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]

Download as PDF 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: khammond on DSKJM1Z7X2PROD with NOTICES Date accepted for investigation Firm name VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 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 Frm 00004 Fmt 4703 Sfmt 4703 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://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). E:\FR\FM\22APN1.SGM 22APN1 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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. E:\FR\FM\22APN1.SGM 22APN1 22398 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 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 PO 00000 AD Order, 80 FR at 47904. Frm 00006 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22APN1.SGM 22APN1 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: khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 22399 Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. 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. E:\FR\FM\22APN1.SGM 22APN1

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]


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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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 
http://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Final Results of Review

    Commerce finds that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------


[[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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \13\ See AD Order, 80 FR at 47904.
---------------------------------------------------------------------------

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

[[Page 22399]]

    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