Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2015-2016 |
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Gary Taverman
Department of Commerce
17 April 2018
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16829-16832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07991]
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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 and New Shipper Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Weihai
Zhongwei Rubber Co., Ltd., a manufacturer/exporter of certain new
pneumatic off-the-road tires (OTR tires) from the People's Republic of
China (China), sold subject merchandise in the United States at prices
below normal value during the period of review (POR). Additionally, we
determine that Guizhou Tyre Co., Ltd. and its affiliate are ineligible
for separate rate status. Finally, the new shipper review with respect
to The Carlstar Group LLC, the producer Carlisle (Meizhou) Rubber
Manufacturing Co., Ltd., and its affiliated exporter CTP HK has been
rescinded.
DATES: Applicable: April 17, 2018.
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
On October 10, 2017, Commerce published its Preliminary Results of
the antidumping duty administrative review (AR) and new shipper review
(NSR).\1\ On December 11, 2017, in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act), Commerce extended the
period for issuing the final results of this review by 60 days, to
April 9, 2018.\2\ On January 23, 2018, Commerce exercised its
discretion to toll all deadlines affected by for the duration of the
closure of the Federal Government from January 20 through 22, 2018. As
a result, the period for issuing the final results of this review by
Commerce has been extended to April 11, 2018.\3\
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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 and Preliminary Rescission of New Shipper
Review; 2015-2016, 82 FR 46965 (October 10, 2017) (Preliminary
Results) and accompanying ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review and
Preliminary Recession of New Shipper Review: Certain New Pneumatic
Off-the-Road Tires from the People's Republic of China; 2015-2016,''
dated October 2, 2017 (Preliminary Decision Memorandum).
\2\ See memorandum, ``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 and New Shipper
Review; 2015-2016,'' dated December 11, 2017.
\3\ See memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government'' (Tolling Memorandum), dated January 23, 2018.
All deadlines in this segment of the proceeding have been extended
by 3 days.
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In accordance with 19 CFR 351.309, we invited interested parties to
comment on the Preliminary Results, as well as information provided to
the record subsequently. We received case briefs from The United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO-CLC (the petitioners),
the mandatory AR respondents Weihai Zhongwei Rubber Co., Ltd.
(Zhongwei) and GTC,\4\ interested party Valmont Industries Inc., and
NSR respondent Carlstar.\5\ We received rebuttal briefs from the
petitioners, Zhongwei, and Carlstar. For a further discussion of the
events that occurred in this investigation subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\6\
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\4\ In the initial investigation, Commerce collapsed Guizhou
Tyre Co., Ltd. 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, Commerce continues to
treat GTC and GTCIE as a single entity (collectively, GTC).
\5\ The NSR was requested by Carlstar Group LLC (formerly dba
CTP Transportation Products) (Carlstar Group), a U.S. producer,
importer and seller of subject merchandise; concerning merchandise
produced by Carlisle (Meizhou) Rubber Manufacturing Co., Ltd.
(Carlisle Meizhou), its affiliated producer of OTR tires from China,
and exported by CTP Distribution (HK) Limited (CTP HK), an
affiliated trading company located in Hong Kong (collectively,
Carlstar).
\6\ See memorandum, ``Issues and Decision Memorandum for Final
Results of Antidumping Duty Administrative Review and New Shipper
Review: Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China; 2015-2016,'' 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
[[Page 16830]]
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 in
the 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://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.
Recession of the New Shipper Review
In accordance with 19 CFR 351.214(c), an exporter or producer may
request an NSR within one year of the date on which subject merchandise
was first entered, or withdrawn from warehouse, for consumption, or, if
the exporter or producer cannot establish the date of the first entry,
then the date on which it first shipped the merchandise for export to
the United States.
As discussed in the Issues and Decision Memorandum and NSR
Rescission Memorandum, Commerce finds that Carlstar's request for a new
shipper review was not timely filed within one year of the date the
subject merchandise produced and exported by Carlstar's predecessor was
first entered into the United States, pursuant to 19 CFR 351.214(c).\7\
As a result, we determine that Carlstar's request did not meet the
requirements of 19 CFR 351.214(c), and are rescinding the new shipper
review for Carlstar. Because much of the factual information used in
our analysis involves business proprietary information, a full
discussion of the basis for our determination is set forth in the NSR
Rescission Memorandum.
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\7\ See memorandum, ``New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Analysis of Comments Regarding the
Determination to Rescind the New Shipper Review,'' dated
concurrently with this memorandum (NSR Final Rescission Memorandum).
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Separate Rates
In the Preliminary Results, we determined that Zhongwei, as well as
two separate rate applicants, Qingdao Qihang Tyre Co. Ltd. (Qihang) and
Shandong Zhentai Group Co., Ltd. (Zhentai), were eligible for separate-
rate status. We also preliminarily determined that GTC, as well as
separate rate applicant Cheng Shin Rubber Industry Ltd. (Cheng Shin),
and non-responsive respondent Qingdao Milestone Tyres Co. Ltd.
(Milestone), were not eligible for a separate rate, and are, thus, part
of the China-wide entity.\8\ We received no information since the
issuance of the Preliminary Results that provides a basis for
reconsidering these determinations, therefore, for the final results we
continue to find that Zhongwei, Qihang, and Zhentai are eligible for
separate rates and that GTC, Cheng Shin, and Milestone are ineligible
for separate rates. Additionally, as a result of Commerce's rescission
of the new shipper review with respect to Carlstar, and because
Carlstar did not submit a separate rate application in the
administrative review, it has not been granted a separate rate. For
further discussion, see Issues and Decision Memorandum at Comments 1
and 2.
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\8\ See Preliminary Results, 82 FR at 46966, and accompanying
PDM at the ``Separate Rate Analysis'' section.
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Rate for Non-Individually-Examined Separate Rate Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be assigned to respondents not selected for
individual examination when Commerce limits its examination of
companies subject to the administrative review pursuant to section
777A(c)(2)(B) of the Act. Generally, Commerce 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,
Commerce'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 Zhongwei that is above de minimis and not based
entirely on facts available. Therefore, consistent with Commerce's
practice, we have assigned to Qihang and Zhentai the weighted-average
dumping margin calculated for Zhongwei 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 Zhongwei's
margin calculation. For further details on the changes made since the
Preliminary Results, see the Issues and Decision Memorandum.\11\
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\11\ See also, memorandum, ``Final Results of the 2015-2016
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, ``2015-2016 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 Weihai Zhongwei Rubber Co., Ltd.,'' dated
concurrently with this notice.
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In light of changes made since the Preliminary Results which
altered Zhongwei's margin, we have updated the separate rate that
assigned to Qihang and Zhentai.
Final Results of Review
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
September 1, 2015, through August 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Weihai Zhongwei Rubber Co., Ltd............................. 11.87
Qingdao Qihang Tyre Co. Ltd................................. 11.87
Shandong Zhentai Group Co., Ltd............................. 11.87
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Additionally, as in the Preliminary Results, Commerce determines
that GTC, Cheng Shin, and Milestone, are part of the China-wide entity.
[[Page 16831]]
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
Commerce 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\ Commerce 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 Zhongwei, Commerce 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 Zhongwei 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 Zhongwei 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, Commerce will instruct CBP to collect the
appropriate duties at the time of liquidation.\15\
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See 19 CFR 351.212(b)(1).
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For the non-examined separate rate companies, we will instruct CBP
to liquidate all appropriate entries at 11.87 percent, which is equal
to the weighted-average dumping margin assigned to Zhongwei.
For those entities that are subject to this review that Commerce
has determined are part of the China-wide entity (i.e., GTC, Cheng Shin
and Milestone), we will instruct CBP to liquidate all appropriate
entries at the China-wide rate of 105.31 percent.\16\ Pursuant to a
refinement in Commerce'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, Commerce will
instruct CBP to liquidate such entries at the China-wide rate.\17\ In
addition, if Commerce 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 China-wide rate.
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\16\ The China-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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Because we are rescinding the new shipper review of Carlstar, we
have not made a determination as to whether Carlstar qualifies for a
separate rate. Therefore, Carlstar will remain part of the China-wide
entity and, accordingly, any entries covered by this new shipper review
will be assessed at the China-wide rate.
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 Chinese and non-Chinese
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 Chinese exporters of subject merchandise which have not been found
to be entitled to a separate rate, the cash deposit rate will be the
China-wide rate of 105.31 percent; and (4) for all non-China exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the China exporter(s) that
supplied that non-China exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Because we did not calculate a dumping margin for Carlstar or grant
Carlstar a separate rate in this new shipper review, as noted above, we
find that Carlstar continues to be part of the China-wide entity. The
cash deposit rate for the China-wide entity is 105.31 percent. These
cash deposit requirements 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 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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. Discussion of the Issues
Comment 1: Carlstar's Eligibility for a New Shipper Review (NSR)
Comment 2: GTC's Separate Rate Eligibility
A. The Statutory Authority to Issue a Country-Wide Rate
B. The Presumption of Chinese Government Control
[[Page 16832]]
C. The Government Control of GTC's Export Activities
D. WTO Obligations
E. A New China-Wide Rate Applicable to GTC
F. Adjustments for Domestic and Export Subsidies Found in the
Parallel CVD Review
Comment 3: Surrogate Value for Mixed Rubber
Comment 4: Overhead and Selling, General and Administrative
Expenses (SG&A) Ratios Used to Calculate Zhongwei's Margin
Comment 5: CVD Rates Used to Calculate Double-Remedies
Adjustment for Zhongwei
Comment 6: Irrecoverable Value-Added Tax (VAT) Rate for Zhongwei
VI. Recommendation
[FR Doc. 2018-07991 Filed 4-16-18; 8:45 am]
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