[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33341-33342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13215]
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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 New Shipper
Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 4, 2013.
SUMMARY: On March 5, 2013, the Department of Commerce (``Department'')
published the preliminary results of an antidumping duty new shipper
review of certain new pneumatic off-the-road tires (``OTR tires'') from
the People's Republic of China (``PRC'').\1\ We invited interested
parties to comment on our preliminary results. Based on our analysis of
the comments we received, we have made changes to our margin
calculations for the new shipper, Trelleborg Wheel Systems (Xingtai)
China, Co. Ltd. (``Trelleborg Wheel Systems China''). We continue to
find that Trelleborg Wheel Systems China did not make a sale of subject
merchandise at less than normal value.
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\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
New Shipper Review; 2011-2012, 78 FR 14267 (March 5, 2013)
(``Preliminary Results'').
FOR FURTHER INFORMATION CONTACT: Raquel Silva 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-
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6475 or (202) 482-0414, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The Department published the Preliminary Results on March 5,
2013.\2\ On March 14, 2013, the Department issued a supplemental
questionnaire, in which we requested further information from
Trelleborg Wheel Systems China.\3\ On March 22, 2013, Trelleborg Wheel
Systems China submitted its response.\4\
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\2\ Also adopted as part of the Preliminary Results was the
Memorandum to Paul Piquado entitled ``Decision Memorandum for
Preliminary Results of Antidumping Duty New Shipper Review
Pertaining to Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.:
Certain New Pneumatic Off-the-Road Tires from the People's Republic
of China,'' dated February 26, 2013 (``Preliminary Decision
Memorandum'').
\3\ See Letter from the Department entitled ``Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
New Shipper Review Post-Preliminary Results Supplemental
Questionnaire,'' dated March 14, 2013.
\4\ See Letter from Trelleborg Wheel Systems China entitled
``Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.'s Third Sales
Supplemental Questionnaire Response for the New Shipper Review of
New Pneumatic Off-The-Road Tires from the People's Republic of
China,'' dated March 22, 2013.
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On March 14, 2013, Trelleborg Wheel Systems China submitted
surrogate value (``SV'') information,\5\ and on March 25, 2013, Titan
Tire Corporation (``Petitioner'') submitted its SV information.\6\ On
April 4, 2013, Petitioner submitted a case brief,\7\ and on April 9,
2013, Trelleborg Wheel Systems China submitted a rebuttal brief.\8\
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\5\ See Letter from Trelleborg Wheel Systems China entitled
``Re-Submission of 2011 Goodyear Indonesia Financial Statements for
Possible Use as Surrogate Value: New Pneumatic Off-The-Road Tires
from the People's Republic of China,'' dated March 14, 2013.
\6\ See Letter from Petitioner entitled ``New Pneumatic Off-The
Road Tires from the People's Republic of China (New Shipper Review):
Petitioner's 20-Day SV Submission,'' dated March 25, 2013.
\7\ See Letter from Petitioner entitled ``Case Brief of Titan
Tire Corporation, Petitioner,'' dated April 4, 2013.
\8\ See Letter from Trelleborg Wheel Systems China entitled
``Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.'s Second
Supplemental Section D Questionnaire Response for the New Shipper
Review of New Pneumatic Off-The-Road Tires from the People's
Republic of China,'' dated April 9, 2013.
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Period of Review
The period of review (``POR'') is September 1, 2011, through
February 29, 2012. This POR corresponds to the six-month period
immediately preceding the semiannual anniversary month pursuant to
section 751(a)(2)(B)(ii) of the Tariff Act of 1930, as amended (``the
Act''), and 19 CFR 351.214(g)(1)(i)(B).
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.\9\ 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.\10\
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\9\ For a complete description of the Scope of the Order, see
Memorandum to Ronald K. Lorentzen entitled ``Issues and Decision
Memorandum for the Final Results in the Antidumping Duty New Shipper
Review of Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China,'' dated May 28, 2013 (``Issues and Decision
Memorandum'').
\10\ 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 by parties to
this review are addressed in the Issues and Decision Memorandum, which
is hereby adopted by this notice. A list of the issues which parties
raised and to which we respond in the Issues and Decision Memorandum is
attached to this notice as an Appendix. 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
to registered users at http://iaaccess.trade.gov and in the Central
Records Unit (CRU), 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 signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we have made the
following revisions to the margin calculations for Trelleborg Wheel
Systems China: \11\
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\11\ For detailed information concerning all of the changes
made, including those listed above, see Memorandum from the
Department entitled ``New Shipper Review of 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 Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. (``TWS
China''),'' dated concurrently with this memorandum (``Final Results
Analysis Memo''), and Memorandum from the Department entitled ``New
Shipper Review of 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 memorandum (``Final
Results Surrogate Value Memo'').
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[[Page 33342]]
Revised the indirect selling expense ratio to include
additional indirect selling expenses not substantiated to be unrelated
to the sale of subject merchandise.\12\
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\12\ See Issues and Decision Memorandum at Comment 3; see also
Final Results Analysis Memo at 2-3.
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Eliminated the facts available plugs used to calculate
ocean freight expense for Trelleborg Wheel Systems China's raw
materials purchased in market economies, and replaced them with the
market-economy purchase prices inclusive of ocean freight, which were
submitted by Trelleborg Wheel Systems China after the Preliminary
Results. However, we note that due to a miscalculation in the prices
submitted, the Department corrected these values for the final
results.\13\
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\13\ See Final Results Analysis Memo at 2-3.
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Adjusted the domestic inland truck freight distances for
market economy purchases, per information Trelleborg Wheel Systems
China submitted after the Preliminary Results.\14\
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\14\ See id.
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Final Results Margin
The Department finds that the following weighted-average dumping
margin exists:
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Weighted-
average
Exporter dumping
margin
(percent)
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Trelleborg Wheel Systems (Xingtai) China, Co. Ltd........... 0.0
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Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Assessment
Upon issuance of the final results, 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. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. The Department recently announced a refinement to
its assessment practice in NME cases.\15\ Pursuant to this refinement
in practice, for entries that were not reported in the U.S. sales
databases submitted by the company individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the Department determines that the
exporter under review had no shipments of the 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 NME-wide rate.\16\
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\16\ See id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for all
shipments of the subject merchandise from Trelleborg Wheel Systems
China 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 subject merchandise produced and exported by Trelleborg
Wheel Systems China, the cash deposit rate will be 0.00 percent; (2)
for subject merchandise exported by Trelleborg Wheel Systems China but
not manufactured by Trelleborg Wheel Systems China, the cash deposit
rate will be the PRC-wide rate of 210.48 percent ; and (3) for subject
merchandise manufactured by Trelleborg Wheel Systems China, but
exported by any other party, the cash deposit rate will be the rate
applicable to the exporter. These cash deposit requirements, when
imposed, 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 Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of BPI disclosed under APO in accordance
with 19 CFR 351.305. Timely notification of return or 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 sanctionable violation.
This determination is issued and published in accordance with
sections 751(a)(2)(B) and 777(i) of the Act.
Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix--Issues for Final Results
Issue 1: Whether to Rescind the Review for non- Bona Fide sale
Issue 2: Whether to change the surrogate country from Indonesia to
Thailand
Issue 3: Whether to revise the indirect selling expense ratio
Issue 4: Whether to continue to deny scrap tire and steel wire
offsets
[FR Doc. 2013-13215 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P