Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015 |
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Ronald K. Lorentzen
Department of Commerce
21 April 2017
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18733-18736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08011]
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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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce (Commerce).
SUMMARY: On October 14, 2016, the Department of Commerce
(``Department'') published the preliminary results of the seventh
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'') and provided to interested parties an opportunity to
comment on these preliminary results. Based on our analysis of the
comments received, we made certain changes in the margin calculation
regarding one mandatory respondent, Xuzhou Xugong Tyres Co., Ltd.
(``Xugong''). We also continue to find that the other mandatory
respondent, Guizhou Tyre Co., Ltd. (``GTC''), is not eligible for
separate rate status and, thus, is part of the PRC-wide entity. The
final dumping margins for this review are listed in the ``Final
Results'' section of this notice, below.
DATES: Effective April 21, 2017.
FOR FURTHER INFORMATION CONTACT: Amanda Mallott or Keith Haynes, 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) 482-6430 and (202) 482-5139,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 14, 2016, the Department published its Preliminary
Results of the antidumping duty administrative review of OTR tires from
the PRC.\1\ In accordance with 19 CFR 351.309, we invited interested
parties to comment on the preliminary results. On December 22, 2016, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (``the Act''), the Department extended the period for issuing
the final results of this review by sixty-days, to April 12, 2017.\2\
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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; 2014-2015, 81 FR 71068 (October 14, 2016)
(``Preliminary Results'') and accompanying ``Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review:
Certain New Pneumatic Off-the-Road Tires from the People's Republic
of China; 2014-2015,'' dated October 5, 2016 (``PDM'').
\2\ See Memorandum to Christian Marsh titled, Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2014-2015, dated December 22, 2016.
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We received case 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''), the mandatory respondents Xuzhou Xugong Tyres Co.,
Ltd. (``Xugong'') \3\ and Guizhou Tyre Co.,
[[Page 18734]]
Ltd. (``GTC''),\4\ and separate rate applicants Aeolus Tyre Co., Ltd.
(``Aeolus'') and Qingdao Free Trade Zone Full-World International
Trading Co., Ltd. (``Qingdao FTZ''). We received rebuttal briefs from
Petitioners, Xugong, GTC, and separate rate applicants Zhongce Rubber
Group Company Limited (``Zhongce'') and Qingdao Jinhaoyang
International Co., Ltd. (``Jinhaoyang''). On February 15, 2017, the
Department held a public hearing at the request of interested parties.
For a further discussion of the events that occurred in this
investigation subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\5\
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\3\ The Department previously collapsed Xugong and its
affiliates Xuzhou Armour Rubber Company Ltd. (``Armour'') and Xuzhou
Hanbang Tyre Co., Ltd. (``Hanbang'') into a single entity; 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, 61167 (October 9, 2015), unchanged
in Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2013-2014, 81 FR 23272 (April 20, 2016). This decision is
unchallenged in the instant review; thus, the Department continues
to treat Xugong, Armour, and Hanbang as a single entity
(collectively, ``Xugong'').
\4\ In the initial investigation, the Department collapsed GTC
and Guizhou Tyre Import and Export Corporation (``GTCIE'') into a
single entity, see Certain New Pneumatic Off-The-Road Tires From the
People's Republic of China; Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 73 FR
9278, 9283 (February 20, 2008), unchanged in Certain New Pneumatic
Off-The-Road Tires from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical Circumstances, 73 FR
40485 (July 15, 2008). This decision is unchallenged in the instant
review; thus, the Department continues to treat GTC and GTCIE as a
single entity (collectively, ``GTC'').
\5\ See Memorandum to Ronald K. Lorentzen, Acting 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; 2014-2015,'' adopted by and dated concurrently
with this notice (``Issues and Decision Memorandum'').
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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 only; the written product
description of the scope of the order is dispositive. For a complete
description of the scope of the order, see the Issues and Decision
Memorandum.
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 is attached as Appendix I 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://enforcement.trade.gov/frn/index.html. 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 Trelleborg Wheel Systems Hebei Co. (``TWS
Hebei'').\6\ Consistent with its practice, the Department asked U.S.
Customs and Border Protection (``CBP'') to conduct a query on potential
shipments made by TWS Hebei during the POR. CBP did not provide any
evidence contradicting TWS Hebei's no-shipment claim.\7\ No interested
party provided comments on this issue. Thus, based on TWS Hebei's
certification and our analysis of information received from CBP, we
determine that TWS Hebei did not have any reviewable transactions
during the POR.
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\6\ See Preliminary Results, 81 FR at 71068.
\7\ See CBP Message Number 6207309, dated July 25, 2016.
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Separate Rates
In the Preliminary Results, we determined that Shiyan Desizheng
Industry & Trade Co., Ltd. (``Desizheng''), Sailun Jinyu Group Co.,
Ltd. (``Sailun''), Weifang Jintongda Tyre Co., Ltd. (``Jintongda''),
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. (``TWS Xingtai''),
Weihai Zhongwei Rubber Co., Ltd. (``Zhongwei''), Zhongce, Qingdao
Qihang Tyre Co. (``Qihang''), Jinhaoyang, and Qingdao FTZ are eligible
for separate-rate status. We also preliminarily determined that Aeolus,
Tianjin Leviathan International Trade Co., Ltd. (``Leviathan''), and
GTC were not eligible for a separate rate, and are thus part of the
PRC-wide entity.\8\ We made no changes to these determinations for the
final results. For further discussion, see Issues and Decision
Memorandum at Comment 1.
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\8\ See Preliminary Results, 81 FR at 71069-70, and accompanying
PDM at the ``Separate Rates'' section.
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Rate for Non-Individually-Examined Separate Rate Companies
The statute and the Department's regulations do not address the
establishment of a rate to be assigned 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.\9\ 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.\10\ In this review, we have calculated a weighted-average
dumping margin for Xugong that is above de minimis and not based
entirely on facts available. Therefore, consistent with the
Department's practice, we have assigned to Desizheng, Jinhaoyang,
Jintongda, Sailun, Qingdao FTZ, Qihang, TWS Xingtai, Zhongwei, and
Zhongce the weighted-average dumping margin calculated for Xugong as
the separate rate for this review.
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\9\ 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.
\10\ 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).
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Changes Since the Preliminary Results
Based on an analysis of the comments received, we made certain
calculation changes and revisions to the valuation of certain factors
of production since the Preliminary Results with respect to Xugong's
margin calculation, and have updated Xugong's margin accordingly. For
further details on the changes made
[[Page 18735]]
since the Preliminary Results, see the Issues and Decision
Memorandum.\11\
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\11\ See also Memorandum to the File, ``Final Results of the
2014-2015 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; and Memorandum to the File, ``2014-2015 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.
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In light of changes made since the Preliminary Results which
altered Xugong's margin, we have updated the separate rate that was
preliminarily assigned to Desizheng, Jinhaoyang, Jintongda, Sailun,
Qingdao FTZ, Qihang, TWS Xingtai, Zhongwei, and Zhongce to reflect
Xugong's margin for the final results.
Final Results
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
September 1, 2014, through August 31, 2015:
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Weighted-average
Exporter dumping margin
(percent)
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Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company 33.08
Ltd., or Xuzhou Hanbang Tyre Co., Ltd...............
Shiyan Desizheng Industry & Trade Co., Ltd........... 33.08
Qingdao Jinhaoyang International Co., Ltd............ 33.08
Sailun Jinyu Group Co., Ltd.......................... 33.08
Weifang Jintongda Tyre Co., Ltd...................... 33.08
Zhongce Rubber Group Company Limited................. 33.08
Weihai Zhongwei Rubber Co., Ltd...................... 33.08
Qingdao Qihang Tyre Co............................... 33.08
Qingdao Free Trade Zone Full-World International 33.08
Trading Co., Ltd....................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.... 33.08
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Additionally, as in the Preliminary Results, the Department
determines that Guizhou Tyre Co., Ltd. and Guizhou Tyre Import and
Export Corporation, Aeolus Tyre Co., Ltd., and Tianjin Leviathan
International Trade Co., Ltd., are part of the PRC-wide entity.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice to parties in this proceeding, in accordance with 19 CFR
351.224(b).
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).\12\ The
Department intends to issue assessment instructions directly to CBP 15
days after the date of publication of these final results of
administrative review.
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\12\ 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 Xugong, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). For
customers or importers of Xugong for which we do not have entered
values, 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.\13\ For customers or
importers of Xugong 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.\14\ Where an importer- or (customer-) specific ad valorem rate
is greater than de minimis, the Department will instruct CBP to collect
the appropriate duties at the time of liquidation.\15\ For the non-
examined separate rate companies, we will instruct CBP to liquidate all
appropriate entries at 33.08 percent. For those entities that are
subject to this review that the Department has determined are part of
the PRC-wide entity (i.e., GTC and GTCIE, Aeolus Tyre Co., Ltd., and
Tianjin Leviathan International Trade Co., Ltd.), we will instruct CBP
to liquidate all appropriate entries at the PRC-wide rate of 105.31
percent.\16\ 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 PRC-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
PRC-wide rate.
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See 19 CFR 351.212(b)(1).
\16\ The PRC-wide rate was determined in Certain New Pneumatic
Off-the-Road Tires From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR
20197 (April 15, 2015).
\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
[[Page 18736]]
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.
Administrative Protective Order
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.
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 12, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. List of Comments
VI. Discussion of the Issues
Comment 1: Separate Rates
A. Whether to Grant Aeolus a Separate Rate
B. Whether to Grant GTC a Separate Rate
C. Whether to Grant Jinhaoyang a Separate Rate
D. Whether to Grant Zhongce a Separate Rate
Comment 2: Calculation of the Cost of Tube and Flap Inputs for
Xugong
Comment 3: Surrogate Value for Smoked Sheet Natural Rubber
Comment 4: Surrogate Value for Inland Truck Freight
Comment 5: Surrogate Value for Carbon Black
Comment 6: Surrogate Value for Tire Valves
Comment 7: Warehousing Expense Calculation for Xugong
Comment 8: Whether to Adjust Xugong's U.S. Prices for
Irrecoverable Value Added Tax
Comment 9: Additional Comments Raised by GTC
VII. Recommendation
[FR Doc. 2017-08011 Filed 4-20-17; 8:45 am]
BILLING CODE 3510-DS-P