[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14267-14269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05042]


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

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 New Shipper 
Review; 2011-2012

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

DATES: Effective Date: March 5, 2013.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review 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'') is September 1, 
2011, through February 29, 2012. The review covers a single entry of 
subject merchandise exported by Trelleborg Wheel Systems (Xingtai) 
China, Co. Ltd. (``Trelleborg Wheel Systems China'') and imported by 
its U.S. affiliate, Trelleborg Wheel Systems Americas. We have 
preliminarily found that Trelleborg Wheel Systems China did not make a 
sale of subject merchandise at less than normal value.

FOR FURTHER INFORMATION CONTACT: Raquel Silva or Eugene Degnan or, 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-
6475 or (202) 482-0414, respectively.

SUPPLEMENTARY INFORMATION: 

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.\1\ 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.\2\
---------------------------------------------------------------------------

    \1\ See a complete description of the Scope of the Order in the 
memorandum to Paul Piquado entitled ``Decision Memorandum for 
Preliminary Results of Antidumping Duty New Shipper Review 
Pertaining to Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.: 
Certain New Pneumatic Off-the-Road Tires from the People's Republic 
of China,'' dated February 26, 2013 (``Preliminary Decision 
Memorandum'').
    \2\ 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).
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.214. Constructed export prices 
have been calculated in accordance with section 772 of the Act. Because 
the PRC is a nonmarket economy within the meaning of section 771(18) of 
the Act, normal value has been calculated in accordance with section 
773(c) of the Act. Specifically, the respondent's factors of production 
have been valued in Indonesia, which is economically comparable to the 
PRC and is a significant producer of comparable merchandise.
    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memorandum, which is 
hereby adopted by this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit, room 7046 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://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Results of New Shipper Review

    The Department preliminarily finds that the following weighted-
average dumping margin exists:

------------------------------------------------------------------------
                                                       Weighted- average
                       Exporter                          dumping margin
------------------------------------------------------------------------
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd....              0.0%
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments no later than 30 days 
after the date of publication of these preliminary results of 
review.\3\ Rebuttals to written comments may be filed no later than 
five days after the written comments are filed.\4\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.309(c).
    \4\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\5\ Hearing requests should contain the 
following information: (1)

[[Page 14268]]

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.\6\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department will issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any such comments, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of the preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\7\ Furthermore, the Department generally 
will not accept business proprietary information in either the 
surrogate value submissions or the rebuttals thereto, as the regulation 
regarding the submission of surrogate values allows only for the 
submission of publicly available information.\8\
---------------------------------------------------------------------------

    \7\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \8\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuing the final results of the new shipper review, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of new shipper 
review. For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\9\
---------------------------------------------------------------------------

    \9\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this new shipper review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis. Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The Department recently announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
company individually examined during this new shipper review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. In addition, if the Department determines that the exporter under 
review 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.\10\
---------------------------------------------------------------------------

    \10\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    The final results of this new shipper review shall be the basis for 
the assessment of antidumping duties on entries of merchandise covered 
by the final results of this review and for future deposits of 
estimated duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review 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 TWS China, which 
has 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.

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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214.

    Dated: February 26, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

    List of Topics Discussed in the Preliminary Decision Memorandum
    1. Background.
    2. Scope of the Order.
    3. Bona Fide Sale Analysis.
    4. Nonmarket Economy Country.
    5. Separate Rates.
    6. Surrogate Country and Surrogate Value Data.
    7. Surrogate Country.
    8. Economic Comparability.
    9. Significant Producers of Identical or Comparable Merchandise.
    10. Data Availability.
    11. Date of Sale.
    12. Fair Value Comparisons.
    13. U.S. Price.

[[Page 14269]]

    14. Normal Value.
    15. Factor Valuations.
    16. Currency Conversion.
    17. Adjustment Under Section 777A(f) of the Act.
    18. Conclusion.

[FR Doc. 2013-05042 Filed 3-4-13; 8:45 am]
BILLING CODE 3510-DS-P