[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28567-28568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12295]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
New Pneumatic Off-the-Road Tires From the People's Republic of
China: Notice of Partial Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 21, 2010.
FOR FURTHER INFORMATION CONTACT: Andrea Staebler Berton, 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-
4037.
Background
On September 1, 2009, the Department of Commerce (``the
Department'') published a notice of opportunity to request an
administrative review of the antidumping duty order on New Pneumatic
Off-the-Road Tires (``OTR tires'') from the People's Republic of China
(``PRC'') for the period of review (``POR'') February 20, 2008, through
August 31, 2009. See Antidumping or Countervailing Duty Order, Finding,
or Suspended Investigation: Opportunity to Request Administrative
Review, 74 FR 45179 (September 1, 2009). On September 28, 2009, Guizhou
Tire I&E Corporation, Guizhou Tyre Co., Ltd., and Guizhou Advanced
Rubber Co., Ltd. (collectively ``GTC''), exporters of OTR tires,
requested that the Department conduct an administrative review of its
exports to the United States during the POR. On September 29, 2009, GPX
International Tire Corporation (``GPX''), an importer of OTR tires,
requested that the Department conduct an administrative review of OTR
tires exports from the following entities: GTC; Hebei Starbright Tire
Co., Ltd. (``Starbright''); Tianjin United Tire & Rubber International
Co., Ltd. (``TUTRIC''); Jiangsu Feichi Co., Ltd. (``Feichi'');
Shangdong Huitong Tyre Co., Ltd. (``Huitong''); Aeolus Tyre Co., Ltd.
(``Aeolus''); Triangle Tyre Co., Ltd. (``Triangle''); and Tianjin Wanda
Tyre Group (``Wanda''). On September 30, 2009, Super Grip, an importer
of OTR tires, and Innova Rubber Co., Ltd. (``Innova''), a PRC exporter
and producer of OTR tires, requested that the Department conduct an
administrative review of Innova's exports. Also on September 30, 2009,
TUTRIC, a PRC exporter of OTR tires, requested that the Department
conduct an administrative review of its own exports. The Department
received timely requests for review for six additional exporters:
Hanghzou Zhongce Rubber Co., Ltd., KS Holding Limited and KS Resources
Limited, Laizhou Xiongying Rubber Industry Co., Ltd., Qingdao Free
Trade Zone Full World International Trading Co., Ltd., Qingdao Taifa
Group Co., Ltd., and Weihai Zhongwei Rubber Co., Ltd. The Department
then published in the Federal Register the initiation notice for the
antidumping duty administrative review of OTR tires from the PRC for
the 2008-2009 POR. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, Request for Revocation in Part, 74 FR
54956 (October 26, 2009).
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. The
Secretary may also extend this time limit if the Secretary decides that
it is reasonable to do so. On November 20, 2009, GPX
[[Page 28568]]
timely withdrew its request for an administrative review of exports
from GTC, TUTRIC, Feichi, Huitong, Aeolus, Triangle, and Wanda (i.e.,
within 90 days of the publication of the notice of initiation of this
review). On November 24, 2009, Super Grip and Innova timely withdrew
their requests for an administrative review of exports from Innova. On
December 10, 2009, GTC timely withdrew its request for an
administrative review of its exports. On February 24, 2010, TUTRIC
withdrew its request for an administrative review of its exports. In
spite of the fact that TUTRIC missed the deadline, we are accepting the
request because the Department has not invested significant recourses
into the analysis of TUTRIC's responses. Because no additional party
requested a review of GTC's, TUTRIC's, Feichi's, Huitong's, Aeolus',
Triangle's, Wanda's, and Innova's exports, the Department hereby
rescinds the administrative review of OTR tires with respect to these
entities in accordance with 19 CFR 351.213(d)(1). This administrative
review will continue with respect to Starbright, Hanghzou Zhongce
Rubber Co., Ltd., KS Holding Limited and KS Resources Limited, Laizhou
Xiongying Rubber Industry Co., Ltd., Qingdao Free Trade Zone Full World
International Trading Co., Ltd., Qingdao Taifa Group Co., Ltd. and
Weihai Zhongwei Rubber Co., Ltd.
Assessment Rates
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries. For
GTC, TUTRIC, Feichi, Huitong, Aeolus, and Triangle, which each had
previously established eligibility for a separate rate, antidumping
duties shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2). The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Because Wanda and Innova remain part of the PRC entity, their
respective entries may be under review in the ongoing administrative
review. Accordingly, the Department will not order liquidation of
entries for Wanda or Innova. The Department intends to issue assessment
instructions for the PRC entity, which will cover any entries by Wanda
and Innova, 15 days after publication of the final results of the
ongoing administrative review.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
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 Secretary's
assumption that reimbursement of antidumping duties occurred and
subsequent assessment of double antidumping duties.
This notice is issued and published in accordance with section
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: May 14, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-12295 Filed 5-20-10; 8:45 am]
BILLING CODE 3510-DS-P