Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review; 2017-2018 |
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James Maeder
Department of Commerce
5 April 2019
[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Pages 13633-13634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06702]
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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: Notice of Partial Rescission of the Antidumping Duty
Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding the
administrative review, in part, of the antidumping duty order on
certain new pneumatic off-the-road tires (OTR tires) from the People's
Republic of China (China) for the period September 1, 2017, through
August 31, 2018.
DATES: Applicable April 5, 2019.
FOR FURTHER INFORMATION CONTACT: 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) 482-5139.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2018, Commerce published a notice of opportunity
to request an administrative review of the antidumping duty order on
OTR tires from China.\1\ From September 27, 2018, through October 1,
2018, Commerce received timely requests to conduct an administrative
review of the antidumping duty order on OTR tires from China from the
following firms: Qingdao Honghua Tyre Factory (Honghua Tyre); Triangle
Tyre Co., Ltd. (Triangle); Lianzhou Xiongying Industry Co., Ltd.
(Xiongying); Qingdao Jinhaoyang International Co., Ltd. (Jinhaoyang);
Weihai Zhongwei Rubber Co., Ltd. (Zhongwei); and Super Grip Corporation
(Super Grip).\2\ Based on
[[Page 13634]]
these requests, on November 11, 2018, in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act), Commerce published in
the Federal Register a notice of initiation of an administrative review
covering the period September 1, 2017, through August 31, 2018.\3\ On
December 17, 2018, Xiongying submitted a timely request to withdraw its
request for administrative review.\4\ On February 4, 2019, Triangle
submitted a timely request to withdraw its request for administrative
review.\5\ On March 19, 2019, Jinhaoyang submitted a timely request to
withdraw its request for administrative review.\6\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 45888 (September 11, 2018).
\2\ See Honghua's letter, ``Request for Administrative Review:
Certain New Pneumatic Off-the-Road Tires from the People's Republic
of China,'' dated September 27, 2018; Triangle Tyre's letter,
``Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China: Request for Antidumping Administrative Review,''
dated September 28, 2018; Xiongying's letter, ``Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
Request for Review,'' dated September 28, 2018; Jinhaoyang's letter,
``Jinhaoyang Request for AD Administrative Review: New Pneumatic
Off-The-Road Tires People s Republic of China Request for
Administrative Review (A-570-912),'' dated September 28, 2018;
Zhongwei's letter, ``Certain New Pneumatic Off-the-Road Tires from
the People's Republic of China: Request for Administrative Review,''
dated October 1, 2018; and Super Grip's letter, ``Certain New
Pneumatic Off-The-Road Tires People's Republic of China Request for
Administrative Review,'' dated October 1, 2018 (Super Grip, a U.S.
importer, requested a review of Zhongwei).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45888 (November 11, 2018).
\4\ See Xiongying's letter, ``Certain New Pneumatic Off-the-Road
Tires from the People's Republic of China: Withdrawal of Request for
Review,'' dated December 17, 2018.
\5\ See Triangle Tyre's letter, ``New Pneumatic Off-The-Road
Tires from the People's Republic of China -Withdrawal of Triangle
Tyre Request for Administrative Review,'' dated February 4, 2019.
\6\ See Jinhoayang's letter, ``Jinhaoyang's Withdrawal of
Request for AD Administrative Review Certain New Pneumatic Off-the-
Road Tires from China (A-570-912),'' dated March 19, 2019.
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Additionally, 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.\7\ If the new deadline falls on a non-business day, in accordance
with Commerce's practice, the deadline will become the next business
day. In this case, the original deadline for parties to withdraw
requests for administrative review was February 13, 2019. Therefore,
the revised deadline to withdraw a review request was March 25, 2019.
The revised deadline for the preliminary results in this review is now
Friday, July 12, 2019.
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\7\ 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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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in part, if a party who requested the review
withdraws the request within 90 days of the date of publication of the
notice of initiation of the requested review. Xiongying, Triangle, and
Jinhaoyang timely withdrew their requests for an administrative review,
and no other party requested a review of these companies. Accordingly,
we are rescinding this review, in part, with respect to these
companies, pursuant to 19 CFR 351.213(d)(1). The review will continue
with respect to Honghua Tyre, Zhongwei, and Super Grip.
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries of OTR tires at
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions to CBP 15 days
after the publication of this notice in the Federal Register, if
appropriate.
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 Commerce's
presumption that reimbursement of the antidumping and/or countervailing
duties occurred and the subsequent assessment of doubled antidumping
duties.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under an APO in accordance with 19 CFR 351.305, 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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: April 2, 2019.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2019-06702 Filed 4-4-19; 8:45 am]
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