Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent to Rescind in Part; 2018, 82437-82439 [2020-27950]
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Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review, Rescission in Part, and Intent
to Rescind in Part; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain producers/exporters of
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (China) received
countervailable subsidies during the
period of review (POR) January 1, 2018
through December 31, 2018. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Jason Willoughby, 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) 482–5509.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On October 7, 2019, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on passenger
tires from China.1 On April 24, 2020,
Commerce tolled all deadlines in
administrative reviews by 50 days.2 On
June 18, 2020, Commerce extended the
deadline for the preliminary results of
this review by 117 days.3 On July 21,
2020, Commerce tolled all deadlines in
administrative reviews by an additional
60 days.4 Accordingly, the deadline for
the preliminary results of this review
was postponed to December 15, 2020.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019). (Initiation Notice).
2 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.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ June 18, 2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’
dated July 21, 2020.
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22:22 Dec 17, 2020
Jkt 253001
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Order 6
The products covered by the Order
are certain passenger vehicle and light
truck tires from China. For a complete
description of the scope, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. We received timely
withdrawals of the requests for review,
for which no other parties requested a
review, for the following companies:
Cooper (Kunshan) Tire Co., Ltd.;
Haohua Orient International Trade Ltd.;
Qingdao Keter International Co.,
Limited; Qingdao Lakesea Tyre Co.,
Ltd.; Qingdao Odyking Tyre Co., Ltd.;
Qingdao Sentury Tire Co. Ltd.; Riversun
Industry Limited; Safe & Well (HK)
International Trading Limited;
Shandong Guofeng Rubber Plastics Co.,
Ltd.; Shandong Hengyu Science &
Technology Co., Ltd.; Shandong
Linglong Tyre Co., Ltd.; Shandong New
Continent Tire Co., Ltd.; Shandong
Wanda Boto Tyre Co., Ltd.; Shandong
Yongsheng Rubber Group Co., Ltd.;
Shouguang Firemax Tyre Co., Ltd.;
Windforce Tyre Co., Limited; and
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China; and Rescission, in Part,
2018,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (Order).
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82437
Zhaoqing Junhong Co., Ltd.7 Therefore,
in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
these companies.
Intent to Rescind Administrative
Review, in Part
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.8 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.9 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct CBP to liquidate
at the calculated countervailing duty
7 See Haohua Orient International Trade Ltd.,
Qingdao Lakesea Tyre Co., Ltd., Riversun Industry
Limited, Safe & Well (HK) International Trading
Limited, and Windforce Tyre Co., Limited’s Letter,
‘‘Passenger Vehicle and Light Truck Tires from the
People’s Republic of China Withdrawal of Request
for Review,’’ dated October 9, 2019; Shandong
Guofeng Rubber Plastics Co., Ltd.’s Letter,
‘‘Passenger Vehicle and Light Truck Tires from
People’s Republic of China: Withdrawal of Request
for Administrative Review,’’ dated November 1,
2019; ITG Voma Corporation’s Letter, ‘‘Passenger
Vehicle and Light Truck Tires from People’s
Republic of China: Withdrawal of Request for
Administrative Review,’’ dated November 1, 2019;
Shandong New Continent Tire Co., Ltd., Qingdao
Sentury Tire Co. Ltd., and Shandong Linglong Tyre
Co., Ltd.’s Letter, ‘‘New Continent, Sentury, &
Linglong Withdrawal of Review Request in POR 4
of the Countervailing Duty Order on Passenger
Vehicle and Light Truck Tires (‘‘PVLT’’) From the
People’s Republic of China (C–570–017),’’ dated
November 8, 2019; Zhaoqing Junhong Co., Ltd.’s
Letter, ‘‘Passenger Vehicle and Light Truck Tires
from the People’s Republic of China—Withdrawal
of Request for Review,’’ dated December 6, 2019;
Cooper Tire & Rubber Company and its whollyowned subsidiary, Cooper (Kunshan) Tire Co.,
Ltd.’s Letter, ‘‘Passenger Vehicle And Light Truck
Tires from the People’s Republic of China:
Withdrawal Of Request For 2018 Administrative
Review Of CKT,’’ dated December 23, 2019; Qindao
Keter International Co., Limited, Qingdao Odyking
Tyre Co., Ltd., Shandong Hengyu Science &
Technology Co., Ltd., Shandong Yong Sheng
Rubber Group Co., Ltd., and Shouguang Firemax
Tyre Co., Ltd.’s Letter, ‘‘Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China—Withdrawal of Request for
Administrative Review,’’ dated January 2, 2020; and
Shandong Wanda Boto Tyre Co., Ltd.’s Letter
‘‘Passenger Vehicle and Light Truck Tires from
People’s Republic of China: Withdrawal of Request
for Administrative Review,’’ dated January 6, 2020.
8 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
9 See 19 CFR 351.212(b)(2).
E:\FR\FM\18DEN1.SGM
18DEN1
82438
Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices
assessment rate calculated for the
review period.10
According to the CBP import data,
three of the six companies subject to
this review, which were not chosen as
mandatory respondents and which did
not withdraw their review requests, did
not have reviewable entries of subject
merchandise during the POR for which
liquidation is suspended. Accordingly,
in the absence of reviewable, suspended
entries of subject merchandise during
the POR by these three companies, we
intend to rescind this administrative
review, with respect to these three
companies, in accordance with 19 CFR
351.213(d)(3).11
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). In
reaching these preliminary results,
Commerce relied on facts otherwise
available, with the application of
adverse inferences.12 For further
information, see ‘‘Use of Facts
Otherwise Available and Application of
Adverse Inferences’’ in the
accompanying Preliminary Decision
Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Preliminary Rate for Companies Not
Selected for Individual Review
19 CFR 351.213(d)(3).
three companies are: Hankook Tire
China Co., Ltd.; Qingdao Fullrun Tyre Tech Corp.,
Ltd.; and Qingdao Powerich Tyre Co., Ltd. Note that
Qingdao Fullrun Tyre Tech Corp., Ltd. was
incorrectly identified as Qingdao Fullrun Tech Tyre
Corp., Ltd. in the Initiation Notice.
12 See section 776 of the Act.
11 These
VerDate Sep<11>2014
22:22 Dec 17, 2020
Jkt 253001
of estimated countervailing duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2018 through December 31, 2018, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Triangle Tyre Co. Ltd ...........
Public Comment
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for each of
Preliminary Results of Review
the respective companies listed above
We preliminarily determine the
with regard to shipments of subject
following net countervailable subsidy
merchandise entered, or withdrawn
rates for the period January 1, 2018
from warehouse, for consumption on or
through December 31, 2018:
after the date of publication of the final
results of this review. For all nonSubsidy rate
reviewed firms, CBP will continue to
Producers/exporters
(percent ad
collect cash deposits of estimated
valorem)
countervailing duties at the all-others
Shandong Duratti Rubber
rate or the most recent company-specific
Corporation Co. Ltd ..........
116.50 rate applicable to the company, as
Shandong Longyue Rubber
appropriate. These cash deposit
Co. Ltd ..............................
116.50
requirements, when imposed, shall
Shandong Anchi Tyres Co.,
Ltd .....................................
116.50 remain in effect until further notice.
116.50
Review-Specific Average Rate Applicable
to the Following Companies:
To determine the rate for companies
not selected for individual examination
in administrative reviews, Commerce’s
practice is to weight average the net
subsidy rates for the selected mandatory
companies, excluding rates that are
zero, de minimis, or based entirely on
facts available. In this review, we
preliminarily calculated rates based
entirely on facts available for each of the
mandatory respondents during the POR.
In countervailing duty administrative
reviews, where the number of
respondents being individually
examined has been limited, Commerce
has determined that a ‘‘reasonable
method’’ to determine the rate
applicable to companies that were not
individually examined when all the
rates of selected mandatory respondents
are zero, de minimis, or based entirely
on adverse facts available is to assign to
the non-selected respondents the
average of the most recently determined
rates that are not zero, de minimis, or
10 See
based entirely on facts available.13
However, if a non-selected respondent
has its own calculated rate that is
contemporaneous with or more recent
than such previous rates, Commerce has
found it appropriate to apply that
calculated rate to the non-selected
respondent, even when that rate is zero
or de minimis.14
With regard to the three remaining
non-selected companies, which have no
prior individual rates from prior
segments, we are assigning the rate of
20.05 percent ad valorem, which is the
average of the above-de minimis rates
calculated in the last review.
Interested parties may submit written
comments (case briefs) on the
preliminary results no later than 30 days
Jiangsu Hankook Tire Co.,
Ltd .....................................
20.05 from the date of publication of this
Federal Register notice, and rebuttal
Qingdao Fullrun Tyre Corp.,
Ltd .....................................
20.05 comments (rebuttal briefs) within seven
days after the time limit for filing case
Shandong Province Sanli
Tire Manufactured Co., Ltd
20.05 briefs. Pursuant to 19 CFR 351.309(d)(2),
rebuttal briefs must be limited to issues
Assessment Rates
raised in the case briefs. Parties who
submit arguments are requested to
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon submit with the argument: (1) A
statement of the issue; (2) a brief
issuance of the final results, Commerce
summary of the argument; and (3) a
will determine, and U.S. Customs and
table of authorities.15 All briefs must be
Border Protection (CBP) shall assess,
filed
electronically using ACCESS.
countervailing duties on all appropriate
Pursuant to 19 CFR 351.310(c),
entries covered by this review. We
interested parties who wish to request a
intend to issue instructions to CBP 15
days after publication of the final results hearing must submit a written request to
the Assistant Secretary for Enforcement
of this review. For the companies for
and Compliance, filed electronically via
which this review is rescinded,
ACCESS by 5 p.m. Eastern Time within
Commerce will instruct CBP to assess
countervailing duties on all appropriate 30 days after the date of publication of
entries at a rate equal to the cash deposit this notice. Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
13 See, e.g., Circular Welded Carbon Steel Pipes
and Tubes from Turkey: Final Results of
of participants; and (3) a list of the
Countervailing Duty Administrative Review;
issues to be discussed. Issues addressed
Calendar Year 2012 and Rescission of
at the hearing will be limited to those
Countervailing Duty Administrative Review, in Part,
raised in the briefs. If a request for a
79 FR 51140 (August 27, 2014); see also Cut-toLength Carbon-Quality Steel Plate from the
hearing is made, Commerce intends to
Republic of Korea: Final Results of Countervailing
hold the hearing at a date and time to
Duty Administrative Review; 2012, 79 FR 46770
be determined.
(August 11, 2014), and accompanying Issues and
Decision Memorandum at ‘‘Non-Selected Rate.’’
14 Id.
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15 See
E:\FR\FM\18DEN1.SGM
19 CFR 351.309(c)(2) and 351.309(d)(2).
18DEN1
Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices
An electronically filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.16
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no 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), unless
this deadline is extended.
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: December 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Intent to Rescind Administrative Review,
In Part
V. Rate for Non-Selected Companies Under
Review
VI. Scope of the Order
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Conclusion
[FR Doc. 2020–27950 Filed 12–17–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States-Mexico-Canada
Agreement (USMCA), Article 10.12;
Binational Panel Review: Notice of
Request for Panel Review
United States Section, USMCA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of USMCA Request for
Panel Review in the matter of Certain
Softwood Lumber Products from
Canada: Final Affirmative
Countervailing Duty Administrative
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
16 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006 (March 26, 2020); and
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
22:22 Dec 17, 2020
Jkt 253001
Review, 2017–2018 (Secretariat File
Number: USA–CDA–2020–10.12–01).
A Request for Panel Review
was filed on behalf of the Government
of Canada, the Government of Alberta,
the Government of British Columbia, the
Government of New Brunswick, the
Government of Ontario, the Government
of Que´bec, Alberta Softwood Lumber
Trade Council (‘‘ASLTC’’), British
Columbia Lumber Trade Council
(‘‘BCLTC’’), Conseil de l’Industrie
forestiere du Que´bec (‘‘CIFQ’’), Ontario
Forest Industries Association (‘‘OFIA’’),
J.D. Irving, Limited (‘‘JDI’’), Resolute FP
Canada Inc. (‘‘Resolute’’), and West
Fraser Mills Ltd. with the United States
Section of the USMCA Secretariat on
December 10, 2020, pursuant to USMCA
Article 10.12. Panel Review was
requested of the U.S. International
Trade Administration’s Final Results of
the Countervailing Duty Administrative
Review (2017–2018) in Certain
Softwood Lumber from Canada, which
was published in the Federal Register
on December 1, 2020 (85 FR 77, 163).
The USMCA Secretariat has assigned
case number USA–CDA–2020–10.12–01
to this request.
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, Acting United States
Secretary, USMCA Secretariat, Room
2061, 1401 Constitution Avenue NW,
Washington, DC 20230, 202–482–5438.
SUPPLEMENTARY INFORMATION: Article
10.12 of Chapter 10 of USMCA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established USMCA Rules of
Procedure for Article 10.12 (Binational
Panel Reviews), which were adopted by
the three governments for panels
requested pursuant to Article 10.12(2) of
USMCA which requires Requests for
Panel Review to be published in
accordance with Rule 40. For the
complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/
rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 44 no later than
30 days after the filing of the first
Request for Panel Review (the deadline
for filing a Complaint is January 11,
2021);
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
82439
(b) A Party, an investigating authority
or other interested person who does not
file a Complaint but who intends to
participate in the panel review shall file
a Notice of Appearance in accordance
with Rule 45 no later than 45 days after
the filing of the first Request for Panel
Review (the deadline for filing a Notice
of Appearance is January 25, 2021);
(c) The panel review will be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
December 14, 2020.
Vidya Desai,
Acting U.S. Secretary, USMCA Secretariat.
[FR Doc. 2020–27830 Filed 12–17–20; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review, 2018–2019; Preliminary
Determination of No Shipments; and
Preliminary Successor-in-Interest
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Hyosung Heavy Industries
Corporation (Hyosung) made sales of
subject merchandise at less than normal
value during the period of review (POR),
August 1, 2018 through July 31, 2019.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 18, 2020.
FOR FURTHER INFORMATION CONTACT: John
Drury, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0195.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce initiated this review on
October 7, 2019.1 We selected one
mandatory respondent in this review,
Hyosung. On April 24, 2020, Commerce
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019).
E:\FR\FM\18DEN1.SGM
18DEN1
Agencies
[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82437-82439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27950]
[[Page 82437]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission in Part, and Intent to Rescind in
Part; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers/exporters of passenger vehicle and light truck
tires (passenger tires) from the People's Republic of China (China)
received countervailable subsidies during the period of review (POR)
January 1, 2018 through December 31, 2018. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable December 18, 2020.
FOR FURTHER INFORMATION CONTACT: Jason Willoughby, 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) 482-5509.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, Commerce published a notice of initiation of an
administrative review of the countervailing duty order on passenger
tires from China.\1\ On April 24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days.\2\ On June 18, 2020, Commerce
extended the deadline for the preliminary results of this review by 117
days.\3\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by an additional 60 days.\4\ Accordingly, the
deadline for the preliminary results of this review was postponed to
December 15, 2020.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019). (Initiation
Notice).
\2\ 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.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' June 18, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,''
dated July 21, 2020.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix 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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China; and Rescission, in Part, 2018,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (Order).
---------------------------------------------------------------------------
The products covered by the Order are certain passenger vehicle and
light truck tires from China. For a complete description of the scope,
see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. We received timely withdrawals
of the requests for review, for which no other parties requested a
review, for the following companies: Cooper (Kunshan) Tire Co., Ltd.;
Haohua Orient International Trade Ltd.; Qingdao Keter International
Co., Limited; Qingdao Lakesea Tyre Co., Ltd.; Qingdao Odyking Tyre Co.,
Ltd.; Qingdao Sentury Tire Co. Ltd.; Riversun Industry Limited; Safe &
Well (HK) International Trading Limited; Shandong Guofeng Rubber
Plastics Co., Ltd.; Shandong Hengyu Science & Technology Co., Ltd.;
Shandong Linglong Tyre Co., Ltd.; Shandong New Continent Tire Co.,
Ltd.; Shandong Wanda Boto Tyre Co., Ltd.; Shandong Yongsheng Rubber
Group Co., Ltd.; Shouguang Firemax Tyre Co., Ltd.; Windforce Tyre Co.,
Limited; and Zhaoqing Junhong Co., Ltd.\7\ Therefore, in accordance
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the
Order with respect to these companies.
---------------------------------------------------------------------------
\7\ See Haohua Orient International Trade Ltd., Qingdao Lakesea
Tyre Co., Ltd., Riversun Industry Limited, Safe & Well (HK)
International Trading Limited, and Windforce Tyre Co., Limited's
Letter, ``Passenger Vehicle and Light Truck Tires from the People's
Republic of China Withdrawal of Request for Review,'' dated October
9, 2019; Shandong Guofeng Rubber Plastics Co., Ltd.'s Letter,
``Passenger Vehicle and Light Truck Tires from People's Republic of
China: Withdrawal of Request for Administrative Review,'' dated
November 1, 2019; ITG Voma Corporation's Letter, ``Passenger Vehicle
and Light Truck Tires from People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated November 1, 2019;
Shandong New Continent Tire Co., Ltd., Qingdao Sentury Tire Co.
Ltd., and Shandong Linglong Tyre Co., Ltd.'s Letter, ``New
Continent, Sentury, & Linglong Withdrawal of Review Request in POR 4
of the Countervailing Duty Order on Passenger Vehicle and Light
Truck Tires (``PVLT'') From the People's Republic of China (C-570-
017),'' dated November 8, 2019; Zhaoqing Junhong Co., Ltd.'s Letter,
``Passenger Vehicle and Light Truck Tires from the People's Republic
of China--Withdrawal of Request for Review,'' dated December 6,
2019; Cooper Tire & Rubber Company and its wholly-owned subsidiary,
Cooper (Kunshan) Tire Co., Ltd.'s Letter, ``Passenger Vehicle And
Light Truck Tires from the People's Republic of China: Withdrawal Of
Request For 2018 Administrative Review Of CKT,'' dated December 23,
2019; Qindao Keter International Co., Limited, Qingdao Odyking Tyre
Co., Ltd., Shandong Hengyu Science & Technology Co., Ltd., Shandong
Yong Sheng Rubber Group Co., Ltd., and Shouguang Firemax Tyre Co.,
Ltd.'s Letter, ``Certain Passenger Vehicle and Light Truck Tires
from the People's Republic of China--Withdrawal of Request for
Administrative Review,'' dated January 2, 2020; and Shandong Wanda
Boto Tyre Co., Ltd.'s Letter ``Passenger Vehicle and Light Truck
Tires from People's Republic of China: Withdrawal of Request for
Administrative Review,'' dated January 6, 2020.
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Intent to Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\8\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\9\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated countervailing duty
[[Page 82438]]
assessment rate calculated for the review period.\10\
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\8\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\9\ See 19 CFR 351.212(b)(2).
\10\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, three of the six companies
subject to this review, which were not chosen as mandatory respondents
and which did not withdraw their review requests, did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended. Accordingly, in the absence of reviewable,
suspended entries of subject merchandise during the POR by these three
companies, we intend to rescind this administrative review, with
respect to these three companies, in accordance with 19 CFR
351.213(d)(3).\11\
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\11\ These three companies are: Hankook Tire China Co., Ltd.;
Qingdao Fullrun Tyre Tech Corp., Ltd.; and Qingdao Powerich Tyre
Co., Ltd. Note that Qingdao Fullrun Tyre Tech Corp., Ltd. was
incorrectly identified as Qingdao Fullrun Tech Tyre Corp., Ltd. in
the Initiation Notice.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). In reaching these preliminary results, Commerce relied on facts
otherwise available, with the application of adverse inferences.\12\
For further information, see ``Use of Facts Otherwise Available and
Application of Adverse Inferences'' in the accompanying Preliminary
Decision Memorandum.
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\12\ See section 776 of the Act.
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Preliminary Rate for Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination in administrative reviews, Commerce's practice is to weight
average the net subsidy rates for the selected mandatory companies,
excluding rates that are zero, de minimis, or based entirely on facts
available. In this review, we preliminarily calculated rates based
entirely on facts available for each of the mandatory respondents
during the POR. In countervailing duty administrative reviews, where
the number of respondents being individually examined has been limited,
Commerce has determined that a ``reasonable method'' to determine the
rate applicable to companies that were not individually examined when
all the rates of selected mandatory respondents are zero, de minimis,
or based entirely on adverse facts available is to assign to the non-
selected respondents the average of the most recently determined rates
that are not zero, de minimis, or based entirely on facts
available.\13\ However, if a non-selected respondent has its own
calculated rate that is contemporaneous with or more recent than such
previous rates, Commerce has found it appropriate to apply that
calculated rate to the non-selected respondent, even when that rate is
zero or de minimis.\14\
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\13\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes
from Turkey: Final Results of Countervailing Duty Administrative
Review; Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140 (August 27, 2014); see
also Cut-to-Length Carbon-Quality Steel Plate from the Republic of
Korea: Final Results of Countervailing Duty Administrative Review;
2012, 79 FR 46770 (August 11, 2014), and accompanying Issues and
Decision Memorandum at ``Non-Selected Rate.''
\14\ Id.
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With regard to the three remaining non-selected companies, which
have no prior individual rates from prior segments, we are assigning
the rate of 20.05 percent ad valorem, which is the average of the
above-de minimis rates calculated in the last review.
Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rates for the period January 1, 2018 through December 31, 2018:
------------------------------------------------------------------------
Subsidy rate
Producers/exporters (percent ad
valorem)
------------------------------------------------------------------------
Shandong Duratti Rubber Corporation Co. Ltd............. 116.50
Shandong Longyue Rubber Co. Ltd......................... 116.50
Shandong Anchi Tyres Co., Ltd........................... 116.50
Triangle Tyre Co. Ltd................................... 116.50
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Jiangsu Hankook Tire Co., Ltd........................... 20.05
Qingdao Fullrun Tyre Corp., Ltd......................... 20.05
Shandong Province Sanli Tire Manufactured Co., Ltd...... 20.05
------------------------------------------------------------------------
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review. For the companies for
which this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2018 through December 31, 2018, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of the respective
companies listed above with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review. For all non-
reviewed firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Public Comment
Interested parties may submit written comments (case briefs) on the
preliminary results no later than 30 days from the date of publication
of this Federal Register notice, and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case briefs.
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to
issues raised in the case briefs. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\15\ All briefs must be filed electronically using ACCESS.
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\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. Hearing requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.
[[Page 82439]]
An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\16\
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\16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no 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), unless this deadline is extended.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Intent to Rescind Administrative Review, In Part
V. Rate for Non-Selected Companies Under Review
VI. Scope of the Order
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Conclusion
[FR Doc. 2020-27950 Filed 12-17-20; 8:45 am]
BILLING CODE 3510-DS-P