Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017, 7876-7877 [2019-03923]
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Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: February 27, 2019.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2019–03924 Filed 3–4–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Weihai
Zhongwei Rubber Co., Ltd. (Zhongwei)
sold subject merchandise in the United
States at prices below normal value
(NV) during the period of review (POR)
September 1, 2016, through August 31,
2017.
DATES: Applicable March 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5139.
SUPPLEMENTARY INFORMATION:
AGENCY:
amozie on DSK9F9SC42PROD with NOTICES
Background
Commerce published the Preliminary
Results of this administrative review on
certain new pneumatic off-the-road tires
(OTR Tires) from the People’s Republic
of China (China) on October 11, 2018.1
We invited interested parties to
comment on the Preliminary Results;
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2016–2017, 83 FR 51439 (October 11, 2018)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
VerDate Sep<11>2014
17:54 Mar 04, 2019
Jkt 247001
however, no interested party submitted
comments. For a discussion of events
subsequent to the Preliminary Results,
see Zhongwei’s Analysis
Memorandum.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final results
decision is now March 20, 2019.
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. A
full description of the scope of the order
is contained in the Preliminary Decision
Memorandum.4
Separate Rate
In our Preliminary Results, we found
that information placed on the record by
Zhongwei demonstrates that it is
entitled to separate rate status, which
we preliminarily granted. We received
no information since the issuance of the
Preliminary Results that provides a basis
for reconsidering the determination
with respect to the separate rate status
of this entity. Therefore, for the final
results, we continue to find that
Zhongwei is eligible for a separate rate.
2 See memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China; 2016–2017: Analysis of the Final
Results Margin Calculation for Weihai Zhongwei
Rubber Co., Ltd.,’’ dated concurrently with this
notice (Zhongwei’s Analysis Memorandum).
3 See memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See the PDM at 2–4.
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Frm 00009
Fmt 4703
Sfmt 4703
Changes Since the Preliminary Results
As noted above, we received no
comments in response to the
Preliminary Results. Accordingly, for
the purposes of these final results,
Commerce has made no substantive
changes to the Preliminary Results.
However, subsequent to the issuance of
the Preliminary Results Commerce
became aware of certain ministerial
errors made with respect to the
preliminary margin calculation for
Zhongwei. We notified parties of these
specific ministerial errors, and the
adjustments we intended to make to the
preliminary margin calculation to
correct for these errors, in a
memorandum to the file on October 18,
2018.5 The October 18, 2018,
memorandum also established the
briefing schedule for this administrative
review and invited interested parties to
comment on the Preliminary Results,
including the intended changes
identified therein, by November 12,
2018. As no interested party to this
proceeding commented on the
Preliminary Results, or the October 18,
2018 memorandum, we have
incorporated the corrections to the selfidentified ministerial errors detailed in
that memorandum in calculating the
final weighted-average margin for
Zhongwei for these final results.6
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margin exists for the POR from
September 1, 2016, through August 31,
2017:
Exporter
Weihai Zhongwei Rubber Co.,
Ltd ...........................................
Weightedaverage
dumping
margin
(USD)
1.45
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.7 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
China-wide entity. Because no party
5 See memorandum, ‘‘Administrative Review of
Antidumping Investigation of Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Briefing Schedule for the Final
Determination,’’ dated October 18, 2018.
6 See Zhongwei’s Analysis Memorandum.
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
E:\FR\FM\05MRN1.SGM
05MRN1
Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices
requested a review of the China-wide
entity in this review, and we did not
self-initiate a review, the entity is not
under review and the entity’s rate is not
subject to change, (i.e., 105.31 percent).8
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 will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.212(b). Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this review in the Federal
Register.
For any individually examined
respondent whose (estimated) ad
valorem weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent), Commerce will
calculate importer-specific ad valorem
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1).9 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate calculated is
not zero or de minimis. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.10
amozie on DSK9F9SC42PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
8 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).
9 In these final results, Commerce applied the
assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
10 See 19 CFR 351.212(b)(1).
VerDate Sep<11>2014
17:54 Mar 04, 2019
Jkt 247001
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 exporter 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.
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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
7877
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: February 27, 2019.
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. 2019–03923 Filed 3–4–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7876-7877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03923]
-----------------------------------------------------------------------
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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Weihai
Zhongwei Rubber Co., Ltd. (Zhongwei) sold subject merchandise in the
United States at prices below normal value (NV) during the period of
review (POR) September 1, 2016, through August 31, 2017.
DATES: Applicable March 5, 2019.
FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-5139.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on certain new pneumatic off-the-road tires (OTR Tires) from the
People's Republic of China (China) on October 11, 2018.\1\ We invited
interested parties to comment on the Preliminary Results; however, no
interested party submitted comments. For a discussion of events
subsequent to the Preliminary Results, see Zhongwei's Analysis
Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 51439 (October 11, 2018)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See memorandum, ``Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China; 2016-2017: Analysis of the Final Results
Margin Calculation for Weihai Zhongwei Rubber Co., Ltd.,'' dated
concurrently with this notice (Zhongwei's Analysis Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final results decision is now March 20, 2019.
---------------------------------------------------------------------------
\3\ See memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
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. A full description of the scope of the order
is contained in the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See the PDM at 2-4.
---------------------------------------------------------------------------
Separate Rate
In our Preliminary Results, we found that information placed on the
record by Zhongwei demonstrates that it is entitled to separate rate
status, which we preliminarily granted. We received no information
since the issuance of the Preliminary Results that provides a basis for
reconsidering the determination with respect to the separate rate
status of this entity. Therefore, for the final results, we continue to
find that Zhongwei is eligible for a separate rate.
Changes Since the Preliminary Results
As noted above, we received no comments in response to the
Preliminary Results. Accordingly, for the purposes of these final
results, Commerce has made no substantive changes to the Preliminary
Results. However, subsequent to the issuance of the Preliminary Results
Commerce became aware of certain ministerial errors made with respect
to the preliminary margin calculation for Zhongwei. We notified parties
of these specific ministerial errors, and the adjustments we intended
to make to the preliminary margin calculation to correct for these
errors, in a memorandum to the file on October 18, 2018.\5\ The October
18, 2018, memorandum also established the briefing schedule for this
administrative review and invited interested parties to comment on the
Preliminary Results, including the intended changes identified therein,
by November 12, 2018. As no interested party to this proceeding
commented on the Preliminary Results, or the October 18, 2018
memorandum, we have incorporated the corrections to the self-identified
ministerial errors detailed in that memorandum in calculating the final
weighted-average margin for Zhongwei for these final results.\6\
---------------------------------------------------------------------------
\5\ See memorandum, ``Administrative Review of Antidumping
Investigation of Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Briefing Schedule for the Final
Determination,'' dated October 18, 2018.
\6\ See Zhongwei's Analysis Memorandum.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the POR from September 1, 2016, through August 31,
2017:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(USD)
------------------------------------------------------------------------
Weihai Zhongwei Rubber Co., Ltd............................. 1.45
------------------------------------------------------------------------
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the China-wide
entity. Because no party
[[Page 7877]]
requested a review of the China-wide entity in this review, and we did
not self-initiate a review, the entity is not under review and the
entity's rate is not subject to change, (i.e., 105.31 percent).\8\
---------------------------------------------------------------------------
\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\8\ 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).
---------------------------------------------------------------------------
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 will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b).
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of the final results of this review in the
Federal Register.
For any individually examined respondent whose (estimated) ad
valorem weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent), Commerce will calculate importer-
specific ad valorem assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales
and the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1).\9\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate calculated is not zero or de
minimis. Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\10\
---------------------------------------------------------------------------
\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
\10\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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 exporter 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.
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: February 27, 2019.
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. 2019-03923 Filed 3-4-19; 8:45 am]
BILLING CODE 3510-DS-P
