[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26508-26509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10840]


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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: Initiation of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: May 4, 2012.

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on certain new pneumatic off-the-road tires (``tires'') from the 
People's Republic of China (``PRC''), received on March 30, 2012, meets 
the statutory and regulatory requirements for initiation. The period of 
review (``POR'') of this new shipper review is September 1, 2011, 
through February 29, 2012.

FOR FURTHER INFORMATION CONTACT: Wendy Frankel or Raquel Silva, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5849 and (202) 482-6475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on tires from the 
PRC was published in the Federal Register on September 4, 2008.\1\ On 
March 30, 2012, we received a timely request for a new shipper review 
from Trelleborg Wheel Systems (Xingtai) China Co. Ltd. (``TWS 
China'').\2\ On April 16, 2012, the Department requested further 
information regarding discrepant and incomplete information in TWS 
China's request.\3\ On April 18, 2012, TWS China submitted its 
response, which included documentation demonstrating that it has 
requested to file a corrected 7501 Entry form with U.S. Customs and 
Border Protection (``CBP'') to correct the manufacturer identification 
number and name on this form.\4\ TWS China has certified that it 
produced all of the tires it exported, which is the basis for its 
request for a new shipper review.\5\
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    \1\ See Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Notice of Amended Final Affirmative 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order, 73 FR 51624 (September 4, 2008).
    \2\ See Letter from TWS China entitled ``New Shipper Review 
Request of Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.: New 
Pneumatic Off-The-Road Tires from the People's Republic of China,'' 
dated March 29, 2012 (``NSR Request'').
    \3\ See Letter from the Department entitled ``New Shipper Review 
of the Antidumping Duty Order on Certain New Pneumatic Off-the Road 
Tires from the People's Republic of China: Request for Further 
Information,'' dated April 16, 2012.
    \4\ See Letter from TWS China entitled ``New Shipper Review 
Request of Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.: New 
Pneumatic Off-The-Road Tires from the People's Republic of China; 
Response To April 16, 2012 Supplemental Questionnaire,'' dated April 
18, 2012.
    \5\ See NSR Request, at pg 1.
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    Pursuant to the requirements set forth in 19 CFR 351.214(b)(2)(i), 
19 CFR 351.214(b)(2)(iii)(A) and 19 CFR 351.214(b)(2)(iii)(B), in its 
request for a new shipper review, TWS China, as an exporter and 
producer, certified that: (1) It did not export tires to the United 
States during the period of investigation (``POI''); \6\ (2) since the 
initiation of the investigation, TWS China has never been affiliated 
with any company that exported subject merchandise to the United States 
during the POI; \7\ and (3) its export activities were not controlled 
by the central government of the PRC.\8\ In accordance with 19 CFR 
351.214(b)(2)(iv), TWS China submitted documentation establishing the 
following: (1) The date on which it first shipped tires for export to 
the United States and the date on which the tires were first entered, 
or withdrawn from warehouse, for consumption; \9\ (2) the volume of its 
first shipment; \10\ and (3) the date of its first sale to an 
unaffiliated customer in the United States.\11\
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    \6\ See NSR Request, at Exhibit 2.
    \7\  See NSR Request, at Exhibit 3.
    \8\ See NSR Request, at Exhibit 4.
    \9\ See NSR Request, at Exhibit 1.
    \10\ See Id.
    \11\ See Id.
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the 
request submitted by TWS China meets the threshold requirements for 
initiation of a new shipper review for shipments of tires from the PRC 
produced and exported by TWS China, pending its correction of the 
information discussed above.\12\ Accordingly, TWS China must correct 
the manufacturer identification number and name on the 7501 Entry form 
with CBP in an appropriate amount of time to avoid rescission of this 
review. Furthermore, if the information supplied by TWS China is later 
found to be incorrect or insufficient during the course of this 
proceeding, the Department may rescind the review or apply adverse 
facts available, depending upon the facts on record. The POR is 
September 1, 2011, through February 29, 2012.\13\ The Department will 
conduct this review according to the deadlines set forth in section 
751(a)(2)(B)(iv) of the Act.
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    \12\ See Memorandum to the File through Wendy J. Frankel 
entitled, ``Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Initiation of AD New Shipper Review for 
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.,'' dated April 
23, 2012.
    \13\ See 19 CFR 351.214(g)(1)(i)(B).
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    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, included in 
our questionnaire will be specific

[[Page 26509]]

questions for ascertaining its eligibility for a separate rate. The 
review will proceed if the responses provide sufficient indication that 
TWS China is not subject to either de jure or de facto government 
control with respect to its export of tires.
    We will instruct CBP to allow, at the option of the importer until 
the completion of the review, the posting of a bond or security in lieu 
of a cash deposit for each entry of the subject merchandise from TWS 
China in accordance with section 751(a)(2)(B)(iii) of the Act and 19 
CFR 351.214(e). Because TWS China certified that it both produced and 
exported the subject merchandise, the sale of which is the basis for 
this new shipper review request, we will apply the bonding privilege to 
TWS China only for subject merchandise which TWS China both produced 
and exported. Interested parties requiring access to proprietary 
information in this new shipper review should submit applications for 
disclosure under administrative protective order in accordance with 19 
CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: April 30, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-10840 Filed 5-3-12; 8:45 am]
BILLING CODE 3510-DS-P