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]
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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 https://
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.
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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
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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.
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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 https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
at https://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.
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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,
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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 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).
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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
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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).
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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
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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:
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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.
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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\
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\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\
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\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).
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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 https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed at https://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.
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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
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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).
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For the companies for which this review is rescinded, antidumping
duties will be assessed at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i).
Commerce 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
