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 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]


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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.
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    \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).
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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\
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    \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.
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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\
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    \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.
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    \9\ See Petitioner's Letter, ``Passenger Vehicle and Light Truck 
Tires from Vietnam: Request for Alignment,'' dated October 13, 2020.
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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\
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    \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.
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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.
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    \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