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

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

Ronald K. Lorentzen
International Trade Administration
December 27, 2013


[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78814-78815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31117]


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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 and Preliminary Results of Antidumping 
Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: Zhongce Rubber Group Company Limited (``Zhongce'') requested 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'') pursuant to section 751(b)(1) of the Tariff 
Act of 1930, as amended (``the Act'') and 19 CFR 351.216(b). The 
Department of Commerce (``Department'') is initiating this changed 
circumstances review and preliminarily determining, pursuant to 19 CFR 
351.221(c)(3)(ii) that Zhongce is the successor-in-interest to Hangzhou 
Zhongce Rubber Co., Ltd. (``Hangzhou'').

DATES: Effective Date: December 27, 2013.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Brendan Quinn, 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 202-482-5848, 
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, in the third administrative review, Hangzhou received its 
own calculated rate of 112.41 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\ See Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Rescission, in Part; 2010-2011, 78 
FR 22513 (April 16, 2013).
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    On November 5, 2013, Zhongce requested that the Department conduct 
a changed circumstances review of the Order to confirm that Zhongce is 
the successor-in-interest to Hangzhou.\3\ In its submission, Zhongce 
explained that the only change was to the name of the company, and 
provided evidence supporting its claim.\4\
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    \3\ See Letter from Zhongce to the Department titled ``New 
Pneumatic Off-The-Road Tires from the PRC: Request for Hangzhou 
Zhongce Rubber Co., Ltd. for Changed Circumstances Review'' 
(November 5, 2013) (``Zhongce Request for CCR'').
    \4\ Id. at 2-3 and Attachments 1, 2, and 3.
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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.\5\ 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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    \5\ 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, 2013), and accompanying Issues and 
Decision Memorandum at ``Scope.''
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Initiation and Preliminary Results

    Pursuant to section 751(b)(1) of 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. As indicated in the ``Background'' 
section, we received information indicating that Hangzhou changed its 
name to Zhongce, effective August 19, 2013. This constitutes changed 
circumstances warranting a review of the order.\6\ Therefore, in 
accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d) and 
(e), we are initiating a changed circumstances review based upon the 
information contained in Zhongce's submission.
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    \6\ See 19 CFR 351.216(d).
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    Section 351.221(c)(3)(ii) of the Department's regulations permits 
the Department to combine the notice of initiation of a changed 
circumstances review and the notice of preliminary results if the 
Department concludes that expedited action is warranted. In this 
instance, because the record contains information necessary to make a 
preliminary finding, we find that expedited action is warranted and 
have

[[Page 78815]]

combined the notice of initiation and the notice of preliminary 
results.
    In this changed circumstances review, pursuant to section 751(b) of 
the Act, the Department conducted a successor-in-interest analysis. In 
making a successor-in-interest determination, the Department examines 
several factors, including, but not limited to, changes in the 
following: (1) Management; (2) production facilities; (3) supplier 
relationships; and (4) customer base.\7\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, the 
Department will consider the new company to be the successor to the 
previous company if the new company's resulting operation is not 
materially dissimilar to that of its predecessor.\8\ Thus, if the 
record evidence 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.\9\
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    \7\ See, e.g., Notice of Final Results of Changed Circumstances 
Antidumping Duty Administrative Review: Polychloroprene Rubber From 
Japan, 67 FR 58 (January 2, 2002).
    \8\ 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).
    \9\ See, e.g., Circular Welded Non-Alloy Steel Pipe From the 
Republic of Korea; Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in 
Circular Welded Non-Alloy Steel Pipe From Korea; Final Results of 
Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 
27, 1998), in which the Department found that a company which only 
changed its name and did not change its operations is a successor-
in-interest to the company before it changed its name.
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    In accordance with 19 CFR 351.216, we preliminarily determine that 
Zhongce is the successor-in-interest to Hangzhou. Record evidence, as 
submitted by Zhongce, indicates that the only change undergone was that 
of the name, from ``Hangzhou Zhongce Rubber Co., Ltd.'' to ``Zhongce 
Rubber Group Company Limited.''\10\ Specifically, Zhongce provided a 
board of directors resolution authorizing the change of company name 
and specifying that the registered capital and business scope of the 
company were to remain the same;\11\ a notarized notice of change in 
registration, affixed with the sign and seal of the Hangzhou Municipal 
Administration for Industry and Commerce, showing the change of 
names;\12\ and a copy of its new business license showing Zhongce's new 
name.\13\ In summary, Zhongce presented evidence to support its claim 
of successorship and the change in name did not impact any of the 
criteria that the Department typically looks to when making a changed 
circumstances determination.
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    \10\ See Zhongce Request for CCR.
    \11\ Id. at Attachment 1.
    \12\ Id. at Attachment 2.
    \13\ Id. at Attachment 3.
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    We find that the evidence provided by Zhongce is sufficient to 
preliminarily determine that the change of its corporate name from 
Hangzhou to Zhongce did not affect the company's operations in a 
meaningful way. Therefore, based on the aforementioned reasons, we 
preliminarily determine that Zhongce is the successor-in-interest to 
Hangzhou and, thus, should receive the same antidumping duty treatment 
with respect to OTR tires from the PRC as the former Hangzhou.

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice. In accordance 
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than five days after the case briefs, in 
accordance with 19 CFR 351.309(d).
    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed circumstances review no later than 270 days after the 
date on which this review was initiated, or within 45 days if all 
parties agree to our preliminary finding. This notice is published in 
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 
351.216(b), 351.221(b) and 351.221(c)(3).

     Dated: December 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-31117 Filed 12-26-13; 8:45 am]
BILLING CODE 3510-DS-P

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