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Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017

American Government Special Collections Reference Desk

American Government Cars in China

Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017

Gary Taverman
Department of Commerce
5 March 2019


[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7876-7877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03923]


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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; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Weihai 
Zhongwei Rubber Co., Ltd. (Zhongwei) sold subject merchandise in the 
United States at prices below normal value (NV) during the period of 
review (POR) September 1, 2016, through August 31, 2017.

DATES: Applicable March 5, 2019.

FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-5139.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on certain new pneumatic off-the-road tires (OTR Tires) from the 
People's Republic of China (China) on October 11, 2018.\1\ We invited 
interested parties to comment on the Preliminary Results; however, no 
interested party submitted comments. For a discussion of events 
subsequent to the Preliminary Results, see Zhongwei's Analysis 
Memorandum.\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; 2016-2017, 83 FR 51439 (October 11, 2018) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See memorandum, ``Administrative Review of the Antidumping 
Duty Order on Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China; 2016-2017: Analysis of the Final Results 
Margin Calculation for Weihai Zhongwei Rubber Co., Ltd.,'' dated 
concurrently with this notice (Zhongwei's Analysis Memorandum).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\3\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final results decision is now March 20, 2019.
---------------------------------------------------------------------------

    \3\ See memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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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. A full description of the scope of the order 
is contained in the Preliminary Decision Memorandum.\4\
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    \4\ See the PDM at 2-4.
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Separate Rate

    In our Preliminary Results, we found that information placed on the 
record by Zhongwei demonstrates that it is entitled to separate rate 
status, which we preliminarily granted. We received no information 
since the issuance of the Preliminary Results that provides a basis for 
reconsidering the determination with respect to the separate rate 
status of this entity. Therefore, for the final results, we continue to 
find that Zhongwei is eligible for a separate rate.

Changes Since the Preliminary Results

    As noted above, we received no comments in response to the 
Preliminary Results. Accordingly, for the purposes of these final 
results, Commerce has made no substantive changes to the Preliminary 
Results. However, subsequent to the issuance of the Preliminary Results 
Commerce became aware of certain ministerial errors made with respect 
to the preliminary margin calculation for Zhongwei. We notified parties 
of these specific ministerial errors, and the adjustments we intended 
to make to the preliminary margin calculation to correct for these 
errors, in a memorandum to the file on October 18, 2018.\5\ The October 
18, 2018, memorandum also established the briefing schedule for this 
administrative review and invited interested parties to comment on the 
Preliminary Results, including the intended changes identified therein, 
by November 12, 2018. As no interested party to this proceeding 
commented on the Preliminary Results, or the October 18, 2018 
memorandum, we have incorporated the corrections to the self-identified 
ministerial errors detailed in that memorandum in calculating the final 
weighted-average margin for Zhongwei for these final results.\6\
---------------------------------------------------------------------------

    \5\ See memorandum, ``Administrative Review of Antidumping 
Investigation of Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Briefing Schedule for the Final 
Determination,'' dated October 18, 2018.
    \6\ See Zhongwei's Analysis Memorandum.
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the POR from September 1, 2016, through August 31, 
2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                                 (USD)
------------------------------------------------------------------------
Weihai Zhongwei Rubber Co., Ltd.............................        1.45
------------------------------------------------------------------------

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\7\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the China-wide 
entity. Because no party

[[Page 7877]]

requested a review of the China-wide entity in this review, and we did 
not self-initiate a review, the entity is not under review and the 
entity's rate is not subject to change, (i.e., 105.31 percent).\8\
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \8\ 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).
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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 will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b). 
Commerce intends to issue assessment instructions to CBP 15 days after 
the date of publication of the final results of this review in the 
Federal Register.
    For any individually examined respondent whose (estimated) ad 
valorem weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent), Commerce will calculate importer-
specific ad valorem assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\9\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate calculated is not zero or de 
minimis. Where either the respondent's ad valorem weighted-average 
dumping margin is zero or de minimis, or an importer-specific ad 
valorem assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\10\
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    \9\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
    \10\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

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 exporter 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.

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: February 27, 2019.
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.
[FR Doc. 2019-03923 Filed 3-4-19; 8:45 am]
 BILLING CODE 3510-DS-P

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