Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 |
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Paul Piquado
Department of Commerce
20 April 2016
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23272-23274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09165]
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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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2015, the Department of Commerce
(``Department'') published the preliminary results of the
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,
2013, through August 31, 2014. Based on our analysis of the comments
received, we made certain changes in the margin calculations. The final
dumping margins for this review are listed in the ``Final Results''
section below.
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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
Administrative Review; 2013-2014, 80 FR 61166 (October 9, 2015)
(``Preliminary Results'').
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DATES: Effective Date: April 20, 2016.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Amanda Mallott, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4987 and (202) 482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
We conducted this administrative review in accordance with section
751 of the Tariff Act of 1930, as amended (``the Act''). These final
results of administrative review cover nine exporters of subject
merchandise.\2\ The Department finds that of these nine exporters, two
mandatory respondents, Qingdao Qihang Tyre Co., Ltd. (``Qihang'') and
Xuzhou Xugong Tyres Co., Ltd. (``Xugong''),\3\ made sales of subject
merchandise at less than normal value (``NV''), and, an additional four
companies, Qingdao Free Trade Zone Full-World International Trading
Co., Ltd. (``Full-World''), Trelleborg Wheel Systems (Xingtai) China,
Co. Ltd. (``TWS Xingtai'') and Weihai Zhongwei Rubber Co., Ltd.
(``Zhongwei''), and Tianjin Leviathan International Trade Co., Ltd.
(``Leviathan''), demonstrated eligibility for separate rates status.
Further, the Department determines that Zhongce Rubber Group Company
Limited (``Zhongce'') and Trelleborg Wheel Systems Hebei Co. (``TWS
Hebei'') had no shipments during the POR and Qingdao Haojia (Xinhai)
Tyre Co. (``Haojia'') failed to demonstrate eligibility for separate
rate status.
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\2\ We initiated a review of 12 companies. See Initiation of
Antidumping and Countervailing Duty Administrative Review, 79 FR
64565 (October 30, 2014) (``Initiation Notice''). Double Coin
Holdings Ltd. and its affiliate China Manufacturers Alliance
(collectively, ``Double Coin''), and Guizhou Tyre Co., Ltd. and its
affiliate Guizhou Tyre Import and Export Co., Ltd. (collectively,
``GTC''), timely withdrew their requests for review, and on February
24, 2015, the Department rescinded the review for Double Coin and
GTC pursuant to 19 CFR 351.213(d)(1). See Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Partial
Rescission of Antidumping Duty Administrative Review; 2013-2014, 80
FR 9695 (February 24, 2015).
\3\ In the Preliminary Results we determined, in accordance with
19 CFR 351.401(f), to treat affiliated producers Xugong, Xuzhou
Armour Rubber Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co.,
Ltd. (``Hanbang'') as a single entity (collectively, ``Xugong''). No
party has challenged this collapsing decision.
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On October 9, 2015, the Department published its Preliminary
Results of the antidumping duty administrative review of OTR tires from
the PRC and invited interested parties to comment on the preliminary
results. We received case and rebuttal briefs from Titan Tire
Corporation and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO-CLC (``Petitioners'') and both Qihang and
Xugong. We also received case briefs from TWS Xingtai. On March 17,
2016, the Department held a public hearing at the request of
respondents and Petitioners. For a further discussion of the events
that occurred in this investigation subsequent to the Preliminary
Results, see the Issues and Decision Memorandum.\4\ Also, as explained
in the memorandum from the Acting Assistant Secretary for Enforcement
and Compliance, the Department exercised its authority to toll all
administrative deadlines due to the recent closure of the Federal
Government.\5\ As a consequence, all deadlines in this segment of the
proceeding have been extended by four business days. The revised
deadline for the final results is now April 12, 2016. The Department
conducted this review in accordance with 751 of the Act.
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\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Issues and Decision Memorandum for Final Results of Antidumping
Duty Administrative Review: Certain New Pneumatic Off-the-Road Tires
from the People's Republic of China; 2013-2014,'' dated concurrently
with this notice (``Issues and Decision Memorandum'').
\5\ See Memorandum to the File from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Snowstorm Jonas'' dated
January 27, 2016.
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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. 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
[[Page 23273]]
only; the written product description of the scope of the order is
dispositive.\6\
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\6\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this 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 Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS''). ACCESS is available
to registered users at http://access.trade.gov and it is available to
all parties in the Central Records Unit, Room B8024 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/enforcement/. The signed Issues and Decision
Memorandum and electronic version of the Issues and Decision Memorandum
are identical in content.
Final Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
certification from Zhongce and TWS Hebei.\7\ Consistent with its
practice, the Department asked U.S. Customs and Border Protection
(``CBP'') to conduct a query on potential shipments made by Zhongce and
TWS Hebei during the POR; CBP did not provide any evidence
contradicting the no-shipment claims.\8\ No interested parties provided
comments. Thus, based on Zhongce's and TWS Hebei's certifications and
our analysis of CBP information, we determine that Zhongce and TWS
Hebei did not have any reviewable transactions during the POR.
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\7\ See Preliminary Results, 80 FR at 61167.
\8\ See CBP Message Number 5141301, dated May 21, 2015.
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Final Determination of Affiliation and Collapsing
We continue to find that Xugong, Armour, and Hanbang are affiliated
pursuant to section 771(33)(E) of the Act and should be collapsed
together and treated as a single company (collectively, ``Xugong''),
pursuant to the criteria laid out in 19 CFR 351.401(f)(1)-(2).\9\
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\9\ See Preliminary Results, 80 FR at 61167. No party commented
on this issue in their case briefs.
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Separate Rates
In the Preliminary Results, we determined that Xugong, Qihang,
Full-World, TWS Xingtai, Zhongwei, and Leviathan are eligible for
separate-rate status; we also determined that Haojia was not eligible
for a separate rate, and thus was part of the PRC-wide Entity.\10\ We
made no changes to these determinations for the final results.
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\10\ See Preliminary Results, 80 FR at 61167-61168, and
accompanying Preliminary Decision Memorandum at the ``Separate
Rates'' section. No parties commented on this issue in their case
briefs.
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Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
The statute and the Department's regulations do not address the
establishment of a rate to be applied to respondents not selected for
individual examination when the Department limits its examination of
companies subject to the administrative review pursuant to section
777A(c)(2)(B) of the Act. Generally, the Department looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for respondents not individually examined in an administrative
review. Section 735(c)(5)(A) of the Act articulates a preference for
not calculating an all-others rate using rates which are zero, de
minimis, or based entirely on facts available (``FA'').\11\
Accordingly, the Department's usual practice has been to determine the
dumping margin for companies not individually examined by averaging the
weighted-average dumping margins for the individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available.\12\ Consistent with this practice, in this
review, we have calculated weighted-average dumping margins for the two
mandatory respondents Qihang and Xugong, and these dumping margins are
above de minimis and are not based entirely on FA. Therefore, because
we have publicly-ranged shipment data on the record from both Qihang
and Xugong, we are assigning to Leviathan, Full-World, TWS Xingtai, and
Zhongwei the weighted-average of the margins calculated for Qihang and
Xugong, as the separate rate for this review.\13\
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\11\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\12\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
\13\ See Memorandum to the File, ``2013-2014 Administrative
Review of the Antidumping Duty Order on Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Final Results
Margin Calculation for Separate Rate Companies,'' dated concurrently
with this notice.
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Changes Since the Preliminary Results
Based on an analysis of the comments received, we made certain
calculation programming changes and revisions to the valuation of
certain factors of production. For further details on the changes we
made for these final results, see the Issues and Decision Memorandum.
See also Memorandum to the File, ``Final Results of the 2013-2014
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 concurrently with this notice;
Memorandum to the File, ``2013-2014 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 Qingdao Qihang Tyre Co., Ltd.,'' dated concurrently
with this notice; and Memorandum to the File, ``2013-2014
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 Xuzhou Xugong
Tyres Co., Ltd.,'' dated concurrently with this notice.
Final Results
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
September 1, 2013, through August 31, 2014:
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Weighted-
average
Exporter dumping
margin
(percent)
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Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., 65.33
or Xuzhou Hanbang Tyre Co., Ltd............................
Qingdao Qihang Tyre Co., Ltd................................ 79.86
Qingdao Free Trade Zone Full-World International Trading 70.55
Co., Ltd...................................................
Tianjin Leviathan International Trade Co., Ltd.............. 70.55
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd........... 70.55
[[Page 23274]]
Weihai Zhongwei Rubber Co., Ltd............................. 70.55
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Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1).\14\ The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
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\14\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(``NME Antidumping Proceedings'').
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For customers or importers of Xugong and Qihang for which we do not
have entered value, we calculated importer- (or customer-) specific
antidumping duty assessment amounts based on the ratio of the total
amount of dumping duties calculated for the examined sales of subject
merchandise to the total sales quantity of those same sales.\15\ For
customers or importers of Xugong and Qihang for which we received
entered-value information, we have calculated importer- (or customer-)
specific antidumping duty assessment rates based on importer- (or
customer-) specific ad valorem rates.\16\ For the non-examined separate
rate companies, we will instruct CBP to liquidate all appropriate
entries at 70.55 percent. For the PRC-wide entity, we will instruct CBP
to liquidate all appropriate entries at 105.31 percent.
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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
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Pursuant to a refinement in the Department's non-market economy
(``NME'') practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate.\17\ In addition, if the Department determines
that an exporter under review had no shipments of 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.
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\17\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 exporters 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 PRC and non-PRC 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 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 105.31 percent; 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(s) that supplied
that non-PRC 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.
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 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 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
Summary
Background
Scope of the Order
List of Comments
Discussion of the Issues
Comment 1: Whether Application of Adverse Facts Available Is
Warranted With Regards to Certain Xugong Sales
Comment 2: Whether To Grant Qihang a Double Remedies Adjustment and
What Pass-Through Rate to Use
Comment 3: Whether To Adjust Xugong's U.S. Prices for Irrecoverable
VAT
Comment 4: Treatment of Xugong's Market Economy Purchases
Comment 5: Whether the Department Should Apply the Separate Rate
Calculated in This Review to TWS Xingtai
Comment 6: Whether the Department Should Reject Certain Surrogate
Values Submitted After the Preliminary Results
Comment 7: Surrogate Country
Comment 8: Financial Statements
Comment 9: Natural Rubber
Comment 10: Reclaimed Rubber
Comment 11: Inland Freight
Comment 12: Selection Surrogate Value for Carbon Black
Comment 13: Inadvertent Errors in Surrogate Value Selection
Comment 14: Selection of the Surrogate Values for #3 and #20
Compound Rubber, Activation Rubber Powder, Benzonic Acid, and Tire
Cord Fabric
Recommendation
[FR Doc. 2016-09165 Filed 4-19-16; 8:45 am]
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