[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18733-18736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08011]


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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 Administrative 
Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce (Commerce).

SUMMARY: On October 14, 2016, the Department of Commerce 
(``Department'') published the preliminary results of the seventh 
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'') and provided to interested parties an opportunity to 
comment on these preliminary results. Based on our analysis of the 
comments received, we made certain changes in the margin calculation 
regarding one mandatory respondent, Xuzhou Xugong Tyres Co., Ltd. 
(``Xugong''). We also continue to find that the other mandatory 
respondent, Guizhou Tyre Co., Ltd. (``GTC''), is not eligible for 
separate rate status and, thus, is part of the PRC-wide entity. The 
final dumping margins for this review are listed in the ``Final 
Results'' section of this notice, below.

DATES: Effective April 21, 2017.

FOR FURTHER INFORMATION CONTACT: Amanda Mallott or 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) 482-6430 and (202) 482-5139, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 14, 2016, the Department published its Preliminary 
Results of the antidumping duty administrative review of OTR tires from 
the PRC.\1\ In accordance with 19 CFR 351.309, we invited interested 
parties to comment on the preliminary results. On December 22, 2016, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (``the Act''), the Department extended the period for issuing 
the final results of this review by sixty-days, to April 12, 2017.\2\
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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 
Administrative Review; 2014-2015, 81 FR 71068 (October 14, 2016) 
(``Preliminary Results'') and accompanying ``Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review: 
Certain New Pneumatic Off-the-Road Tires from the People's Republic 
of China; 2014-2015,'' dated October 5, 2016 (``PDM'').
    \2\ See Memorandum to Christian Marsh titled, Certain New 
Pneumatic Off-the-Road Tires from the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2014-2015, dated December 22, 2016.
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    We received case briefs from Titan Tire Corporation and the United 
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO-CLC 
(``Petitioners''), the mandatory respondents Xuzhou Xugong Tyres Co., 
Ltd. (``Xugong'') \3\ and Guizhou Tyre Co.,

[[Page 18734]]

Ltd. (``GTC''),\4\ and separate rate applicants Aeolus Tyre Co., Ltd. 
(``Aeolus'') and Qingdao Free Trade Zone Full-World International 
Trading Co., Ltd. (``Qingdao FTZ''). We received rebuttal briefs from 
Petitioners, Xugong, GTC, and separate rate applicants Zhongce Rubber 
Group Company Limited (``Zhongce'') and Qingdao Jinhaoyang 
International Co., Ltd. (``Jinhaoyang''). On February 15, 2017, the 
Department held a public hearing at the request of interested parties. 
For a further discussion of the events that occurred in this 
investigation subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\5\
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    \3\ The Department previously collapsed Xugong and its 
affiliates Xuzhou Armour Rubber Company Ltd. (``Armour'') and Xuzhou 
Hanbang Tyre Co., Ltd. (``Hanbang'') into a single entity; see 
Certain New Pneumatic Off-The-Road Tires From The People's Republic 
Of China: Preliminary Results Of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 61166, 61167 (October 9, 2015), unchanged 
in Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2013-2014, 81 FR 23272 (April 20, 2016). This decision is 
unchallenged in the instant review; thus, the Department continues 
to treat Xugong, Armour, and Hanbang as a single entity 
(collectively, ``Xugong'').
    \4\ In the initial investigation, the Department collapsed GTC 
and Guizhou Tyre Import and Export Corporation (``GTCIE'') into a 
single entity, see Certain New Pneumatic Off-The-Road Tires From the 
People's Republic of China; Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 73 FR 
9278, 9283 (February 20, 2008), unchanged in Certain New Pneumatic 
Off-The-Road Tires from the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value and 
Partial Affirmative Determination of Critical Circumstances, 73 FR 
40485 (July 15, 2008). This decision is unchallenged in the instant 
review; thus, the Department continues to treat GTC and GTCIE as a 
single entity (collectively, ``GTC'').
    \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, ``Issues and Decision 
Memorandum for Final Results of Antidumping Duty Administrative 
Review: Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China; 2014-2015,'' adopted by and dated concurrently 
with this notice (``Issues and Decision Memorandum'').
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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 Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum is attached as Appendix I to this notice. The Issues and 
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 http://access.trade.gov and it 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 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Determination of No Shipments

    As noted in the Preliminary Results, we received a no-shipment 
certification from Trelleborg Wheel Systems Hebei Co. (``TWS 
Hebei'').\6\ Consistent with its practice, the Department asked U.S. 
Customs and Border Protection (``CBP'') to conduct a query on potential 
shipments made by TWS Hebei during the POR. CBP did not provide any 
evidence contradicting TWS Hebei's no-shipment claim.\7\ No interested 
party provided comments on this issue. Thus, based on TWS Hebei's 
certification and our analysis of information received from CBP, we 
determine that TWS Hebei did not have any reviewable transactions 
during the POR.
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    \6\ See Preliminary Results, 81 FR at 71068.
    \7\ See CBP Message Number 6207309, dated July 25, 2016.
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Separate Rates

    In the Preliminary Results, we determined that Shiyan Desizheng 
Industry & Trade Co., Ltd. (``Desizheng''), Sailun Jinyu Group Co., 
Ltd. (``Sailun''), Weifang Jintongda Tyre Co., Ltd. (``Jintongda''), 
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. (``TWS Xingtai''), 
Weihai Zhongwei Rubber Co., Ltd. (``Zhongwei''), Zhongce, Qingdao 
Qihang Tyre Co. (``Qihang''), Jinhaoyang, and Qingdao FTZ are eligible 
for separate-rate status. We also preliminarily determined that Aeolus, 
Tianjin Leviathan International Trade Co., Ltd. (``Leviathan''), and 
GTC were not eligible for a separate rate, and are thus part of the 
PRC-wide entity.\8\ We made no changes to these determinations for the 
final results. For further discussion, see Issues and Decision 
Memorandum at Comment 1.
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    \8\ See Preliminary Results, 81 FR at 71069-70, and accompanying 
PDM at the ``Separate Rates'' section.
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Rate for Non-Individually-Examined Separate Rate Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be assigned to respondents not selected for 
individual examination when the Department limits its examination of 
companies subject to the administrative review pursuant to section 
777A(c)(2)(B) of the Act. Generally, 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. Section 735(c)(5)(A) of the Act articulates a preference for 
not calculating an all-others rate using rates which are zero, de 
minimis, or based entirely on facts available.\9\ Accordingly, 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 that are zero, de minimis, or based entirely on facts 
available.\10\ In this review, we have calculated a weighted-average 
dumping margin for Xugong that is above de minimis and not based 
entirely on facts available. Therefore, consistent with the 
Department's practice, we have assigned to Desizheng, Jinhaoyang, 
Jintongda, Sailun, Qingdao FTZ, Qihang, TWS Xingtai, Zhongwei, and 
Zhongce the weighted-average dumping margin calculated for Xugong as 
the separate rate for this review.
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    \9\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
    \10\ 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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Changes Since the Preliminary Results

    Based on an analysis of the comments received, we made certain 
calculation changes and revisions to the valuation of certain factors 
of production since the Preliminary Results with respect to Xugong's 
margin calculation, and have updated Xugong's margin accordingly. For 
further details on the changes made

[[Page 18735]]

since the Preliminary Results, see the Issues and Decision 
Memorandum.\11\
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    \11\ See also Memorandum to the File, ``Final Results of the 
2014-2015 Administrative Review of the 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 
notice; and Memorandum to the File, ``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 concurrently with this notice.
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    In light of changes made since the Preliminary Results which 
altered Xugong's margin, we have updated the separate rate that was 
preliminarily assigned to Desizheng, Jinhaoyang, Jintongda, Sailun, 
Qingdao FTZ, Qihang, TWS Xingtai, Zhongwei, and Zhongce to reflect 
Xugong's margin for the final results.

Final Results

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist for the period 
September 1, 2014, through August 31, 2015:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
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Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company               33.08
 Ltd., or Xuzhou Hanbang Tyre Co., Ltd...............
Shiyan Desizheng Industry & Trade Co., Ltd...........              33.08
Qingdao Jinhaoyang International Co., Ltd............              33.08
Sailun Jinyu Group Co., Ltd..........................              33.08
Weifang Jintongda Tyre Co., Ltd......................              33.08
Zhongce Rubber Group Company Limited.................              33.08
Weihai Zhongwei Rubber Co., Ltd......................              33.08
Qingdao Qihang Tyre Co...............................              33.08
Qingdao Free Trade Zone Full-World International                   33.08
 Trading Co., Ltd....................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd....              33.08
------------------------------------------------------------------------

    Additionally, as in the Preliminary Results, the Department 
determines that Guizhou Tyre Co., Ltd. and Guizhou Tyre Import and 
Export Corporation, Aeolus Tyre Co., Ltd., and Tianjin Leviathan 
International Trade Co., Ltd., are part of the PRC-wide entity.

Disclosure

    We intend to disclose the calculations performed regarding these 
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).\12\ The 
Department intends to issue assessment instructions directly to CBP 15 
days after the date of publication of these final results of 
administrative review.
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    \12\ 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 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 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.\13\ 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.\14\ 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.\15\ For the non-
examined separate rate companies, we will instruct CBP to liquidate all 
appropriate entries at 33.08 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.\16\ 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.\17\ 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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    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ See 19 CFR 351.212(b)(1).
    \16\ 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).
    \17\ 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 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 ``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; 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

[[Page 18736]]

exporter(s) that supplied that non-PRC exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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 final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 12, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. List of Comments
VI. Discussion of the Issues
    Comment 1: Separate Rates
    A. Whether to Grant Aeolus a Separate Rate
    B. Whether to Grant GTC a Separate Rate
    C. Whether to Grant Jinhaoyang a Separate Rate
    D. Whether to Grant Zhongce a Separate Rate
    Comment 2: Calculation of the Cost of Tube and Flap Inputs for 
Xugong
    Comment 3: Surrogate Value for Smoked Sheet Natural Rubber
    Comment 4: Surrogate Value for Inland Truck Freight
    Comment 5: Surrogate Value for Carbon Black
    Comment 6: Surrogate Value for Tire Valves
    Comment 7: Warehousing Expense Calculation for Xugong
    Comment 8: Whether to Adjust Xugong's U.S. Prices for 
Irrecoverable Value Added Tax
    Comment 9: Additional Comments Raised by GTC
VII. Recommendation

[FR Doc. 2017-08011 Filed 4-20-17; 8:45 am]
 BILLING CODE 3510-DS-P