Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016, 16348-16349 [2017-06619]

Download as PDF 16348 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II asabaliauskas on DSK3SPTVN1PROD with NOTICES List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Use of Adverse Facts Available IV. Critical Circumstances V. Scope of the Investigation VI. Scope Comments VII. Margin Calculations VIII. Discussion of the Issues NVR 1. Date of Sale for NVR’s U.S. Direct Shipments 2. Product Characteristics and Control Numbers for NVR 3. Misreported Quantities for NVR 4. AFA 5. Other NVR Adjustments OTS 6. Differential Pricing Methodology 7. Weight Basis for OTS 8. OTS’s Home Market Commissions 9. U.S. Short-Term Borrowing Rate 10. Home Market Freight Expenses 11. Disregarding Sales Where OTS Provided Only Tolling Services 12. Ministerial Error in the Cost Test for OTS 13. Cost Recovery Test 14. Financial Expense Ratio 15. Foreign Exchange Offset to Reported Direct Material Costs 16. Trasteel’s Stab Acquisition Cost IX. Recommendation [FR Doc. 2017–06630 Filed 4–3–17; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 9, 2016, the Department of Commerce (‘‘Department’’) initiated 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’’) for ten companies. Based on timely withdrawal of requests for review, we are now rescinding this administrative review with respect to three of these companies: Weifang Jintongda Tyre Co., Ltd. (‘‘Jintongda’’); Trelleborg Wheel Systems (Xingtai) Co., Ltd. (‘‘TWS China’’); and Zhongce Rubber Group Company Limited (‘‘Zhongce’’). DATES: Effective April 4, 2017. FOR FURTHER INFORMATION CONTACT: Alex Rosen, 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) 482–7814. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 8, 2016, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on OTR Tires from the PRC.1 In September 2016, the Department received multiple timely requests to conduct an administrative review of the antidumping duty order on OTR Tires from the PRC. Based on these requests, on November 9, 2016, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the ‘‘Act’’), the Department published in the Federal Register a notice of initiation of an administrative review covering the period September 1, 2015, through August 31, 2016, with respect to ten companies: Cheng Shin Rubber Industry Ltd.; Guizhou Tyre Co., Ltd.; Guizhou Tyre Import and Export Co., Ltd.; Qingdao Milestone Tyres Co. Ltd.; 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 81 FR 62096 (September 8, 2016). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Qingdao Qihang Tyre Co. Ltd.; Shandong Zhentai Group Co., Ltd.; Weihai Zhongwei Rubber Co., Ltd.; TWS China; Jintongda; and Zhongce.2 On November 24, 2016, December 13, 2016, and February 7, 2017, Jingtongda,3 Zhongce,4 and TWS China,5 timely withdrew their respective requests for an administrative review. Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Jingtongda, Zhongce, and TWS China timely withdrew their requests for an administrative review; no other party requested a review of these companies. Accordingly, we are rescinding this review, in part, with respect to these companies, pursuant to 19 CFR 351.213(d)(1). Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For Jingtongda, Zhongce, and TWS China, the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a 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 this review 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 78778 (November 9, 2016). 3 See Letter from Jingtongda, ‘‘Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated November 24, 2016. 4 See Letter from Zhongce, ‘‘New Pneumatic Offthe-Road Tires From the People’s Republic of China: Withdrawal of Request for Administrative Review—2015–16 Review Period,’’ dated December 13, 2016. 5 See Letter from TWS China, ‘‘Antidumping Duty Administrative Review of New Pneumatic Off-TheRoad Tires from the People’s Republic of China: Withdrawal of Request for Administrative Review of Trelleborg Wheel Systems (Xingtai) Co., Ltd.,’’ dated February 7, 2017. E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices period. 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 doubled antidumping and/or countervailing duties. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to an administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Date: March 29, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–06619 Filed 4–3–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–875] Certain Carbon and Alloy Steel Cut-toLength Plate From Japan: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from Japan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. The final weighted-average dumping margins of sales at LTFV are listed below in the ‘‘Final Determination’’ section of this notice. asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: DATES: Effective April 4, 2017. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Ryan Mullen, AD/ VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593 and (202) 482–5260, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published the Preliminary Determination of sales at LTFV of CTL plate from Japan.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 Scope of the Investigation The scope of the investigation covers CTL plate from Japan. For a complete description of the scope of the investigation, see Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix II. The Issues and 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 it is available to all parties in the Central Records Unit, room B–8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. 1 See Certain Carbon and Alloy Steel Cut-toLength Plate from Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 79427 (November 14, 2016) (Preliminary Determination). 2 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-FairValue Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Japan,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 16349 Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in November and December 2016, we verified the sales and cost information submitted by Tokyo Steel Manufacturing Co., Ltd. (Tokyo Steel) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Tokyo Steel.3 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Tokyo Steel. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. Adverse Facts Available In the Preliminary Determination, because mandatory respondents JFE Steel Corporation (JFE) and Shimabun Corporation (Shimabun) failed to respond to the Department’s questionnaire and informed the Department that they would not participate in this investigation,4 we applied adverse facts available (AFA) to these respondents, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. Because we could not corroborate the petition dumping margin of 179.2 percent, we assigned to JFE and Shimabun, as AFA, a dumping margin based on the highest transactionspecific dumping margin calculated for Tokyo Steel.5 The Department received no comments regarding its preliminary application of the AFA dumping margin to JFE and Shimabun. For the final 3 For discussion of our verification findings, see the following memoranda: Memorandum to the File through Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta, Senior International Trade Analyst, and Ryan Mullen, International Trade Analyst, entitled ‘‘Verification of Tokyo Steel Manufacturing Co., Ltd., in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Japan,’’ dated January 17, 2017; Memorandum to the File through Neal M. Halper, Director, Office of Accounting and Michael P. Martin, Lead Accountant, Office of Accounting from Kristin L. Case, Senior Accountant, entitled ‘‘Verification of the Cost Response of Tokyo Steel Manufacturing Co., Ltd. in the Less-Than-Fair Value Investigation of Certain Alloy and Carbon Steel Cut-to-Length Plate from Japan,’’ dated January 9, 2017. 4 See Letter to the Secretary of Commerce from JFE ‘‘Advisement of Non-Participation in Investigation’’ (June 20, 2016); Letter to the Secretary of Commerce from Shimabun ‘‘Shimabun’s Notification of Non-Participation’’ (July 29, 2016). 5 See Preliminary Determination. E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16348-16349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06619]


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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: Notice of Partial Rescission of the Antidumping Duty 
Administrative Review; 2015-2016

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

SUMMARY: On November 9, 2016, the Department of Commerce 
(``Department'') initiated 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'') for ten companies. Based 
on timely withdrawal of requests for review, we are now rescinding this 
administrative review with respect to three of these companies: Weifang 
Jintongda Tyre Co., Ltd. (``Jintongda''); Trelleborg Wheel Systems 
(Xingtai) Co., Ltd. (``TWS China''); and Zhongce Rubber Group Company 
Limited (``Zhongce'').

DATES: Effective April 4, 2017.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, 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) 482-7814.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2016, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on OTR Tires from the PRC.\1\ In September 2016, the Department 
received multiple timely requests to conduct an administrative review 
of the antidumping duty order on OTR Tires from the PRC. Based on these 
requests, on November 9, 2016, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the ``Act''), the Department published 
in the Federal Register a notice of initiation of an administrative 
review covering the period September 1, 2015, through August 31, 2016, 
with respect to ten companies: Cheng Shin Rubber Industry Ltd.; Guizhou 
Tyre Co., Ltd.; Guizhou Tyre Import and Export Co., Ltd.; Qingdao 
Milestone Tyres Co. Ltd.; Qingdao Qihang Tyre Co. Ltd.; Shandong 
Zhentai Group Co., Ltd.; Weihai Zhongwei Rubber Co., Ltd.; TWS China; 
Jintongda; and Zhongce.\2\ On November 24, 2016, December 13, 2016, and 
February 7, 2017, Jingtongda,\3\ Zhongce,\4\ and TWS China,\5\ timely 
withdrew their respective requests for an administrative review.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 62096 (September 8, 2016).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 78778 (November 9, 2016).
    \3\ See Letter from Jingtongda, ``Certain New Pneumatic Off-the-
Road Tires From the People's Republic of China: Withdrawal of 
Request for Administrative Review,'' dated November 24, 2016.
    \4\ See Letter from Zhongce, ``New Pneumatic Off-the-Road Tires 
From the People's Republic of China: Withdrawal of Request for 
Administrative Review--2015-16 Review Period,'' dated December 13, 
2016.
    \5\ See Letter from TWS China, ``Antidumping Duty Administrative 
Review of New Pneumatic Off-The-Road Tires from the People's 
Republic of China: Withdrawal of Request for Administrative Review 
of Trelleborg Wheel Systems (Xingtai) Co., Ltd.,'' dated February 7, 
2017.
---------------------------------------------------------------------------

Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Jingtongda, Zhongce, and TWS China timely withdrew their requests for 
an administrative review; no other party requested a review of these 
companies. Accordingly, we are rescinding this review, in part, with 
respect to these companies, pursuant to 19 CFR 351.213(d)(1).

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
Jingtongda, Zhongce, and TWS China, the companies for which this review 
is rescinded, antidumping duties shall be assessed at rates equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions to CBP 15 days after publication of 
this notice.

Notification to Importers

    This notice serves as a 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 this review

[[Page 16349]]

period. 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 doubled 
antidumping and/or countervailing duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305, which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

     Date: March 29, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2017-06619 Filed 4-3-17; 8:45 am]
 BILLING CODE 3510-DS-P