Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018 |
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Jeffrey I. Kessler
Department of Commerce
6 November 2019
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59770-59771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24220]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that Weihai
Zhongwei Rubber Co., Ltd. (Zhongwei), an exporter of certain new
pneumatic off-the-road tires (OTR tires) from the People's Republic of
China (China), did not sell merchandise in the United States at prices
below normal value during the period of review (POR) September 1, 2017
through August 31, 2018.
DATES: Applicable November 6, 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 August 23, 2019.\1\ We invited interested parties to comment
on the Preliminary Results; however, no interested party submitted
comments.
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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; 2017-2018, 84 FR 44283 (August 23, 2019)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
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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.\2\
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\2\ See Preliminary Results, PDM at 3-5.
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Separate Rates
In our Preliminary Results, Commerce determined that information
placed on the record by Zhongwei and Qingdao Honghua Tyre Factory
(Honghua) demonstrates that these companies are entitled to separate
rate status,\3\ which we preliminarily granted.\4\ We received no
comments since the issuance of the Preliminary Results that provide a
basis for reconsidering the determination with respect to the separate
rate status of these entities. Therefore, for the final results, we
continue to find that Zhongwei and Honghua are eligible for a separate
rate.
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\3\ See Zhongwei's March 11, 2019 Section A Questionnaire
Response at 2-14; see also Honghua's Letter, ``Separate Rate
Application: Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China,'' dated December 14, 2018.
\4\ See Preliminary Results, PDM at 9-13.
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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 changes to the Preliminary Results.
Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the POR from September 1, 2017 through August 31,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Weihai Zhongwei Rubber Co., Ltd............................. 0.00
Qingdao Honghua Tyre Factory................................ 0.00
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Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\5\ 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 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).\6\
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\5\ 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).
\6\ 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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Where the rates for the individually examined companies are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Tariff Act of 1930, as amended (the Act) provides
that Commerce may use ``any reasonable method'' to establish the all-
others rate. As the margin calculated for the mandatory respondent,
Zhongwei, is zero, we assigned Honghua, the sole separate-rate
respondent not selected for individual examination in this review, a
separate rate margin based on Zhongwei's weighted-average dumping
margin, which we find to be reasonable and consistent with practice.\7\
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\7\ See, e.g., Multilayered Wood Flooring from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Partial Rescission;
2015-2016, 83 FR 35461, 35462 (July 26, 2018) (citing Albemarle
Corp. v. United States, 821 F. 3d 1345 (Fed. Cir. 2016)).
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Disclosure
Commerce normally discloses the calculations performed regarding
these final results to parties in this proceeding
[[Page 59771]]
within five days of the date of publication of this notice, in
accordance with 19 CFR 351.224(b). However, because no changes were
made to the preliminary calculations, we refer parties to the
preliminary disclosure calculation memoranda.\8\
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\8\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China; 2017-2018: Preliminary Results Surrogate
Value Memorandum,'' dated August 16, 2019; see also Memorandum,
``Analysis Memorandum for the Preliminary Results of the 2017-2018
Review of the Antidumping Duty Order on Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Weihei Zhongwei
Rubber Co., Ltd.,'' dated August 16, 2019.
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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 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).
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Cash Deposit Requirements
Because the antidumping duty order on OTR tires from China was
revoked,\11\ Commerce will not issue cash deposit instructions at the
conclusion of this administrative review.
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\11\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Results of Sunset Reviews and
Revocation of Antidumping Duty and Countervailing Duty Orders, 84 FR
20616 (May 10, 2019).
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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 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 duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a final 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.
Notification to Interested Parties
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: October 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-24220 Filed 11-5-19; 8:45 am]
BILLING CODE 3510-DS-P