[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Notices]
[Page 46917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19191]
[[Page 46917]]
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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.
EFFECTIVE DATE: August 4, 2010.
FOR FURTHER INFORMATION CONTACT: Andrea Staebler Berton or Raquel
Silva, 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 or (202) 482-6475, respectively.
SUPPLEMENTARY INFORMATION:
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 29, 2009, Qingdao
Free Trade Zone Full World International Trading Co., Ltd. (``Full-
World''), exporter of OTR tires, requested that the Department conduct
an administrative review of its exports to the United States during the
POR. The Department received timely requests for review for fourteen
additional exporters: Aeolus Tyre Co., Ltd. (``Aeolus''); Guizhou Tire
I&E Corporation, Guizhou Tyre Co., Ltd., and Guizhou Advanced Rubber
Co., Ltd. (collectively ``GTC''); Hanghzou Zhongce Rubber Co., Ltd.;
Hebei Starbright Tire Co., Ltd. (``Starbright''); Innova Rubber Co.,
Ltd. (``Innova''); Jiangsu Feichi Co., Ltd. (``Feichi''); KS Holding
Limited and KS Resources Limited (collectively ``KS Ltd.''); Laizhou
Xiongying Rubber Industry Co., Ltd.; Qingdao Taifa Group Co., Ltd.;
Shangdong Huitong Tyre Co., Ltd. (``Huitong''); Triangle Tyre Co., Ltd.
(``Triangle''); Tianjin Wanda Tyre Group (``Wanda''); Tianjin United
Tire &Rubber International Co., Ltd. (``TUTRIC''); 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 May 21, 2010, the Department rescinded
the administrative reviews of OTR tires with respect to GTC's,
TUTRIC's, Feichi's, Huitong's, Aeolus', Triangle's, Wanda's, and
Innova's exports. See New Pneumatic Off-the-Road Tires From the
People's Republic of China: Notice of Partial Rescission of Antidumping
Duty Administrative Review, 75 FR 28567 (May 21, 2010). On May 26,
2010, Full-World withdrew its request for an administrative review of
its exports. In spite of the fact that Full-World missed the 90-day
deadline, we are extending the time limit and accepting the request
because the Department has not invested significant resources into the
analysis of Full-World's responses. In fact, Full-World had not
submitted any questionnaire responses prior to its request to rescind
the review with respect to its exports. Because no additional party
requested a review of Full-World's exports, the Department hereby
rescinds the administrative review of OTR tires with respect to this
entity in accordance with 19 CFR 351.213(d)(1). This administrative
review will continue with respect to Starbright, Hanghzou Zhongce
Rubber Co., Ltd., KS Ltd., Laizhou Xiongying Rubber Industry 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
Full-World, which 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.
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: July 23, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-19191 Filed 8-3-10; 8:45 am]
BILLING CODE 3510-DS-S