Home Page About Us Contribute

















Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014

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: Final Results of Antidumping Duty Administrative Review; 2013-2014

Paul Piquado
Department of Commerce
20 April 2016


[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23272-23274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09165]


-----------------------------------------------------------------------

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 Administrative 
Review; 2013-2014

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

SUMMARY: On October 9, 2015, the Department of Commerce 
(``Department'') published the preliminary results of the 
administrative review of the antidumping duty order on certain new 
pneumatic off-the-road tires (``OTR tires'') from the People's Republic 
of China (``PRC'').\1\ The period of review (``POR'') is September 1, 
2013, through August 31, 2014. Based on our analysis of the comments 
received, we made certain changes in the margin calculations. The final 
dumping margins for this review are listed in the ``Final Results'' 
section below.
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 61166 (October 9, 2015) 
(``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: April 20, 2016.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Amanda Mallott, 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 and (202) 482-6430, respectively.

SUPPLEMENTARY INFORMATION:

Background

    We conducted this administrative review in accordance with section 
751 of the Tariff Act of 1930, as amended (``the Act''). These final 
results of administrative review cover nine exporters of subject 
merchandise.\2\ The Department finds that of these nine exporters, two 
mandatory respondents, Qingdao Qihang Tyre Co., Ltd. (``Qihang'') and 
Xuzhou Xugong Tyres Co., Ltd. (``Xugong''),\3\ made sales of subject 
merchandise at less than normal value (``NV''), and, an additional four 
companies, Qingdao Free Trade Zone Full-World International Trading 
Co., Ltd. (``Full-World''), Trelleborg Wheel Systems (Xingtai) China, 
Co. Ltd. (``TWS Xingtai'') and Weihai Zhongwei Rubber Co., Ltd. 
(``Zhongwei''), and Tianjin Leviathan International Trade Co., Ltd. 
(``Leviathan''), demonstrated eligibility for separate rates status. 
Further, the Department determines that Zhongce Rubber Group Company 
Limited (``Zhongce'') and Trelleborg Wheel Systems Hebei Co. (``TWS 
Hebei'') had no shipments during the POR and Qingdao Haojia (Xinhai) 
Tyre Co. (``Haojia'') failed to demonstrate eligibility for separate 
rate status.
---------------------------------------------------------------------------

    \2\ We initiated a review of 12 companies. See Initiation of 
Antidumping and Countervailing Duty Administrative Review, 79 FR 
64565 (October 30, 2014) (``Initiation Notice''). Double Coin 
Holdings Ltd. and its affiliate China Manufacturers Alliance 
(collectively, ``Double Coin''), and Guizhou Tyre Co., Ltd. and its 
affiliate Guizhou Tyre Import and Export Co., Ltd. (collectively, 
``GTC''), timely withdrew their requests for review, and on February 
24, 2015, the Department rescinded the review for Double Coin and 
GTC pursuant to 19 CFR 351.213(d)(1). See Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Partial 
Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 
FR 9695 (February 24, 2015).
    \3\ In the Preliminary Results we determined, in accordance with 
19 CFR 351.401(f), to treat affiliated producers Xugong, Xuzhou 
Armour Rubber Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co., 
Ltd. (``Hanbang'') as a single entity (collectively, ``Xugong''). No 
party has challenged this collapsing decision.
---------------------------------------------------------------------------

    On October 9, 2015, the Department published its Preliminary 
Results of the antidumping duty administrative review of OTR tires from 
the PRC and invited interested parties to comment on the preliminary 
results. We received case and rebuttal briefs from Titan Tire 
Corporation and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO-CLC (``Petitioners'') and both Qihang and 
Xugong. We also received case briefs from TWS Xingtai. On March 17, 
2016, the Department held a public hearing at the request of 
respondents and Petitioners. For a further discussion of the events 
that occurred in this investigation subsequent to the Preliminary 
Results, see the Issues and Decision Memorandum.\4\ Also, as explained 
in the memorandum from the Acting Assistant Secretary for Enforcement 
and Compliance, the Department exercised its authority to toll all 
administrative deadlines due to the recent closure of the Federal 
Government.\5\ As a consequence, all deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the final results is now April 12, 2016. The Department 
conducted this review in accordance with 751 of the Act.
---------------------------------------------------------------------------

    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``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; 2013-2014,'' dated concurrently 
with this notice (``Issues and Decision Memorandum'').
    \5\ See Memorandum to the File from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas'' dated 
January 27, 2016.
---------------------------------------------------------------------------

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

[[Page 23273]]

only; the written product description of the scope of the order is 
dispositive.\6\
---------------------------------------------------------------------------

    \6\ For a complete description of the scope of the order, see 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov and it is available to 
all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://www.trade.gov/enforcement/. The signed Issues and Decision 
Memorandum and electronic version of the Issues and Decision Memorandum 
are identical in content.

Final Determination of No Shipments

    As noted in the Preliminary Results, we received a no-shipment 
certification from Zhongce and TWS Hebei.\7\ Consistent with its 
practice, the Department asked U.S. Customs and Border Protection 
(``CBP'') to conduct a query on potential shipments made by Zhongce and 
TWS Hebei during the POR; CBP did not provide any evidence 
contradicting the no-shipment claims.\8\ No interested parties provided 
comments. Thus, based on Zhongce's and TWS Hebei's certifications and 
our analysis of CBP information, we determine that Zhongce and TWS 
Hebei did not have any reviewable transactions during the POR.
---------------------------------------------------------------------------

    \7\ See Preliminary Results, 80 FR at 61167.
    \8\ See CBP Message Number 5141301, dated May 21, 2015.
---------------------------------------------------------------------------

Final Determination of Affiliation and Collapsing

    We continue to find that Xugong, Armour, and Hanbang are affiliated 
pursuant to section 771(33)(E) of the Act and should be collapsed 
together and treated as a single company (collectively, ``Xugong''), 
pursuant to the criteria laid out in 19 CFR 351.401(f)(1)-(2).\9\
---------------------------------------------------------------------------

    \9\ See Preliminary Results, 80 FR at 61167. No party commented 
on this issue in their case briefs.
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, we determined that Xugong, Qihang, 
Full-World, TWS Xingtai, Zhongwei, and Leviathan are eligible for 
separate-rate status; we also determined that Haojia was not eligible 
for a separate rate, and thus was part of the PRC-wide Entity.\10\ We 
made no changes to these determinations for the final results.
---------------------------------------------------------------------------

    \10\ See Preliminary Results, 80 FR at 61167-61168, and 
accompanying Preliminary Decision Memorandum at the ``Separate 
Rates'' section. No parties commented on this issue in their case 
briefs.
---------------------------------------------------------------------------

Rate for Non-Examined Companies Which Are Eligible for a Separate Rate

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to respondents not selected for 
individual examination when the Department limits its examination of 
companies subject to the administrative review pursuant to section 
777A(c)(2)(B) of the Act. Generally, the Department looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for respondents not individually examined in an administrative 
review. Section 735(c)(5)(A) of the Act articulates a preference for 
not calculating an all-others rate using rates which are zero, de 
minimis, or based entirely on facts available (``FA'').\11\ 
Accordingly, the Department's usual practice has been to determine the 
dumping margin for companies not individually examined by averaging the 
weighted-average dumping margins for the individually examined 
respondents, excluding rates that are zero, de minimis, or based 
entirely on facts available.\12\ Consistent with this practice, in this 
review, we have calculated weighted-average dumping margins for the two 
mandatory respondents Qihang and Xugong, and these dumping margins are 
above de minimis and are not based entirely on FA. Therefore, because 
we have publicly-ranged shipment data on the record from both Qihang 
and Xugong, we are assigning to Leviathan, Full-World, TWS Xingtai, and 
Zhongwei the weighted-average of the margins calculated for Qihang and 
Xugong, as the separate rate for this review.\13\
---------------------------------------------------------------------------

    \11\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
    \12\ See, e.g., Preliminary Determination of Sales at Less Than 
Fair Value and Partial Affirmative Determination of Critical 
Circumstances: Certain Polyester Staple Fiber from the People's 
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged 
in Final Determination of Sales at Less Than Fair Value and Partial 
Affirmative Determination of Critical Circumstances: Certain 
Polyester Staple Fiber from the People's Republic of China, 72 FR 
19690 (April 19, 2007).
    \13\ See Memorandum to the File, ``2013-2014 Administrative 
Review of the Antidumping Duty Order on Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Final Results 
Margin Calculation for Separate Rate Companies,'' dated concurrently 
with this notice.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on an analysis of the comments received, we made certain 
calculation programming changes and revisions to the valuation of 
certain factors of production. For further details on the changes we 
made for these final results, see the Issues and Decision Memorandum. 
See also Memorandum to the File, ``Final Results of the 2013-2014 
Administrative Review of the Antidumping Duty Order on Certain New 
Pneumatic off-The-Road Tires from the People's Republic of China: 
Surrogate Value Memorandum,'' dated concurrently with this notice; 
Memorandum to the File, ``2013-2014 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 Qingdao Qihang Tyre Co., Ltd.,'' dated concurrently 
with this notice; and Memorandum to the File, ``2013-2014 
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 Xuzhou Xugong 
Tyres Co., Ltd.,'' dated concurrently with this notice.

Final Results

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist for the period 
September 1, 2013, through August 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd.,         65.33
 or Xuzhou Hanbang Tyre Co., Ltd............................
Qingdao Qihang Tyre Co., Ltd................................       79.86
Qingdao Free Trade Zone Full-World International Trading           70.55
 Co., Ltd...................................................
Tianjin Leviathan International Trade Co., Ltd..............       70.55
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd...........       70.55

[[Page 23274]]

 
Weihai Zhongwei Rubber Co., Ltd.............................       70.55
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and 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)(1).\14\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
---------------------------------------------------------------------------

    \14\ See Antidumping Proceeding: 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'').
---------------------------------------------------------------------------

    For customers or importers of Xugong and Qihang 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.\15\ For 
customers or importers of Xugong and Qihang 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.\16\ For the non-examined separate 
rate companies, we will instruct CBP to liquidate all appropriate 
entries at 70.55 percent. For the PRC-wide entity, we will instruct CBP 
to liquidate all appropriate entries at 105.31 percent.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b)(1).
    \16\ Id.
---------------------------------------------------------------------------

    Pursuant to a refinement in the Department's non-market economy 
(``NME'') practice, 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 NME-wide rate.\17\ 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 NME-wide 
rate.
---------------------------------------------------------------------------

    \17\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

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 
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 ``Final Results'' section of this notice, above; (2) 
for previously 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 in which the exporter was reviewed; (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; 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. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

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 within five days of the 
date of publication of this notice to parties in this proceeding, in 
accordance with 19 CFR 351.224(b). We are issuing and publishing the 
final results and notice in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: April 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

 Summary
 Background
 Scope of the Order
 List of Comments
 Discussion of the Issues
Comment 1: Whether Application of Adverse Facts Available Is 
Warranted With Regards to Certain Xugong Sales
Comment 2: Whether To Grant Qihang a Double Remedies Adjustment and 
What Pass-Through Rate to Use
Comment 3: Whether To Adjust Xugong's U.S. Prices for Irrecoverable 
VAT
Comment 4: Treatment of Xugong's Market Economy Purchases
Comment 5: Whether the Department Should Apply the Separate Rate 
Calculated in This Review to TWS Xingtai
Comment 6: Whether the Department Should Reject Certain Surrogate 
Values Submitted After the Preliminary Results
Comment 7: Surrogate Country
Comment 8: Financial Statements
Comment 9: Natural Rubber
Comment 10: Reclaimed Rubber
Comment 11: Inland Freight
Comment 12: Selection Surrogate Value for Carbon Black
Comment 13: Inadvertent Errors in Surrogate Value Selection
Comment 14: Selection of the Surrogate Values for #3 and #20 
Compound Rubber, Activation Rubber Powder, Benzonic Acid, and Tire 
Cord Fabric
 Recommendation

[FR Doc. 2016-09165 Filed 4-19-16; 8:45 am]
 BILLING CODE P



Connect with The Crittenden Automotive Library

The Crittenden Automotive Library at Google+ The Crittenden Automotive Library on Facebook The Crittenden Automotive Library on Instagram The Crittenden Automotive Library at The Internet Archive The Crittenden Automotive Library on Pinterest The Crittenden Automotive Library on Twitter The Crittenden Automotive Library on Tumblr  
 
 


The Crittenden Automotive Library

Home Page    About Us    Contribute




By accessing the The Crittenden Automotive Library/CarsAndRacingStuff.com, you signify your agreement with the terms and conditions on our Legal Information:  Disclaimers & Privacy Policy page.

To notify The Crittenden Automotive Library of errors, suggest topics, contribute information, make a comment on a page or to ask a question e-mail us.