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

American Government Special Collections Reference Desk

American Government Cars in China

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

Paul Piquado
Department of Commerce
April 17, 2014


[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Notices]
[Pages 21731-21733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08799]


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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: Preliminary Results of Antidumping Duty Changed 
Circumstances Review

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

SUMMARY: On October 30, 2013, the Department of Commerce 
(``Department'') initiated 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'') to 
determine whether Shandong Linglong Tyre Co., Ltd. (``Shandong 
Linglong'') is the successor-in-interest to Zhaoyuan Leo Rubber Co., 
Ltd. (``Leo Rubber''), for the purpose of determining antidumping duty 
liability.\1\ We preliminarily determine that Shandong Linglong is the 
successor-in-interest to Leo Rubber, and thus entitled to use Leo 
Rubber's separate rate. Interested parties are invited to comment on 
these preliminary results.
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    \1\ See Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Initiation of Changed Circumstances 
Review, 78 FR 64913 (October 30, 2013) (``Initiation Notice'').

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DATES: Effective Date: April 17, 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

[[Page 21732]]

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 October 30, 2013, in response to a request from Shandong 
Linglong, the Department initiated a changed circumstances review to 
determine if Shandong Linglong is the successor-in-interest to Leo 
Rubber.\4\ On November 15, 2013, the Department issued Shandong 
Linglong a questionnaire. On December 31, 2013, Shandong Linglong 
submitted its response to the Department's questionnaire.\5\ No other 
party filed any further information or comment for these preliminary 
results.
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    \4\ See Initiation Notice.
    \5\ See Letter from Shandong Linglong titled ``New Pneumatic 
Off-The-Road Tires from the People's Republic of China: Response to 
the Changed Circumstances Questionnaire,'' dated December 31, 2013, 
and letter from Shandong Linglong titled ``New Pneumatic Off-The-
Road Tires from the People's Republic of China: Submission of 
Exhibits 13 and 14 of the Final Proprietary Version of the Changed 
Circumstances Questionnaire,'' dated February 26, 2014 
(collectively, ``Questionnaire Response'').
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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.\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, titled 
``Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China: Preliminary Successor-In-Interest 
Determination,'' dated concurrently with this notice (``Preliminary 
Successor-In-Interest Memorandum'') at ``Scope of the Order.''
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Preliminary Results

    In this changed circumstances review, pursuant to section 751(b) of 
the Tariff Act of 1930, as amended (``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) (finding 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 
Shandong Linglong is the successor-in-interest to Leo Rubber. Record 
evidence, as submitted by Shandong Linglong, indicates that Shandong 
Linglong operates as essentially the same business entity as Leo 
Rubber.\10\ For the complete successor-in-interest analysis, including 
discussion of business proprietary information, refer to the 
accompanying successor-in-interest memorandum.\11\
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    \10\ See Questionnaire Response.
    \11\ See Preliminary Successor-In-Interest Memorandum.
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    We find that the evidence provided by Shandong Linglong is 
sufficient to preliminarily determine that the change of its corporate 
name and form did not affect the company's operations in a meaningful 
way.\12\ Therefore, we preliminarily determine that Shandong Linglong 
is the successor-in-interest to Leo Rubber and, thus, should receive 
the same antidumping duty treatment with respect to the Order as the 
former Leo Rubber.
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    \12\ Id.; see also Questionnaire Response.
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    If these preliminary results are adopted in our final results of 
this changed circumstances review, the Department will instruct U.S. 
Customs and Border Protection to continue suspension of liquidation and 
collect a cash deposit rate of 12.83 percent on all shipments of the 
subject merchandise exported by Shandong Linglong and entered, or 
withdrawn from warehouse, for consumption, on or after the publication 
date of the final results of this changed circumstances review.\13\ 
This deposit rate shall remain in effect until further notice.
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    \13\ 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).
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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.\14\ 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). All briefs must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). An electronically filed document must be received 
successfully in its entirety by IA ACCESS, by 5 p.m. Eastern Time on 
the due date.
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    \14\ If an interested party is of the view that certain 
arguments continue to be relevant to the Department's final results 
of this review, that interested party is required to file a case 
brief containing all such arguments, including any such arguments 
presented to the Department before the date of publication of the 
preliminary results, pursuant to 19 CFR 351.309(c)(2).
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    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, 351.221(b) and 351.221(c)(3).


[[Page 21733]]


    Dated: April 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-08799 Filed 4-16-14; 8:45 am]
BILLING CODE 3510-DS-P



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