Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017 |
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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rescinded the review with respect to two exporters upon which the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:
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Weighted-
average dumping
Exporter margin
(percent)
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Weihai Zhongwei Rubber Co., Ltd........................ 0.79
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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).
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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.
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\13\ See 19 CFR 351.212(b).
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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).
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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\
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\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.
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\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