Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015, 27224-27226 [2017-12303]
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27224
Notices
Federal Register
Vol. 82, No. 113
Wednesday, June 14, 2017
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
results.2 On April 24, 2017, the
Department received a timely-filed
ministerial error allegation from the
petitioners 3 regarding the Department’s
margin calculation for Xugong, one of
the mandatory respondents in the
review.4 The Department also received
a timely-filed ministerial error
allegation from Xugong regarding the
draft final liquidation instructions
released with the Final Results.5
DEPARTMENT OF COMMERCE
Scope of the Order
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: 4011.80.1010,
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,
4011.70.00.10, 4011.70.00.50
4011.80.20.20, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, 4011.94.80.00,
8716.90.5056, 8716.90.5059,
4011.80.10.10, 4011.80.10.20,
4011.80.20.10, 4011.80.80.10, and
4011.80.80.20. The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
product description of the scope of the
order is dispositive. For a complete
description of the scope of the order, see
the Issues and Decision Memorandum
accompanying the Final Results.
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Amended Final Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is amending its final
results of the 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 the period of September
1, 2014, through August 31, 2015, to
correct a ministerial error. The amended
final weighted-average dumping
margins for the reviewed firms are listed
below in the section entitled,
‘‘Amended Final Results.’’
DATES: Effective June 14, 2017.
FOR FURTHER INFORMATION CONTACT:
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 202–482–6430.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK30JT082PROD with NOTICES
Background
On April 13, 2017, the Department
issued the final results of the
administrative review of the 2014–2015
period of review.1 On April 14, 2017,
the Department disclosed to interested
parties its calculations for the final
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2014–
2015, 82 FR 18733 (April 21, 2017) (Final Results)
and accompanying Issues and Decision
Memorandum.
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17:36 Jun 13, 2017
Jkt 241001
Ministerial Error
Section 751(h) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
2 Xuzhou Xugong Tyres Co., Ltd. (Xugong) was
the only mandatory respondent for which the
Department calculated a margin. See the
Department’s memorandum, ‘‘2014–2015
Administrative Review of the Antidumping Duty
Order on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of China: Analysis
of the Final Results Margin Calculation for Xuzhou
Xugong Tyres Co., Ltd.,’’ dated April 12, 2017
(Xugong Final Analysis Memorandum).
3 Titan Tire Corporation (Titan) and the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union, AFL–CIO, CLC (the USW)
(collectively, the petitioners).
4 See Petitioners’ Letter, ‘‘Petitioners’ Ministerial
Error Comments,’’ dated April 24, 2017.
5 See Xugong’s letter, ‘‘Allegation of Ministerial
Error for the Final Results of Administrative Review
of New Pneumatic Off-The-Road Tires from the
People’s Republic of China,’’ dated April 21, 2017
(Xugong Comments).
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Fmt 4703
Sfmt 4703
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any similar
type of unintentional error which the
Secretary considers ministerial.’’ We
analyzed the petitioners’ ministerial
error comments and determined, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(e) and (f), that
we made a ministerial error in our
calculation of Xugong’s margin for the
Final Results by inadvertently using the
incorrect sales figures as a denominator
to devise the indirect sales expense
ratio.6 We also made an error in the
draft liquidation instructsions. For a
detailed discussion of the Department’s
ministerial error determination, see
Ministerial Error Memorandum.
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
correcting this error in the calculation of
Xugong’s weighted-average dumping
margin by using the proper denominator
in the calculation of indirect sales
expenses,7 and are, thus, amending the
Final Results. The revised weightedaverage dumping margin for Xugong is
detailed below.
Additionally, as a result of our
revision to Xugong’s margin, the
Department has also revised the
dumping margin for companies not
individually examined in the review. As
we explained in the Final Results,8 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. Consistent with
section 735(c)(5)(A) of the Act, 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
6 See the Department’s memorandum, ‘‘2014–
2015 Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of China:
Ministerial Error Allegation for the Final Results,’’
dated concurrently with this notice (Ministerial
Error Memorandum).
7 See Ministerial Error Memorandum; see also
memorandum, ‘‘Analysis of the Amended Final
Results Margin Calculation for Xuzhou Xugong
Tyres Co., Ltd.,’’ dated concurrently with this
notice (Xugong Amended Final Analysis Memo).
8 See Final Results, 82 FR at 18734.
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices
that are zero, de minimis, or based
entirely on facts available.9 Because
Xugong’s revised weighted-average
dumping margin is above de minimis
and not based entirely on facts
available, consistent with the
Department’s practice, we have assigned
to companies not individually examined
the weighted-average dumping margin
calculated for Xugong as the separate
rate for this review. The revised
weighted-average dumping margins for
those companies are detailed below.
Amended Final Results
Ltd. (GTC) and Guizhou Tyre Import
and Export Co., Ltd. (GTCIE),12 Aeolus
Tyre Co., Ltd., and Tianjin Leviathan
International Trade Co., Ltd., are part of
the PRC-wide entity remains
unchanged.13
Disclosure
We intend to disclose the calculations
performed regarding these amended
final results within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review pursuant to section 751(a)(2)(C)
of the Act and 19 CFR 351.212(b)(1).14
Weightedaverage
The Department intends to issue
Exporter
dumping
assessment instructions directly to CBP
margin
15 days after the date of publication of
(percent)
these amended final results of
administrative review.
Xuzhou Xugong Tyres Co.,
For Xugong, the Department
Ltd., Armour Rubber Company Ltd., or Xuzhou
calculated importer-specific assessment
Hanbang Tyre Co., Ltd .........
33.14 rates on the basis of the ratio of the total
Shiyan Desizheng Industry &
amount of dumping calculated for the
Trade Co., Ltd .......................
33.14 importer’s examined sales to the total
Qingdao Jinhaoyang Interentered value of sales, in accordance
national Co., Ltd ....................
33.14
Sailun Jinyu Group Co., Ltd .....
33.14 with 19 CFR 351.212(b)(1). For
customers or importers of Xugong for
Weifang Jintongda Tyre Co.,
Ltd .........................................
33.14 which we do not have entered values,
we calculated importer- (or customer-)
Zhongce Rubber Group Company Limite ............................
33.14 specific antidumping duty assessment
Weihai Zhongwei Rubber Co.,
amounts based on the ratio of the total
Ltd .........................................
33.14 amount of dumping duties calculated
Qingdao Qihang Tyre Co.,
for the examined sales of subject
Ltd.10 .....................................
33.14
merchandise to the total sales quantity
Qingdao Free Trade Zone Fullof those same sales.15 For customers or
World International Trading
Co., Ltd .................................
33.14 importers of Xugong for which we
received entered-value information, we
Trelleborg Wheel Systems
(Xingtai) China, Co. Ltd11 .....
33.14 have calculated importer- (or customer) specific antidumping duty assessment
rates based on importer- (or customer-)
The Department’s determination in
the Final Results that Guizhou Tyre Co., specific ad valorem rates.16 Where an
importer- or (customer-) specific ad
9 See, e.g., Preliminary Determination of Sales at
valorem rate is greater than de minimis,
Less Than Fair Value and Partial Affirmative
the Department will instruct CBP to
Determination of Critical Circumstances: Certain
collect the appropriate duties at the time
Polyester Staple Fiber from the People’s Republic of
of liquidation.17 For the non-examined
China, 71 FR 77373, 77377 (December 26, 2006),
unchanged in Final Determination of Sales at Less
separate rate companies, we will
mstockstill on DSK30JT082PROD with NOTICES
As a result of correcting this
ministerial error, we determine that the
following weighted-average dumping
margins exist for the POR:
Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 19690 (April 19, 2007).
10 The Department intended to grant Qingdao
Qihang Tyre Co., Ltd. a separate rate in the Final
Results. See Qihang’s December 6, 2015 Separate
Rate Certification. However, we incorrectly referred
to this company as ‘‘Qingdao Qihang Tyre Co.,’’ in
the Final Results and accompanying Issues and
Decision Memorandum. Accordingly, we have
corrected the name of this company in these
Amended Final Results.
11 In the Final Results the Department granted
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.
(TWS) a separate rate. However, we note that TWS
is also known as Trelleborg Wheel Systems
(Xingtai) Co., Ltd. See TWS’s November 12, 2105
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17:36 Jun 13, 2017
Jkt 241001
Entry of Appearance and TWS’s November 20, 2015
Separate Rate Certification.
12 We incorrectly referred to the this company as
‘‘Guizhou Tyre Import and Export Corporation,’’
and have corrected the name in these Amended
Final Results.
13 See Final Results, 82 FR at 18735.
14 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (‘‘NME Antidumping
Proceedings’’).
15 See 19 CFR 351.212(b)(1).
16 Id.
17 Id.
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Fmt 4703
Sfmt 4703
27225
instruct CBP to liquidate all appropriate
entries at 33.14 percent. For those
entities that are subject to this review
that the Department has determined are
part of the PRC-wide entity (i.e., GTC
and GTCIE, Aeolus Tyre Co., Ltd., and
Tianjin Leviathan International Trade
Co., Ltd.), we will instruct CBP to
liquidate all appropriate entries at the
PRC-wide rate of 105.31 percent.18
Pursuant to a refinement in the
Department’s non-market economy
(NME) practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate.19 In addition, if the Department
determines that an exporter under
review had no shipments of 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.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after April 21,
2017, the publication date of the Final
Results of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) For the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
identified in the ‘‘Amended Final
Results’’ section of this notice, above;
(2) for previously investigated or
reviewed PRC and non-PRC exporters
that are not under review in this
segment of the proceeding but that
received a separate rate in a previous
segment, the cash deposit rate will
continue to be the exporter-specific rate
(or exporter-producer chain rate)
published for the most recently
completed segment of this proceeding in
which the exporter was reviewed; (3) for
all PRC exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the PRCwide rate of 105.31 percent; 20 and (4)
for all non-PRC exporters of subject
merchandise which have not received
18 The PRC-wide rate was determined in 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).
19 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
20 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).
E:\FR\FM\14JNN1.SGM
14JNN1
27226
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter(s) that supplied that non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final 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
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping and/
or countervailing duties occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), 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.
We are issuing and publishing these
amended final results of administrative
review in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK30JT082PROD with NOTICES
[A–570–937]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) published the
VerDate Sep<11>2014
17:36 Jun 13, 2017
Jkt 241001
DATES:
Effective June 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, Office IV, Enforcement &
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4037.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2017, the Department
published the Preliminary Results.1 We
invited interested parties to submit
comments on the Preliminary Results,
but we received no comments.
Scope of the Order
[FR Doc. 2017–12303 Filed 6–13–17; 8:45 am]
AGENCY:
Preliminary Results of the seventh
administrative review of the
antidumping duty order on citric acid
and certain citrate salts (citric acid) from
the People’s Republic of China (PRC) on
February 8, 2017. The period of review
(POR) for the administrative review is
May 1, 2015, through April 30, 2016.
The review was initiated with respect to
twenty companies. After rescinding the
review with respect to RZBC Co., Ltd.,
RZBC Import & Export Co., Ltd., and
RZBC (Juxian) Co., Ltd. (collectively,
RZBC) at the Preliminary Results,
seventeen companies remain under
review. The Department finds that
fifteen companies, including mandatory
respondent Laiwu Taihe Biochemistry
Co., Ltd. (Taihe), are part of the PRCwide entity, and two companies had no
shipments of subject merchandise
during the POR. We gave interested
parties an opportunity to comment on
the Preliminary Results. No parties
commented. Our final results remain
unchanged from the Preliminary
Results.
The products covered by the order
include the hydrous and anhydrous
forms of citric acid, the dihydrate and
anhydrous forms of sodium citrate,
otherwise known as citric acid sodium
salt, and the monohydrate and
monopotassium forms of potassium
citrate. Sodium citrate also includes
both trisodium citrate and monosodium
citrate, which are also known as citric
acid trisodium salt and citric acid
monosodium salt, respectively. Citric
acid and sodium citrate are classifiable
under 2918.14.0000 and 2918.15.1000 of
the Harmonized Tariff Schedule of the
United States (HTSUS), respectively.
1 See Citric Acid and Certain Citrate Salts From
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and
Preliminary Partial Rescission of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 9722
(February 8, 2017) (Preliminary Results).
PO 00000
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Fmt 4703
Sfmt 4703
Potassium citrate and crude calcium
citrate are classifiable under
2918.15.5000 and 3824.90.9290 of the
HTSUS, respectively. Blends that
include citric acid, sodium citrate, and
potassium citrate are classifiable under
3824.90.9290 of the HTSUS. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the
merchandise is dispositive.2
Final Determination of No Shipments
In the Preliminary Results, the
Department determined Niran
(Thailand) Co., Ltd. (Niran) and Niran
Biochemical Limited (Niran
Biochemical) had no reviewable
transactions during the POR.3 We
received no comments concerning our
finding of no shipments by Niran and
Niran Biochemical. In these final results
of review, we continue to find that
Niran and Niran Biochemical had no
shipments of subject merchandise
during the POR.
Separate Rates
The Department considers fifteen
companies listed in the Initiation
Notice, including Taihe, to be part of the
PRC-wide entity. Because Taihe did not
respond to the Department’s original
questionnaire and did not provide
separate rate information, Taihe has not
established its eligibility for separate
rate status. Furthermore, the remaining
fourteen companies failed to provide
separate rate applications or separate
rate certifications necessary to establish
their eligibility for a separate rate.4
Therefore, the Department determines
that these fifteen companies, including
Taihe, are not eligible for a separate rate
and are part of the PRC-wide entity.
Accordingly, the Department
determined a rate consistent with the
Department’s current practice regarding
conditional review of the PRC-wide
entity.5
2 See Citric Acid and Certain Citrate Salts from
Canada and the People’s Republic of China:
Antidumping Duty Orders, 74 FR 25703 (May 29,
2009) for a full description of the scope of the order.
3 See Preliminary Results, 82 FR at 9722.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
44260, 44265 (July 7, 2016) (Initiation Notice).
5 See Preliminary Results and accompanying
Decision Memorandum at 4. See also 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,
65970 (November 4, 2013). Under this practice, 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 PRC-wide entity, the
entity is not under review and the entity’s rate is
not subject to change.
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]]>Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27224-27226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12303]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 /
Notices
[[Page 27224]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Amended Final 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 amending its final
results of the 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 the period of September 1, 2014, through
August 31, 2015, to correct a ministerial error. The amended final
weighted-average dumping margins for the reviewed firms are listed
below in the section entitled, ``Amended Final Results.''
DATES: Effective June 14, 2017.
FOR FURTHER INFORMATION CONTACT: 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 202-482-6430.
SUPPLEMENTARY INFORMATION:
Background
On April 13, 2017, the Department issued the final results of the
administrative review of the 2014-2015 period of review.\1\ On April
14, 2017, the Department disclosed to interested parties its
calculations for the final results.\2\ On April 24, 2017, the
Department received a timely-filed ministerial error allegation from
the petitioners \3\ regarding the Department's margin calculation for
Xugong, one of the mandatory respondents in the review.\4\ The
Department also received a timely-filed ministerial error allegation
from Xugong regarding the draft final liquidation instructions released
with the Final Results.\5\
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2014-2015, 82 FR 18733 (April 21, 2017)
(Final Results) and accompanying Issues and Decision Memorandum.
\2\ Xuzhou Xugong Tyres Co., Ltd. (Xugong) was the only
mandatory respondent for which the Department calculated a margin.
See the Department's memorandum, ``2014-2015 Administrative Review
of the Antidumping Duty Order on Certain New Pneumatic Off-the-Road
Tires from the People's Republic of China: Analysis of the Final
Results Margin Calculation for Xuzhou Xugong Tyres Co., Ltd.,''
dated April 12, 2017 (Xugong Final Analysis Memorandum).
\3\ Titan Tire Corporation (Titan) and the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO, CLC (the USW)
(collectively, the petitioners).
\4\ See Petitioners' Letter, ``Petitioners' Ministerial Error
Comments,'' dated April 24, 2017.
\5\ See Xugong's letter, ``Allegation of Ministerial Error for
the Final Results of Administrative Review of New Pneumatic Off-The-
Road Tires from the People's Republic of China,'' dated April 21,
2017 (Xugong Comments).
---------------------------------------------------------------------------
Scope of the Order
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:
4011.80.1010, 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, 4011.70.00.10, 4011.70.00.50 4011.80.20.20,
4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 4011.94.40.00,
4011.94.80.00, 8716.90.5056, 8716.90.5059, 4011.80.10.10,
4011.80.10.20, 4011.80.20.10, 4011.80.80.10, and 4011.80.80.20. The
HTSUS subheadings are provided for convenience and customs purposes
only; the written product description of the scope of the order is
dispositive. For a complete description of the scope of the order, see
the Issues and Decision Memorandum accompanying the Final Results.
Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
similar type of unintentional error which the Secretary considers
ministerial.'' We analyzed the petitioners' ministerial error comments
and determined, in accordance with section 751(h) of the Act and 19 CFR
351.224(e) and (f), that we made a ministerial error in our calculation
of Xugong's margin for the Final Results by inadvertently using the
incorrect sales figures as a denominator to devise the indirect sales
expense ratio.\6\ We also made an error in the draft liquidation
instructsions. For a detailed discussion of the Department's
ministerial error determination, see Ministerial Error Memorandum.
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\6\ See the Department's memorandum, ``2014-2015 Administrative
Review of the Antidumping Duty Order on Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Ministerial
Error Allegation for the Final Results,'' dated concurrently with
this notice (Ministerial Error Memorandum).
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In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are correcting this error in the calculation of Xugong's weighted-
average dumping margin by using the proper denominator in the
calculation of indirect sales expenses,\7\ and are, thus, amending the
Final Results. The revised weighted-average dumping margin for Xugong
is detailed below.
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\7\ See Ministerial Error Memorandum; see also memorandum,
``Analysis of the Amended Final Results Margin Calculation for
Xuzhou Xugong Tyres Co., Ltd.,'' dated concurrently with this notice
(Xugong Amended Final Analysis Memo).
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Additionally, as a result of our revision to Xugong's margin, the
Department has also revised the dumping margin for companies not
individually examined in the review. As we explained in the Final
Results,\8\ 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. Consistent with
section 735(c)(5)(A) of the Act, 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
[[Page 27225]]
that are zero, de minimis, or based entirely on facts available.\9\
Because Xugong's revised weighted-average dumping margin is above de
minimis and not based entirely on facts available, consistent with the
Department's practice, we have assigned to companies not individually
examined the weighted-average dumping margin calculated for Xugong as
the separate rate for this review. The revised weighted-average dumping
margins for those companies are detailed below.
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\8\ See Final Results, 82 FR at 18734.
\9\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
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Amended Final Results
As a result of correcting this ministerial error, we determine that
the following weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., 33.14
or Xuzhou Hanbang Tyre Co., Ltd...........................
Shiyan Desizheng Industry & Trade Co., Ltd................. 33.14
Qingdao Jinhaoyang International Co., Ltd.................. 33.14
Sailun Jinyu Group Co., Ltd................................ 33.14
Weifang Jintongda Tyre Co., Ltd............................ 33.14
Zhongce Rubber Group Company Limite........................ 33.14
Weihai Zhongwei Rubber Co., Ltd............................ 33.14
Qingdao Qihang Tyre Co., Ltd.\10\.......................... 33.14
Qingdao Free Trade Zone Full-World International Trading 33.14
Co., Ltd..................................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd\11\...... 33.14
------------------------------------------------------------------------
The Department's determination in the Final Results that Guizhou
Tyre Co., Ltd. (GTC) and Guizhou Tyre Import and Export Co., Ltd.
(GTCIE),\12\ Aeolus Tyre Co., Ltd., and Tianjin Leviathan International
Trade Co., Ltd., are part of the PRC-wide entity remains unchanged.\13\
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\10\ The Department intended to grant Qingdao Qihang Tyre Co.,
Ltd. a separate rate in the Final Results. See Qihang's December 6,
2015 Separate Rate Certification. However, we incorrectly referred
to this company as ``Qingdao Qihang Tyre Co.,'' in the Final Results
and accompanying Issues and Decision Memorandum. Accordingly, we
have corrected the name of this company in these Amended Final
Results.
\11\ In the Final Results the Department granted Trelleborg
Wheel Systems (Xingtai) China, Co. Ltd. (TWS) a separate rate.
However, we note that TWS is also known as Trelleborg Wheel Systems
(Xingtai) Co., Ltd. See TWS's November 12, 2105 Entry of Appearance
and TWS's November 20, 2015 Separate Rate Certification.
\12\ We incorrectly referred to the this company as ``Guizhou
Tyre Import and Export Corporation,'' and have corrected the name in
these Amended Final Results.
\13\ See Final Results, 82 FR at 18735.
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Disclosure
We intend to disclose the calculations performed regarding these
amended final results within five days of the date of publication of
this notice to parties in this proceeding, in accordance with 19 CFR
351.224(b).
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1).\14\ The
Department intends to issue assessment instructions directly to CBP 15
days after the date of publication of these amended final results of
administrative review.
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\14\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(``NME Antidumping Proceedings'').
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For Xugong, the Department calculated 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). For customers or
importers of Xugong for which we do not have entered values, we
calculated importer- (or customer-) specific antidumping duty
assessment amounts based on the ratio of the total amount of dumping
duties calculated for the examined sales of subject merchandise to the
total sales quantity of those same sales.\15\ For customers or
importers of Xugong for which we received entered-value information, we
have calculated importer- (or customer-) specific antidumping duty
assessment rates based on importer- (or customer-) specific ad valorem
rates.\16\ 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.\17\ For the non-
examined separate rate companies, we will instruct CBP to liquidate all
appropriate entries at 33.14 percent. For those entities that are
subject to this review that the Department has determined are part of
the PRC-wide entity (i.e., GTC and GTCIE, Aeolus Tyre Co., Ltd., and
Tianjin Leviathan International Trade Co., Ltd.), we will instruct CBP
to liquidate all appropriate entries at the PRC-wide rate of 105.31
percent.\18\ Pursuant to a refinement in the Department's non-market
economy (NME) practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the PRC-wide rate.\19\ In addition, if the Department determines
that an exporter under review had no shipments of 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.
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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
\17\ Id.
\18\ The PRC-wide rate was determined in 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).
\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after April 21, 2017, the publication
date of the Final Results of this administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) For the exporters listed above,
the cash deposit rate will be equal to the weighted-average dumping
margin identified in the ``Amended Final Results'' section of this
notice, above; (2) for previously investigated or reviewed PRC and non-
PRC exporters that are not under review in this segment of the
proceeding but that received a separate rate in a previous segment, the
cash deposit rate will continue to be the exporter-specific rate (or
exporter-producer chain rate) published for the most recently completed
segment of this proceeding in which the exporter was reviewed; (3) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 105.31 percent; \20\ and (4) for all non-PRC exporters of
subject merchandise which have not received
[[Page 27226]]
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter(s) that supplied that non-PRC exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\20\ 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).
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Notification to Importers
This notice serves as a final 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 period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of the antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), 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.
We are issuing and publishing these amended final results of
administrative review in accordance with sections 751(a)(1) and 777(i)
of the Act.
Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12303 Filed 6-13-17; 8:45 am]
BILLING CODE 3510-DS-P
