Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015 |
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Ronald K. Lorentzen
Department of Commerce
14 June 2017
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27224-27226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12303]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 /
Notices
[[Page 27224]]
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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is amending its final
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) for the period of September 1, 2014, through
August 31, 2015, to correct a ministerial error. The amended final
weighted-average dumping margins for the reviewed firms are listed
below in the section entitled, ``Amended Final Results.''
DATES: Effective June 14, 2017.
FOR FURTHER INFORMATION CONTACT: 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 202-482-6430.
SUPPLEMENTARY INFORMATION:
Background
On April 13, 2017, the Department issued the final results of the
administrative review of the 2014-2015 period of review.\1\ On April
14, 2017, the Department disclosed to interested parties its
calculations for the final results.\2\ On April 24, 2017, the
Department received a timely-filed ministerial error allegation from
the petitioners \3\ regarding the Department's margin calculation for
Xugong, one of the mandatory respondents in the review.\4\ The
Department also received a timely-filed ministerial error allegation
from Xugong regarding the draft final liquidation instructions released
with the Final Results.\5\
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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; 2014-2015, 82 FR 18733 (April 21, 2017)
(Final Results) and accompanying Issues and Decision Memorandum.
\2\ Xuzhou Xugong Tyres Co., Ltd. (Xugong) was the only
mandatory respondent for which the Department calculated a margin.
See the Department's memorandum, ``2014-2015 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 April 12, 2017 (Xugong Final Analysis Memorandum).
\3\ Titan Tire Corporation (Titan) and the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO, CLC (the USW)
(collectively, the petitioners).
\4\ See Petitioners' Letter, ``Petitioners' Ministerial Error
Comments,'' dated April 24, 2017.
\5\ See Xugong's letter, ``Allegation of Ministerial Error for
the Final Results of Administrative Review of New Pneumatic Off-The-
Road Tires from the People's Republic of China,'' dated April 21,
2017 (Xugong Comments).
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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:
4011.80.1010, 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, 4011.70.00.10, 4011.70.00.50 4011.80.20.20,
4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 4011.94.40.00,
4011.94.80.00, 8716.90.5056, 8716.90.5059, 4011.80.10.10,
4011.80.10.20, 4011.80.20.10, 4011.80.80.10, and 4011.80.80.20. 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 Issues and Decision Memorandum accompanying the Final Results.
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 the petitioners' ministerial error comments
and determined, in accordance with section 751(h) of the Act and 19 CFR
351.224(e) and (f), that we made a ministerial error in our calculation
of Xugong's margin for the Final Results by inadvertently using the
incorrect sales figures as a denominator to devise the indirect sales
expense ratio.\6\ We also made an error in the draft liquidation
instructsions. For a detailed discussion of the Department's
ministerial error determination, see Ministerial Error Memorandum.
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\6\ See the Department's memorandum, ``2014-2015 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 (Ministerial Error Memorandum).
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In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are correcting this error in the calculation of Xugong's weighted-
average dumping margin by using the proper denominator in the
calculation of indirect sales expenses,\7\ and are, thus, amending the
Final Results. The revised weighted-average dumping margin for Xugong
is detailed below.
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\7\ See Ministerial Error Memorandum; see also memorandum,
``Analysis of the Amended Final Results Margin Calculation for
Xuzhou Xugong Tyres Co., Ltd.,'' dated concurrently with this notice
(Xugong Amended Final Analysis Memo).
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Additionally, as a result of our revision to Xugong's margin, the
Department has also revised the dumping margin for companies not
individually examined in the review. As we explained in the Final
Results,\8\ 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. Consistent with
section 735(c)(5)(A) of the Act, 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
[[Page 27225]]
that are zero, de minimis, or based entirely on facts available.\9\
Because Xugong's revised weighted-average dumping margin is above de
minimis and not based entirely on facts available, consistent with the
Department's practice, we have assigned to companies not individually
examined the weighted-average dumping margin calculated for Xugong as
the separate rate for this review. The revised weighted-average dumping
margins for those companies are detailed below.
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\8\ See Final Results, 82 FR at 18734.
\9\ 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).
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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:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., 33.14
or Xuzhou Hanbang Tyre Co., Ltd...........................
Shiyan Desizheng Industry & Trade Co., Ltd................. 33.14
Qingdao Jinhaoyang International Co., Ltd.................. 33.14
Sailun Jinyu Group Co., Ltd................................ 33.14
Weifang Jintongda Tyre Co., Ltd............................ 33.14
Zhongce Rubber Group Company Limite........................ 33.14
Weihai Zhongwei Rubber Co., Ltd............................ 33.14
Qingdao Qihang Tyre Co., Ltd.\10\.......................... 33.14
Qingdao Free Trade Zone Full-World International Trading 33.14
Co., Ltd..................................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd\11\...... 33.14
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The Department's determination in the Final Results that Guizhou
Tyre Co., Ltd. (GTC) and Guizhou Tyre Import and Export Co., Ltd.
(GTCIE),\12\ Aeolus Tyre Co., Ltd., and Tianjin Leviathan International
Trade Co., Ltd., are part of the PRC-wide entity remains unchanged.\13\
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\10\ The Department intended to grant Qingdao Qihang Tyre Co.,
Ltd. a separate rate in the Final Results. See Qihang's December 6,
2015 Separate Rate Certification. However, we incorrectly referred
to this company as ``Qingdao Qihang Tyre Co.,'' in the Final Results
and accompanying Issues and Decision Memorandum. Accordingly, we
have corrected the name of this company in these Amended Final
Results.
\11\ In the Final Results the Department granted Trelleborg
Wheel Systems (Xingtai) China, Co. Ltd. (TWS) a separate rate.
However, we note that TWS is also known as Trelleborg Wheel Systems
(Xingtai) Co., Ltd. See TWS's November 12, 2105 Entry of Appearance
and TWS's November 20, 2015 Separate Rate Certification.
\12\ We incorrectly referred to the this company as ``Guizhou
Tyre Import and Export Corporation,'' and have corrected the name in
these Amended Final Results.
\13\ See Final Results, 82 FR at 18735.
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Disclosure
We intend to disclose the calculations performed regarding these
amended final results within five days of the date of publication of
this notice to parties in this proceeding, in accordance with 19 CFR
351.224(b).
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 directly to CBP 15
days after the date of publication of these amended final results of
administrative review.
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\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'').
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For Xugong, the Department calculated 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 Xugong 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.\15\ For customers or
importers of Xugong 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\ 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.\17\ For the non-
examined separate rate companies, we will instruct CBP to liquidate all
appropriate entries at 33.14 percent. For those entities that are
subject to this review that the Department has determined are part of
the PRC-wide entity (i.e., GTC and GTCIE, Aeolus Tyre Co., Ltd., and
Tianjin Leviathan International Trade Co., Ltd.), we will instruct CBP
to liquidate all appropriate entries at the PRC-wide rate of 105.31
percent.\18\ 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 PRC-wide rate.\19\ 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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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
\17\ Id.
\18\ The PRC-wide rate was determined in 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).
\19\ 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 April 21, 2017, 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 ``Amended 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; \20\ and (4) for all non-PRC exporters of
subject merchandise which have not received
[[Page 27226]]
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.
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\20\ 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 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.
Administrative Protective Order
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.
We are issuing and publishing these amended final results of
administrative review in accordance with sections 751(a)(1) and 777(i)
of the Act.
Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12303 Filed 6-13-17; 8:45 am]
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