Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 22396-22399 [2020-08540]
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22396
Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of the
firms contributed importantly to the
total or partial separation of the firms’
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
SUPPLEMENTARY INFORMATION:
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCE
[4/8/2020 through 4/14/2020]
Firm address
Technology For Humankind, LLC d/b/a
Filimin.
Zip Products, Inc ......................................
3913 North Rushwood Street, Wichita,
KS 67226.
565 Blossom Road, Rochester, NY
14610.
226 Upton Road, Colchester, CT 06415
International Cordage East, Ltd ...............
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Irette Patterson,
Program Analyst.
[FR Doc. 2020–08514 Filed 4–21–20; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that certain producers
and exporters of passenger vehicle and
light truck tires (passenger tires) from
the People’s Republic of China (China)
did not make sales of subject
merchandise at prices below normal
value (NV) during the period of review
AGENCY:
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Date accepted
for investigation
Firm name
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4/10/2020
The firm manufactures lamps.
4/10/2020
The firm manufactures metal parts.
4/14/2020
The firm manufactures nets and rope.
(POR) August 1, 2017 through July 31,
2018.
DATES: Applicable April 22, 2020.
FOR FURTHER INFORMATION CONTACT: Toni
Page, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1398.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2019, the Department
of Commerce (Commerce) published its
Preliminary Results of the
administrative review of the
antidumping duty order on passenger
tires from the China.1 The petitioners in
this case are United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (collectively, the petitioners). The
mandatory respondents in this
administrative review are Shandong
New Continent Tire Co., Ltd. (New
Continent) and Qingdao Odyking Tyre
Co., Ltd. (Odyking).
We invited interested parties to
comment on the Preliminary Results.
Subsequent to the Preliminary Results,
the petitioners; New Continent
(mandatory respondent); and various
separate rate entities submitted case and
rebuttal briefs.2
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review and Rescission, in Part;
2017–2018, 84 FR 55909 (October 18, 2019), and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
2 See Shandong Hengyu’s Letter, ‘‘Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China—Ministerial Error,’’
dated October 16, 2019; Petitioners’ Case Brief,
‘‘Case Brief Submitted on Behalf of the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union, AFL–CIO, CLC,’’ dated
December 2, 2019); Shandong New Continent Tire
PO 00000
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Product(s)
A complete summary of the events
that occurred since publication of the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, may be found in
the Issues and Decision Memorandum.3
The Issues and Decision Memorandum
is a public document and is available
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from China. A full description of
Co., Ltd.’s Case Brief, ‘‘Shandong New Continent
Tire Co., Ltd. Case Brief in the Third Administrative
Review of Antidumping Duty Order on Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China,’’ dated December 2, 2019; Pirelli
Tyre Co., Ltd. and Pirelli’s Case Brief, ‘‘Pirelli’s
Case Brief Certain Passenger Vehicle and Light
Truck Tires from China,’’ dated December 3, 2019;
Petitioners’ Rebuttal Brief, ‘‘Rebuttal Brief
Submitted on Behalf of the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union,
AFL–CIO, CLC,’’ dated December 9, 2019; New
Continent’s Rebuttal Brief, ‘‘Shandong New
Continent Tire Co., Ltd. Rebuttal Brief in the Third
Administrative Review of Antidumping Duty Order
on Passenger Vehicle and Light Truck Tires from
the People’s Republic of China,’’ dated December 9,
2019; and Haohua’s Comments in Lieu of Rebuttal
Brief, ‘‘Passenger Vehicle and Light Truck Tires
from China- Comments in Lieu of Rebuttal Case
Brief,’’ dated December 9, 2019.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Antidumping Duty
Administrative Review of Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China and Rescission, in part; 2017 2018,’’ issued
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices
the scope of the order is contained in
the Issues and Decision Memorandum.4
Separate Rates
In the Preliminary Results, we found
that evidence provided by New
Continent and other separate rate
candidates supported finding an
absence of both de jure and de facto
government control, and, therefore, we
preliminarily granted a separate rate to
each of these companies.5 We received
no information since the issuance of the
Preliminary Results that provides a basis
for reconsidering these determinations
with respect to New Continent and to
the other separate rate candidates.
Subsequent to the Preliminary
Results, Shandong Hengyu Science &
Technology Co., Ltd. (Shandong
Hengyu), informed Commerce that it did
not withdraw its request for selfexamination during the instant
administrative review. Therefore, for
these final results, we will not rescind
the administrative review with respect
to Shandong Hengyu. In addition, based
on our examination of Shandong
Hengyu’s Separate Rate Certification, we
determine that it demonstrated the
absence of both de jure and de facto
control over its operations by the
government and/or governmental
agencies of China.
Therefore, for the final results, we
continue to find that New Continent and
the other exporters listed below under
‘‘Final Results of Review’’ are eligible
for separate rates.
In addition, Commerce continues to
find that certain companies have not
demonstrated their entitlement to
separate rate status because: (1) They
withdrew their participation from the
administrative review; (2) they did not
rebut the presumption of de jure or de
facto government control of their
operations; or (3) did not timely file
their separate rate application and/or
certification.6 See Appendix II of this
Federal Register notice for a complete
list of companies not receiving a
separate rate.
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes for
these final results. Specifically, we have
made adjustments to the calculation of
the antidumping margin for New
Continent,7 and granted separate rate
status to Shandong Hengyu.8
Analysis of Comments Received
Final Results of Review
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Commerce finds that the following
weighted-average dumping margins
exist for the POR:
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 follows as an
appendix to this notice.
Adjustments for Export Subsidies
Commerce continues to adjust New
Continent’s U.S. price for export
subsidies, pursuant to 772(c)(1)(C) of the
Act for the final results.
Changes Since the Preliminary Results
Weightedaverage
dumping
margin
(percent)
Exporter
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Shandong New Continent Tire Co., Ltd ....................................................................................................................................................
Anhui Jichi Tire Co., Ltd ............................................................................................................................................................................
Crown International Corporation ................................................................................................................................................................
Hankook Tire China Co., Ltd .....................................................................................................................................................................
Jingsu Hankook Tire Co., Ltd ....................................................................................................................................................................
Kenda Rubber (China) Co., Ltd .................................................................................................................................................................
Kinforest Tyre Co., Ltd ..............................................................................................................................................................................
Mayrun Tyre (Hong Kong) Limited ............................................................................................................................................................
Qingdao Fullrun Tyre Corp., Ltd ................................................................................................................................................................
Qingdao Sunfulcess Tyre Co., Ltd ............................................................................................................................................................
Qingdao Transamerica Tire Industrial Co., Ltd .........................................................................................................................................
Shandong Anchi Tyres Co., Ltd ................................................................................................................................................................
Shandong Duratti Rubber Corporation Co., Ltd ........................................................................................................................................
Shandong Haohua Tire Co., Ltd ...............................................................................................................................................................
Shandong Hengyu Science & Technology Co., Ltd ..................................................................................................................................
Shandong Hongsheng Rubber Technology Co., Ltd ................................................................................................................................
Shandong Longyue Rubber Co., Ltd .........................................................................................................................................................
Shandong Province Sanli Tire Manufactured Co., Ltd ..............................................................................................................................
Winrun Tyre Co., Ltd .................................................................................................................................................................................
4 See Issues and Decision Memorandum at
‘‘Scope of the Order.’’
5 See Preliminary Results 84 FR 55909 at 55911.
6 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
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22397
of China: Final Separate Rate Status,’’ dated
concurrently with the instant notice.
7 See Issues and Decision Memorandum at
comments 1 and 5; and Memorandum,
‘‘Administrative Review of Certain Passenger
Vehicle and Light Truck Tires from the People’s
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Republic of China: Final Analysis Memorandum for
Shandong New Continent Tire Co., Ltd.,’’ dated
concurrently with the instant memorandum.
8 See Issues and Decision Memorandum at
comment 9.
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review.
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer-specific assessment rates, in
accordance with 19 CFR 351.212(b)(1).9
Where the respondent reported reliable
entered values, Commerce intends to
calculate importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer, and dividing
this amount by the total entered value
of the sales to the importer.10 Where the
importer did not report entered values,
Commerce intends to calculate an
importer-specific assessment rate by
dividing the amount of dumping for
reviewed sales to the importer by the
total sales quantity associated with
those transactions. Where an importerspecific ad valorem assessment rate is
not zero or de minimis, Commerce will
instruct CBP to collect the appropriate
duties at the time of liquidation. Where
either the respondent’s weighted
average dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.11
Pursuant to Commerce practice, for
entries that were not reported in the
U.S. sales database submitted by an
exporter individually examined during
this review, Commerce will instruct
CBP to liquidate such entries at the rate
for the China-wide entity.12
Additionally, if Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s CBP case number
9 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
10 See 19 CFR 351.212(b)(1).
11 See Final Modification, 77 FR at 8103.
12 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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17:59 Apr 21, 2020
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will be liquidated at the rate for the
China-wide entity.
For the companies for which this
review is rescinded, antidumping duties
will 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)(l)(i). Commerce will
issue appropriate assessment
instructions with respect to the
companies for which this review is
rescinded to CBP 15 days after the
publication of this notice.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
POR entries, and for future deposits of
estimated antidumping duties, where
applicable.
Cash Deposit Requirements
Commerce will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which NV exceeds U.S.
price. The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice, 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
established in the final results of this
review (except that, if the rate is de
minimis (i.e., less than 0.5 percent), then
the cash deposit rate will be zero for
that exporter); (2) for previously
investigated or reviewed China and nonChina exporters not listed above that
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recently
completed segment of this proceeding;
(3) for all China exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the China-wide entity (i.e., 76.46
percent); 13 and (4) for all non-China
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
13 See
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Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Russia Should be the
Primary Surrogate Country
Comment 2: Whether to Grant a Separate
Rate to Haohua
Comment 3: Whether to Grant Pirelli China
a Separate Rate
Comment 4: Whether Commerce has the
Authority to Establish a China-Wide
Entity Rate
Comment 5: Whether to Correct Alleged
Errors in New Continent’s Margin
Calculations
Comment 6: Whether to Correct Certain
‘‘Importer or Customer’’ names in New
Continent’s Draft Liquidation
Instructions
Comment 7: Whether to Continue to
Deduct Irrecoverable VAT from New
Continent’s Gross Unit Price
Comment 8: Whether to Grant a Double
Remedy Adjustment to New Continent
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices
Comment 9: Whether to Rescind the
Administrative Review of Shandong
Hengyu Science & Technology Co., Ltd.
V. Recommendation
Appendix II
List of Companies Not Receiving Separate
Rate Status
1. Pirelli Tyre Co., Ltd.
2. Qingdao Odyking Tyre Co., Ltd.
3. Tianjin Wanda Tyre Group Co., Ltd.
[FR Doc. 2020–08540 Filed 4–21–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
steel nails (nails) from the People’s
Republic of China (China) were sold in
the United States at less than normal
value (NV) during the period of review
(POR) August 1, 2017 through July 31,
2018.
DATES: Applicable April 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Annathea Cook or Benito Ballesteros,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0250 or
(202) 482–7425, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On October 18, 2019, Commerce
published in the Federal Register the
Preliminary Results of the
administrative review of the
antidumping duty order on nails from
China.1
In accordance with 19 CFR 351.309,
we invited parties to comment on our
Preliminary Results. On November 25,
2019, Shanxi Pioneer Hardware
Industrial Co., Ltd. (Pioneer), Shanxi
Hairui Trade Co., Ltd., SDC
1 See Certain Steel Nails from the People’s
Republic of China: Preliminary Results of the
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017–
2018, 84 FR 55906 (October 18, 2019) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum.
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17:59 Apr 21, 2020
Jkt 250001
International Aust. Pty. Ltd., and S-Mart
(Tianjin) Technology Development Co.,
Ltd. (collectively, Pioneer et al.),2 Mid
Continent Steel & Wire, Inc. (the
petitioner),3 The Stanley Works
(Langfang) Fastening Systems Co., Ltd.
and Stanley Black & Decker, Inc.
(Stanley B&D) (collectively, Stanley),4
and Building Material Distributors, Inc.,
Qingdao D&L Group Ltd., Shandong
Qingyun Hongyi Hardware Products
Co., Ltd., Dezhou Hualude Hardware
Products Co., Ltd., and Mingguang
Ruifeng Hardware Products Co., Ltd.
(collectively Building Material
Distributors et al.),5 submitted timelyfiled case briefs. On December 9, 2019,
Pioneer,6 the petitioner,7 and Stanley,8
submitted timely-filed rebuttal briefs.
Scope of the Order
The merchandise covered by the order
is nails from China. For a complete
description of the scope of this order,
see the Issues and Decision
Memorandum.9
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs filed by
interested parties in the Issues and
Decision Memorandum. Attached to this
notice, in Appendix II, is a list of the
issues which parties raised. The Issues
and Decision Memorandum is a public
document and is on file in the Central
Records Unit (CRU), Room B8024 of the
main Department of Commerce
building, as well as electronically via
Enforcement and Compliance’s
2 See Pioneer et al.’s Letter, ‘‘Certain Steel Nails
from the People’s Republic of China: Case Brief,’’
dated November 25, 2019.
3 See Petitioner’s Letter, ‘‘Certain Steel Nails from
the People’s Republic of China: Case Brief, dated
November 25, 2019.
4 See Stanley’s Letter, ‘‘Certain Steel Nails from
the People’s Republic of China; Tenth
Administrative Review; Case Brief of The Stanley
Works (Langfang) Fastening Systems Co., Ltd and
Stanley Black & Decker, Inc.,’’ dated November 25,
2019 .
5 See Building Material Distributors et al.’s Letter,
‘‘Certain Steel Nails from the People’s Republic of
China, 10th Administrative Review; Administrative
Case Brief,’’ dated November 25, 2019.
6 See Pioneer’s Letter, ‘‘Certain Steel Nails from
the People’s Republic of China: Rebuttal Case
Brief,’’ dated December 9, 2019 (Pioneer Rebuttal).
7 See Petitioner’s Letter, ‘‘Certain Steel Nails from
the People’s Republic of China: Rebuttal Brief,’’
dated December 9, 2019 (Petitioner Rebuttal).
8 See Stanley’s Letter, ‘‘Certain Steel Nails from
the People’s Republic of China; Tenth
Administrative Review; Rebuttal Brief of The
Stanley Works (Langfang) Fastening Systems Co.,
Ltd and Stanley Black & Decker, Inc.,’’ dated
December 9, 2019 (Stanley Rebuttal).
9 See Memorandum, ‘‘Certain Steel Nails from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results of the 2017–18
Antidumping Duty Administrative Review,’’ dated
April 15, 2020 (Issues and Decision Memorandum)
which is hereby adopted by this notice.
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22399
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, and for the reasons explained in
the Issues and Decision Memorandum,
we are revising the margin calculations
for Stanley and Pioneer. Accordingly,
for these final results, Commerce
updated the rate assigned to the nonselected companies, which is based on
an average of the rates for the three
mandatory respondents, Stanley,
Pioneer, and Tianjin Universal
Machinery Imp. & Exp. Corporation
(Universal), as discussed in the Issues
and Decision Memorandum. For a
discussion of these changes, see the
‘‘Changes Since the Preliminary
Results’’ section of the Issues and
Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that eleven
companies did not have any reviewable
transactions during the POR: Astrotech
Steels Pvt. Ltd.; Geeky Wires Limited;
Hebei Minmetals Co., Ltd.; Jinhai
Hardware Co., Ltd.; Nanjing Yuechang
Hardware Co., Ltd.; Region Industries
Co., Ltd.; Region System Sdn. Bhd.;
Shandong Oriental Cherry Hardware
Group Co., Ltd.; Shandong Oriental
Cherry Hardware Import & Export Co.,
Ltd.; Shanghai Jade Shuttle Hardware
Tools Co., Ltd.; and Zhangjiagang
Lianfeng Metals Products Co., Ltd.
Following the publication of the
Preliminary Results, we received no
comments from interested parties
regarding these companies, nor has any
party submitted record evidence which
would call our preliminary
determination into question. Therefore,
for these final results, we continue to
find that these eleven companies did
not have any reviewable transactions
during the POR. Consistent with our
practice, we will issue appropriate
instructions to U.S. Customs and Border
Protection (CBP) based on our final
results.
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]]>Agencies
[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22396-22399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08540]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck 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 certain
producers and exporters of passenger vehicle and light truck tires
(passenger tires) from the People's Republic of China (China) did not
make sales of subject merchandise at prices below normal value (NV)
during the period of review (POR) August 1, 2017 through July 31, 2018.
DATES: Applicable April 22, 2020.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2019, the Department of Commerce (Commerce)
published its Preliminary Results of the administrative review of the
antidumping duty order on passenger tires from the China.\1\ The
petitioners in this case are United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC (collectively, the petitioners). The
mandatory respondents in this administrative review are Shandong New
Continent Tire Co., Ltd. (New Continent) and Qingdao Odyking Tyre Co.,
Ltd. (Odyking).
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\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission, in Part; 2017-2018, 84 FR
55909 (October 18, 2019), and accompanying Preliminary Decision
Memorandum (Preliminary Results).
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We invited interested parties to comment on the Preliminary
Results. Subsequent to the Preliminary Results, the petitioners; New
Continent (mandatory respondent); and various separate rate entities
submitted case and rebuttal briefs.\2\
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\2\ See Shandong Hengyu's Letter, ``Certain Passenger Vehicle
and Light Truck Tires from the People's Republic of China--
Ministerial Error,'' dated October 16, 2019; Petitioners' Case
Brief, ``Case Brief Submitted on Behalf of the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO, CLC,'' dated December
2, 2019); Shandong New Continent Tire Co., Ltd.'s Case Brief,
``Shandong New Continent Tire Co., Ltd. Case Brief in the Third
Administrative Review of Antidumping Duty Order on Passenger Vehicle
and Light Truck Tires from the People's Republic of China,'' dated
December 2, 2019; Pirelli Tyre Co., Ltd. and Pirelli's Case Brief,
``Pirelli's Case Brief Certain Passenger Vehicle and Light Truck
Tires from China,'' dated December 3, 2019; Petitioners' Rebuttal
Brief, ``Rebuttal Brief Submitted on Behalf of the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO, CLC,'' dated
December 9, 2019; New Continent's Rebuttal Brief, ``Shandong New
Continent Tire Co., Ltd. Rebuttal Brief in the Third Administrative
Review of Antidumping Duty Order on Passenger Vehicle and Light
Truck Tires from the People's Republic of China,'' dated December 9,
2019; and Haohua's Comments in Lieu of Rebuttal Brief, ``Passenger
Vehicle and Light Truck Tires from China- Comments in Lieu of
Rebuttal Case Brief,'' dated December 9, 2019.
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A complete summary of the events that occurred since publication of
the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, may be found in the Issues
and Decision Memorandum.\3\ The Issues and Decision Memorandum is a
public document and is available electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
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\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Antidumping Duty Administrative Review of Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China
and Rescission, in part; 2017 2018,'' issued concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The products covered by the order are certain passenger vehicle and
light truck tires from China. A full description of
[[Page 22397]]
the scope of the order is contained in the Issues and Decision
Memorandum.\4\
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\4\ See Issues and Decision Memorandum at ``Scope of the
Order.''
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Separate Rates
In the Preliminary Results, we found that evidence provided by New
Continent and other separate rate candidates supported finding an
absence of both de jure and de facto government control, and,
therefore, we preliminarily granted a separate rate to each of these
companies.\5\ We received no information since the issuance of the
Preliminary Results that provides a basis for reconsidering these
determinations with respect to New Continent and to the other separate
rate candidates.
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\5\ See Preliminary Results 84 FR 55909 at 55911.
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Subsequent to the Preliminary Results, Shandong Hengyu Science &
Technology Co., Ltd. (Shandong Hengyu), informed Commerce that it did
not withdraw its request for self-examination during the instant
administrative review. Therefore, for these final results, we will not
rescind the administrative review with respect to Shandong Hengyu. In
addition, based on our examination of Shandong Hengyu's Separate Rate
Certification, we determine that it demonstrated the absence of both de
jure and de facto control over its operations by the government and/or
governmental agencies of China.
Therefore, for the final results, we continue to find that New
Continent and the other exporters listed below under ``Final Results of
Review'' are eligible for separate rates.
In addition, Commerce continues to find that certain companies have
not demonstrated their entitlement to separate rate status because: (1)
They withdrew their participation from the administrative review; (2)
they did not rebut the presumption of de jure or de facto government
control of their operations; or (3) did not timely file their separate
rate application and/or certification.\6\ See Appendix II of this
Federal Register notice for a complete list of companies not receiving
a separate rate.
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\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Final Separate Rate Status,'' dated concurrently
with the instant notice.
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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 follows as an appendix to this notice.
Adjustments for Export Subsidies
Commerce continues to adjust New Continent's U.S. price for export
subsidies, pursuant to 772(c)(1)(C) of the Act for the final results.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes for these final results. Specifically, we have made adjustments
to the calculation of the antidumping margin for New Continent,\7\ and
granted separate rate status to Shandong Hengyu.\8\
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\7\ See Issues and Decision Memorandum at comments 1 and 5; and
Memorandum, ``Administrative Review of Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Final
Analysis Memorandum for Shandong New Continent Tire Co., Ltd.,''
dated concurrently with the instant memorandum.
\8\ See Issues and Decision Memorandum at comment 9.
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Final Results of Review
Commerce finds that the following weighted-average dumping margins
exist for the POR:
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Weighted-
average
Exporter dumping
margin
(percent)
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Shandong New Continent Tire Co., Ltd........................ 0.00
Anhui Jichi Tire Co., Ltd................................... 0.00
Crown International Corporation............................. 0.00
Hankook Tire China Co., Ltd................................. 0.00
Jingsu Hankook Tire Co., Ltd................................ 0.00
Kenda Rubber (China) Co., Ltd............................... 0.00
Kinforest Tyre Co., Ltd..................................... 0.00
Mayrun Tyre (Hong Kong) Limited............................. 0.00
Qingdao Fullrun Tyre Corp., Ltd............................. 0.00
Qingdao Sunfulcess Tyre Co., Ltd............................ 0.00
Qingdao Transamerica Tire Industrial Co., Ltd............... 0.00
Shandong Anchi Tyres Co., Ltd............................... 0.00
Shandong Duratti Rubber Corporation Co., Ltd................ 0.00
Shandong Haohua Tire Co., Ltd............................... 0.00
Shandong Hengyu Science & Technology Co., Ltd............... 0.00
Shandong Hongsheng Rubber Technology Co., Ltd............... 0.00
Shandong Longyue Rubber Co., Ltd............................ 0.00
Shandong Province Sanli Tire Manufactured Co., Ltd.......... 0.00
Winrun Tyre Co., Ltd........................................ 0.00
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[[Page 22398]]
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the publication date of the final results of this review.
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer-specific assessment rates, in accordance with 19 CFR
351.212(b)(1).\9\ Where the respondent reported reliable entered
values, Commerce intends to calculate importer-specific ad valorem
assessment rates by aggregating the amount of dumping calculated for
all U.S. sales to the importer, and dividing this amount by the total
entered value of the sales to the importer.\10\ Where the importer did
not report entered values, Commerce intends to calculate an importer-
specific assessment rate by dividing the amount of dumping for reviewed
sales to the importer by the total sales quantity associated with those
transactions. Where an importer-specific ad valorem assessment rate is
not zero or de minimis, Commerce will instruct CBP to collect the
appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer-specific ad valorem assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\11\
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\9\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\10\ See 19 CFR 351.212(b)(1).
\11\ See Final Modification, 77 FR at 8103.
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Pursuant to Commerce practice, for entries that were not reported
in the U.S. sales database submitted by an exporter individually
examined during this review, Commerce will instruct CBP to liquidate
such entries at the rate for the China-wide entity.\12\ Additionally,
if Commerce determines that an exporter under review had no shipments
of the subject merchandise, any suspended entries that entered under
that exporter's CBP case number will be liquidated at the rate for the
China-wide entity.
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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For the companies for which this review is rescinded, antidumping
duties will 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)(l)(i).
Commerce will issue appropriate assessment instructions with respect to
the companies for which this review is rescinded to CBP 15 days after
the publication of this notice.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on POR entries, and for future deposits of estimated
antidumping duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which NV
exceeds U.S. price. The following cash deposit requirements will be
effective upon publication of the final results of this administrative
review for shipments of the subject merchandise from China entered, or
withdrawn from warehouse, for consumption on or after the publication
date of this notice, 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 established in the final results
of this review (except that, if the rate is de minimis (i.e., less than
0.5 percent), then the cash deposit rate will be zero for that
exporter); (2) for previously investigated or reviewed China and non-
China exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recently completed segment of this proceeding; (3) for all
China exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity (i.e., 76.46 percent); \13\ and (4) for all non-
China exporters of subject merchandise that have not received their own
rate, the cash deposit rate will be the rate applicable to the China
exporter that supplied that non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ See AD Order, 80 FR at 47904.
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Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties has occurred, and the subsequent assessment of
double antidumping duties and/or an increase in the amount of
antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Russia Should be the Primary Surrogate
Country
Comment 2: Whether to Grant a Separate Rate to Haohua
Comment 3: Whether to Grant Pirelli China a Separate Rate
Comment 4: Whether Commerce has the Authority to Establish a
China-Wide Entity Rate
Comment 5: Whether to Correct Alleged Errors in New Continent's
Margin Calculations
Comment 6: Whether to Correct Certain ``Importer or Customer''
names in New Continent's Draft Liquidation Instructions
Comment 7: Whether to Continue to Deduct Irrecoverable VAT from
New Continent's Gross Unit Price
Comment 8: Whether to Grant a Double Remedy Adjustment to New
Continent
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Comment 9: Whether to Rescind the Administrative Review of
Shandong Hengyu Science & Technology Co., Ltd.
V. Recommendation
Appendix II
List of Companies Not Receiving Separate Rate Status
1. Pirelli Tyre Co., Ltd.
2. Qingdao Odyking Tyre Co., Ltd.
3. Tianjin Wanda Tyre Group Co., Ltd.
[FR Doc. 2020-08540 Filed 4-21-20; 8:45 am]
BILLING CODE 3510-DS-P
