[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33341-33342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13215]


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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: Final Results of Antidumping Duty New Shipper 
Review; 2011-2012

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

DATES: Effective Date: June 4, 2013.
SUMMARY: On March 5, 2013, the Department of Commerce (``Department'') 
published the preliminary results of an antidumping duty new shipper 
review of certain new pneumatic off-the-road tires (``OTR tires'') from 
the People's Republic of China (``PRC'').\1\ We invited interested 
parties to comment on our preliminary results. Based on our analysis of 
the comments we received, we have made changes to our margin 
calculations for the new shipper, Trelleborg Wheel Systems (Xingtai) 
China, Co. Ltd. (``Trelleborg Wheel Systems China''). We continue to 
find that Trelleborg Wheel Systems China did not make a sale of subject 
merchandise at less than normal value.
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    \1\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
New Shipper Review; 2011-2012, 78 FR 14267 (March 5, 2013) 
(``Preliminary Results'').

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

SUPPLEMENTARY INFORMATION:

Case History

    The Department published the Preliminary Results on March 5, 
2013.\2\ On March 14, 2013, the Department issued a supplemental 
questionnaire, in which we requested further information from 
Trelleborg Wheel Systems China.\3\ On March 22, 2013, Trelleborg Wheel 
Systems China submitted its response.\4\
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    \2\ Also adopted as part of the Preliminary Results was 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'').
    \3\ See Letter from the Department entitled ``Certain New 
Pneumatic Off-the-Road Tires from the People's Republic of China: 
New Shipper Review Post-Preliminary Results Supplemental 
Questionnaire,'' dated March 14, 2013.
    \4\ See Letter from Trelleborg Wheel Systems China entitled 
``Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.'s Third Sales 
Supplemental Questionnaire Response for the New Shipper Review of 
New Pneumatic Off-The-Road Tires from the People's Republic of 
China,'' dated March 22, 2013.
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    On March 14, 2013, Trelleborg Wheel Systems China submitted 
surrogate value (``SV'') information,\5\ and on March 25, 2013, Titan 
Tire Corporation (``Petitioner'') submitted its SV information.\6\ On 
April 4, 2013, Petitioner submitted a case brief,\7\ and on April 9, 
2013, Trelleborg Wheel Systems China submitted a rebuttal brief.\8\
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    \5\ See Letter from Trelleborg Wheel Systems China entitled 
``Re-Submission of 2011 Goodyear Indonesia Financial Statements for 
Possible Use as Surrogate Value: New Pneumatic Off-The-Road Tires 
from the People's Republic of China,'' dated March 14, 2013.
    \6\ See Letter from Petitioner entitled ``New Pneumatic Off-The 
Road Tires from the People's Republic of China (New Shipper Review): 
Petitioner's 20-Day SV Submission,'' dated March 25, 2013.
    \7\ See Letter from Petitioner entitled ``Case Brief of Titan 
Tire Corporation, Petitioner,'' dated April 4, 2013.
    \8\ See Letter from Trelleborg Wheel Systems China entitled 
``Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.'s Second 
Supplemental Section D Questionnaire Response for the New Shipper 
Review of New Pneumatic Off-The-Road Tires from the People's 
Republic of China,'' dated April 9, 2013.
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Period of Review

    The period of review (``POR'') is September 1, 2011, through 
February 29, 2012. This POR corresponds to the six-month period 
immediately preceding the semiannual anniversary month pursuant to 
section 751(a)(2)(B)(ii) of the Tariff Act of 1930, as amended (``the 
Act''), and 19 CFR 351.214(g)(1)(i)(B).

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.\9\ 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.\10\
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    \9\ For a complete description of the Scope of the Order, see 
Memorandum to Ronald K. Lorentzen entitled ``Issues and Decision 
Memorandum for the Final Results in the Antidumping Duty New Shipper 
Review of Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China,'' dated May 28, 2013 (``Issues and Decision 
Memorandum'').
    \10\ 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).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Issues and Decision Memorandum, which 
is hereby adopted by this notice. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memorandum is 
attached to this notice as an Appendix. The Issues and 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). Access to IA ACCESS is available 
to registered users at http://iaaccess.trade.gov and in the Central 
Records Unit (CRU), Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we have made the 
following revisions to the margin calculations for Trelleborg Wheel 
Systems China: \11\
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    \11\ For detailed information concerning all of the changes 
made, including those listed above, see Memorandum from the 
Department entitled ``New Shipper Review of 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 Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. (``TWS 
China''),'' dated concurrently with this memorandum (``Final Results 
Analysis Memo''), and Memorandum from the Department entitled ``New 
Shipper Review of Antidumping Duty Order on Certain New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Surrogate 
Value Memorandum,'' dated concurrently with this memorandum (``Final 
Results Surrogate Value Memo'').

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[[Page 33342]]

     Revised the indirect selling expense ratio to include 
additional indirect selling expenses not substantiated to be unrelated 
to the sale of subject merchandise.\12\
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    \12\ See Issues and Decision Memorandum at Comment 3; see also 
Final Results Analysis Memo at 2-3.
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     Eliminated the facts available plugs used to calculate 
ocean freight expense for Trelleborg Wheel Systems China's raw 
materials purchased in market economies, and replaced them with the 
market-economy purchase prices inclusive of ocean freight, which were 
submitted by Trelleborg Wheel Systems China after the Preliminary 
Results. However, we note that due to a miscalculation in the prices 
submitted, the Department corrected these values for the final 
results.\13\
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    \13\ See Final Results Analysis Memo at 2-3.
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     Adjusted the domestic inland truck freight distances for 
market economy purchases, per information Trelleborg Wheel Systems 
China submitted after the Preliminary Results.\14\
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    \14\ See id.
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Final Results Margin

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

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

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Assessment

    Upon issuance of the final results, the Department will 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 review. 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.\15\ Pursuant to this refinement 
in practice, for entries that were not reported in the U.S. sales 
databases submitted by the company individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the NME-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 NME-wide rate.\16\
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    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \16\ See id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of the subject merchandise from Trelleborg Wheel Systems 
China entered, or withdrawn from warehouse, for consumption on or after 
the publication date, as provided for by section 751(a)(2)(C) of the 
Act: (1) For subject merchandise produced and exported by Trelleborg 
Wheel Systems China, the cash deposit rate will be 0.00 percent; (2) 
for subject merchandise exported by Trelleborg Wheel Systems China but 
not manufactured by Trelleborg Wheel Systems China, the cash deposit 
rate will be the PRC-wide rate of 210.48 percent ; and (3) for subject 
merchandise manufactured by Trelleborg Wheel Systems China, but 
exported by any other party, the cash deposit rate will be the rate 
applicable to the exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also 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 duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

 Notification Regarding APO

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of BPI disclosed under APO in accordance 
with 19 CFR 351.305. Timely notification of return or 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 sanctionable violation.
    This determination is issued and published in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act.

    Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix--Issues for Final Results

Issue 1: Whether to Rescind the Review for non- Bona Fide sale
Issue 2: Whether to change the surrogate country from Indonesia to 
Thailand
Issue 3: Whether to revise the indirect selling expense ratio
Issue 4: Whether to continue to deny scrap tire and steel wire 
offsets

[FR Doc. 2013-13215 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P