[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59770-59771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24220]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) finds 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), did not sell merchandise in the United States at prices 
below normal value during the period of review (POR) September 1, 2017 
through August 31, 2018.

DATES: Applicable November 6, 2019.

FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-5139.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on August 23, 2019.\1\ We invited interested parties to comment 
on the Preliminary Results; however, no interested party submitted 
comments.
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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; 2017-2018, 84 FR 44283 (August 23, 2019) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
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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. A full description of the scope of the order 
is contained in the Preliminary Decision Memorandum.\2\
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    \2\ See Preliminary Results, PDM at 3-5.
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Separate Rates

    In our Preliminary Results, Commerce determined that information 
placed on the record by Zhongwei and Qingdao Honghua Tyre Factory 
(Honghua) demonstrates that these companies are entitled to separate 
rate status,\3\ which we preliminarily granted.\4\ We received no 
comments since the issuance of the Preliminary Results that provide a 
basis for reconsidering the determination with respect to the separate 
rate status of these entities. Therefore, for the final results, we 
continue to find that Zhongwei and Honghua are eligible for a separate 
rate.
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    \3\ See Zhongwei's March 11, 2019 Section A Questionnaire 
Response at 2-14; see also Honghua's Letter, ``Separate Rate 
Application: Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China,'' dated December 14, 2018.
    \4\ See Preliminary Results, PDM at 9-13.
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Changes Since the Preliminary Results

    As noted above, we received no comments in response to the 
Preliminary Results. Accordingly, for the purposes of these final 
results, Commerce has made no changes to the Preliminary Results.

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margins exist for the POR from September 1, 2017 through August 31, 
2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Weihai Zhongwei Rubber Co., Ltd.............................        0.00
Qingdao Honghua Tyre Factory................................        0.00
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    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\5\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the China-wide 
entity. Because no party requested a review of the China-wide entity in 
this review, and we did not self-initiate a review, the entity is not 
under review and the entity's rate is not subject to change (i.e., 
105.31 percent).\6\
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    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \6\ The China-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).
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    Where the rates for the individually examined companies are all 
zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Tariff Act of 1930, as amended (the Act) provides 
that Commerce may use ``any reasonable method'' to establish the all-
others rate. As the margin calculated for the mandatory respondent, 
Zhongwei, is zero, we assigned Honghua, the sole separate-rate 
respondent not selected for individual examination in this review, a 
separate rate margin based on Zhongwei's weighted-average dumping 
margin, which we find to be reasonable and consistent with practice.\7\
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    \7\ See, e.g., Multilayered Wood Flooring from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review, Final Determination of No Shipments, and Partial Rescission; 
2015-2016, 83 FR 35461, 35462 (July 26, 2018) (citing Albemarle 
Corp. v. United States, 821 F. 3d 1345 (Fed. Cir. 2016)).
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Disclosure

    Commerce normally discloses the calculations performed regarding 
these final results to parties in this proceeding

[[Page 59771]]

within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224(b). However, because no changes were 
made to the preliminary calculations, we refer parties to the 
preliminary disclosure calculation memoranda.\8\
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    \8\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China; 2017-2018: Preliminary Results Surrogate 
Value Memorandum,'' dated August 16, 2019; see also Memorandum, 
``Analysis Memorandum for the Preliminary Results of the 2017-2018 
Review of the Antidumping Duty Order on Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Weihei Zhongwei 
Rubber Co., Ltd.,'' dated August 16, 2019.
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Assessment Rates

    Commerce will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b). Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this review in the Federal Register.
    For any individually examined respondent whose (estimated) ad 
valorem weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent), Commerce will calculate importer-
specific ad valorem assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\9\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate calculated is not zero or de 
minimis. Where either the respondent's ad valorem weighted-average 
dumping margin is zero or de minimis, or an importer-specific ad 
valorem assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\10\
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    \9\ In these final results, Commerce 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).
    \10\ See 19 CFR 351.212(b)(1).
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Cash Deposit Requirements

    Because the antidumping duty order on OTR tires from China was 
revoked,\11\ Commerce will not issue cash deposit instructions at the 
conclusion of this administrative review.
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    \11\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Final Results of Sunset Reviews and 
Revocation of Antidumping Duty and Countervailing Duty Orders, 84 FR 
20616 (May 10, 2019).
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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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a final 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.

Notification to Interested Parties

    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: October 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-24220 Filed 11-5-19; 8:45 am]
BILLING CODE 3510-DS-P