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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 and Preliminary Rescission of New Shipper Review; 2015-2016

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 and Preliminary Rescission of New Shipper Review; 2015-2016

Gary Taverman
Department of Commerce
10 October 2017


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 46965-46968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21748]


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

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 and Preliminary Rescission of New Shipper Review; 
2015-2016

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

SUMMARY: The Department of Commerce (Department) is conducting an 
administrative review (AR) and a new shipper review (NSR) 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) for the AR and NSR is September 1, 2015, through August 31, 2016. 
The administrative review covers six exporters of the subject 
merchandise. We preliminarily determine that Weihai Zhongwei Rubber 
Co., Ltd. (Zhongwei), one of three companies selected for individual 
examination, made sales of subject merchandise in the United States at 
prices below normal value (NV) during the POR. We also preliminarily 
determine to rescind the new shipper review initiated for Carlisle 
(Meizhou) Rubber Manufacturing Co., Ltd. (Carlisle Meizhou), and CTP 
Distribution (HK) Limited (CTP HK) (collectively, Carlstar). We invite 
interested parties to comment on these preliminary results.

DATES: Effective October 10, 2017.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, 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) 482-7814.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2016, the Department initiated a new shipper review 
of exports of subject merchandise made by CTP Distribution (HK) Limited 
(CTP HK), produced in the PRC by Carlisle (Meizhou) Rubber 
Manufacturing Co., Ltd. (Carlisle Meizhou).1 2 On November 
9, 2016, the Department initiated the eighth administrative review of 
the antidumping duty order on OTR tires from the PRC.\3\ On March 2, 
2017, the

[[Page 46966]]

Department aligned the NSR with the AR.\4\ On April 4, 2017, the 
Department rescinded the review for three exporters for which the AR 
was initiated.\5\ On May 17, 2017, 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 (the Act), to 
October 2, 2017.\6\ For a complete description of the events that 
followed the initiation of these reviews, see the Preliminary Decision 
Memorandum.\7\ A list of topics included in the Preliminary Decision 
Memorandum is included as an Appendix to this notice.
---------------------------------------------------------------------------

    \1\ The NSR was requested by Carlstar Group LLC (formerly dba 
CTP Transportation Products) (Carlstar Group), a U.S. producer of 
OTR tires, and an importer of subject merchandise concerning 
merchandise produced by Carlisle Meizhou, its affiliated producer of 
OTR tires from the PRC, and exported by CTP HK, an affiliated 
trading company located in Hong Kong (collectively, Carlstar).
    \2\ See letter from Carlstar, ``New Pneumatic Off-The-Road Tires 
from the People's Republic of China Entry of Appearance and Request 
for New Shipper Review,'' dated September 20, 2016 (NSR Request); 
see also Initiation of Antidumping Duty New Shipper Review, 81 FR 
76560 (November 3, 2016) (NSR Initiation).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 81 FR 78778 (November 9, 2016) (Initiation 
Notice). The Department initiated on the following: Cheng Shin 
Rubber Industry Ltd. (Chengshin), Guizhou Tyre Co., Ltd., Guizhou 
Tyre Import and Export Co., Ltd. (GTC), Qingdao Milestone Tyres Co. 
Ltd. (Milestone), Qingdao Qihang Tyre Co. Ltd. (Qihang), Shandong 
Zhentai Group Co., Ltd. (Zhentai), Trelleborg Wheel Systems 
(Xingtai) Co., Ltd. (TWS), Weihai Zhongwei Rubber Co., Ltd. 
(Zhongwei), Weifang Jintongda Tyre Co., Ltd. (Jintongda), and 
Zhongce Rubber Group Company Limited (Zhongce). The Department 
previously collapsed GTC and Guizhou Tyre Import and Export 
Corporation (GTCIE) into a single entity in the original 
investigation, 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). This decision is unchallenged in the instant 
review; thus, the Department continues to treat GTC and GTCIE as a 
single entity (collectively, GTC).
    \4\ See memorandum to the file, ``Waiver of Time Limits for New 
Shipper Review and Align with Concurrent Administrative Review,'' 
dated March 2, 2017 (Alignment Memo).
    \5\ 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; 2015-2016, 82 FR 16348 
(April 4, 2017).
    \6\ See memorandum to Gary Taverman, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, ``Certain New 
Pneumatic Off-the-Road Tires from the People's Republic of China: 
Extension of Deadline for Preliminary Results of 2015-2016 
Antidumping Duty Administrative Review and New Shipper Review,'' 
dated May 17, 2017.
    \7\ See memorandum to 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, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Rescission of New Shipper Review: Certain New Pneumatic Off-the-Road 
Tires from the People's Republic of China; 2015-2016,'' dated 
concurrently with and hereby adopted by this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order \8\

    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.
---------------------------------------------------------------------------

    \8\ For a complete description of the scope of the order, see 
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Preliminary Rescission of the New Shipper Review

    In accordance with 19 CFR 351.214(c), an exporter or producer may 
request a NSR within one year of the date on which subject merchandise 
was first entered, or withdrawn from warehouse, for consumption, or, if 
the exporter or producer cannot establish the date of the first entry, 
then the date on which it first shipped the merchandise for export to 
the United States.
    As discussed in the Preliminary Decision Memorandum and Preliminary 
NSR Rescission Memorandum,\9\ the Department preliminarily finds that 
Carlstar's request for review was not timely filed within one year of 
the date the subject merchandise produced and exported by Carlstar or 
its predecessor was first entered into the United States, pursuant to 
19 CFR 351.214(c) of the Department's regulations.
---------------------------------------------------------------------------

    \9\ See memorandum to the file, ``New Shipper Review of the 
Antidumping Duty Order on New Pneumatic Off-The-Road Tires from the 
People's Republic of China: Preliminary Rescission Memorandum for 
Carlstar,'' dated concurrently with this memorandum (Preliminary NSR 
Rescission Memorandum).
---------------------------------------------------------------------------

    Because we find that Carlstar's request for review was not timely 
filed, we are preliminarily determining that Carlstar's request did not 
meet the requirements of 19 CFR 351.214(c), and are rescinding the new 
shipper review for Carlstar. Because much of the factual information 
used in our analysis involves business proprietary information, a full 
discussion of the basis for our preliminary determination is set forth 
in the Preliminary NSR Rescission Memorandum.

Separate Rates

    The Department preliminarily determines that information placed on 
the record by the mandatory respondent, Zhongwei, as well as two 
separate rate applicants, Qihang and Shandong Zhentai, demonstrates 
that these companies are entitled to receive separate rates. For 
additional information, see the Preliminary Decision Memorandum.

PRC-Wide Entity

    The Department's policy regarding conditional review of the PRC-
wide entity applies to these reviews.\10\ 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 the AR or 
NSR, the entity is not under review and the entity's rate (i.e., 105.31 
percent) is not subject to change.\11\ Aside from the separate rate 
companies discussed above, the Department considers all other companies 
\12\ for which a review was requested, including the mandatory 
respondent GTC, to be ineligible for a separate rate based on 
information provided. For additional information, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \10\ 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).
    \11\ 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).
    \12\ These companies include the mandatory respondent, Guizhou 
Tyre Co., Ltd and Guizhou Tyre Import and Export Co., Ltd. (GTC), 
separate rate applicant, Cheng Shin Rubber Industry Ltd., and non-
responsive respondent, Qingdao Milestone Tyres Co. Ltd.
---------------------------------------------------------------------------

Methodology

    The Department is conducting these reviews 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) 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.

Rate for Separate Rate Companies Not Individually Examined

    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

[[Page 46967]]

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).\13\ 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.\14\ Consistent with this practice, in the AR, we 
preliminarily calculated a weighted-average dumping margin for Zhongwei 
that is above de minimis and not based entirely on FA; therefore, the 
Department preliminarily assigns to Qihang and Zhentai the weighted-
average margin calculated for Zhongwei as the separate rate for this 
review.
---------------------------------------------------------------------------

    \13\ 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.
    \14\ 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.
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period September 1, 
2015, through August 31, 2016:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Weihai Zhongwei Rubber Co., Ltd............................         4.54
Shandong Zhentai Group Co., Ltd............................         4.54
Qingdao Qihang Tyre Co. Ltd................................         4.54
------------------------------------------------------------------------

    Additionally, the Department preliminarily determines that Cheng 
Shing, GTC, and Qingdao Milestone are 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 these reviews 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.\15\ 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.\16\ 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.\17\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\18\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309(c)(1)(ii).
    \16\ See 19 CFR 351.309(d)(1)-(2).
    \17\ See 19 CFR 351.309(c)(2), (d)(2).
    \18\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\19\ 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.\20\
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of these reviews, 
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, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by these reviews.\21\ The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of these reviews.
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For assessment purposes, the Department applied the assessment rate 
calculation method adopted in Assessment Rate Modification.\22\ For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent) in the final results of these 
reviews, 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.\23\ 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.\24\ For the respondents that were not selected for 
individual examination in the administrative review and that qualified 
for a separate rate, the assessment rate will be based on the average 
of the mandatory respondents.\25\
---------------------------------------------------------------------------

    \22\ 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.
    \23\ See 19 CFR 351.212(b)(1).
    \24\ See 19 CFR 351.106(c)(2).
    \25\ 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.\26\
---------------------------------------------------------------------------

    \26\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    Because we are preliminarily rescinding the new shipper review of 
Carlstar, we are not making a determination as to whether Carlstar 
qualifies for a separate rate. Therefore, if the Department proceeds to 
final rescission, Carlstar will remain part of the PRC-wide entity and, 
accordingly, any entries covered by this new shipper review will be 
assessed at the PRC-wide rate. If we do not proceed to final 
rescission, we will calculate an importer-specific assessment rate for 
Carlstar, consistent with 19 CFR 351.212(b)(1) and will instruct CBP to 
assess AD duties on all appropriate entries covered by the NSR if the 
importer-specific assessment rate calculated in the final results of 
the NSR is above de minimis.

[[Page 46968]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews 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.
    Because we preliminarily did not calculate a dumping margin for 
Carlstar or grant Carlstar a separate rate in this new shipper review, 
as noted above, we find that Carlstar continues to be part of the PRC-
wide entity. The cash deposit rate for the PRC-wide entity is 105.31 
percent. These cash deposit requirements 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.

Notification to Interested Parties

    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 2, 2017.
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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination To Rescind The New Shipper Review
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. Export Price
    K. Value-Added Tax
    L. Normal Value
    M. Factor Valuations
    N. Currency Conversion
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation

 [FR Doc. 2017-21748 Filed 10-6-17; 8:45 am]
 BILLING CODE 3510-DS-P

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