Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Initiation of Changed Circumstances Review |
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Christian Marsh
Department of Commerce
October 30, 2013
[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64913-64914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25821]
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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: Initiation of Changed Circumstances Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on certain new pneumatic off-the-
road tires (``OTR tires'') from the People's Republic of China
(``PRC''). Specifically, based upon a request filed by Shandong
Linglong Tyre Co., Ltd. (``Shandong Linglong''), an exporter to the
United States of subject merchandise, the Department is initiating a
changed circumstances review to determine whether Shandong Linglong is
the successor-in-interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo
Rubber''), a separate-rate respondent in the original investigation.
DATES: Effective: October 30, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Eugene Degnan, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: 202-482-4987 or 202-482-0414,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2008, the Department published in the Federal
Register an antidumping duty order on OTR tires from the PRC.\1\ Under
the Order, Leo Rubber received the separate-rate respondent amended
rate of 12.91 percent.\2\
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\1\ 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) (``Order'').
\2\ On August 30, 2012, the Department published in the Federal
Register a final determination, under section 129 of the Uruguay
Round Agreements Act (``URAA''), regarding the antidumping duty
investigation on OTR Tires from the PRC. See Implementation of
Determinations Under Section 129 of the Uruguay Round Agreements
Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded
Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled
Rectangular Pipe and Tube From the People's Republic of China, 77 FR
52683 (August 30, 2012). As part the Department's final
determination under section 129 of the URAA, Leo Rubber was assigned
a revised cash deposit rate of 12.83 percent. Id., 77 FR at 51627.
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On August 26, 2013, Shandong Linglong filed a submission requesting
that the Department conduct a changed circumstances review of the Order
to confirm that Shandong Linglong is the successor-in-interest to Leo
Rubber. In its submission, Shandong Linglong provided a board of
directors resolution authorizing the change of company name; a notice
from the Yantai City Administration for Industry and Commerce approving
the name change from Leo Rubber to Shandong Linglong; business licenses
for Leo Rubber and Shandong Linglong, before and after the name change,
respectively; legal structure charts and company management before and
after the name change; and a list of suppliers before and after the
name change.\3\
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\3\ See Letter from Shandong Linglong to the Department
regarding New Pneumatic Off-The-Road Tires from the People's
Republic of China: Request for Changed Circumstances Review (August
26, 2013).
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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.\4\ 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.
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\4\ For a complete description of the Scope of the Order, see
Certain New Pneumatic Off-the-Road Tires From the People's Republic
of China: Final Results of Antidumping Duty New Shipper Review;
2011-2012, 78 FR 33341 (June 4, 4013), and accompanying Issues and
Decision Memorandum at ``Scope''.
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Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``the Act''), the Department will conduct a changed circumstances
review upon receipt of information concerning, or a request from, an
interested party for a review of an antidumping duty order which shows
changed circumstances sufficient to warrant a review of the order. In
the event that the Department determines that expedited action is
warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine
the notices of initiation and preliminary results.
In accordance with 19 CFR 351.216(d), the Department has determined
that the information submitted by Shandong Linglong constitutes
sufficient evidence to conduct a changed circumstances review. In an
antidumping duty changed circumstances review involving a successor-in-
interest determination, the Department typically examines several
factors including, but not limited to, changes in: (1) Management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\5\ While no single factor or combination of factors will
necessarily be dispositive, the Department generally will consider the
new company to be the successor to the predecessor if the resulting
operations are essentially the same as those of the predecessor
company.\6\ Thus, if the record demonstrates that, with respect to the
production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company, the
Department may assign the new company the cash deposit rate of its
predecessor.\7\
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\5\ See, e.g., Certain Activated Carbon From the People's
Republic of China: Notice of Initiation of Changed Circumstances
Review, 74 FR 19934, 19935 (April 30, 2009).
\6\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327 (January 4, 2006).
\7\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway;
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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Based on the information provided in its submission, Shandong
Linglong has provided sufficient evidence to warrant a review to
determine if it is the successor-in-interest to Leo Rubber. Therefore,
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we
[[Page 64914]]
are initiating a changed circumstances review.\8\ However, the
Department finds its necessary to issue a questionnaire requesting
additional information for the review as provided for by 19 CFR
351.221(b)(2). For that reason, the Department is not conducting this
review on an expedited basis by publishing preliminary results in
conjunction with this notice of initiation. The Department will publish
in the Federal Register a notice of the preliminary results of the
antidumping duty changed circumstances review, in accordance with 19
CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set
forth the factual and legal conclusions upon which our preliminary
results are based and a description of any action proposed. Pursuant to
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity
to comment on the preliminary results of review. In accordance with 19
CFR 351.216(e), the Department will issue the final results of its
antidumping duty changed circumstances review not later than 270 days
after the date on which the review is initiated, or not later than 45
days if all parties to the proceeding agree to the outcome of the
review.
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\8\ As explained in the memorandum from the Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll deadlines for the duration of the closure of the
Federal Government from October 1, through October 16, 2013. See
Memorandum for the Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (October 18, 2013). Therefore, the deadline
for the initiation of this changed circumstances review has been
extended by 16 days; the revised deadline is now October 28, 2013.
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This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: October 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-25821 Filed 10-29-13; 8:45 am]
BILLING CODE 3510-DS-P