New Pneumatic Off-The-Road Tires From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016

Christian Marsh
Department of Commerce
3 November 2016

[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76560-76561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


New Pneumatic Off-The-Road Tires From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

DATES: Effective November 3, 2016.

SUMMARY: On September 20, 2016, the Department of Commerce (``the 
Department'') received a timely request for a new shipper review 
(``NSR'') of the antidumping duty (``AD'') order on new pneumatic off-
the-road tires (``OTR Tires'') from the People's Republic of China 
(``PRC''). The Department has determined that the request meets the 
statutory and regulatory requirements for initiation. The period of 
review (``POR'') for this NSR is September 1, 2015, through August 31, 
2016.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: 202-482-7814.

SUPPLEMENTARY INFORMATION: 

Background

    The AD order on OTR Tires from the PRC was published in the Federal 
Register on September 4, 2008.\1\ On September 20, 2016, pursuant to 
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the 
Act''), and 19 CFR 351.214(b), the Department received a NSR request 
from The Carlstar Group LLC (``Carlstar Group''), Carlisle (Meizhou) 
Rubber Manufacturing Co., Ltd. (``Carlisle Meizhou''), and CTP 
Distribution (HK) Limited (``CTP'') (collectively, ``Carlstar 
Companies'').\2\ Carlstar Companies certified that CTP is the exporter 
of the subject merchandise upon which the request is based and that its 
affiliate, Carlisle Meizhou, is the producer of the subject 
merchandise.\3\
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    \1\ See New Pneumatic Off-The-Road Tires from the People's 
Republic of China: Antidumping Duty Order, 73 FR 51624 (September 4, 
2008) (``Order'').
    \2\ See Letter from Carlstar Companies, ``Entry of Appearance 
and Request for New Shipper Review: New Pneumatic Off-The-Road Tires 
from the People's Republic of China,'' dated September 20, 2016 
(``NSR Request'').
    \3\ Id., at 1 and Exhibit 1.
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Carlstar Companies certified that it did not export 
subject merchandise to the United States during the period of 
investigation (``POI'').\4\ Further, Carlstar Companies certified that 
it is the producer of the subject merchandise upon which the request is 
based.\5\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Carlstar Companies certified 
that, since the initiation of the investigation, it has never been 
affiliated with any PRC exporter or producer who exported subject 
merchandise to the United States during the POI, including those 
respondents not individually examined during the investigation.\6\ As 
required by 19 CFR 351.214(b)(2)(iii)(B), Carlstar Companies also 
certified that its export activities were not controlled by the 
government of the PRC.\7\
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    \4\ Id., at 3.
    \5\ Id.
    \6\ Id.
    \7\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Carlstar Companies submitted documentation 
establishing the following: (1) The date on which it first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; \8\ and (3) the date of its first sale to an 
unaffiliated customer in the United States.\9\
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    \8\ Id., at 4, where the Carlstar Companies stated that it had 
no subsequent shipments.
    \9\ Id., at Exhibits 2-6.
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    Finally, the Department conducted a U.S. Customs and Border 
Protection (``CBP'') database query and confirmed the price, quantity, 
date of sale, and date of entry of Carlstar Companies' sales, as well 
as that the shipment reported by Carlstar had entered the United States 
for consumption and that liquidation had been properly suspended for 
antidumping duties.\10\ However, the Department has concerns with 
certain information contained in the CBP entry data, and intends to 
address these, and any remaining issues, after initiation of this NSR. 
The continuation of the new shipper review will be contingent upon 
confirmation of the information reported in the review request.
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    \10\ See Memorandum to the File from Alex Rosen, Analyst ``U.S. 
Customs and Border Protection Import Data,'' dated October 19, 2016.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR is September 1, 2015, through August 31, 2016.\11\ 
Based on the information provided by Carlstar Companies, the subject 
merchandise upon which Carlstar Companies' NSR request is based entered 
the United States during this twelve-month POR.\12\
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    \11\ See 19 CFR 351.214(g)(1)(ii)(B).
    \12\ See NSR Request at 3.
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
19 CFR 351.214(d)(1), and based on the evidence provided by Carlstar 
Companies, we find that its request meets the threshold requirements 
for initiation of the NSR for shipments of OTR Tires from the PRC 
produced by Carlisle Meizhou and exported by CTP.\13\ If the 
information supplied by Carlstar Companies is found to be incorrect or 
insufficient during the course of this proceeding, the Department may 
rescind the review for Carlstar Companies or apply facts available 
pursuant to section 776 of the Act, depending on the facts on record.
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    \13\ See Memorandum to the File, from Alex Rosen, Analyst, 
``Initiation of Antidumping Duty New Shipper Review: New Pneumatic 
Off-The-Road Tires from the People's Republic of China New Shipper 
Initiation Checklist,'' dated concurrently with this notice.
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    Absent a determination that the new shipper review is 
extraordinarily complicated, the Department intends to issue the 
preliminary results of this NSR within 180 days from the date of 
initiation and the final results within 90 days after the date on which 
the preliminary results are issued.\14\
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    \14\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
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    It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
NME entity-wide rate provide evidence of de jure and de facto absence 
of government control over the company's export activities.\15\ 
Accordingly, we will issue questionnaires to Carlstar Companies that 
will include a section requesting information concerning CTP's 
eligibility for a separate rate. The NSR will proceed if the responses 
provide

[[Page 76561]]

sufficient indication that CTP is not subject to either de jure or de 
facto government control with respect to its exports of subject 
merchandise.
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    \15\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
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    On February 24, 2016, the President signed into law the Trade 
Facilitation and Trade Enforcement Act of 2015, H.R. 644, which made 
several amendments to section 751(a)(2)(B) of the Act. We will conduct 
this NSR in accordance with section 751(a)(2)(B) of the Act, as amended 
by the Trade Facilitation and Trade Enforcement Act of 2015.\16\
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    \16\ Notably, the Trade Facilitation and Trade Enforcement Act 
of 2015 removed from section 751(a)(2)(B) of the Act the provision 
directing the Department to instruct CBP to allow an importer the 
option of posting a bond or security in lieu of a cash deposit 
during the pendency of an NSR.
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    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-26587 Filed 11-2-16; 8:45 am]
 BILLING CODE 3510-DS-P