[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Pages 22513-22515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08894]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Rescission, in Part; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the Department of Commerce
(``Department'') published the preliminary results of the 2010-2011
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'').\1\ The period of review (``POR'') is September 1,
2010, through August 31, 2011. This review covers one exporter:
Hangzhou Zhongce Rubber Co., Ltd. (``Zhongce'').
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\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Antidumping Duty Administrative Review;
2010-2011, 77 FR 61387 (October 9, 2012) (``Preliminary Results'').
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We invited interested parties to comment on our Preliminary
Results. Based on our analysis of the comments received, we made
certain changes to our margin calculations for Zhongce. The final
dumping margin for this review is listed in the ``Final Results
Margin'' section below.
DATES: Effective Date: April 16, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Eugene Degnan, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4987 and (202) 482-0414, respectively.
Background
On October 9, 2012, the Department published its Preliminary
Results of the antidumping duty administrative review of OTR tires from
the PRC. Zhongce submitted publicly available information regarding
surrogate values on November 7, 2012. Petitioner and Zhongce submitted
case briefs on November 19, 2012, and rebuttal briefs on December 3,
2012.
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. A full description of the
scope of the order is contained in the Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, titled, ``Certain New Pneumatic Off-the-Road Tires from
the People's Republic of China: Issues and Decision Memorandum for the
Final Results of the 2010-2011 Administrative Review of the Antidumping
Duty Order,'' dated April 9, 2013 (``Issues and Decision Memorandum'').
The written product description of the scope of the order is
dispositive.\2\
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\2\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Notice of Amended Final Affirmative
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order, 73 FR 51624 (September 4, 2008).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this
[[Page 22514]]
review are addressed in the Issues and Decision Memorandum, which is
hereby adopted by this notice. A list of the issues that parties raised
and to which we responded in the Issues and Decision Memorandum follows
as an appendix to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit, room 7046 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 http://www.trade.gov/ia/. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Final Rescission, in Part, of the Administrative Review
In the Preliminary Results, the Department stated its intent to
rescind the review with respect to 78 companies that are part of the
PRC-wide entity, and for which a review request was withdrawn.\3\ The
Department did not receive any comments from interested parties with
respect to rescinding the review for these companies. As such, in
accordance with 19 CFR 351.213(d)(1), we are rescinding this review
with respect to these 78 companies.
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\3\ See Preliminary Results, 77 FR at 61387 and 61389, Appendix
III.
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Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department maintains a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of subject merchandise in
an NME country this single rate unless an exporter can demonstrate that
it is sufficiently independent so as to be entitled to a separate
rate.\4\
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\4\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991), as amplified by Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the People's Republic of
China, 59 FR 22585 (May 2, 1994); see also 19 CFR 351.107(d).
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In the Preliminary Results, we found that Zhongce demonstrated its
eligibility for separate-rate status.\5\ No party has placed any
evidence on the record of this review to contradict that finding.
Therefore, we continue to find that Zhongce is eligible for separate-
rate status.
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\5\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 7.
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Changes Since the Preliminary Results
Based on an analysis of the comments received, for the final
results, the Department made the following change to Zhongce's margin
calculation:
Surrogate Financial Ratios: We have used the 2011
financial statements for Hwa Fong Rubber (Thailand) Public Company
Limited and the 2010 financial statements for Goodyear (Thailand)
Public Company Limited to calculate average surrogate financial
ratios.\6\
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\6\ See Memorandum to the File from Andrew Medley, titled
``Final Results of the 2010-2011 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 April 9, 2013 (``Surrogate Value Memorandum''), and Memorandum
to the File from Andrew Medley, titled ``2010-2011 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 Zhongce,'' dated April 9, 2013
(``Zhongce Final Analysis Memorandum''); see also Issues and
Decision Memorandum at Comment 6.
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Carbon Black: We have used the Thai import data for
``Rubber Grade Carbon Black'' to value all carbon black inputs.\7\
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\7\ See Surrogate Value Memorandum and Zhongce Final Analysis
Memorandum; see also Issues and Decision Memorandum at Comment 5A.
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Final Results
We determine that the following weighted-average dumping margin
exists for the period September 1, 2010, through August 31, 2011:
OTR Tires From The PRC
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Weighted-
Exporter average margin
percent
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Hangzhou Zhongce Rubber Co., Ltd....................... 112.41
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.212(b), the Department will
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we calculated importer-specific (or customer) per unit
duty assessment rates based on the ratio of the total amount of the
dumping margins calculated for the examined sales to the total sales
quantity of those same sales.\8\ In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
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\8\ In these final results, the Department 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).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For Zhongce, the
cash deposit rate will be the margin listed above; (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (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 210.48 percent determined in the less-than-fair-value
investigation; and (4) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC exporter that supplied that non-PRC
exporter. These deposit requirements shall remain in effect until
further notice.
Notification to Importers
This notice also 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 duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or
[[Page 22515]]
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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding, in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Whether to Apply Facts Available to Zhongce's Labor Hours
Comment 2: Whether to Apply Facts Available to Zhongce's Factory
Overhead
Comment 3: Whether to Deduct VAT from Export Price
Comment 4: Selection of the Primary Surrogate Country
Comment 5: Selection of Surrogate Values for Certain Material Inputs
A. Carbon Black
B. Bead Wire
C. Nylon Tire Cord
D. Natural Rubber
E. Gap-filling with Data from Another Country
Comment 6: Selection of Surrogate Financial Statements
[FR Doc. 2013-08894 Filed 4-15-13; 8:45 am]
BILLING CODE 3510-DS-P