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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; 2016-2017

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; 2016-2017

Gary Taverman

Department of Commerce
11 October 2018


[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51439-51440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22127]


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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 
Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Weihai Zhongwei Rubber Co., Ltd. (Zhongwei), an exporter of 
certain new pneumatic off-the-road tires (OTR tires) from the People's 
Republic of China (China), sold merchandise in the United States at 
prices below normal value (NV) during the period of review (POR) 
September 1, 2016, through August 31, 2017. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable: October 11, 2018.

FOR FURTHER INFORMATION CONTACT: Keith Haynes, 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.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2017, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on OTR 
tires from China for the period of September 1, 2016, through August 
31, 2017.\1\ On November 17, 2017, Commerce initiated a review of three 
exporters of subject merchandise.\2\ On March 16, 2018, Commerce 
rescinded the review with respect to two exporters upon which the 
review was initiated.\3\ On January 23, 2018, Commerce exercised its 
discretion to toll all deadlines affected by the closure of the Federal 
Government from January 20 through 22, 2018.\4\ On June 4, 2018, 
Commerce fully extended the deadline for issuing the preliminary 
results to October 3, 2018.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 41595 (September 1, 2017).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 82 FR 52268 (November 13, 2017) (Initiation 
Notice).
    \3\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Notice of Partial Rescission of the 
Antidumping Duty Administrative Review; 2016 2017, 83 FR 11682 
(March 16, 2018).
    \4\ See memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
    \5\ See memorandum, ``New Pneumatic Off-The-Road Tires from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of the 2016-2017 Antidumping Duty Administrative Review,'' 
dated June 4, 2018.
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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. For a complete description of the scope of 
the order, see the Preliminary Decision Memorandum.\6\
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    \6\ See memorandum, ``Decision Memorandum for Preliminary 
Results of the Antidumping Duty Administrative Review: Certain New 
Pneumatic Off-the-Road Tires from the People's Republic of China; 
2016-2017,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended 
(the Act). Export prices have been calculated in accordance with 
section 772(a) of the Act. Because China is a non-market economy within 
the meaning of section 771(18) of the Act, NV has been calculated in 
accordance with section 773(c) of the Act.
    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

    Commerce preliminarily determines that information placed on the 
record by the sole respondent, Zhongwei, indicates that it is eligible 
to receive a separate rate and has made sales in the United States 
during the POR at prices below NV. For additional information, see the 
Preliminary Decision Memorandum. Commerce preliminarily determines that 
the following weighted-average dumping margin exists for the period 
September 1, 2016, through August 31, 2017:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
------------------------------------------------------------------------
Weihai Zhongwei Rubber Co., Ltd........................            0.79
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce 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

[[Page 51440]]

of review in the Federal Register.\7\ 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.\8\ 
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.\9\ Parties submitting briefs should do so 
pursuant to Commerce's electronic filing system, ACCESS.\10\
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    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1)-(2).
    \9\ See 19 CFR 351.309(c)(2), (d)(2).
    \10\ See 19 CFR 351.303 (for general filing requirements).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\11\ 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.\12\
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce 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.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\13\ Commerce 
intends to issue assessment instructions to CBP 15 days after the 
publication date of the final results of this review.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For Zhongwei, Commerce 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). For customers or 
importers of Zhongwei for which we do not have entered values, 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.\14\ For customers or 
importers of Zhongwei 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.\15\ Where an importer-or (customer-) specific ad valorem rate is 
greater than de minimis, Commerce will instruct CBP to collect the 
appropriate duties at the time of liquidation.\16\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate. Additionally, if Commerce determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number will be 
liquidated at the China-wide rate.\17\
---------------------------------------------------------------------------

    \17\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR (October 24, 2011).
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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 China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate (i.e. , Zhongwei), 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 a cash deposit of zero will be 
required); (2) for previously investigated or reviewed China and non-
China 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 China 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 China-wide 
entity (i.e., 105.31 percent); \18\ and (4) for all non-China exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the China exporter that 
supplied that non-China exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \18\ 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).
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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 Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: October 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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. Discussion of Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Value Data
    C. Surrogate Country
    D. Separate Rates
    E. Date of Sale
    F. Comparisons to Normal Value
    G. Export Price
    H. Value-Added Tax
    I. Norma Value
    J. Factor Valuations
    K. Currency Conversion
V. Adjustment Under Section 777A(f) of the Act
VI. Recommendation

 [FR Doc. 2018-22127 Filed 10-10-18; 8:45 am]
 BILLING CODE 3510-DS-P

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