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Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Initiation of Changed Circumstances Review

American Government Special Collections Reference Desk

American Government

Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Initiation of Changed Circumstances Review

Christian Marsh
Department of Commerce
October 30, 2013


[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64913-64914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25821]


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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: Initiation of Changed Circumstances Review

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

SUMMARY: The Department of Commerce (``the Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain new pneumatic off-the-
road tires (``OTR tires'') from the People's Republic of China 
(``PRC''). Specifically, based upon a request filed by Shandong 
Linglong Tyre Co., Ltd. (``Shandong Linglong''), an exporter to the 
United States of subject merchandise, the Department is initiating a 
changed circumstances review to determine whether Shandong Linglong is 
the successor-in-interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo 
Rubber''), a separate-rate respondent in the original investigation.

DATES: Effective: October 30, 2013.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Eugene Degnan, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-4987 or 202-482-0414, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 2008, the Department published in the Federal 
Register an antidumping duty order on OTR tires from the PRC.\1\ Under 
the Order, Leo Rubber received the separate-rate respondent amended 
rate of 12.91 percent.\2\
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    \1\ See Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Notice of Amended Final Affirmative 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order, 73 FR 51624 (September 4, 2008) (``Order'').
    \2\ On August 30, 2012, the Department published in the Federal 
Register a final determination, under section 129 of the Uruguay 
Round Agreements Act (``URAA''), regarding the antidumping duty 
investigation on OTR Tires from the PRC. See Implementation of 
Determinations Under Section 129 of the Uruguay Round Agreements 
Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded 
Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled 
Rectangular Pipe and Tube From the People's Republic of China, 77 FR 
52683 (August 30, 2012). As part the Department's final 
determination under section 129 of the URAA, Leo Rubber was assigned 
a revised cash deposit rate of 12.83 percent. Id., 77 FR at 51627.
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    On August 26, 2013, Shandong Linglong filed a submission requesting 
that the Department conduct a changed circumstances review of the Order 
to confirm that Shandong Linglong is the successor-in-interest to Leo 
Rubber. In its submission, Shandong Linglong provided a board of 
directors resolution authorizing the change of company name; a notice 
from the Yantai City Administration for Industry and Commerce approving 
the name change from Leo Rubber to Shandong Linglong; business licenses 
for Leo Rubber and Shandong Linglong, before and after the name change, 
respectively; legal structure charts and company management before and 
after the name change; and a list of suppliers before and after the 
name change.\3\
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    \3\ See Letter from Shandong Linglong to the Department 
regarding New Pneumatic Off-The-Road Tires from the People's 
Republic of China: Request for Changed Circumstances Review (August 
26, 2013).
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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.\4\ 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.
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    \4\ For a complete description of the Scope of the Order, see 
Certain New Pneumatic Off-the-Road Tires From the People's Republic 
of China: Final Results of Antidumping Duty New Shipper Review; 
2011-2012, 78 FR 33341 (June 4, 4013), and accompanying Issues and 
Decision Memorandum at ``Scope''.
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Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act''), the Department will conduct a changed circumstances 
review upon receipt of information concerning, or a request from, an 
interested party for a review of an antidumping duty order which shows 
changed circumstances sufficient to warrant a review of the order. In 
the event that the Department determines that expedited action is 
warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine 
the notices of initiation and preliminary results.
    In accordance with 19 CFR 351.216(d), the Department has determined 
that the information submitted by Shandong Linglong constitutes 
sufficient evidence to conduct a changed circumstances review. In an 
antidumping duty changed circumstances review involving a successor-in-
interest determination, the Department typically examines several 
factors including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\5\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\6\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\7\
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    \5\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \6\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327 (January 4, 2006).
    \7\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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    Based on the information provided in its submission, Shandong 
Linglong has provided sufficient evidence to warrant a review to 
determine if it is the successor-in-interest to Leo Rubber. Therefore, 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we

[[Page 64914]]

are initiating a changed circumstances review.\8\ However, the 
Department finds its necessary to issue a questionnaire requesting 
additional information for the review as provided for by 19 CFR 
351.221(b)(2). For that reason, the Department is not conducting this 
review on an expedited basis by publishing preliminary results in 
conjunction with this notice of initiation. The Department will publish 
in the Federal Register a notice of the preliminary results of the 
antidumping duty changed circumstances review, in accordance with 19 
CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set 
forth the factual and legal conclusions upon which our preliminary 
results are based and a description of any action proposed. Pursuant to 
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity 
to comment on the preliminary results of review. In accordance with 19 
CFR 351.216(e), the Department will issue the final results of its 
antidumping duty changed circumstances review not later than 270 days 
after the date on which the review is initiated, or not later than 45 
days if all parties to the proceeding agree to the outcome of the 
review.
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    \8\ As explained in the memorandum from the Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from October 1, through October 16, 2013. See 
Memorandum for the Record from Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (October 18, 2013). Therefore, the deadline 
for the initiation of this changed circumstances review has been 
extended by 16 days; the revised deadline is now October 28, 2013.
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    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

     Dated: October 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-25821 Filed 10-29-13; 8:45 am]
BILLING CODE 3510-DS-P



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