Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013 |
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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:
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Weighted
average
Exporter dumping
margin
(percent)
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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
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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