[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Notices]
[Pages 14919-14920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6456]
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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: Notice of Partial Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 18, 2011.
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Frances Veith, 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-
6475 or (202) 482-4295, respectively.
Background
On September 1, 2010, the Department of Commerce (``the
Department'') published a notice of opportunity to request an
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'') for the period of review (``POR'') September 1,
2009, through August 31, 2010. See Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 75 FR 53635 (September 1, 2010). On September
17, 2010, Mai Shandong Radial Tyre Co., Ltd. (``Mai Shandong'') an
exporter of subject merchandise, requested that the Department conduct
an administrative review of its exports to the United States during the
POR. On September 27, 2010, Qingdao Free Trade Zone Full World
International Trading Co., Ltd. (``Full World''), an exporter of
subject merchandise, also requested a review of its own exports. On
September 30, 2010, Bridgestone Americas, Inc. and Bridgestone Americas
Tire Operations, LLC (collectively ``Bridgestone''), a domestic
interested party to the proceeding, requested that the Department
conduct an administrative review of OTR tire exports from the following
entities: (1) Hangzhou Zhongce Rubber Co., Ltd. (``Hangzhou Zhongce''),
(2) Hebei Starbright Tire Co., Ltd. (``Starbright''), (3) KS Holding
Limited/KS Resources Limited (``KS Holding''), (4) Laizhou Xiongying
Rubber Industry Co., Ltd. (``Laizhou Xiongying''), (5) Qingdao Taifa
Group Co., Ltd. (``Qingdao Taifa''), (6) Tianjin United Tire & Rubber
International Co., Ltd. (``TUTRIC''), and (7) Weihai Zhongwei Rubber
Co., Ltd. (``Weihai Zhongwei''). On September 30, 2011, Guizhou Tyre
Co., Ltd., Guizhou Advance Rubber Co., Ltd. and Guizhou Tyre Import and
Export Corporation (collectively, ``GTC'') requested an administrative
review of its own OTR tire exports. 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 2009-2010 POR.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 75 FR 66349 (October 28, 2010).
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 15, 2010, GTC timely withdrew
its request for a review of its exports. On January 24, 2011, Full
World timely withdrew its request for a review of its exports. On
January 26, 2011, Bridgestone timely withdrew its request for review of
Starbright, Hangzhou Zhongce, KS Holding, Laizhou Xiongying, and
Qingdao Taifa.
On February 17, 2011, Mai Shandong withdrew its request for a
review of its exports. Although the deadline to withdraw requests for
review was January 26, 2011, the Department notes that this
administrative review remains in its early stages, and significant
resources have not yet been expended on this review as a whole.
Therefore, the Department is accepting Mai Shandong's withdrawal.
Because no additional party requested a review of GTC, Starbright,
Hangzhou Zhongce, KS Holding, Laizhou Xiongying, Qingdao Taifa, Full
World, and Mai Shandong, 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 TUTRIC and Weihai Zhongwei because requests
for review of these companies remain.
Assessment Rates
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries. For
GTC, Starbright, KS Holding, Laizhou Xiongying, and Full World, 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 Hangzhou Zhongce, Qingdao Taifa, and Mai Shandong 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 Hangzhou Zhongce, Qingdao Taifa, or
Mai Shandong. The Department intends to issue assessment instructions
for the PRC entity, which will cover any entries by Hangzhou Zhongce,
Qingdao Taifa, and Mai Shandong, 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
[[Page 14920]]
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: March 14, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-6456 Filed 3-17-11; 8:45 am]
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