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

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American Government Cars in China

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

Paul Piquado
Department of Commerce
June 4, 2014


[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32220-32221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12993]


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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 Changed 
Circumstances Review

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

SUMMARY: On April 17, 2014, the Department of Commerce (``Department'') 
published its Preliminary Results of a changed circumstances review 
(``CCR'') of the antidumping duty order on certain new pneumatic off-
the road (``OTR'') tires from the People's Republic of China 
(``PRC'').\1\ The Department preliminarily determined that Shandong 
Linglong Tyre Co., Ltd. (``Shandong Linglong'') is the successor-in-
interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo Rubber'') and invited 
parties to comment on the Preliminary Results. As no parties submitted 
subsequent comment, the Department is making no changes to the 
Preliminary Results.
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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 
Changed Circumstances Review, 79 FR 21731 (April 17, 2014) 
(``Preliminary Results'').

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DATES: Effective Date: June 4, 2014.

FOR FURTHER INFORMATION CONTACT: Andrew Medley, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On September 4, 2008, the Department published in the Federal 
Register an antidumping duty order on OTR tires from the PRC.\2\ Under 
the Order, Leo Rubber received the separate-rate respondent rate, as 
revised, of 12.83 percent.\3\
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    \2\ 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'').
    \3\ 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., 73 FR at 51627.
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    On April 17, 2014, we made a preliminary finding that Shandong 
Linglong is the successor-in-interest to Leo Rubber and thus, should 
receive the same antidumping duty treatment with respect to OTR tires 
from the PRC as the former Leo Rubber.\4\ We also stated that 
interested parties had 30 days in which to request a hearing and submit 
case briefs.\5\ No party submitted case briefs. Thus, consistent with 
19 CFR 351.216(e), we are issuing this final determination within 45 
days of our preliminary finding.
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    \4\ See Preliminary Results, 79 FR at 21732.
    \5\ Id.

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[[Page 32221]]

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.\6\
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    \6\ For a complete description of the Scope of the Order, see 
the Department's Memorandum to Melissa G. Skinner, Director, Office 
III, Antidumping and Countervailing Duty Operations, which was 
published concurrently with the Preliminary Results, and titled 
``Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China: Preliminary Successor-In-Interest 
Determination,'' dated April 10, 2014, at ``Scope of the Order.''
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Final Results of Changed Circumstances Review

    Because no parties submitted comments opposing the Department's 
Preliminary Results, and because there is no other information or 
evidence on the record that calls into question the Preliminary 
Results, the Department determines that Shandong Linglong is the 
successor-in-interest to Leo Rubber for the purpose of determining 
antidumping duty liability.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection to 
suspend liquidation and collect a cash deposit rate of 12.83 percent on 
all shipments of the subject merchandise produced and exported by 
Shandong Linglong and entered, or withdrawn from warehouse, for 
consumption, on or after the publication date of these results of 
changed circumstances review.\7\
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    \7\ See, e.g., Stainless Steel Plate in Coils From Belgium: 
Notice of Final Results of Antidumping Duty Changed Circumstances 
Review, 77 FR 21963 (April 12, 2012); see also Notice of Final 
Results of Antidumping Duty Changed Circumstances Review: Certain 
Frozen Warmwater Shrimp From Thailand, 75 FR 74684, 74685 (December 
1, 2010).
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Notification

    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(b) and 777(i) of the Tariff Act of 1930, 
as amended, and 19 CFR 351.216 and 351.221(c)(3).

    Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12993 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P



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