Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2015-2016, 16829-16832 [2018-07991]
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Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices
China.1 In that notice, Commerce
incorrectly listed Guangdong Xin Wei
Aluminum Products Co., Ltd. among the
companies for which it was rescinding
the administrative review.2 Commerce
intended for Guangdong Xin Wei
Aluminum Products Co., Ltd. to only be
listed in the ‘‘Intent to Rescind
Administrative Review, In Part’’ section
of the Preliminary Results, rather than
in Appendix II.3
This notice serves as a correction that
we have not rescinded this
administrative review with respect to
Guangdong Xin Wei Aluminum
Products Co., Ltd. Rather, we
preliminarily intend to rescind the
review with respect to Guangdong Xin
Wei Aluminum Products Co., Ltd.,
because there is no evidence on the
record to indicate that it had entries of
subject merchandise during the period
of review. As stated in the Preliminary
Results, a final decision regarding
whether to rescind the review of this
company will be issued with the final
results of review.
Dated: April 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–07992 Filed 4–16–18; 8:45 am]
BILLING CODE 3510–DS–P1
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review and New
Shipper Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Weihai
Zhongwei Rubber Co., Ltd., a
manufacturer/exporter of certain new
pneumatic off-the-road tires (OTR tires)
from the People’s Republic of China
(China), sold subject merchandise in the
United States at prices below normal
value during the period of review (POR).
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
1 See Aluminum Extrusions from the People’s
Republic of China: Preliminary Results of
Countervailing Duty Administrative Review,
Rescission of Review, in Part, and Intent to Rescind,
in Part; 2016, 83 FR 11501 (March 15, 2018)
(Preliminary Results),
2 Id., 83 FR at Appendix II.
3 Id., 83 FR at 11502.
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Additionally, we determine that
Guizhou Tyre Co., Ltd. and its affiliate
are ineligible for separate rate status.
Finally, the new shipper review with
respect to The Carlstar Group LLC, the
producer Carlisle (Meizhou) Rubber
Manufacturing Co., Ltd., and its
affiliated exporter CTP HK has been
rescinded.
DATES:
Applicable: April 17, 2018.
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:
FOR FURTHER INFORMATION CONTACT:
Background
On October 10, 2017, Commerce
published its Preliminary Results of the
antidumping duty administrative review
(AR) and new shipper review (NSR).1
On December 11, 2017, in accordance
with section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act),
Commerce extended the period for
issuing the final results of this review by
60 days, to April 9, 2018.2 On January
23, 2018, Commerce exercised its
discretion to toll all deadlines affected
by for the duration of the closure of the
Federal Government from January 20
through 22, 2018. As a result, the period
for issuing the final results of this
review by Commerce has been extended
to April 11, 2018.3
In accordance with 19 CFR 351.309,
we invited interested parties to
comment on the Preliminary Results, as
well as information provided to the
record subsequently. We received case
briefs from The United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO–
1 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review and Preliminary Rescission of New Shipper
Review; 2015–2016, 82 FR 46965 (October 10, 2017)
(Preliminary Results) and accompanying ‘‘Decision
Memorandum for Preliminary Results of the
Antidumping Duty Administrative Review and
Preliminary Recession of New Shipper Review:
Certain New Pneumatic Off-the-Road Tires from the
People’s Republic of China; 2015–2016,’’ dated
October 2, 2017 (Preliminary Decision
Memorandum).
2 See memorandum, ‘‘Certain New Pneumatic Offthe-Road Tires from the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review and New
Shipper Review; 2015–2016,’’ dated December 11,
2017.
3 See memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government’’ (Tolling
Memorandum), dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
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16829
CLC (the petitioners), the mandatory AR
respondents Weihai Zhongwei Rubber
Co., Ltd. (Zhongwei) and GTC,4
interested party Valmont Industries Inc.,
and NSR respondent Carlstar.5 We
received rebuttal briefs from the
petitioners, Zhongwei, and Carlstar. For
a further discussion of the events that
occurred in this investigation
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.6
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: 4011.20.10.25,
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. For
a complete description of the scope of
the order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
4 In the initial investigation, Commerce collapsed
Guizhou Tyre Co., Ltd. and Guizhou Tyre Import
and Export Corporation (GTCIE) into a single entity,
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). This
decision is unchallenged in the instant review;
thus, Commerce continues to treat GTC and GTCIE
as a single entity (collectively, GTC).
5 The NSR was requested by Carlstar Group LLC
(formerly dba CTP Transportation Products)
(Carlstar Group), a U.S. producer, importer and
seller of subject merchandise; concerning
merchandise produced by Carlisle (Meizhou)
Rubber Manufacturing Co., Ltd. (Carlisle Meizhou),
its affiliated producer of OTR tires from China, and
exported by CTP Distribution (HK) Limited (CTP
HK), an affiliated trading company located in Hong
Kong (collectively, Carlstar).
6 See memorandum, ‘‘Issues and Decision
Memorandum for Final Results of Antidumping
Duty Administrative Review and New Shipper
Review: Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China; 2015–2016,’’
adopted by and dated concurrently with this notice
(Issues and Decision Memorandum).
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Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum is attached in
the Appendix to this notice. 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 B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and electronic version of
the Issues and Decision Memorandum
are identical in content.
daltland on DSKBBV9HB2PROD with NOTICES
Recession of the New Shipper Review
In accordance with 19 CFR
351.214(c), an exporter or producer may
request an NSR within one year of the
date on which subject merchandise was
first entered, or withdrawn from
warehouse, for consumption, or, if the
exporter or producer cannot establish
the date of the first entry, then the date
on which it first shipped the
merchandise for export to the United
States.
As discussed in the Issues and
Decision Memorandum and NSR
Rescission Memorandum, Commerce
finds that Carlstar’s request for a new
shipper review was not timely filed
within one year of the date the subject
merchandise produced and exported by
Carlstar’s predecessor was first entered
into the United States, pursuant to 19
CFR 351.214(c).7 As a result, we
determine that Carlstar’s request did not
meet the requirements of 19 CFR
351.214(c), and are rescinding the new
shipper review for Carlstar. Because
much of the factual information used in
our analysis involves business
proprietary information, a full
discussion of the basis for our
determination is set forth in the NSR
Rescission Memorandum.
Separate Rates
In the Preliminary Results, we
determined that Zhongwei, as well as
two separate rate applicants, Qingdao
7 See memorandum, ‘‘New Pneumatic Off-theRoad Tires from the People’s Republic of China:
Final Analysis of Comments Regarding the
Determination to Rescind the New Shipper
Review,’’ dated concurrently with this
memorandum (NSR Final Rescission
Memorandum).
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Jkt 244001
Qihang Tyre Co. Ltd. (Qihang) and
Shandong Zhentai Group Co., Ltd.
(Zhentai), were eligible for separate-rate
status. We also preliminarily
determined that GTC, as well as
separate rate applicant Cheng Shin
Rubber Industry Ltd. (Cheng Shin), and
non-responsive respondent Qingdao
Milestone Tyres Co. Ltd. (Milestone),
were not eligible for a separate rate, and
are, thus, part of the China-wide entity.8
We received no information since the
issuance of the Preliminary Results that
provides a basis for reconsidering these
determinations, therefore, for the final
results we continue to find that
Zhongwei, Qihang, and Zhentai are
eligible for separate rates and that GTC,
Cheng Shin, and Milestone are
ineligible for separate rates.
Additionally, as a result of Commerce’s
rescission of the new shipper review
with respect to Carlstar, and because
Carlstar did not submit a separate rate
application in the administrative
review, it has not been granted a
separate rate. For further discussion, see
Issues and Decision Memorandum at
Comments 1 and 2.
Rate for Non-Individually-Examined
Separate Rate Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be assigned to
respondents not selected for individual
examination when Commerce limits its
examination of companies subject to the
administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, Commerce looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers 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 facts
available.9 Accordingly, Commerce’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
8 See Preliminary Results, 82 FR at 46966, and
accompanying PDM at the ‘‘Separate Rate Analysis’’
section.
9 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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available.10 In this review, we have
calculated a weighted-average dumping
margin for Zhongwei that is above de
minimis and not based entirely on facts
available. Therefore, consistent with
Commerce’s practice, we have assigned
to Qihang and Zhentai the weightedaverage dumping margin calculated for
Zhongwei as the separate rate for this
review.
Changes Since the Preliminary Results
Based on an analysis of the comments
received, we made certain calculation
changes and revisions to the valuation
of certain factors of production since the
Preliminary Results with respect to
Zhongwei’s margin calculation. For
further details on the changes made
since the Preliminary Results, see the
Issues and Decision Memorandum.11
In light of changes made since the
Preliminary Results which altered
Zhongwei’s margin, we have updated
the separate rate that assigned to Qihang
and Zhentai.
Final Results of Review
As a result of this administrative
review, we determine that the following
weighted-average dumping margins
exist for the period September 1, 2015,
through August 31, 2016:
Exporter
Weihai Zhongwei Rubber Co.,
Ltd ...........................................
Qingdao Qihang Tyre Co. Ltd ....
Shandong Zhentai Group Co.,
Ltd ...........................................
Weightedaverage
dumping
margin
(percent)
11.87
11.87
11.87
Additionally, as in the Preliminary
Results, Commerce determines that
GTC, Cheng Shin, and Milestone, are
part of the China-wide entity.
10 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).
11 See also, memorandum, ‘‘Final Results of the
2015–2016 Administrative Review of the
Antidumping Duty Order on Certain New
Pneumatic Off-The-Road Tires from the People’s
Republic of China: Surrogate Value Memorandum,’’
dated concurrently with this notice, and
memorandum, ‘‘2015–2016 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 Weihai Zhongwei Rubber
Co., Ltd.,’’ dated concurrently with this notice.
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Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices
Disclosure
We intend to disclose the calculations
performed regarding these 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
Commerce 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).12
Commerce intends to issue assessment
instructions directly to CBP 15 days
after the date of publication of these
final results of administrative review.
For Zhongwei, Commerce 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). For
customers or importers of Zhongwei 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.13 For customers or
importers of Zhongwei 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.14 Where an
importer- or (customer-) specific ad
valorem rate is greater than de minimis,
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.15
For the non-examined separate rate
companies, we will instruct CBP to
liquidate all appropriate entries at 11.87
percent, which is equal to the weightedaverage dumping margin assigned to
Zhongwei.
For those entities that are subject to
this review that Commerce has
determined are part of the China-wide
entity (i.e., GTC, Cheng Shin and
Milestone), we will instruct CBP to
liquidate all appropriate entries at the
China-wide rate of 105.31 percent.16
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12 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).
13 See 19 CFR 351.212(b)(1).
14 Id.
15 See 19 CFR 351.212(b)(1).
16 The China-wide rate was determined in Certain
New Pneumatic Off-the-Road Tires from the
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Pursuant to a refinement in Commerce’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, Commerce will
instruct CBP to liquidate such entries at
the China-wide rate.17 In addition, if
Commerce 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
China-wide rate.
Because we are rescinding the new
shipper review of Carlstar, we have not
made a determination as to whether
Carlstar qualifies for a separate rate.
Therefore, Carlstar will remain part of
the China-wide entity and, accordingly,
any entries covered by this new shipper
review will be assessed at the Chinawide 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 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 ‘‘Final Results’’ section
of this notice, above; (2) for previously
investigated or reviewed Chinese and
non-Chinese 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 exporterproducer chain rate) published for the
most recently completed segment of this
proceeding in which the exporter was
reviewed; (3) for all Chinese exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
China-wide rate of 105.31 percent; and
(4) for all non-China exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the China
exporter(s) that supplied that non-China
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 80 FR 20197 (April 15, 2015).
17 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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16831
Because we did not calculate a
dumping margin for Carlstar or grant
Carlstar a separate rate in this new
shipper review, as noted above, we find
that Carlstar continues to be part of the
China-wide entity. The cash deposit rate
for the China-wide entity is 105.31
percent. These cash deposit
requirements 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
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: April 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Discussion of the Issues
Comment 1: Carlstar’s Eligibility for a New
Shipper Review (NSR)
Comment 2: GTC’s Separate Rate Eligibility
A. The Statutory Authority to Issue a
Country-Wide Rate
B. The Presumption of Chinese
Government Control
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C. The Government Control of GTC’s
Export Activities
D. WTO Obligations
E. A New China-Wide Rate Applicable to
GTC
F. Adjustments for Domestic and Export
Subsidies Found in the Parallel CVD
Review
Comment 3: Surrogate Value for Mixed
Rubber
Comment 4: Overhead and Selling, General
and Administrative Expenses (SG&A)
Ratios Used to Calculate Zhongwei’s
Margin
Comment 5: CVD Rates Used to Calculate
Double-Remedies Adjustment for
Zhongwei
Comment 6: Irrecoverable Value-Added
Tax (VAT) Rate for Zhongwei
VI. Recommendation
[FR Doc. 2018–07991 Filed 4–16–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: 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
(Commerce) finds that Deacero S.A.P.I.
de C.V. (Deacero), a producer and
exporter of carbon and certain alloy
steel wire rod (wire rod) from Mexico,
made sales of subject merchandise at
less than normal value (NV) during the
period of review (POR), October 1, 2015,
through September 30, 2016. We also
find that ArcelorMittal las Truchas, S.A.
de C.V. (AMLT) made no shipments of
subject merchandise during the POR.
DATES: Applicable April 17, 2018.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, 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.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
Commerce published the preliminary
results of this administrative review of
wire rod from Mexico on November 8,
2017.1 We invited interested parties to
comment on the Preliminary Results. On
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Preliminary Results and Preliminary
Determination of No Shipments; 2015–2016, 82 FR
51819 (November 8, 2017) (Preliminary Results).
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December 8, 2017, Commerce received
timely filed case briefs from Deacero,
and Nucor Corporation (Nucor).2 On
December 20, 2017, Commerce received
timely filed rebuttal briefs from both
Deacero and Nucor.
Commerce has exercised its discretion
to toll all deadlines affected by the
duration of the closure of the Federal
Government from January 20 through
22, 2018.3 Additionally, on February 27,
2018, Commerce postponed the final
results of this review by 30 days until
April 11, 2018.4
Based on an analysis of the comments
received, Commerce has made changes
to the calculated weighted-average
dumping margin determined for
Deacero. Commerce has listed the final
calculated weighted-average dumping
margin in the ‘‘Final Results of
Administrative Review’’ section below.
Scope of the Order 5
The product covered by the order is
wire rod, in coils, of approximately
round cross section, 5.00 mm or more,
but less than 19.00 mm, in solid crosssectional diameter.6 The subject
2 See
Deacero’s Case Brief, ‘‘Carbon and Certain
Alloy Steel Wire Rod from Mexico—Case Brief,’’
dated December 8, 2017 (Deacero’s Case Brief); the
Nucor’s Case Brief, ‘‘Carbon and Certain Alloy Steel
Wire Rod from Mexico: Case Brief,’’ dated
December 8, 2017 (Nucor’s Case Brief).
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding affected by the closure
of the Federal Government have been extended by
3 days.
4 See Commerce Letter re: Carbon and Certain
Alloy Steel Wire Rod from Mexico: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review; 2015–2016, dated February
27, 2018.
5 For the full text of the scope of the order, see
Memorandum, ‘‘Issues and Decision Memorandum
for the Final Results of the 2015–2016 Antidumping
Duty Administrative Review: Carbon and Certain
Alloy Steel Wire Rod from Mexico,’’ dated
concurrently with this determination and hereby
adopted by this notice (Issues and Decision
Memorandum).
6 On October 1, 2012, Commerce determined that
Deacero’s shipments to the United States of narrow
gauge wire rod (4.75 mm to 5.00 mm) (narrow gauge
wire rod) constitute merchandise altered in form or
appearance in such minor respects that it should be
included within the scope of the order on wire rod
from Mexico. See Carbon and Certain Alloy Steel
Wire Rod from Mexico: Affirmative Final
Determination of Circumvention of the
Antidumping Order, 77 FR 59892 (October 1, 2012)
and accompanying Issues and Decision
Memorandum. The U.S. Court of Appeals for the
Federal Circuit upheld this determination. See
Deacero S.A. de C.V. v. United States, 817 F.3d
1332, 1339 (Fed. Cir. 2016). Because there were no
changes to the facts which supported that decision
since that determination, we continue to find
Deacero’s narrow gauge wire rod (4.75 mm to 5.00
mm) subject merchandise.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
merchandise is currently classifiable
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 7213.91.3000,
7213.91.3010, 7213.91.3011,
7213.91.3015, 7213.91.3020,
7213.91.3090, 7213.91.3091,
7213.91.3092, 7213.91.3093,
7213.91.4500, 7213.91.4510,
7213.91.4590, 7213.91.6000,
7213.91.6010, 7213.91.6090,
7213.99.0030, 7213.99.0031,
7213.99.0038, 7213.99.0090,
7227.20.0000, 7227.20.0010,
7227.20.0020, 7227.20.0030,
7227.20.0080, 7227.20.0090,
7227.20.0095, 7227.90.6010,
7227.90.6020, 7227.90.6030,
7227.90.6035, 7227.90.6050,
7227.90.6051, 7227.90.6053,
7227.90.6058, 7227.90.6059,
7227.90.6080, and 7227.90.6085. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description
remains dispositive.
Analysis of Comments Received
Commerce has addressed the issues
raised by Deacero and Nucor in their
case and rebuttal briefs in the Issues and
Decision Memorandum. Commerce has
identified and listed these issues in the
Appendix to this notice. Because the
Issues and Decision Memorandum is a
public document, parties can find a
complete discussion of these issues and
the corresponding recommendations
filed 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 in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. Additionally, parties can
access a complete version of the Issues
and Decision Memorandum directly on
the internet at https://trade.gov/
enforcement/frn/. The signed
Issues and Decision Memorandum and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the case brief and rebuttal
comments received from Deacero and
Nucor, we made changes to our rate
calculation for Deacero. For a discussion
of these issues, see the Issues and
Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily found that AMLT had no
E:\FR\FM\17APN1.SGM
17APN1
]]>Agencies
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16829-16832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07991]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and New Shipper Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Weihai
Zhongwei Rubber Co., Ltd., a manufacturer/exporter of certain new
pneumatic off-the-road tires (OTR tires) from the People's Republic of
China (China), sold subject merchandise in the United States at prices
below normal value during the period of review (POR). Additionally, we
determine that Guizhou Tyre Co., Ltd. and its affiliate are ineligible
for separate rate status. Finally, the new shipper review with respect
to The Carlstar Group LLC, the producer Carlisle (Meizhou) Rubber
Manufacturing Co., Ltd., and its affiliated exporter CTP HK has been
rescinded.
DATES: Applicable: April 17, 2018.
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 October 10, 2017, Commerce published its Preliminary Results of
the antidumping duty administrative review (AR) and new shipper review
(NSR).\1\ On December 11, 2017, in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act), Commerce extended the
period for issuing the final results of this review by 60 days, to
April 9, 2018.\2\ On January 23, 2018, Commerce exercised its
discretion to toll all deadlines affected by for the duration of the
closure of the Federal Government from January 20 through 22, 2018. As
a result, the period for issuing the final results of this review by
Commerce has been extended to April 11, 2018.\3\
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Rescission of New Shipper
Review; 2015-2016, 82 FR 46965 (October 10, 2017) (Preliminary
Results) and accompanying ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review and
Preliminary Recession of New Shipper Review: Certain New Pneumatic
Off-the-Road Tires from the People's Republic of China; 2015-2016,''
dated October 2, 2017 (Preliminary Decision Memorandum).
\2\ See memorandum, ``Certain New Pneumatic Off-the-Road Tires
from the People's Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review and New Shipper
Review; 2015-2016,'' dated December 11, 2017.
\3\ See memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government'' (Tolling Memorandum), dated January 23, 2018.
All deadlines in this segment of the proceeding have been extended
by 3 days.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.309, we invited interested parties to
comment on the Preliminary Results, as well as information provided to
the record subsequently. We received case briefs from The United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO-CLC (the petitioners),
the mandatory AR respondents Weihai Zhongwei Rubber Co., Ltd.
(Zhongwei) and GTC,\4\ interested party Valmont Industries Inc., and
NSR respondent Carlstar.\5\ We received rebuttal briefs from the
petitioners, Zhongwei, and Carlstar. For a further discussion of the
events that occurred in this investigation subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\4\ In the initial investigation, Commerce collapsed Guizhou
Tyre Co., Ltd. and Guizhou Tyre Import and Export Corporation
(GTCIE) into a single entity, 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). This decision is
unchallenged in the instant review; thus, Commerce continues to
treat GTC and GTCIE as a single entity (collectively, GTC).
\5\ The NSR was requested by Carlstar Group LLC (formerly dba
CTP Transportation Products) (Carlstar Group), a U.S. producer,
importer and seller of subject merchandise; concerning merchandise
produced by Carlisle (Meizhou) Rubber Manufacturing Co., Ltd.
(Carlisle Meizhou), its affiliated producer of OTR tires from China,
and exported by CTP Distribution (HK) Limited (CTP HK), an
affiliated trading company located in Hong Kong (collectively,
Carlstar).
\6\ See memorandum, ``Issues and Decision Memorandum for Final
Results of Antidumping Duty Administrative Review and New Shipper
Review: Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China; 2015-2016,'' adopted by and dated concurrently
with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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:
4011.20.10.25, 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. For a complete description of the scope of
the order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby
[[Page 16830]]
adopted by this notice. A list of the issues that parties raised and to
which we responded in the Issues and Decision Memorandum is attached in
the Appendix to this notice. 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 B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and electronic version of the Issues and Decision Memorandum
are identical in content.
Recession of the New Shipper Review
In accordance with 19 CFR 351.214(c), an exporter or producer may
request an NSR within one year of the date on which subject merchandise
was first entered, or withdrawn from warehouse, for consumption, or, if
the exporter or producer cannot establish the date of the first entry,
then the date on which it first shipped the merchandise for export to
the United States.
As discussed in the Issues and Decision Memorandum and NSR
Rescission Memorandum, Commerce finds that Carlstar's request for a new
shipper review was not timely filed within one year of the date the
subject merchandise produced and exported by Carlstar's predecessor was
first entered into the United States, pursuant to 19 CFR 351.214(c).\7\
As a result, we determine that Carlstar's request did not meet the
requirements of 19 CFR 351.214(c), and are rescinding the new shipper
review for Carlstar. Because much of the factual information used in
our analysis involves business proprietary information, a full
discussion of the basis for our determination is set forth in the NSR
Rescission Memorandum.
---------------------------------------------------------------------------
\7\ See memorandum, ``New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Analysis of Comments Regarding the
Determination to Rescind the New Shipper Review,'' dated
concurrently with this memorandum (NSR Final Rescission Memorandum).
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, we determined that Zhongwei, as well as
two separate rate applicants, Qingdao Qihang Tyre Co. Ltd. (Qihang) and
Shandong Zhentai Group Co., Ltd. (Zhentai), were eligible for separate-
rate status. We also preliminarily determined that GTC, as well as
separate rate applicant Cheng Shin Rubber Industry Ltd. (Cheng Shin),
and non-responsive respondent Qingdao Milestone Tyres Co. Ltd.
(Milestone), were not eligible for a separate rate, and are, thus, part
of the China-wide entity.\8\ We received no information since the
issuance of the Preliminary Results that provides a basis for
reconsidering these determinations, therefore, for the final results we
continue to find that Zhongwei, Qihang, and Zhentai are eligible for
separate rates and that GTC, Cheng Shin, and Milestone are ineligible
for separate rates. Additionally, as a result of Commerce's rescission
of the new shipper review with respect to Carlstar, and because
Carlstar did not submit a separate rate application in the
administrative review, it has not been granted a separate rate. For
further discussion, see Issues and Decision Memorandum at Comments 1
and 2.
---------------------------------------------------------------------------
\8\ See Preliminary Results, 82 FR at 46966, and accompanying
PDM at the ``Separate Rate Analysis'' section.
---------------------------------------------------------------------------
Rate for Non-Individually-Examined Separate Rate Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be assigned to respondents not selected for
individual examination when Commerce limits its examination of
companies subject to the administrative review pursuant to section
777A(c)(2)(B) of the Act. Generally, Commerce 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 facts available.\9\ Accordingly,
Commerce'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.\10\ In this review, we have calculated a weighted-average
dumping margin for Zhongwei that is above de minimis and not based
entirely on facts available. Therefore, consistent with Commerce's
practice, we have assigned to Qihang and Zhentai the weighted-average
dumping margin calculated for Zhongwei as the separate rate for this
review.
---------------------------------------------------------------------------
\9\ 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.
\10\ 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).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on an analysis of the comments received, we made certain
calculation changes and revisions to the valuation of certain factors
of production since the Preliminary Results with respect to Zhongwei's
margin calculation. For further details on the changes made since the
Preliminary Results, see the Issues and Decision Memorandum.\11\
---------------------------------------------------------------------------
\11\ See also, memorandum, ``Final Results of the 2015-2016
Administrative Review of the Antidumping Duty Order on Certain New
Pneumatic Off-The-Road Tires from the People's Republic of China:
Surrogate Value Memorandum,'' dated concurrently with this notice,
and memorandum, ``2015-2016 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 Weihai Zhongwei Rubber Co., Ltd.,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
In light of changes made since the Preliminary Results which
altered Zhongwei's margin, we have updated the separate rate that
assigned to Qihang and Zhentai.
Final Results of Review
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
September 1, 2015, through August 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Weihai Zhongwei Rubber Co., Ltd............................. 11.87
Qingdao Qihang Tyre Co. Ltd................................. 11.87
Shandong Zhentai Group Co., Ltd............................. 11.87
------------------------------------------------------------------------
Additionally, as in the Preliminary Results, Commerce determines
that GTC, Cheng Shin, and Milestone, are part of the China-wide entity.
[[Page 16831]]
Disclosure
We intend to disclose the calculations performed regarding these
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
Commerce 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).\12\ Commerce intends
to issue assessment instructions directly to CBP 15 days after the date
of publication of these final results of administrative review.
---------------------------------------------------------------------------
\12\ 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).
---------------------------------------------------------------------------
For Zhongwei, Commerce 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). For customers or
importers of Zhongwei 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.\13\ For customers or
importers of Zhongwei 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.\14\ Where an importer- or (customer-) specific ad valorem rate
is greater than de minimis, Commerce will instruct CBP to collect the
appropriate duties at the time of liquidation.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
For the non-examined separate rate companies, we will instruct CBP
to liquidate all appropriate entries at 11.87 percent, which is equal
to the weighted-average dumping margin assigned to Zhongwei.
For those entities that are subject to this review that Commerce
has determined are part of the China-wide entity (i.e., GTC, Cheng Shin
and Milestone), we will instruct CBP to liquidate all appropriate
entries at the China-wide rate of 105.31 percent.\16\ Pursuant to a
refinement in Commerce'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, Commerce will
instruct CBP to liquidate such entries at the China-wide rate.\17\ In
addition, if Commerce 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 China-wide rate.
---------------------------------------------------------------------------
\16\ The China-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).
\17\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Because we are rescinding the new shipper review of Carlstar, we
have not made a determination as to whether Carlstar qualifies for a
separate rate. Therefore, Carlstar will remain part of the China-wide
entity and, accordingly, any entries covered by this new shipper review
will be assessed at the China-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 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 ``Final Results'' section of this notice, above; (2)
for previously investigated or reviewed Chinese and non-Chinese
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 Chinese exporters of subject merchandise which have not been found
to be entitled to a separate rate, the cash deposit rate will be the
China-wide rate of 105.31 percent; and (4) for all non-China exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the China exporter(s) that
supplied that non-China exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Because we did not calculate a dumping margin for Carlstar or grant
Carlstar a separate rate in this new shipper review, as noted above, we
find that Carlstar continues to be part of the China-wide entity. The
cash deposit rate for the China-wide entity is 105.31 percent. These
cash deposit requirements 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 final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Discussion of the Issues
Comment 1: Carlstar's Eligibility for a New Shipper Review (NSR)
Comment 2: GTC's Separate Rate Eligibility
A. The Statutory Authority to Issue a Country-Wide Rate
B. The Presumption of Chinese Government Control
[[Page 16832]]
C. The Government Control of GTC's Export Activities
D. WTO Obligations
E. A New China-Wide Rate Applicable to GTC
F. Adjustments for Domestic and Export Subsidies Found in the
Parallel CVD Review
Comment 3: Surrogate Value for Mixed Rubber
Comment 4: Overhead and Selling, General and Administrative
Expenses (SG&A) Ratios Used to Calculate Zhongwei's Margin
Comment 5: CVD Rates Used to Calculate Double-Remedies
Adjustment for Zhongwei
Comment 6: Irrecoverable Value-Added Tax (VAT) Rate for Zhongwei
VI. Recommendation
[FR Doc. 2018-07991 Filed 4-16-18; 8:45 am]
BILLING CODE P
