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Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013

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: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013

Paul Piquado
Department of Commerce
May 7, 2015


[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26230-26232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11086]


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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: Amended Final Results of Antidumping Duty 
Administrative Review; 2012-2013

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

SUMMARY: The Department of Commerce (``Department'') is amending the 
Final Results \1\ of the administrative review of

[[Page 26231]]

the antidumping duty order on certain new pneumatic off-the-road tires 
(``OTR Tires'') from the People's Republic of China (``PRC'') to 
correct a ministerial error. The period of review (``POR'') is 
September 1, 2012, through August 31, 2013.
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    \1\ See 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) 
(``Final Results'') and accompanying Memorandum from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary 
for Enforcement and Compliance, titled ``Issues and Decision 
Memorandum for Final Results of Antidumping Duty Administrative 
Review: Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China; 2012-2013'' (``Issues and Decision Memorandum'').

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DATES: Effective: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-4987.

SUPPLEMENTARY INFORMATION:

Background

    On April 10, 2015, the Department disclosed to interested parties 
its calculations for the Final Results.\2\ On April 15, 2015, we 
received a ministerial error allegation from Petitioners \3\ regarding 
the Department's margin calculation for Guizhou Tyre Co., Ltd./Guizhou 
Tyre Import and Export Co., Ltd. (collectively, ``GTC'').\4\
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    \2\ See Memorandum, ``2012-2013 Administrative Review of the 
Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires 
from the People's Republic of China: Disclosure of Calculations for 
Final Results,'' dated April 10, 2015.
    \3\ Titan Tire Corporation and the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO-CLC (collectively, 
``Petitioners'').
    \4\ See Letter from the Petitioners to the Department, titled 
``Administrative Review of the Antidumping Duty Order on New 
Pneumatic Off-The-Road Tires from China (A-570-912): Petitioners' 
Clerical Error Comments, GTC,'' dated April 15, 2015. See also 
Memorandum to the File, titled ``2012-2013 Administrative Review of 
the Antidumping Duty Order on Certain New Pneumatic Off-the-Road 
Tires from the People's Republic of China: Analysis of the Final 
Results Margin Calculation for Guizhou Tyre Co., Ltd.,'' dated April 
8, 2015 (``GTC's Analysis Memorandum'').
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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.\5\
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    \5\ For a complete description of the scope of the order, see 
Issues and Decision Memorandum.
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Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (``the Act''), 
and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
similar type of unintentional error which the Secretary considers 
ministerial.'' We analyzed Petitioners' ministerial error comments and 
determined, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), that we made a ministerial error in our calculation of 
GTC's margin for the Final Results by inadvertently neglecting to 
include two of GTC's inputs in the total material cost buildup for 
normal value.\6\
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    \6\ See GTC's Analysis Memorandum at Attachment I.
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    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results.\7\ The revised weighted-average 
dumping margins are detailed below.
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    \7\ See Memorandum to Melissa G. Skinner, Director, AD/CVD 
Operations, Office III, titled ``2012-2013 Administrative Review of 
the Antidumping Duty Order on Certain New Pneumatic Off-the-Road 
Tires from the People's Republic of China: Ministerial Error 
Allegation for the Final Results,'' dated concurrently with this 
notice.
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Amended Final Results

    As a result of correcting this ministerial error, we determine that 
the following weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Guizhou Tyre Co., Ltd./Guizhou Tyre Import and Export Co.,         11.41
 Ltd........................................................
Zhongce Rubber Group Company Limited........................       11.41
Weihai Zhongwei Rubber Co., Ltd.............................       11.41
PRC-Wide Entity \8\.........................................      105.31
------------------------------------------------------------------------

Assessment Rates

    The  Department shall determine, and the U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review pursuant to section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b).\9\ The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of these amended final results of review.
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    \8\ The PRC-Wide Entity includes Double Coin Holdings Ltd. 
(``Double Coin'').
    \9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) 
(``NME Antidumping Proceedings'').
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    For customers or importers of GTC for which we do not have entered 
value, we calculated importer- (or customer-) specific antidumping duty 
assessment amounts based on the ratio of the total amount of dumping 
duties calculated for the examined sales of subject merchandise to the 
total sales quantity of those same sales.\10\ For customers or 
importers of GTC for which we received entered-value information, we 
have calculated importer- (or customer-) specific antidumping duty 
assessment rates based on importer- (or customer-) specific ad valorem 
rates.\11\ For the non-examined separate rate companies, we will 
instruct CBP to liquidate all appropriate entries at 11.41 percent. For 
the PRC-wide entity, including Double Coin, we will instruct CBP to 
liquidate all appropriate entries at 105.31 percent.
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    \10\ See 19 CFR 351.212(b)(1).
    \11\ Id.
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    Consistent with the Department's assessment practice in non-market 
economy cases,\12\ for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the PRC-wide rate.
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
amended final results of this administrative review, as provided by 
section 751(a)(2)(C) of the Act: (1) For the exporters listed above, 
the cash deposit rate will be equal to the weighted-average dumping 
margin identified in the ``Amended Final Results'' section; (2) for 
previously

[[Page 26232]]

investigated or reviewed PRC and non-PRC exporters that are not under 
review in this segment of the proceeding but that received a separate 
rate in a previous segment, the cash deposit rate will continue to be 
the exporter-specific rate (or exporter-producer chain rate) published 
for the most recently completed segment of this proceeding; (3) for all 
PRC exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of 105.31 percent; \13\ and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter(s) that 
supplied that non-PRC exporter. The cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \13\ In the ``Cash Deposit Requirements'' section of the Final 
Results, the Department inadvertently listed the PRC-wide cash 
deposit rate as 105.24 percent. The correct PRC-wide cash deposit 
rate is 105.31 percent.
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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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of the antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    This notice also serves as a 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.

Disclosure

    We will disclose the calculations performed for these amended final 
results to interested parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    These amended final results of review are issued and published in 
accordance with section 751(h) of the Tariff Act of 1930 Act and 19 CFR 
351.224(f).

    Dated: May 1, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-11086 Filed 5-6-15; 8:45 am]
 BILLING CODE 3510-DS-P

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