Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review |
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Paul Piquado
International Trade Administration
February 12, 2014
[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Notices]
[Pages 8436-8437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03069]
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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 Changed
Circumstances Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On December 27, 2013, the Department of Commerce (``the
Department'') published its Preliminary Results of a changed
circumstances review (``CCR'') of the antidumping duty order on certain
new pneumatic off-the road (``OTR'') tires from the People's Republic
of China (``PRC'').\1\ The Department preliminarily determined that
Zhongce Rubber Group Company Limited (``Zhongce'') is the successor-in-
interest to Hangzhou Zhongce Rubber Co., Ltd. (``Hangzhou'') and
invited parties to comment on the Preliminary Results. As no parties
submitted subsequent comment, the Department is making no changes to
the Preliminary Results.
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\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 78 FR 78814 (December
27, 2013) (``Preliminary Results'').
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DATES: Effective Date: February 12, 2014.
FOR FURTHER INFORMATION CONTACT: Andrew Medley, 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.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2008, the Department published in the Federal
Register an antidumping duty order on OTR tires from the PRC.\2\ In the
third administrative review of the Order, Hangzhou received its own
calculated rate of 112.41 percent.\3\
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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) (``Order'').
\3\ See 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, 78
FR 22513 (April 16, 2013).
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On November 5, 2013, Zhongce requested that the Department conduct
a changed circumstances review of the Order to confirm that Zhongce is
the successor-in-interest to Hangzhou.\4\ In its submission, Zhongce
explained that the only change was to the name of the company, and
provided evidence supporting its claim.\5\
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\4\ See Letter from Zhongce to the Department titled ``New
Pneumatic Off-The-Road Tires From the PRC: Request for Hangzhou
Zhongce Rubber Co., Ltd. for Changed Circumstances Review''
(November 5, 2013).
\5\ Id. at 2-3 and Attachments 1, 2, and 3.
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On December 27, 2013, we made a preliminary finding that Zhongce is
the successor-in-interest to Hangzhou and thus, should receive the same
antidumping duty treatment with respect to OTR tires from the PRC as
the former Hangzhou.\6\ We also stated that interested parties had 30
days in which to request a hearing and submit case briefs.\7\ No party
submitted case briefs. Thus, consistent with 19 CFR 351.216(e), we are
issuing this final determination within 45 days of our preliminary
finding.
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\6\ See Preliminary Results, 78 FR at 78815.
\7\ Id.
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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.\8\ 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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\8\ 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, 2013), and accompanying Issues and
Decision Memorandum at ``Scope.''
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Final Results of Changed Circumstances Review
Because no parties submitted comments opposing the Department's
Preliminary Results, and because there is no other information or
evidence on the record that calls into question the Preliminary
Results, the Department determines that Zhongce is the successor-in-
interest to Hangzhou for the purpose of determining antidumping duty
liability.
[[Page 8437]]
Instructions to U.S. Customs and Border Protection
The Department will instruct U.S. Customs and Border Protection to
suspend liquidation and collect a cash deposit rate of 112.41 percent
on all shipments of the subject merchandise exported by Zhongce and
entered, or withdrawn from warehouse, for consumption, on or after the
publication date of these results of changed circumstances review.\9\
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\9\ See, e.g., Stainless Steel Plate in Coils From Belgium:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 77 FR 21963 (April 12, 2012); see also Notice of Final
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp From Thailand, 75 FR 74684, 74685 (December
1, 2010).
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Notification
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
We are issuing and publishing these final results and notice in
accordance with sections 751(b) and 777(i) of the Tariff Act of 1930,
as amended, and 19 CFR 351.216 and 351.221(c)(3).
Dated: February 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-03069 Filed 2-11-14; 8:45 am]
BILLING CODE 3510-DS-P