Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 71068-71071 [2016-24821]

Download as PDF 71068 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices rmajette on DSK2TPTVN1PROD with NOTICES notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Revised Factual Information Requirements On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to antidumping and countervailing duty proceedings: the definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on or after May 10, 2013. Please review the final rule, available at http:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in this segment. Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information.6 Parties are hereby reminded that revised certification requirements are in effect for company/ government officials as well as their representatives. All segments of any 6 See section 782(b) of the Act. VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.7 The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements. Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in antidumping and countervailing duty proceedings: Final Rule, 78 FR 57790 (September 20, 2013). The modification clarifies that parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning U.S. Customs and Border Protection data; and (5) quantity and value questionnaires. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which 7 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/ factual_info_final_rule_FAQ_07172013.pdf. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 the Department will grant untimelyfiled requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Please review the final rule, available at http:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: October 6, 2016. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–24809 Filed 10–13–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is conducting an administrative review of the antidumping duty order on certain new pneumatic off-the-road tires (‘‘OTR tires’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is September 1, 2014, through August 31, 2015. The Department preliminarily finds that Xuzhou Xugong Tyres Co., Ltd. (‘‘Xugong’’), Xuzhou Armour Rubber Company Ltd. (‘‘Armour’’) and Xuzhou Hanbang Tyre Co., Ltd. (‘‘Hanbang’’) (collectively, ‘‘Xugong’’), made sales of subject merchandise at less than normal value (‘‘NV’’) and that Trelleborg Wheel Systems Hebei Co. (‘‘TWS Hebei’’) had no shipments during the POR. The Department invites interested parties to comment on this preliminary determination. DATES: Effective October 14, 2016. FOR FURTHER INFORMATION CONTACT: Keith Haynes or Mandy Mallott, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5139 or (202) 482–6430, respectively. AGENCY: E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices SUPPLEMENTARY INFORMATION: Background On November 9, 2015, the Department initiated the seventh administrative review of the antidumping duty order on OTR tires from the PRC.1 As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government.2 Accordingly, all deadlines in this segment of the proceeding have been extended by four business days.3 On May 3, 2016, we extended the time limit for the preliminary results of review by 120 days, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), to October 5, 2016.4 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.5 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I. rmajette on DSK2TPTVN1PROD with NOTICES Scope of the Order 6 The merchandise covered by this order includes new pneumatic tires designed for off-the-road and offhighway use, subject to certain exceptions. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.61.00.00, 4011.62.00.00, 4011.63.00.00, 4011.69.00.00, 4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 4011.94.40.00, and 4011.94.80.00. The 1 See Initiation of Antidumping and Countervailing Duty Administrative Review, 80 FR 69193 (November 9, 2016) (‘‘Initiation Notice’’). 2 See Memorandum to the File from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas’’ dated January 27, 2016. 3 Id. 4 See Memorandum to Christian Marsh, ‘‘Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Extension of Deadline for Preliminary Results of 2014–2015 Antidumping Duty Administrative Review,’’ dated May 3, 2016. 5 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China; 2014–2015’’ (‘‘Preliminary Decision Memorandum’’), dated concurrently with and hereby adopted by this notice. 6 For a complete description of the scope of the order, see the Preliminary Decision Memorandum. VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive. Preliminary Determination of No Shipments On November 17, 2015, TWS Hebei submitted a timely-filed certification indicating that it had no shipments of subject merchandise to the United States during the POR.7 Consistent with our practice, the Department asked Customs and Border Protection (‘‘CBP’’) to conduct a query on potential shipments made by TWS Hebei.8 Based on TWS Hebei’s certifications and our analysis of CBP data and rebuttal information, we preliminarily determine that TWS Hebei did not have any reviewable transactions during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with our assessment practice in non-market economy (‘‘NME’’) cases, the Department is not rescinding this review of the company, but intends to complete the review and issue appropriate instructions to CBP based on the final results of the review.9 Separate Rates The Department preliminarily determines that information placed on the record by the mandatory respondent Xugong,10 as well as nine other separate rate applicants, Shiyan Desizheng Industry & Trade Co., Ltd. (‘‘Desizheng’’), Qingdao Jinhaoyang International Co., Ltd. (‘‘Jinhaoyang’’), Weifang Jintongda Tyre Co., Ltd. (‘‘Jintongda’’), Sailun Jinyu Group Co., Ltd. (‘‘Sailun’’), Qingdao Free Trade Zone Full-World International Trading Co., Ltd. (‘‘Qingdao FTZ’’), Qingdao Qihang Tyre Co. (‘‘Qihang’’), Trelleborg 7 See Letter from TWS Hebei, ‘‘Trelleborg Wheel Systems Hebei Co. Statement of No Shipments during the POR: New Pneumatic Off-The-Road Tires from the People’s Republic of China,’’ dated November 17, 2015. 8 See CBP Message Number 6207309, dated July 25, 2016. 9 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. 10 The Department previously collapsed Xugong and its affiliates Armour and Hanbang into a single entity, see Certain New Pneumatic Off-The-Road Tires From The People’s Republic Of China: Preliminary Results Of Antidumping Duty Administrative Review; 2013–2014, 80 FR 61166, 61167 (October 9, 2015), unchanged in Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2013–2014, 81 FR 23272 (April 20, 2016). This decision is unchallenged in the instant review; thus the Department continues to treat Xugong, Armour, and Hanbang as a single entity. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 71069 Wheel Systems (Xingtai) China, Co. Ltd. (‘‘TWS Xingtai’’), Weihai Zhongwei Rubber Co., Ltd. (‘‘Zhongwei’’), and Zhongce Rubber Group Company Limited (‘‘Zhongce’’), demonstrates that these companies are entitled to separate rate status. For additional information, see the Preliminary Decision Memorandum. Rate for Non-Examined Companies Which Are Eligible for a Separate Rate The statute and the Department’s regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for respondents not individually examined in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference for not calculating an allothers rate using rates which are zero, de minimis or based entirely on adverse facts available (‘‘AFA’’).11 Accordingly, the Department’s usual practice has been to determine the dumping margin for companies not individually examined by averaging the weightedaverage dumping margins for the individually examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available.12 Consistent with this practice, in this review, we preliminarily calculated a weightedaverage dumping margin for Xugong that is above de minimis and not based entirely on AFA; therefore, the Department preliminarily assigns to Desizheng, Jinhaoyang, Jintongda, Sailun, Qingdao FTZ, Qihang, TWS Xingtai, Zhongwei, and Zhongce the weighted-average margin calculated for Xugong as the separate rate for this review. PRC-Wide Entity The Department’s change in policy regarding conditional review of the 11 See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. 12 See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. E:\FR\FM\14OCN1.SGM 14OCN1 71070 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices PRC-wide entity applies to this administrative review.13 Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department selfinitiates, a review of the entity. Because no party requested a review of the PRCwide entity in this review, the entity is not under review and the entity’s rate is not subject to change (i.e., 105.31 percent).14 Aside from the no shipments and separate rate companies discussed above, the Department considers all other companies for which a review was requested, were not found eligible for a separate rate based on information provided, including Guizhou Tyre Co., Ltd. (‘‘GTC’’),15 Aeolus Tyre Co., Ltd., and Tianjin Leviathan International Trade Co., Ltd., to be part of the PRCwide entity.16 For additional information, see the Preliminary Decision Memorandum. Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) and 751(a)(2)(A) of the Act. Export and constructed export prices were calculated in accordance with sections 772(a) and (b) of the Act. Because the PRC is a nonmarket economy within the meaning of section 771(18) of the Act, normal value (‘‘NV’’) has been calculated in accordance with section 773(c). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weightedaverage dumping margins exist for the period September 1, 2014, through August 31, 2015: Weighted-average dumping margin (percent) Exporter Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., or Xuzhou Hanbang Tyre Co., Ltd. ....................................... Shiyan Desizheng Industry & Trade Co., Ltd. ............................................................................................................................... Qingdao Jinhaoyang International Co., Ltd. .................................................................................................................................. Sailun Jinyu Group Co., Ltd. ......................................................................................................................................................... Weifang Jintongda Tyre Co., Ltd. .................................................................................................................................................. Zhongce Rubber Group Company Limited ................................................................................................................................... Weihai Zhongwei Rubber Co., Ltd. ............................................................................................................................................... Qingdao Qihang Tyre Co. ............................................................................................................................................................. Qingdao Free Trade Zone Full-World International Trading Co., Ltd. .......................................................................................... Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. .................................................................................................................... 33.58 33.58 33.58 33.58 33.58 33.58 33.58 33.58 33.58 33.58 The Department intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs within 30 days after the date of publication of these preliminary results of review in the Federal Register.17 Rebuttals to case briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs.18 Parties who submit arguments are requested to submit with the argument (a) a statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities.19 Parties submitting briefs should do so pursuant to the Department’s electronic filing system, ACCESS.20 Any interested party may request a hearing within 30 days of publication of this notice.21 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.22 The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. 13 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 14 See Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012– 2013, 80 FR 20197 (April 15, 2015). 15 The Department notes that it previously collapsed GTC and Guizhou Tyre Import and Export Corporation (‘‘GTCIE’’), into a single entity and that that decision is unchallenged in the instant review. See Certain New Pneumatic Off-The-Road Tires From the People’s Republic of China; Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 73 FR 9278, 9283 (February 20, 2008), unchanged in Certain New Pneumatic OffThe-Road Tires from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 40485 (July 15, 2008). 16 See Preliminary Decision Memorandum. See also Memorandum to the File, ‘‘Preliminary Denial of Separate Rates in the Antidumping Duty Administrative Review of New Pneumatic Off-theRoad Tires from the People’s Republic of China,’’ dated concurrently with and hereby adopted by this notice. 17 See 19 CFR 351.309(c)(1)(ii). 18 See 19 CFR 351.309(d)(1)–(2). 19 See 19 CFR 351.309(c)(2), (d)(2). 20 See 19 CFR 351.303 (for general filing requirements). 21 See 19 CFR 351.310(c). 22 See 19 CFR 351.310(d). Additionally, the Department preliminarily determines that GTS, Aeolus Tyre CO., Ltd., and Tianjin Leviathan International Trade Co., Ltd., to be a part of the PRC-wide entity. rmajette on DSK2TPTVN1PROD with NOTICES Disclosure, Public Comment and Opportunity to Request a Hearing VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.23 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For assessment purposes, the Department applied the assessment rate calculation method adopted in Assessment Rate Modification.24 For any individually examined respondent whose weighted average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer(or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.25 Where either a respondent’s weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.26 For the respondents that were not selected for individual examination in this administrative review and that qualified for a separate rate, the assessment rate will be based on the average of the mandatory respondents.27 Pursuant to the Department’s practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during the administrative review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.28 23 See 19 CFR 351.212(b). Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (‘‘Assessment Rate Modification’’) in the manner described in more detail in the Preliminary Decision Memorandum. 25 See 19 CFR 351.212(b)(1). 26 See 19 CFR 351.106(c)(2). 27 See Preliminary Decision Memorandum. 28 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: rmajette on DSK2TPTVN1PROD with NOTICES 24 See VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. 71071 IV. Preliminary Determination of No Shipments V. Discussion of Methodology A. Non-Market Economy Country B. Surrogate Country and Surrogate Value Data C. Surrogate Country D. Separate Rates E. Margin for the Companies Individually Examined F. Margin for the Separate Rate Companies Not Individually Examined G. Margin for Companies Not Receiving a Separate Rate H. Date of Sale I. Comparisons to Normal Value J. U.S. Price K. Normal Value L. Factor Valuations VI. Adjustment Under Section 777A(f) of the Act VII. Recommendation [FR Doc. 2016–24821 Filed 10–13–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–817] Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from SEAH Steel VINA Corporation (SSV), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty (AD) order on certain oil country tubular goods (OCTG) from the Socialist Republic of Vietnam (Vietnam) for the period (POR) February 25, 2014, through August 31, 2015. The Department preliminarily determines that SSV did not sell subject merchandise in the United States at prices below normal value (NV) during the period of review (POR). Interested parties are invited to comment on these preliminary results. DATES: Effective October 14, 2016. FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202–482–2924. SUPPLEMENTARY INFORMATION: AGENCY: Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: October 5, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order Background Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). On November 9, 2015, the Department initiated an administrative review of the PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71068-71071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24821]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on certain new 
pneumatic off-the-road tires (``OTR tires'') from the People's Republic 
of China (``PRC''). The period of review (``POR'') is September 1, 
2014, through August 31, 2015. The Department preliminarily finds that 
Xuzhou Xugong Tyres Co., Ltd. (``Xugong''), Xuzhou Armour Rubber 
Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co., Ltd. 
(``Hanbang'') (collectively, ``Xugong''), made sales of subject 
merchandise at less than normal value (``NV'') and that Trelleborg 
Wheel Systems Hebei Co. (``TWS Hebei'') had no shipments during the 
POR. The Department invites interested parties to comment on this 
preliminary determination.

DATES: Effective October 14, 2016.

FOR FURTHER INFORMATION CONTACT: Keith Haynes or Mandy Mallott, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5139 or (202) 482-6430, 
respectively.

[[Page 71069]]


SUPPLEMENTARY INFORMATION: 

Background

    On November 9, 2015, the Department initiated the seventh 
administrative review of the antidumping duty order on OTR tires from 
the PRC.\1\ As explained in the memorandum from the Acting Assistant 
Secretary for Enforcement and Compliance, the Department exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government.\2\ Accordingly, all deadlines in 
this segment of the proceeding have been extended by four business 
days.\3\ On May 3, 2016, we extended the time limit for the preliminary 
results of review by 120 days, pursuant to section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (``Act''), to October 5, 2016.\4\ For a 
complete description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum.\5\ A 
list of topics included in the Preliminary Decision Memorandum is 
included as Appendix I.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 80 FR 69193 (November 9, 2016) (``Initiation 
Notice'').
    \2\ See Memorandum to the File from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas'' dated 
January 27, 2016.
    \3\ Id.
    \4\ See Memorandum to Christian Marsh, ``Certain New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Extension of 
Deadline for Preliminary Results of 2014-2015 Antidumping Duty 
Administrative Review,'' dated May 3, 2016.
    \5\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China; 2014-2015'' 
(``Preliminary Decision Memorandum''), dated concurrently with and 
hereby adopted by this notice.
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Scope of the Order \6\
---------------------------------------------------------------------------

    \6\ For a complete description of the scope of the order, see 
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    The merchandise covered by this order includes new pneumatic tires 
designed for off-the-road and off-highway use, subject to certain 
exceptions. The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30, 
4011.20.50.50, 4011.61.00.00, 4011.62.00.00, 4011.63.00.00, 
4011.69.00.00, 4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 
4011.94.40.00, and 4011.94.80.00. The HTSUS subheadings are provided 
for convenience and customs purposes only; the written product 
description of the scope of the order is dispositive.

Preliminary Determination of No Shipments

    On November 17, 2015, TWS Hebei submitted a timely-filed 
certification indicating that it had no shipments of subject 
merchandise to the United States during the POR.\7\ Consistent with our 
practice, the Department asked Customs and Border Protection (``CBP'') 
to conduct a query on potential shipments made by TWS Hebei.\8\ Based 
on TWS Hebei's certifications and our analysis of CBP data and rebuttal 
information, we preliminarily determine that TWS Hebei did not have any 
reviewable transactions during the POR. For additional information 
regarding this determination, see the Preliminary Decision Memorandum. 
Consistent with our assessment practice in non-market economy (``NME'') 
cases, the Department is not rescinding this review of the company, but 
intends to complete the review and issue appropriate instructions to 
CBP based on the final results of the review.\9\
---------------------------------------------------------------------------

    \7\ See Letter from TWS Hebei, ``Trelleborg Wheel Systems Hebei 
Co. Statement of No Shipments during the POR: New Pneumatic Off-The-
Road Tires from the People's Republic of China,'' dated November 17, 
2015.
    \8\ See CBP Message Number 6207309, dated July 25, 2016.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Separate Rates

    The Department preliminarily determines that information placed on 
the record by the mandatory respondent Xugong,\10\ as well as nine 
other separate rate applicants, Shiyan Desizheng Industry & Trade Co., 
Ltd. (``Desizheng''), Qingdao Jinhaoyang International Co., Ltd. 
(``Jinhaoyang''), Weifang Jintongda Tyre Co., Ltd. (``Jintongda''), 
Sailun Jinyu Group Co., Ltd. (``Sailun''), Qingdao Free Trade Zone 
Full-World International Trading Co., Ltd. (``Qingdao FTZ''), Qingdao 
Qihang Tyre Co. (``Qihang''), Trelleborg Wheel Systems (Xingtai) China, 
Co. Ltd. (``TWS Xingtai''), Weihai Zhongwei Rubber Co., Ltd. 
(``Zhongwei''), and Zhongce Rubber Group Company Limited (``Zhongce''), 
demonstrates that these companies are entitled to separate rate status. 
For additional information, see the Preliminary Decision Memorandum.
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    \10\ The Department previously collapsed Xugong and its 
affiliates Armour and Hanbang into a single entity, see Certain New 
Pneumatic Off-The-Road Tires From The People's Republic Of China: 
Preliminary Results Of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 61166, 61167 (October 9, 2015), unchanged in Certain New 
Pneumatic Off-the-Road Tires From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2013-2014, 
81 FR 23272 (April 20, 2016). This decision is unchallenged in the 
instant review; thus the Department continues to treat Xugong, 
Armour, and Hanbang as a single entity.
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Rate for Non-Examined Companies Which Are Eligible for a Separate Rate

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to respondents not selected for 
individual examination when the Department limits its examination of 
companies subject to the administrative review pursuant to section 
777A(c)(2)(B) of the Act. Generally, the Department looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for respondents not individually examined in an administrative 
review. Section 735(c)(5)(A) of the Act articulates a preference for 
not calculating an all-others rate using rates which are zero, de 
minimis or based entirely on adverse facts available (``AFA'').\11\ 
Accordingly, the Department's usual practice has been to determine the 
dumping margin for companies not individually examined by averaging the 
weighted-average dumping margins for the individually examined 
respondents, excluding rates that are zero, de minimis, or based 
entirely on facts available.\12\ Consistent with this practice, in this 
review, we preliminarily calculated a weighted-average dumping margin 
for Xugong that is above de minimis and not based entirely on AFA; 
therefore, the Department preliminarily assigns to Desizheng, 
Jinhaoyang, Jintongda, Sailun, Qingdao FTZ, Qihang, TWS Xingtai, 
Zhongwei, and Zhongce the weighted-average margin calculated for Xugong 
as the separate rate for this review.
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    \11\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
    \12\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
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PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the

[[Page 71070]]

PRC-wide entity applies to this administrative review.\13\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review and the entity's rate is 
not subject to change (i.e., 105.31 percent).\14\ Aside from the no 
shipments and separate rate companies discussed above, the Department 
considers all other companies for which a review was requested, were 
not found eligible for a separate rate based on information provided, 
including Guizhou Tyre Co., Ltd. (``GTC''),\15\ Aeolus Tyre Co., Ltd., 
and Tianjin Leviathan International Trade Co., Ltd., to be part of the 
PRC-wide entity.\16\ For additional information, see the Preliminary 
Decision Memorandum.
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    \13\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \14\ See Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 20197 (April 15, 2015).
    \15\ The Department notes that it previously collapsed GTC and 
Guizhou Tyre Import and Export Corporation (``GTCIE''), into a 
single entity and that that decision is unchallenged in the instant 
review. See Certain New Pneumatic Off-The-Road Tires From the 
People's Republic of China; Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 73 FR 
9278, 9283 (February 20, 2008), unchanged in Certain New Pneumatic 
Off-The-Road Tires from the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
40485 (July 15, 2008).
    \16\ See Preliminary Decision Memorandum. See also Memorandum to 
the File, ``Preliminary Denial of Separate Rates in the Antidumping 
Duty Administrative Review of New Pneumatic Off-the-Road Tires from 
the People's Republic of China,'' dated concurrently with and hereby 
adopted by this notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and 751(a)(2)(A) of the Act. Export and constructed export 
prices were calculated in accordance with sections 772(a) and (b) of 
the Act. Because the PRC is a nonmarket economy within the meaning of 
section 771(18) of the Act, normal value (``NV'') has been calculated 
in accordance with section 773(c).
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at https://access.trade.gov, and is available to 
all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period September 1, 
2014, through August 31, 2015:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company               33.58
 Ltd., or Xuzhou Hanbang Tyre Co., Ltd...............
Shiyan Desizheng Industry & Trade Co., Ltd...........              33.58
Qingdao Jinhaoyang International Co., Ltd............              33.58
Sailun Jinyu Group Co., Ltd..........................              33.58
Weifang Jintongda Tyre Co., Ltd......................              33.58
Zhongce Rubber Group Company Limited.................              33.58
Weihai Zhongwei Rubber Co., Ltd......................              33.58
Qingdao Qihang Tyre Co...............................              33.58
Qingdao Free Trade Zone Full-World International                   33.58
 Trading Co., Ltd....................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd....              33.58
------------------------------------------------------------------------

    Additionally, the Department preliminarily determines that GTS, 
Aeolus Tyre CO., Ltd., and Tianjin Leviathan International Trade Co., 
Ltd., to be a part of the PRC-wide entity.

Disclosure, Public Comment and Opportunity to Request a Hearing

    The Department intends to disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\17\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\18\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\19\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\20\
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    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ See 19 CFR 351.309(d)(1)-(2).
    \19\ See 19 CFR 351.309(c)(2), (d)(2).
    \20\ See 19 CFR 351.303 (for general filing requirements).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\21\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\22\
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    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

[[Page 71071]]

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\23\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For assessment purposes, the Department applied the assessment rate 
calculation method adopted in Assessment Rate Modification.\24\ For any 
individually examined respondent whose weighted average dumping margin 
is above de minimis (i.e., 0.50 percent) in the final results of this 
review, the Department will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- 
(or customer-) specific ad valorem rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\25\ Where either a respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\26\ For the respondents that were not selected for 
individual examination in this administrative review and that qualified 
for a separate rate, the assessment rate will be based on the average 
of the mandatory respondents.\27\
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    \24\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(``Assessment Rate Modification'') in the manner described in more 
detail in the Preliminary Decision Memorandum.
    \25\ See 19 CFR 351.212(b)(1).
    \26\ See 19 CFR 351.106(c)(2).
    \27\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    Pursuant to the Department's practice, for entries that were not 
reported in the U.S. sales databases submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-wide rate.\28\
---------------------------------------------------------------------------

    \28\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity; and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during the POR. Failure to 
comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Value Data
    C. Surrogate Country
    D. Separate Rates
    E. Margin for the Companies Individually Examined
    F. Margin for the Separate Rate Companies Not Individually 
Examined
    G. Margin for Companies Not Receiving a Separate Rate
    H. Date of Sale
    I. Comparisons to Normal Value
    J. U.S. Price
    K. Normal Value
    L. Factor Valuations
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation

[FR Doc. 2016-24821 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P