Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 71607-71610 [2020-24913]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
As a result of our review, we
preliminarily determine the following
weighted-average dumping margin for
the period November 1, 2018 through
October 31, 2019:
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 4.05
percent, the all-others rate established
in the investigation.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the
Manufacturer/exporter
preliminary results within five days of
the date of publication of the notice of
Flex Middle East FZE ...........
70.75 preliminary results in the Federal
Register, in accordance with 19 CFR
351.224(b). However, there are no
Assessment Rates
calculations to disclose here because, in
Upon completion of the
accordance with section 776 of the Act,
administrative review, Commerce shall
Commerce preliminarily applied AFA to
determine, and U.S. Customs and
Flex, the only respondent subject to this
Border Protection (CBP) shall assess,
review.
antidumping duties on all appropriate
Pursuant to 19 CFR 351.309(c),
entries covered by this review.5 The
interested parties may submit case briefs
final results of this review shall be the
no later than 30 days after the date of
basis for the assessment of antidumping
publication of this notice. Rebuttal
duties on entries of merchandise
briefs, limited to issues raised in the
covered by the final results of this
case briefs, may be filed not later than
review and for future deposits of
seven days after the date for filing case
estimated duties, where applicable.6 If
briefs.8 Parties who submit case briefs or
the preliminary results are unchanged
rebuttal briefs in this proceeding are
for the final results, we will instruct
encouraged to submit with each
CBP to apply an ad valorem assessment
argument: (1) A statement of the issue,
rate of 70.75 percent to all entries of
(2) a brief summary of the argument,
subject merchandise during the period
and (3) a table of authorities.9 Case and
of review from Flex. We intend to issue
rebuttal briefs should be filed using
liquidation instructions to CBP 15 days
ACCESS.10 Note that Commerce has
after the publication date of the final
temporarily modified certain of its
results of this review.
requirements for serving documents
Cash Deposit Requirements
containing business proprietary
information, until further notice.11
The following deposit requirements
Pursuant to 19 CFR 351.310(c),
will be effective upon publication of the
interested
parties who wish to request a
final results for all shipments of PET
hearing must submit a written request to
Film from the UAE entered, or
the Assistant Secretary for Enforcement
withdrawn from warehouse, for
and Compliance, filed electronically via
consumption on or after the date of
ACCESS. An electronically filed
publication of the final results of this
document must be received successfully
administrative review, as provided for
in its entirety through Commerce’s
by section 751(a)(2)(C) of the Act: (1)
electronic records system, ACCESS, by
The cash deposit rate for the company
5:00 p.m. Eastern Time within 30 days
under review will be the rate
after the date of publication of this
established in the final results of this
notice. Requests should contain: (1) The
review (except, if the rate is zero or de
party’s name, address, and telephone
minimis, no cash deposit will be
required); (2) for previously reviewed or number; (2) the number of participants;
investigated companies not listed above, and (3) a list of issues to be discussed.
the cash deposit rate will continue to be Issues raised in the hearing will be
the company-specific rate published for
7 See Polyethylene Terephthalate Film, Sheet, and
the most recent period; (3) if the
Strip from Brazil, the People’s Republic of China
exporter is not a firm covered in this
and the United Arab Emirates: Antidumping Duty
review, a prior review, or the less-thanOrders and Amended Final Determination of Sales
at Less Than Fair Value for the United Arab
fair-value investigation, but the
Emirates, 73 FR 66595, 66597 (November 10, 2008).
manufacturer is, the cash deposit rate
8 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
will be the rate established for the most
9 See 19 CFR 351.309(c)(2) and (d)(2).
recent period for the manufacturer of
10 See generally 19 CFR 351.303.
jbell on DSKJLSW7X2PROD with NOTICES
Weightedaverage
margin
(percent)
5 See
19 CFR 351.212(b).
6 See section 751(a)(2)(C) of the Act.
VerDate Sep<11>2014
17:21 Nov 09, 2020
Jkt 253001
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
71607
limited to those raised in the respective
case and rebuttal briefs.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice
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: November 5, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and
Adverse Inferences
V. Recommendation
[FR Doc. 2020–24937 Filed 11–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–829]
Passenger Vehicle and Light Truck
Tires From the Socialist Republic of
Vietnam: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\10NON1.SGM
10NON1
71608
Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
passenger vehicle and light truck tires
(passenger tires) from the Socialist
Republic of Vietnam (Vietnam). The
period of investigation is January 1,
2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
SUMMARY:
DATES:
Applicable November 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Thomas Schauer,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0198 or
(202) 482–0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on June 29, 2020.1 On August 4, 2020,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now October 30,
2020.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. The signed and
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
jbell on DSKJLSW7X2PROD with NOTICES
1 See
Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigation, 85 FR 38850
(June 29, 2020) (Initiation Notice).
2 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam:
Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 85 FR 48666
(August 12, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination:
Countervailing Duty Investigation of Passenger
Vehicle and Light Truck Tires from the Socialist
Republic of Vietnam,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
VerDate Sep<11>2014
17:21 Nov 09, 2020
Jkt 253001
Scope of the Investigation
The product covered by this
investigation is passenger tires from
Vietnam. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations of passenger tires as it
appeared in the Initiation Notice. We
are currently evaluating the scope
comments filed by the interested
parties. Commerce intends to issue its
preliminary decision regarding the
scope of the AD and CVD investigations
in the preliminary determinations of the
companion AD investigations, the
deadline for which is December 29,
2020.6 We will incorporate the scope
decisions from the AD investigations
into the scope of the final CVD
determination for this investigation after
considering any relevant comments
submitted in scope case and rebuttal
briefs.7
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
Commerce is aligning the final CVD
determination in this investigation with
the final determination in the
companion AD investigation of
passenger tires from Vietnam based on
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 85 FR at 38851.
6 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and
the Socialist Republic of Vietnam: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 85 FR 65791 (October 16,
2020).
7 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
a request made by the petitioner.9
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
March 15, 2021, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
calculated individual estimated
countervailable subsidy rates for Kumho
Tire (Vietnam) Co., Ltd. and Sailun
(Vietnam) Co., Ltd. that are not zero, de
minimis, or based entirely on facts
otherwise available. Commerce
calculated the all-others rate using a
weighted average of the individual
estimated subsidy rates calculated for
the examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.10
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Kumho Tire (Vietnam) Co.,
Ltd .....................................
Subsidy rate
(percent)
10.08
9 See Petitioner’s Letter, ‘‘Passenger Vehicle and
Light Truck Tires from Vietnam: Request for
Alignment,’’ dated October 13, 2020.
10 With two respondents under examination,
Commerce normally calculates: (A) A weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, please see Memorandum, ‘‘Countervailing
Duty Investigation of Passenger Vehicle and Light
Truck Tires from the Socialist Republic of Vietnam:
Calculation of All-Others Rate,’’ dated concurrently
with this notice.
E:\FR\FM\10NON1.SGM
10NON1
Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
Sailun (Vietnam) Co., Ltd .....
6.23 (2) a brief summary of the argument;
All Others ..............................
6.77 and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
Suspension of Liquidation
interested parties who wish to request a
hearing, limited to issues raised in the
In accordance with section
case and rebuttal briefs, must submit a
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and written request to the Assistant
Secretary for Enforcement and
Border Protection (CBP) to suspend
Compliance, U.S. Department of
liquidation of entries of subject
Commerce within 30 days of the date of
merchandise as described in the scope
publication of this notice. Requests
of the investigation section entered, or
should contain the party’s name,
withdrawn from warehouse, for
address, and telephone number, the
consumption on or after the date of
publication of this notice in the Federal number of participants, whether any
participant is a foreign national, and a
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP list of the issues to be discussed. If a
request for a hearing is made, Commerce
to require a cash deposit equal to the
intends to hold the hearing at a time and
rates indicated above.
date to be determined. Parties should
Disclosure
confirm by telephone the date, time, and
location of the hearing two days before
Commerce intends to disclose its
the scheduled date.
calculations and analysis performed to
interested parties in this preliminary
International Trade Commission
determination within five days of its
Notification
public announcement, or if there is no
In accordance with section 703(f) of
public announcement, within five days
the Act, Commerce will notify the
of the date of this notice in accordance
International Trade Commission (ITC) of
with 19 CFR 351.224(b).
its determination. If the final
Verification
determination is affirmative, the ITC
will determine before the later of 120
Commerce is currently unable to
days after the date of this preliminary
conduct on-site verification of the
determination or 45 days after the final
information relied upon in making its
final determination in this investigation. determination.
Accordingly, we intend to take
Notification to Interested Parties
additional steps in lieu of on-site
This determination is issued and
verification. Commerce will notify
published pursuant to sections 703(f)
interested parties of any additional
documentation or information required. and 777(i) of the Act and 19 CFR
351.205(c).
Public Comment
Dated: October 30, 2020.
Case briefs or other written comments Jeffrey I. Kessler,
on non-scope issues may be submitted
Assistant Secretary for Enforcement and
to the Assistant Secretary for
Compliance.
Enforcement and Compliance.
Appendix I
Interested parties will be notified of the
timeline for the submission of such case Scope of the Investigation
briefs and written comments at a later
The scope of this investigation is passenger
vehicle and light truck tires. Passenger
date. Rebuttal briefs, limited to issues
vehicle and light truck tires are new
raised in case briefs, may be submitted
pneumatic tires, of rubber, with a passenger
no later than seven days after the
vehicle or light truck size designation. Tires
deadline date for case briefs.11
covered by this investigation may be tubeCommerce has modified certain of its
type, tubeless, radial, or non-radial, and they
requirements for serving documents
may be intended for sale to original
containing business proprietary
equipment manufacturers or the replacement
12
information until further notice.
market.
Subject tires have, at the time of
Pursuant to 19 CFR 351.309(c)(2) and
importation, the symbol ‘‘DOT’’ on the
(d)(2), parties who submit case briefs or
jbell on DSKJLSW7X2PROD with NOTICES
Company
Subsidy rate
(percent)
11 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006,
17007 (March 26, 2020).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:21 Nov 09, 2020
Jkt 253001
sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Subject tires may also have the following
prefixes or suffix in their tire size
designation, which also appears on the
sidewall of the tire:
Prefix designations:
P—Identifies a tire intended primarily for
service on passenger cars.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
71609
LT—Identifies a tire intended primarily for
service on light trucks.
Suffix letter designations:
LT—Identifies light truck tires for service
on trucks, buses, trailers, and multipurpose
passenger vehicles used in nominal highway
service.
All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all
tires with an ‘‘LT’’ suffix in their sidewall
markings are covered by this investigation
regardless of their intended use.
In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’
prefix or suffix in their sidewall markings, as
well as all tires that include any other prefix
or suffix in their sidewall markings, are
included in the scope, regardless of their
intended use, as long as the tire is of a size
that fits passenger cars or light trucks. Sizes
that fit passenger cars and light trucks
include, but are not limited to, the numerical
size designations listed in the passenger car
section or light truck section of the Tire and
Rim Association Year Book, as updated
annually. The scope includes all tires that are
of a size that fits passenger cars or light
trucks, unless the tire falls within one of the
specific exclusions set out below.
Passenger vehicle and light truck tires,
whether or not attached to wheels or rims,
are included in the scope. However, if a
subject tire is imported attached to a wheel
or rim, only the tire is covered by the scope.
Specifically excluded from the scope are
the following types of tires:
(1) Racing car tires; such tires do not bear
the symbol ‘‘DOT’’ on the sidewall and may
be marked with ‘‘ZR’’ in size designation;
(2) pneumatic tires, of rubber, that are not
new, including recycled and retreaded tires;
(3) non-pneumatic tires, such as solid
rubber tires;
(4) tires designed and marketed exclusively
as temporary use spare tires for passenger
vehicles which, in addition, exhibit each of
the following physical characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in Table PCT–1B (‘‘T’’ Type Spare
Tires for Temporary Use on Passenger
Vehicles) or PCT–1B (‘‘T’’ Type Diagonal
(Bias) Spare Tires for Temporary Use on
Passenger Vehicles) of the Tire and Rim
Association Year Book,
(b) the designation ‘‘T’’ is molded into the
tire’s sidewall as part of the size designation,
and,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
is 81 MPH or a ‘‘M’’ rating;
(5) tires designed and marketed exclusively
for specialty tire (ST) use which, in addition,
exhibit each of the following conditions:
(a) The size designation molded on the
tire’s sidewall is listed in the ST sections of
the Tire and Rim Association Year Book,
(b) the designation ‘‘ST’’ is molded into the
tire’s sidewall as part of the size designation,
(c) the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘For Trailer Service Only’’ or ‘‘For
Trailer Use Only’’,
(d) the load index molded on the tire’s
sidewall meets or exceeds those load indexes
listed in the Tire and Rim Association Year
Book for the relevant ST tire size, and
E:\FR\FM\10NON1.SGM
10NON1
71610
Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
(e) either
(i) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
does not exceed 81 MPH or an ‘‘M’’ rating;
or
(ii) the tire’s speed rating molded on the
sidewall is 87 MPH or an ‘‘N’’ rating, and in
either case the tire’s maximum pressure and
maximum load limit are molded on the
sidewall and either
(1) both exceed the maximum pressure and
maximum load limit for any tire of the same
size designation in either the passenger car
or light truck section of the Tire and Rim
Association Year Book; or
(2) if the maximum cold inflation pressure
molded on the tire is less than any cold
inflation pressure listed for that size
designation in either the passenger car or
light truck section of the Tire and Rim
Association Year Book, the maximum load
limit molded on the tire is higher than the
maximum load limit listed at that cold
inflation pressure for that size designation in
either the passenger car or light truck section
of the Tire and Rim Association Year Book;
(6) tires designed and marketed exclusively
for off-road use and which, in addition,
exhibit each of the following physical
characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim
Association Year Book,
(b) in addition to any size designation
markings, the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘Not For Highway Service’’ or ‘‘Not for
Highway Use’’,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 55 MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable off-road
tread design.
The products covered by this investigation
are currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 4011.10.10.10,
4011.10.10.20, 4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and
4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.90.10.10, 4011.90.10.50, 4011.90.20.10,
4011.90.20.50, 4011.90.80.10, 4011.90.80.50,
8708.70.45.30, 8708.70.45.46, 8708.70.45.48,
8708.70.45.60, 8708.70.60.30, 8708.70.60.45,
and 8708.70.60.60. While HTSUS
subheadings are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
VerDate Sep<11>2014
17:21 Nov 09, 2020
Jkt 253001
V. Injury Test
VI. Application of the CVD Law to Imports
From Vietnam
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Conclusion
[FR Doc. 2020–24913 Filed 11–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–826]
Monosodium Glutamate From the
Republic of Indonesia: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the sole
mandatory respondent, PT. Cheil Jedang
Indonesia (CJ Indonesia), did not sell
subject merchandise in the United
States at prices below normal value
during the period of review (POR)
November 1, 2017 through October 31,
2018.
DATES: Applicable November 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, 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) 482–3586.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 16, 2020, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 Commerce invited
interested parties to comment on the
Preliminary Results. On June 1, 2020,
Ajinomoto Health & Nutrition North
America, Inc. (the petitioner) and CJ
Indonesia each timely submitted case
briefs.2 CJ Indonesia timely submitted a
rebuttal brief on June 8, 2020.3 No other
1 See Monosodium Glutamate from the Republic
of Indonesia: Preliminary Results of Antidumping
Duty Administrative Review; 2017–2018, 85 FR
2717 (January 16, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Petitioner’s Letter, ‘‘MSG from Indonesia:
Petitioner’s Case Brief,’’ dated June 1, 2020; see also
CJ Indonesia’s Letter, ‘‘Monosodium Glutamate
(‘‘MSG’’) from Indonesia; 4th Administrative
Review; CJ Case Brief,’’ dated June 1, 2020.
3 See CJ Indonesia’s Letter, ‘‘Monosodium
Glutamate (‘‘MSG’’) from Indonesia; 4th
Administrative Review; CJ Rebuttal Brief,’’ dated
June 8, 2020.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
party submitted a rebuttal brief, and no
party requested a hearing in this
administrative review. Based on its
analysis of the comments that
Commerce received, Commerce made
no changes to the weighted-average
dumping margin determined for CJ
Indonesia with respect to the
Preliminary Results.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.4 On June 30, 2020,
Commerce extended the deadline for the
final results by 60 days.5 On July 21,
2020, Commerce tolled all deadlines for
preliminary and final results in
administrative reviews by an additional
60 days, thereby extending the deadline
for the final results to November 2,
2020.6
Scope of the Order
The merchandise covered by the
antidumping duty order is monosodium
glutamate (MSG), whether or not
blended or in solution with other
products. For a complete description of
the scope of the order, see the Issues
and Decision Memorandum.7
Analysis of Comments Received
Commerce addressed all issues raised
in the case and rebuttal briefs in the
Issues and Decision Memorandum.
These issues are identified in the
Appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and its electronic version
are identical in content.
4 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.
5 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Monosodium
Glutamate from the Republic of Indonesia:
Extension of Deadline for the Final Results,’’ dated
June 30, 2020.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Review,’’ dated July 21, 2020.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Monosodium Glutamate from the
Republic of Indonesia,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\10NON1.SGM
10NON1
]]>Agencies
[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71607-71610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24913]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-829]
Passenger Vehicle and Light Truck Tires From the Socialist
Republic of Vietnam: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 71608]]
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of passenger vehicle and light truck tires (passenger tires)
from the Socialist Republic of Vietnam (Vietnam). The period of
investigation is January 1, 2019 through December 31, 2019. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable November 10, 2020.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0198 or (202)
482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on June 29,
2020.\1\ On August 4, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
October 30, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\1\ See Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam: Initiation of Countervailing Duty
Investigation, 85 FR 38850 (June 29, 2020) (Initiation Notice).
\2\ See Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam: Postponement of Preliminary
Determination in the Countervailing Duty Investigation, 85 FR 48666
(August 12, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty Investigation of
Passenger Vehicle and Light Truck Tires from the Socialist Republic
of Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is passenger tires from
Vietnam. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the antidumping duty (AD) and
countervailing duty (CVD) investigations of passenger tires as it
appeared in the Initiation Notice. We are currently evaluating the
scope comments filed by the interested parties. Commerce intends to
issue its preliminary decision regarding the scope of the AD and CVD
investigations in the preliminary determinations of the companion AD
investigations, the deadline for which is December 29, 2020.\6\ We will
incorporate the scope decisions from the AD investigations into the
scope of the final CVD determination for this investigation after
considering any relevant comments submitted in scope case and rebuttal
briefs.\7\
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 85 FR at 38851.
\6\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, Thailand, and the Socialist Republic of
Vietnam: Postponement of Preliminary Determinations in the Less-
Than-Fair-Value Investigations, 85 FR 65791 (October 16, 2020).
\7\ The deadline for interested parties to submit scope case and
rebuttal briefs will be established in the preliminary scope
decision memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the final CVD determination in this
investigation with the final determination in the companion AD
investigation of passenger tires from Vietnam based on a request made
by the petitioner.\9\ Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than March 15, 2021, unless
postponed.
---------------------------------------------------------------------------
\9\ See Petitioner's Letter, ``Passenger Vehicle and Light Truck
Tires from Vietnam: Request for Alignment,'' dated October 13, 2020.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce calculated individual estimated
countervailable subsidy rates for Kumho Tire (Vietnam) Co., Ltd. and
Sailun (Vietnam) Co., Ltd. that are not zero, de minimis, or based
entirely on facts otherwise available. Commerce calculated the all-
others rate using a weighted average of the individual estimated
subsidy rates calculated for the examined respondents using each
company's publicly-ranged values for the merchandise under
consideration.\10\
---------------------------------------------------------------------------
\10\ With two respondents under examination, Commerce normally
calculates: (A) A weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, please see Memorandum, ``Countervailing Duty Investigation
of Passenger Vehicle and Light Truck Tires from the Socialist
Republic of Vietnam: Calculation of All-Others Rate,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Kumho Tire (Vietnam) Co., Ltd........................... 10.08
[[Page 71609]]
Sailun (Vietnam) Co., Ltd............................... 6.23
All Others.............................................. 6.77
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
Commerce is currently unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\11\
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\12\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 26,
2020).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
of the date of publication of this notice. Requests should contain the
party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: October 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is passenger vehicle and light
truck tires. Passenger vehicle and light truck tires are new
pneumatic tires, of rubber, with a passenger vehicle or light truck
size designation. Tires covered by this investigation may be tube-
type, tubeless, radial, or non-radial, and they may be intended for
sale to original equipment manufacturers or the replacement market.
Subject tires have, at the time of importation, the symbol
``DOT'' on the sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards. Subject tires may also
have the following prefixes or suffix in their tire size
designation, which also appears on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger
cars.
LT--Identifies a tire intended primarily for service on light
trucks.
Suffix letter designations:
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service.
All tires with a ``P'' or ``LT'' prefix, and all tires with an
``LT'' suffix in their sidewall markings are covered by this
investigation regardless of their intended use.
In addition, all tires that lack a ``P'' or ``LT'' prefix or
suffix in their sidewall markings, as well as all tires that include
any other prefix or suffix in their sidewall markings, are included
in the scope, regardless of their intended use, as long as the tire
is of a size that fits passenger cars or light trucks. Sizes that
fit passenger cars and light trucks include, but are not limited to,
the numerical size designations listed in the passenger car section
or light truck section of the Tire and Rim Association Year Book, as
updated annually. The scope includes all tires that are of a size
that fits passenger cars or light trucks, unless the tire falls
within one of the specific exclusions set out below.
Passenger vehicle and light truck tires, whether or not attached
to wheels or rims, are included in the scope. However, if a subject
tire is imported attached to a wheel or rim, only the tire is
covered by the scope.
Specifically excluded from the scope are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT''
on the sidewall and may be marked with ``ZR'' in size designation;
(2) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(3) non-pneumatic tires, such as solid rubber tires;
(4) tires designed and marketed exclusively as temporary use
spare tires for passenger vehicles which, in addition, exhibit each
of the following physical characteristics:
(a) The size designation and load index combination molded on
the tire's sidewall are listed in Table PCT-1B (``T'' Type Spare
Tires for Temporary Use on Passenger Vehicles) or PCT-1B (``T'' Type
Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles)
of the Tire and Rim Association Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
Tire and Rim Association Year Book, and the rated speed is 81 MPH or
a ``M'' rating;
(5) tires designed and marketed exclusively for specialty tire
(ST) use which, in addition, exhibit each of the following
conditions:
(a) The size designation molded on the tire's sidewall is listed
in the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
(d) the load index molded on the tire's sidewall meets or
exceeds those load indexes listed in the Tire and Rim Association
Year Book for the relevant ST tire size, and
[[Page 71610]]
(e) either
(i) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
Tire and Rim Association Year Book, and the rated speed does not
exceed 81 MPH or an ``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or
an ``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for
any tire of the same size designation in either the passenger car or
light truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size
designation in either the passenger car or light truck section of
the Tire and Rim Association Year Book, the maximum load limit
molded on the tire is higher than the maximum load limit listed at
that cold inflation pressure for that size designation in either the
passenger car or light truck section of the Tire and Rim Association
Year Book;
(6) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) The size designation and load index combination molded on
the tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
the Tire and Rim Association Year Book, and the rated speed does not
exceed 55 MPH or a ``G'' rating, and
(d) the tire features a recognizable off-road tread design.
The products covered by this investigation are currently
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20,
4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60,
4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10.
Tires meeting the scope description may also enter under the
following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50,
4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50,
8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60,
8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS
subheadings are provided for convenience and for customs purposes,
the written description of the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Injury Test
VI. Application of the CVD Law to Imports From Vietnam
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Conclusion
[FR Doc. 2020-24913 Filed 11-9-20; 8:45 am]
BILLING CODE 3510-DS-P
