Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Preliminary Determination of No Shipments; and Rescission, in Part; 2018-2019, 36831-36834 [2020-13157]

Download as PDF Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices extension for a currently approved information collection in support of the program for Fire and Rescue Loans. DATES: Comments on this notice must be received by August 17, 2020 to be assured of consideration. FOR FURTHER INFORMATION CONTACT: Pamela Bennett, Rural Development Innovation Center, Regulations Management Division, U.S. Department of Agriculture, 1400 Independence Avenue SW, STOP 0793, Room 4015 South Building, Washington, DC 20250– 0793. Telephone: (202) 720–9639. Email: pamela.bennett@usda.gov. SUPPLEMENTARY INFORMATION: The Office of Management and Budget’s (OMB) regulation (5 CFR part 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS is submitting to OMB for approval. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) Ways to enhance the quality, utility and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent by the Federal eRulemaking Portal: Go to http:// www.regulations.gov and, in the lower ‘‘Search Regulations and Federal Actions’’ box, select ‘‘Rural Housing Service’’ from the agency drop-down menu, then click on ‘‘Submit.’’ In the Docket ID column, select RHS–20–CF– 0014 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site’s ‘‘User Tips’’ link. Title: Fire and Rescue Loans. OMB Number: 0575–0120. VerDate Sep<11>2014 17:40 Jun 17, 2020 Jkt 250001 Type of Request: Revision of a currently approved information collection. Abstract: The Fire and Rescue Loan program is authorized by Section 306 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926) to make loans to public entities, nonprofit corporations, and Indian tribes for the development of community facilities for public use in rural areas and is covered by 7 CFR 1942–C. The primary regulation for administering the Community Facilities program is 7 CFR 1942–A (OMB Number 0575–0015) that outlines eligibility, project feasibility, security, and monitoring requirements. The Community Facilities fire and rescue program has been in existence for many years. This program has financed a wide range of fire and rescue projects varying in size and complexity from construction of a fire station with fire fighting and rescue equipment to financing a 911 emergency system. These facilities are designed to provide fire protection and emergency rescue services to rural communities. Information will be collected by the field offices from applicants, borrowers, and consultants. This information will be used to determine applicant/ borrower eligibility, project feasibility, and to ensure borrowers operate on a sound basis and use funds for authorized purposes. Failure to collect proper information could result in improper determination of eligibility, improper use of funds, and/or unsound loans. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 2.10 hours per response. Respondents: Not-for-profit institutions, State, local, or tribal governments. Estimated Number of Respondents: 1,000. Estimated Number of Responses per Respondent: 3.75. Estimated Number of Responses: 3,746. Estimated Total Annual Burden on Respondents: 7,881 hours. Copies of this information collection can be obtained from Pamela Bennett, Rural Development Innovation Center, Regulations Management Division, at (202) 720–9639. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Bruce Lammers, Administrator, Rural Housing Service. [FR Doc. 2020–13182 Filed 6–17–20; 8:45 am] BILLING CODE 3410–XV–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 36831 DEPARTMENT OF COMMERCE International Trade Administration [A–570–016] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Preliminary Determination of No Shipments; and Rescission, in Part; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain producers and exporters of passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) August 1, 2018 through July 31, 2019. DATES: Applicable June 18, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Dunne or 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) 482–2328 or (202) 482–1398, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 10, 2015, Commerce issued an antidumping duty (AD) order on passenger tires from China.1 Several interested parties requested that Commerce conduct an administrative review of the AD Order. On October 7, 2019, Commerce published in the Federal Register a notice of initiation of an administrative review of the AD Order for 28 companies producers/ exporters for the POR.2 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these results until June 22, 2020.3 1 See Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902 (August 10, 2015) (AD Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 53411 (October 7, 2019). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to Covid-19,’’ dated April 24, 2020. E:\FR\FM\18JNN1.SGM 18JNN1 36832 Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices Scope of the AD Order The products covered by the order are certain passenger vehicle and light truck tires from China. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.4 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public 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 Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. (1) Shandong Wanda Boto Tyre Co., Ltd.; (2) Cooper (Kunshan) Tire Co., Ltd.; (3) Shandong Guofeng Ruber Plastics Co., Ltd; (4) Hankook Tire China Co., Ltd; (5) Jiangsu Hankook Tire Co., Ltd.; (6) Haohua Orient International Trade Ltd.; (7) Qingdao Lakesea Tyre Co., Ltd.; (8) Riversun Industry Limited; (9) Windforce Tyre Co., Limited; (10) Qingdao Keter International Co.; (11) Shangdong Hengyu Science & Technology Co., Ltd.; (12) Shangdong New Continent Tire Co., Ltd.; (13) Pirelli Tyre Co., Ltd.; (14) Triangle Tyre 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China, Preliminary Determination of No Shipments; and Rescission, in part; 2018–2019,’’ issued concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011); and the ‘‘Assessment Rates’’ section, below. VerDate Sep<11>2014 17:40 Jun 17, 2020 Jkt 250001 Co., Ltd.; (15) Safe & Well (HK) International Trading Limited; and (16) Zhaoqing Junhong Co. Ltd. withdrew their respective requests for an administrative review within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the AD Order with respect to the aforementioned companies. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the AD Order on passenger tires from China with respect to the 16 companies listed above. Preliminary Determination of No Shipments Based on an analysis of U.S. Customs and Border Protection (CBP) information, Commerce preliminarily determines that one company under review, Shandong Duratti Rubber Corporation Co., Ltd., had no shipments during the POR. Qingdao Fullrun Tyre Corp., Ltd. and Shandong Anchi Tyres Co., Ltd. each filed no-shipment certifications; however, our analysis of CBP information contradicts these claims. For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with an announced refinement to its assessment practice in NME cases, Commerce is not rescinding this review, in part, but intends to complete the review with respect to the companies for which it has preliminarily found no shipments and issue appropriate instructions to CBP based on the final results of the review.5 China-Wide Entity Under Commerce’s current policy regarding the conditional review of the China-wide entity, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity.6 Because no party requested a review of the China-wide entity in this review, the entity is not under review and the entity’s rate is not subject to change (i.e., 76.46 percent).7 6 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 7 See AD Order, 80 FR at 47904, n.19. 8 See, e.g., Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2015–2016, 81 FR 62717 (September 12, PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Separate Rates Commerce finds that: (1) Qingdao Odyking Tyre Co., Ltd. (Qingdao Odyking); (2) Shandong Longyue Rubber Co., Ltd. DBA ZODO Tire Co., Ltd. (Shandong Longyue); (3) Shandong Anchi Tyres Co., Ltd.; and (4) Qingdao Fullrun Tyre Corp., Ltd. have not established their eligibility for a separate rate and are considered to be part of the China-wide entity for these preliminary results. The statute and Commerce’s regulations do not address what rate to apply to respondents who are not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for non-selected respondents that are not examined individually in an administrative review. Section 735(c)(5)(A) of the Act states that the all-others rate should be calculated by averaging the weightedaverage dumping margins for individually-examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available. Section 735(c)(5)(B) of the Act provides that where all rates are zero, de minimis, or based entirely on facts available, Commerce may use ‘‘any reasonable method’’ for assigning a rate to non-examined respondents. However, for these preliminary results, we have not calculated any individual rates or assigned a rate based on facts available. Therefore, consistent with our recent practice,8 we preliminarily assigned to the nonindividually examined companies that demonstrated their eligibility for a separate rate the most recently assigned separate rate in this proceeding (i.e., 0.00 percent).9 Preliminary Results of Review Commerce preliminarily determines that the following weighted-average dumping margins exist for the period August 1, 2018 through July 31, 2019: 2016), and accompanying Preliminary Decision Memorandum at 10–11, unchanged in Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 11431 (February 23, 2017). 9 See Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2017–2018, 85 FR 22396 (April 22, 2020). E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices Weightedaverage dumping margin (percent) Exporter Qingdao Fullrun Tyre Tech Corp., Ltd ...................................................................................................................................................... Qingdao Powerich Tyre Co., Ltd ............................................................................................................................................................... Qingdao Sentury Tire Co., Ltd .................................................................................................................................................................. Shandong Linglong Tyre Co., Ltd ............................................................................................................................................................. Shandong Province Sanli Tire Manufactured Co., Ltd .............................................................................................................................. Shandong Yongsheng Rubber Group Co., Ltd ......................................................................................................................................... Shouguang Firemax Tyre Co., Ltd ............................................................................................................................................................ Disclosure and Public Comment Normally, Commerce will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, here, Commerce preliminary applied a separate rate 10 and the China-wide rate 11 that were established in prior segments of the proceeding. Thus, there are no calculations on this record to disclose. Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.12 Rebuttal briefs may be filed no later than seven days after case briefs are due, and may respond only to arguments raised in the case briefs.13 A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to Commerce. The summary should be limited to five pages total, including footnotes.14 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically via ACCESS within 30 days after the date of publication of this notice.15 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing.16 All submissions, with limited exceptions, must be filed electronically using ACCESS.17 An electronically filed 10 Id. 11 See AD Order. 19 CFR 351.309(c)(1)(ii). 13 See 19 CFR 351.309(d). 14 See 19 CFR 351.309(c)(2), (d)(2). 15 See 19 CFR 351.310(c). 16 See 19 CFR 351.310(d). 17 See generally 19 CFR 351.303. 12 See VerDate Sep<11>2014 17:40 Jun 17, 2020 Jkt 250001 document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time on the due date. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information until July 17, 2020, unless extended.18 Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results of review, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.19 For the final results, if we continue to treat the following companies as part of China-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 76.46 percent to all entries of subject merchandise during the POR that were exported by Qingdao Odyking and Shandong Longyue. For the companies receiving a separate rate, we intend to assign an assessment rate of 0.00 percent, consistent with the methodology described above. 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. Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For the companies for which this review is rescinded, antidumping duties will be assessed at rates equal to the cash deposit of estimated antidumping 18 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 29615 (May 18, 2020). 19 See 19 CFR 351.212(b)(1). PO 00000 Frm 00006 Fmt 4703 36833 Sfmt 4703 0.00 0.00 0.00 0.00 0.00 0.00 0.00 duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to 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. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for 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 Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be equal to the exporter-specific weighted-average dumping margin published of the most recently-completed segment of this proceeding; (3) for all Chinese exporters of subject merchandise that 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; and (4) for all exporters of subject merchandise which are not located in China and which are not eligible for a separate rate, the cash deposit rate will be the rate applicable to Chinese exporter(s) that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate E:\FR\FM\18JNN1.SGM 18JNN1 36834 Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices 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 These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: June 11, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the AD Order IV. Partial Rescission of Administrative Review V. Discussion of the Methodology VI. Recommendation [FR Doc. 2020–13157 Filed 6–17–20; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–533–848] Commodity Matchbooks From India: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on commodity matchbooks from India would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: Applicable June 18, 2020. Ian Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:40 Jun 17, 2020 Jkt 250001 Background On March 2, 2020, Commerce published the notice of initiation of the second sunset review of the Order on commodity matchbooks from India 1 pursuant to section 751(c) of the Act.2 On March 16, 2020, Commerce received a notice of intent to participate from D.D. Bean and Sons Co (D.D. Bean), within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).3 D.D. Bean claimed interested party status under section 771(9)(C) of the Act as a manufacturer, producer, or wholesaler of a domestic like in the United States. D.D. Bean subsequently issued its adequate substantive response to the notice of initiation in accordance with 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from respondent interested parties with respect to the order covered by this sunset review. On April 22, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the antidumping duty order on commodity matchbooks from India. Scope of the Order DEPARTMENT OF COMMERCE DATES: U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4798. SUPPLEMENTARY INFORMATION: The scope of the order covers commodity matchbooks, also known as commodity book matches, paper matches or booklet matches.6 Commodity matchbooks typically, but do not necessarily, consist of twenty match stems which are usually made from paperboard or similar material 1 See Commodity Matchbooks from India: Antidumping Duty Order, 74 FR 65737 (December 11, 2009) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 12253 (March 2, 2020). 3 See D.D. Bean’s Letter, ‘‘Five Year (‘‘Sunset’’) Review of the Antidumping Duty Order on Commodity Matchbooks from India—Notice of Intent to Participate,’’ dated March 16, 2020. D.D. Bean are producers of a domestic like product, commodity matchbooks, in the United States. 4 See D.D. Bean’s Letter, ‘‘Commodity Matchbooks from India: Substantive Response to Notice of Initiation,’’ dated April 1, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on March 2, 2020,’’ dated April 22, 2020. 6 Such commodity matchbooks are also referred to as ‘‘for resale’’ because they always enter into retail channels, meaning businesses that sell a general variety of tangible merchandise, e.g., convenience stores, supermarkets, dollar stores, drug stores and mass merchandisers. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 tipped with a match head composed of any chemical formula. The match stems may be stitched, stapled or otherwise fastened into a matchbook cover of any material, on which a striking strip composed of any chemical formula has been applied to assist in the ignition process. Commodity matchbooks included in the scope of this order may or may not contain printing. For example, they may have no printing other than the identification of the manufacturer or importer. Commodity matchbooks may also be printed with a generic message such as ‘‘Thank You’’ or a generic image such as the American Flag, with store brands (e.g., Kroger, 7-Eleven, Shurfine or Giant); product brands for national or regional advertisers such as cigarettes or alcoholic beverages; or with corporate brands for national or regional distributors (e.g., Penley Corp. or Diamond Brands). They all enter retail distribution channels. Regardless of the materials used for the stems of the matches and regardless of the way the match stems are fastened to the matchbook cover, all commodity matchbooks are included in the scope of these orders. All matchbooks, including commodity matchbooks, typically comply with the United States Consumer Product Safety Commission (CPSC) Safety Standard for Matchbooks, codified at 16 CFR 1202.1 through 1202.7. The scope of this order excludes promotional matchbooks, often referred to as ‘‘not for resale,’’ or ‘‘specialty advertising’’ matchbooks, as they do not enter into retail channels and are sold to businesses that provide hospitality, dining, drinking or entertainment services to their customers, and are given away by these businesses as promotional items. Such promotional matchbooks are distinguished by the physical characteristic of having the name and/or logo of a bar, restaurant, resort, hotel, club, cafe´/coffee shop, grill, pub, eatery, lounge, casino, barbecue or individual establishment printed prominently on the matchbook cover. Promotional matchbook cover printing also typically includes the address and the phone number of the business or establishment being promoted.7 Also excluded are all other 7 The gross distinctions between commodity matchbooks and promotional matchbooks may be summarized as follows: (1) If it has no printing, or is printed with a generic message such as ‘‘Thank You’’ or a generic image such as the American Flag, or printed with national or regional store brands or corporate brands, it is commodity; (2) if it has printing, and the printing includes the name of a bar, restaurant, resort, hotel, club, cafe´/coffee shop, grill, pub, eatery, lounge, casino, barbecue, or E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36831-36834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13157]


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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: Preliminary Results of Antidumping Duty 
Administrative Review; Preliminary Determination of No Shipments; and 
Rescission, in Part; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain producers and exporters of passenger vehicle and light 
truck tires (passenger tires) from the People's Republic of China 
(China) made sales of subject merchandise at prices below normal value 
(NV) during the period of review (POR) August 1, 2018 through July 31, 
2019.

DATES: Applicable June 18, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Dunne or 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) 482-2328 or (202) 482-1398, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 10, 2015, Commerce issued an antidumping duty (AD) order 
on passenger tires from China.\1\ Several interested parties requested 
that Commerce conduct an administrative review of the AD Order. On 
October 7, 2019, Commerce published in the Federal Register a notice of 
initiation of an administrative review of the AD Order for 28 companies 
producers/exporters for the POR.\2\ On April 24, 2020, Commerce tolled 
all deadlines in administrative reviews by 50 days, thereby extending 
the deadline for these results until June 22, 2020.\3\
---------------------------------------------------------------------------

    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Amended Final Affirmative Antidumping 
Duty Determination and Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 47902 (August 10, 2015) (AD Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to Covid-19,'' dated April 24, 2020.

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[[Page 36832]]

Scope of the AD Order

    The products covered by the order are certain passenger vehicle and 
light truck tires from China. A full description of the scope of the 
order is contained in the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China, Preliminary Determination of No Shipments; and Rescission, 
in part; 2018-2019,'' issued concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum. The Preliminary Decision Memorandum is a public document 
and is made available to the public 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 Preliminary 
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party or parties 
that requested a review withdraws the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
(1) Shandong Wanda Boto Tyre Co., Ltd.; (2) Cooper (Kunshan) Tire Co., 
Ltd.; (3) Shandong Guofeng Ruber Plastics Co., Ltd; (4) Hankook Tire 
China Co., Ltd; (5) Jiangsu Hankook Tire Co., Ltd.; (6) Haohua Orient 
International Trade Ltd.; (7) Qingdao Lakesea Tyre Co., Ltd.; (8) 
Riversun Industry Limited; (9) Windforce Tyre Co., Limited; (10) 
Qingdao Keter International Co.; (11) Shangdong Hengyu Science & 
Technology Co., Ltd.; (12) Shangdong New Continent Tire Co., Ltd.; (13) 
Pirelli Tyre Co., Ltd.; (14) Triangle Tyre Co., Ltd.; (15) Safe & Well 
(HK) International Trading Limited; and (16) Zhaoqing Junhong Co. Ltd. 
withdrew their respective requests for an administrative review within 
90 days of the publication date of the notice of initiation.
    No other parties requested an administrative review of the AD Order 
with respect to the aforementioned companies. Therefore, in accordance 
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the AD 
Order on passenger tires from China with respect to the 16 companies 
listed above.

Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection (CBP) 
information, Commerce preliminarily determines that one company under 
review, Shandong Duratti Rubber Corporation Co., Ltd., had no shipments 
during the POR. Qingdao Fullrun Tyre Corp., Ltd. and Shandong Anchi 
Tyres Co., Ltd. each filed no-shipment certifications; however, our 
analysis of CBP information contradicts these claims. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
    Consistent with an announced refinement to its assessment practice 
in NME cases, Commerce is not rescinding this review, in part, but 
intends to complete the review with respect to the companies for which 
it has preliminarily found no shipments and issue appropriate 
instructions to CBP based on the final results of the review.\5\
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    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

China-Wide Entity

    Under Commerce's current policy regarding the conditional review of 
the China-wide entity, the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity.\6\ Because no party requested a review of the 
China-wide entity in this review, the entity is not under review and 
the entity's rate is not subject to change (i.e., 76.46 percent).\7\
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    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \7\ See AD Order, 80 FR at 47904, n.19.
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Separate Rates

    Commerce finds that: (1) Qingdao Odyking Tyre Co., Ltd. (Qingdao 
Odyking); (2) Shandong Longyue Rubber Co., Ltd. DBA ZODO Tire Co., Ltd. 
(Shandong Longyue); (3) Shandong Anchi Tyres Co., Ltd.; and (4) Qingdao 
Fullrun Tyre Corp., Ltd. have not established their eligibility for a 
separate rate and are considered to be part of the China-wide entity 
for these preliminary results.
    The statute and Commerce's regulations do not address what rate to 
apply to respondents who are not selected for individual examination 
when Commerce limits its examination in an administrative review 
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to 
section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for non-selected respondents that are not examined 
individually in an administrative review. Section 735(c)(5)(A) of the 
Act states that the all-others rate should be calculated by averaging 
the weighted-average dumping margins for individually-examined 
respondents, excluding rates that are zero, de minimis, or based 
entirely on facts available. Section 735(c)(5)(B) of the Act provides 
that where all rates are zero, de minimis, or based entirely on facts 
available, Commerce may use ``any reasonable method'' for assigning a 
rate to non-examined respondents.
    However, for these preliminary results, we have not calculated any 
individual rates or assigned a rate based on facts available. 
Therefore, consistent with our recent practice,\8\ we preliminarily 
assigned to the non-individually examined companies that demonstrated 
their eligibility for a separate rate the most recently assigned 
separate rate in this proceeding (i.e., 0.00 percent).\9\
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    \8\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12, 
2016), and accompanying Preliminary Decision Memorandum at 10-11, 
unchanged in Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
    \9\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2018 through 
July 31, 2019:

[[Page 36833]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Qingdao Fullrun Tyre Tech Corp., Ltd........................        0.00
Qingdao Powerich Tyre Co., Ltd..............................        0.00
Qingdao Sentury Tire Co., Ltd...............................        0.00
Shandong Linglong Tyre Co., Ltd.............................        0.00
Shandong Province Sanli Tire Manufactured Co., Ltd..........        0.00
Shandong Yongsheng Rubber Group Co., Ltd....................        0.00
Shouguang Firemax Tyre Co., Ltd.............................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, Commerce will disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of the notice of preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, here, Commerce 
preliminary applied a separate rate \10\ and the China-wide rate \11\ 
that were established in prior segments of the proceeding. Thus, there 
are no calculations on this record to disclose.
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    \10\ Id.
    \11\ See AD Order.
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    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\12\ Rebuttal briefs may be filed no later than seven days after 
case briefs are due, and may respond only to arguments raised in the 
case briefs.\13\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\14\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2), (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\15\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing.\16\
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\17\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time on the due date. Note 
that Commerce has modified certain of its requirements for serving 
documents containing business proprietary information until July 17, 
2020, unless extended.\18\
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    \17\ See generally 19 CFR 351.303.
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\19\ For the final results, if we 
continue to treat the following companies as part of China-wide entity, 
we will instruct CBP to apply an ad valorem assessment rate of 76.46 
percent to all entries of subject merchandise during the POR that were 
exported by Qingdao Odyking and Shandong Longyue. For the companies 
receiving a separate rate, we intend to assign an assessment rate of 
0.00 percent, consistent with the methodology described above. 
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. Commerce intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \19\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    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 intends to 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.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for 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 Chinese and non-Chinese exporters 
not listed above that have separate rates, the cash deposit rate will 
continue to be equal to the exporter-specific weighted-average dumping 
margin published of the most recently-completed segment of this 
proceeding; (3) for all Chinese exporters of subject merchandise that 
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; 
and (4) for all exporters of subject merchandise which are not located 
in China and which are not eligible for a separate rate, the cash 
deposit rate will be the rate applicable to Chinese exporter(s) that 
supplied that non-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate

[[Page 36834]]

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

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 
and 351.221(b)(4).

    Dated: June 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the AD Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2020-13157 Filed 6-17-20; 8:45 am]
BILLING CODE 3510-DS-P