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Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

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 Administrative Review; 2014-2015

Ronald K. Lorentzen
Department of Commerce
14 October 2016


[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71068-71071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24821]


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

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 
Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (``Department'') is conducting an 
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''). The period of review (``POR'') is September 1, 
2014, through August 31, 2015. The Department preliminarily finds that 
Xuzhou Xugong Tyres Co., Ltd. (``Xugong''), Xuzhou Armour Rubber 
Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co., Ltd. 
(``Hanbang'') (collectively, ``Xugong''), made sales of subject 
merchandise at less than normal value (``NV'') and that Trelleborg 
Wheel Systems Hebei Co. (``TWS Hebei'') had no shipments during the 
POR. The Department invites interested parties to comment on this 
preliminary determination.

DATES: Effective October 14, 2016.

FOR FURTHER INFORMATION CONTACT: Keith Haynes or Mandy Mallott, 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) 482-5139 or (202) 482-6430, 
respectively.

[[Page 71069]]


SUPPLEMENTARY INFORMATION: 

Background

    On November 9, 2015, the Department initiated the seventh 
administrative review of the antidumping duty order on OTR tires from 
the PRC.\1\ As explained in the memorandum from the Acting Assistant 
Secretary for Enforcement and Compliance, the Department exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government.\2\ Accordingly, all deadlines in 
this segment of the proceeding have been extended by four business 
days.\3\ On May 3, 2016, we extended the time limit for the preliminary 
results of review by 120 days, pursuant to section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (``Act''), to October 5, 2016.\4\ For a 
complete description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum.\5\ A 
list of topics included in the Preliminary Decision Memorandum is 
included as Appendix I.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 80 FR 69193 (November 9, 2016) (``Initiation 
Notice'').
    \2\ 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.
    \3\ Id.
    \4\ See Memorandum to Christian Marsh, ``Certain New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Extension of 
Deadline for Preliminary Results of 2014-2015 Antidumping Duty 
Administrative Review,'' dated May 3, 2016.
    \5\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China; 2014-2015'' 
(``Preliminary Decision Memorandum''), dated concurrently with and 
hereby adopted by this notice.
---------------------------------------------------------------------------

Scope of the Order \6\
---------------------------------------------------------------------------

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

    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.

Preliminary Determination of No Shipments

    On November 17, 2015, TWS Hebei submitted a timely-filed 
certification indicating that it had no shipments of subject 
merchandise to the United States during the POR.\7\ Consistent with our 
practice, the Department asked Customs and Border Protection (``CBP'') 
to conduct a query on potential shipments made by TWS Hebei.\8\ Based 
on TWS Hebei's certifications and our analysis of CBP data and rebuttal 
information, we preliminarily determine that TWS Hebei did not have any 
reviewable transactions during the POR. For additional information 
regarding this determination, see the Preliminary Decision Memorandum. 
Consistent with our assessment practice in non-market economy (``NME'') 
cases, the Department is not rescinding this review of the company, but 
intends to complete the review and issue appropriate instructions to 
CBP based on the final results of the review.\9\
---------------------------------------------------------------------------

    \7\ See Letter from TWS Hebei, ``Trelleborg Wheel Systems Hebei 
Co. Statement of No Shipments during the POR: New Pneumatic Off-The-
Road Tires from the People's Republic of China,'' dated November 17, 
2015.
    \8\ See CBP Message Number 6207309, dated July 25, 2016.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Separate Rates

    The Department preliminarily determines that information placed on 
the record by the mandatory respondent Xugong,\10\ as well as nine 
other separate rate applicants, Shiyan Desizheng Industry & Trade Co., 
Ltd. (``Desizheng''), Qingdao Jinhaoyang International Co., Ltd. 
(``Jinhaoyang''), Weifang Jintongda Tyre Co., Ltd. (``Jintongda''), 
Sailun Jinyu Group Co., Ltd. (``Sailun''), Qingdao Free Trade Zone 
Full-World International Trading Co., Ltd. (``Qingdao FTZ''), Qingdao 
Qihang Tyre Co. (``Qihang''), Trelleborg Wheel Systems (Xingtai) China, 
Co. Ltd. (``TWS Xingtai''), Weihai Zhongwei Rubber Co., Ltd. 
(``Zhongwei''), and Zhongce Rubber Group Company Limited (``Zhongce''), 
demonstrates that these companies are entitled to separate rate status. 
For additional information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \10\ The Department previously collapsed Xugong and its 
affiliates Armour and Hanbang into a single entity, 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, 61167 (October 9, 2015), unchanged in Certain New 
Pneumatic Off-the-Road Tires From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2013-2014, 
81 FR 23272 (April 20, 2016). This decision is unchallenged in the 
instant review; thus the Department continues to treat Xugong, 
Armour, and Hanbang as a single entity.
---------------------------------------------------------------------------

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 adverse facts available (``AFA'').\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 preliminarily calculated a weighted-average dumping margin 
for Xugong that is above de minimis and not based entirely on AFA; 
therefore, the Department preliminarily assigns to Desizheng, 
Jinhaoyang, Jintongda, Sailun, Qingdao FTZ, Qihang, TWS Xingtai, 
Zhongwei, and Zhongce the weighted-average margin calculated for Xugong 
as the separate rate for this review.
---------------------------------------------------------------------------

    \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 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.
---------------------------------------------------------------------------

PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the

[[Page 71070]]

PRC-wide entity applies to this administrative review.\13\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review and the entity's rate is 
not subject to change (i.e., 105.31 percent).\14\ Aside from the no 
shipments and separate rate companies discussed above, the Department 
considers all other companies for which a review was requested, were 
not found eligible for a separate rate based on information provided, 
including Guizhou Tyre Co., Ltd. (``GTC''),\15\ Aeolus Tyre Co., Ltd., 
and Tianjin Leviathan International Trade Co., Ltd., to be part of the 
PRC-wide entity.\16\ For additional information, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \13\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \14\ 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).
    \15\ The Department notes that it previously collapsed GTC and 
Guizhou Tyre Import and Export Corporation (``GTCIE''), into a 
single entity and that that decision is unchallenged in the instant 
review. See Certain New Pneumatic Off-The-Road Tires From the 
People's Republic of China; Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 73 FR 
9278, 9283 (February 20, 2008), unchanged in Certain New Pneumatic 
Off-The-Road Tires from the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
40485 (July 15, 2008).
    \16\ See Preliminary Decision Memorandum. See also Memorandum to 
the File, ``Preliminary Denial of Separate Rates in the Antidumping 
Duty Administrative Review of New Pneumatic Off-the-Road Tires from 
the People's Republic of China,'' dated concurrently with and hereby 
adopted by this notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and 751(a)(2)(A) of the Act. Export and constructed export 
prices were calculated in accordance with sections 772(a) and (b) of 
the Act. Because the PRC is a nonmarket economy within the meaning of 
section 771(18) of the Act, normal value (``NV'') has been calculated 
in accordance with section 773(c).
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 https://access.trade.gov, and 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 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period September 1, 
2014, through August 31, 2015:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company               33.58
 Ltd., or Xuzhou Hanbang Tyre Co., Ltd...............
Shiyan Desizheng Industry & Trade Co., Ltd...........              33.58
Qingdao Jinhaoyang International Co., Ltd............              33.58
Sailun Jinyu Group Co., Ltd..........................              33.58
Weifang Jintongda Tyre Co., Ltd......................              33.58
Zhongce Rubber Group Company Limited.................              33.58
Weihai Zhongwei Rubber Co., Ltd......................              33.58
Qingdao Qihang Tyre Co...............................              33.58
Qingdao Free Trade Zone Full-World International                   33.58
 Trading Co., Ltd....................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd....              33.58
------------------------------------------------------------------------

    Additionally, the Department preliminarily determines that GTS, 
Aeolus Tyre CO., Ltd., and Tianjin Leviathan International Trade Co., 
Ltd., to be a part of the PRC-wide entity.

Disclosure, Public Comment and Opportunity to Request a Hearing

    The Department intends to disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\17\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\18\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\19\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\20\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ See 19 CFR 351.309(d)(1)-(2).
    \19\ See 19 CFR 351.309(c)(2), (d)(2).
    \20\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\21\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\22\
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

[[Page 71071]]

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\23\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For assessment purposes, the Department applied the assessment rate 
calculation method adopted in Assessment Rate Modification.\24\ For any 
individually examined respondent whose weighted average dumping margin 
is above de minimis (i.e., 0.50 percent) in the final results of this 
review, the Department will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- 
(or customer-) specific ad valorem rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\25\ Where either a respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\26\ For the respondents that were not selected for 
individual examination in this administrative review and that qualified 
for a separate rate, the assessment rate will be based on the average 
of the mandatory respondents.\27\
---------------------------------------------------------------------------

    \24\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(``Assessment Rate Modification'') in the manner described in more 
detail in the Preliminary Decision Memorandum.
    \25\ See 19 CFR 351.212(b)(1).
    \26\ See 19 CFR 351.106(c)(2).
    \27\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    Pursuant to the Department's practice, for entries that were not 
reported in the U.S. sales databases submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of the 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.\28\
---------------------------------------------------------------------------

    \28\ For a full discussion of this practice, 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 upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity; 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 that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 the POR. Failure to 
comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Value Data
    C. Surrogate Country
    D. Separate Rates
    E. Margin for the Companies Individually Examined
    F. Margin for the Separate Rate Companies Not Individually 
Examined
    G. Margin for Companies Not Receiving a Separate Rate
    H. Date of Sale
    I. Comparisons to Normal Value
    J. U.S. Price
    K. Normal Value
    L. Factor Valuations
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation

[FR Doc. 2016-24821 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P

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