Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 504-507 [2020-29301]
Download as PDF
<![CDATA[
504
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
(ii) The size designation and load index
combination molded on the tire’s sidewall
matches any of the following size designation
(American standard or metric) and load
index combinations:
American
standard size
Metric size
26x10R12 ..........
27x10R14 ..........
28x10R14 ..........
28x10R14 ..........
30X10R14 .........
30x10R15 ..........
30x10R14 ..........
31x10R14 ..........
32x10R14 ..........
32x10R15 ..........
32x10R15 ..........
33x10R15 ..........
33x10R15 ..........
35x9.50R15 .......
35x10R15 ..........
254/70R/12 .......
254/65R/14 .......
254/70R/14 .......
254/70R/14 .......
254/80R/14 .......
254/75R/15 .......
254/80R/14 .......
254/85R/14 .......
254/90R/14 .......
254/85R/15 .......
254/85R/15 .......
254/90R/15 .......
254/90R/15 .......
241/105R/15 .....
254/100R/15 .....
Load
index
72
73
75
86
79
78
90
81
95
83
94
86
95
82
97
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. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope of The Investigation
VI. Scope Comments
VII. Application of Facts Available and Use
of Adverse Inference
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–29299 Filed 1–5–21; 8:45 am]
jbell on DSKJLSW7X2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
19:08 Jan 05, 2021
Jkt 253001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–828]
Passenger Vehicle and Light Truck
Tires From the Socialist Republic of
Vietnam: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that passenger vehicle and light truck
tires (passenger tires) from the Socialist
Republic of Vietnam (Vietnam) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
October 1, 2019 through March 31,
2020. Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable January 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy or Robert Scully, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8194 or (202) 482–0572,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(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 October 16, 2020,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now December
29, 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
1 See
Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and
the Socialist Republic of Vietnam: Initiation of LessThan-Fair-Value Investigations, 85 FR 38854 (June
29, 2020) (Initiation Notice).
2 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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Passenger Vehicle and
Light Truck Tires from the Socialist Republic of
Vietnam,’’ dated concurrently with, and hereby
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
included 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are 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
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments on the
record of this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 As discussed in the
Preliminary Scope Decision
Memorandum, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
The deadline to submit scope case
briefs is established in the Preliminary
Scope Decision Memorandum. There
will be no further opportunity to
comment on scope-related issues.7
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 85 FR at 38855.
6 See Memorandum, ‘‘Passenger Vehicle and
Light Truck Tires from the Republic of Korea,
Taiwan, Thailand, and the Socialist Republic of
Vietnam: Preliminary Scope Comments Decision
Memorandum,’’ dated concurrently with this
preliminary determination (Preliminary Scope
Decision Memorandum).
7 Case briefs and rebuttal briefs submitted in
response to this preliminary LTFV determination
should not include scope-related issues. See
Preliminary Scope Decision Memorandum and the
‘‘Public Comment’’ section of this notice.
E:\FR\FM\06JAN1.SGM
06JAN1
505
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices and constructed
export prices in accordance with
sections 772(a) and 772(b) of the Act,
respectively. Because Vietnam is a nonmarket economy, within the meaning of
section 771(18) of the Act, Commerce
has calculated normal value in
accordance with section 773(c) of the
Act. Furthermore, pursuant to section
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9 In
this investigation, we assigned
producer/exporter combination rates for
respondents eligible for separate rates.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offset)
(percent)
Exporter
Producer
Kenda Rubber (Vietnam) Co. Ltd ........................
Sailun Group (HongKong) Co., Limited/Sailun
Tire Americas Inc.
Bridgestone Corporation ......................................
Bridgestone Tire Manufacturing Vietnam LLC ....
Kumho Tire (Vietnam) Co., Ltd ...........................
The Yokohama Rubber Co., Ltd .........................
Vietnam-Wide Entity ............................................
Kenda Rubber (Vietnam) Co. Ltd ........................
Sailun (Vietnam) Co., Ltd ....................................
0.00
0.00
0.00
0.00
Bridgestone Tire Manufacturing Vietnam LLC ....
Bridgestone Tire Manufacturing Vietnam LLC ....
Kumho Tire (Vietnam) Co., Ltd ...........................
Yokohama Tyre Vietnam Co ...............................
..............................................................................
0.00
0.00
0.00
0.00
22.30
0.00
0.00
0.00
0.00
22.27
Suspension of Liquidation
jbell on DSKJLSW7X2PROD with NOTICES
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available with adverse
inferences to determine the estimated
weighted-average dumping margin for
the Vietnam-wide entity. For a full
description of the methodology
underlying Commerce’s preliminary
determination, see the Preliminary
Decision Memorandum.
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation 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, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which normal value exceeds
U.S. price, as indicated in the chart
above as follows: (1) For the producer/
exporter combinations listed in the table
above, except those specified for Kenda
Rubber (Vietnam) Co. Ltd. (Kenda) and
Sailun Group (HongKong) Co., Limited/
Sailun Tire Americas Inc. (Sailun), the
cash deposit rate is equal to the
estimated weighted-average dumping
margin listed for that combination in the
table; (2) for all combinations of
Vietnam producers/exporters of
merchandise under consideration that
have not established eligibility for their
own separate rates, the cash deposit rate
will be equal to the estimated weightedaverage dumping margin established for
8 See
Initiation Notice, 85 FR at 38858.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ April 5, 2005 (Policy Bulletin
9 See
VerDate Sep<11>2014
19:08 Jan 05, 2021
Jkt 253001
the Vietnam-wide entity; and (3) for all
third-country exporters of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
cash deposit rate applicable to the
Vietnam producer/exporter combination
(or the Vietnam-wide entity) that
supplied that third-country exporter.
Because the estimated weightedaverage dumping margins for Kenda and
Sailun in the above-specified producer/
exporter combinations are zero or de
minimis (i.e., less than two percent),
Commerce will not direct CBP to
suspend liquidation of entries of subject
merchandise from those producer/
exporter combinations. Entries of
subject merchandise from these
exporters supplied by any other
producer, or from these producers that
supplied any other exporter, or from
third-country exporters that sourced
from these producer/exporter
combinations, are subject to suspension
of liquidation and provisional measures
at the cash deposit rate established for
the Vietnam-wide entity.
As explained in the Preliminary
Decision Memorandum, in accordance
with section 735(a)(4) of the Act and 19
CFR 351.204(e)(1), should the final
estimated weighted-average dumping
margins be zero or de minimis for Kenda
or Sailun in the producer/exporter
combination identified above, and
should the investigation result in an
antidumping duty order pursuant to
section 736 of the Act, entries of
merchandise from those producer/
exporter combinations will be excluded
from the order.10 Such exclusions will
not be applicable to merchandise
exported to the United States by any
other producer/exporter combinations
or by third-country exporters that
sourced from the excluded producer/
exporter combinations.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of domestic
subsidy pass-through and export
subsidies countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the estimated
weighted-average dumping margin by
the appropriate rates. Any such adjusted
cash deposit rate may be found in the
Preliminary Determination section
above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
05.1), available on Commerce’s website at https://
enforcement.trade.gov/policy/bull05-1.pdf.
10 Specifically, Commerce only intends to
exclude from the order the mandatory respondents
with a final estimated weighted-average dumping
margin of zero or de minimis. If any of the separate
rate companies are assigned a final estimated
weighted-average dumping margin of zero or de
minimis, Commerce does not intend to exclude
such companies from the order.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
E:\FR\FM\06JAN1.SGM
06JAN1
506
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for export subsidies at the time the CVD
provisional measures expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of case briefs and written
comments on non-scope issues 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
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e)(2),
Commerce requires that requests by
respondents for postponement of a final
antidumping determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On December 1 and 7, 2020, pursuant
to 19 CFR 351.210(e), Sailun and Kenda
requested, respectively, that Commerce
postpone the final determination and
that provisional measures be extended
for a period not to exceed six months.13
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because (1) the preliminary
determination is affirmative; (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020) (Temporary Rule); and
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
13 See Sailun’s Letter, ‘‘Sailun’s Request to Extend
the Final Determination: Antidumping Duty
Investigation of Passenger Vehicle and Light Truck
Tires (‘‘PVLT’’) from Vietnam (A–552–828),’’ dated
December 1, 2020; see also Kenda’s Letter
‘‘Investigation of Passenger Vehicle and Light Truck
Tires from Vietnam: Request to Extend the Final
Determination,’’ dated December 7, 2020.
Public Comment
jbell on DSKJLSW7X2PROD with NOTICES
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
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 after 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 and time
of the hearing two days before the
scheduled date.
VerDate Sep<11>2014
19:08 Jan 05, 2021
Jkt 253001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. 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
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 29, 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 tubetype, 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 these investigations
regardless of their intended use.
E:\FR\FM\06JAN1.SGM
06JAN1
507
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
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–1R (‘‘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
as temporary use spare tires for light trucks
which, in addition, exhibit each of the
following physical characteristics:
(a) The tires have a 265/70R17, 255/80R17,
265/70R16, 245/70R17, 245/75R17, 265/
70R18, or 265/70R18 size designation;
(b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is
molded into the tire’s sidewall;
(c) the tread depth of the tire is no greater
than 6.2 mm; and
(d) Uniform Tire Quality Grade Standards
(‘‘UTQG’’) ratings are not molded into the
tire’s sidewall with the exception of 265/
70R17 and 255/80R17 which may have
UTGC molded on the tire sidewall;
(6) 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
VerDate Sep<11>2014
19:08 Jan 05, 2021
Jkt 253001
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) 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;
(7) 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;
(8) Tires designed and marketed for offroad use as all-terrain-vehicle (ATV) tires or
utility-terrain-vehicle (UTV) tires, and which,
in addition, exhibit each of the following
characteristics:
(a) 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 87 MPH or an ‘‘N’’ rating,
and
(b) both of the following physical
characteristics are satisfied:
(i) The size designation and load index
combination molded on the tire’s sidewall
does not match any of those listed in the
passenger car or light truck sections of the
Tire and Rim Association Year Book, and
(ii) The size designation and load index
combination molded on the tire’s sidewall
matches any of the following size designation
PO 00000
Frm 00008
Fmt 4703
Sfmt 9990
(American standard or metric) and load
index combinations:
American
standard size
Metric size
26x10R12 ..........
27x10R14 ..........
28x10R14 ..........
28x10R14 ..........
30X10R14 .........
30x10R15 ..........
30x10R14 ..........
31x10R14 ..........
32x10R14 ..........
32x10R15 ..........
32x10R15 ..........
33x10R15 ..........
33x10R15 ..........
35x9.50R15 .......
35x10R15 ..........
254/70R/12 .......
254/65R/14 .......
254/70R/14 .......
254/70R/14 .......
254/80R/14 .......
254/75R/15 .......
254/80R/14 .......
254/85R/14 .......
254/90R/14 .......
254/85R/15 .......
254/85R/15 .......
254/90R/15 .......
254/90R/15 .......
241/105R/15 .....
254/100R/15 .....
Load
index
72
73
75
86
79
78
90
81
95
83
94
86
95
82
97
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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation and Single Entity Treatment
VII. Application of Facts Available and Use
of Adverse Inferences
VIII. Determination Not to Select KTV as a
Voluntary Respondent
IX. Discussion of the Methodology
X. Adjustment Under Section 777A(F) of the
Act
XI. Adjustment to Cash Deposit Rate for
Export Subsidies
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020–29301 Filed 1–5–21; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 504-507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29301]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-828]
Passenger Vehicle and Light Truck Tires From the Socialist
Republic of Vietnam: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that passenger vehicle and light truck tires (passenger tires) from the
Socialist Republic of Vietnam (Vietnam) are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation is October 1, 2019 through March 31, 2020. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable January 6, 2021.
FOR FURTHER INFORMATION CONTACT: Jasun Moy or Robert Scully, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8194 or (202) 482-0572,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 October 16, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
December 29, 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 included 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, Thailand, and the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR
38854 (June 29, 2020) (Initiation Notice).
\2\ 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).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Passenger
Vehicle and Light Truck Tires from the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are 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 investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
on the record of this investigation, and accompanying discussion and
analysis of all comments timely received, see the Preliminary Scope
Decision Memorandum.\6\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce is preliminarily modifying the scope language as
it appeared in the Initiation Notice. See the revised scope in Appendix
I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 85 FR at 38855.
\6\ See Memorandum, ``Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Preliminary Scope Comments Decision
Memorandum,'' dated concurrently with this preliminary determination
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
The deadline to submit scope case briefs is established in the
Preliminary Scope Decision Memorandum. There will be no further
opportunity to comment on scope-related issues.\7\
---------------------------------------------------------------------------
\7\ Case briefs and rebuttal briefs submitted in response to
this preliminary LTFV determination should not include scope-related
issues. See Preliminary Scope Decision Memorandum and the ``Public
Comment'' section of this notice.
---------------------------------------------------------------------------
[[Page 505]]
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices and
constructed export prices in accordance with sections 772(a) and 772(b)
of the Act, respectively. Because Vietnam is a non-market economy,
within the meaning of section 771(18) of the Act, Commerce has
calculated normal value in accordance with section 773(c) of the Act.
Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce
has preliminarily relied upon facts otherwise available with adverse
inferences to determine the estimated weighted-average dumping margin
for the Vietnam-wide entity. For a full description of the methodology
underlying Commerce's preliminary determination, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\ In this investigation, we assigned
producer/exporter combination rates for respondents eligible for
separate rates.
---------------------------------------------------------------------------
\8\ See Initiation Notice, 85 FR at 38858.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' April 5, 2005 (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- (adjusted for
Exporter Producer average dumping subsidy offset)
margin (percent) (percent)
----------------------------------------------------------------------------------------------------------------
Kenda Rubber (Vietnam) Co. Ltd........... Kenda Rubber (Vietnam) Co. 0.00 0.00
Ltd.
Sailun Group (HongKong) Co., Limited/ Sailun (Vietnam) Co., Ltd... 0.00 0.00
Sailun Tire Americas Inc.
Bridgestone Corporation.................. Bridgestone Tire 0.00 0.00
Manufacturing Vietnam LLC.
Bridgestone Tire Manufacturing Vietnam Bridgestone Tire 0.00 0.00
LLC. Manufacturing Vietnam LLC.
Kumho Tire (Vietnam) Co., Ltd............ Kumho Tire (Vietnam) Co., 0.00 0.00
Ltd.
The Yokohama Rubber Co., Ltd............. Yokohama Tyre Vietnam Co.... 0.00 0.00
Vietnam-Wide Entity...................... ............................ 22.30 22.27
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
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,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted-average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) For
the producer/exporter combinations listed in the table above, except
those specified for Kenda Rubber (Vietnam) Co. Ltd. (Kenda) and Sailun
Group (HongKong) Co., Limited/Sailun Tire Americas Inc. (Sailun), the
cash deposit rate is equal to the estimated weighted-average dumping
margin listed for that combination in the table; (2) for all
combinations of Vietnam producers/exporters of merchandise under
consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the Vietnam-wide
entity; and (3) for all third-country exporters of merchandise under
consideration not listed in the table above, the cash deposit rate is
the cash deposit rate applicable to the Vietnam producer/exporter
combination (or the Vietnam-wide entity) that supplied that third-
country exporter.
Because the estimated weighted-average dumping margins for Kenda
and Sailun in the above-specified producer/exporter combinations are
zero or de minimis (i.e., less than two percent), Commerce will not
direct CBP to suspend liquidation of entries of subject merchandise
from those producer/exporter combinations. Entries of subject
merchandise from these exporters supplied by any other producer, or
from these producers that supplied any other exporter, or from third-
country exporters that sourced from these producer/exporter
combinations, are subject to suspension of liquidation and provisional
measures at the cash deposit rate established for the Vietnam-wide
entity.
As explained in the Preliminary Decision Memorandum, in accordance
with section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), should the
final estimated weighted-average dumping margins be zero or de minimis
for Kenda or Sailun in the producer/exporter combination identified
above, and should the investigation result in an antidumping duty order
pursuant to section 736 of the Act, entries of merchandise from those
producer/exporter combinations will be excluded from the order.\10\
Such exclusions will not be applicable to merchandise exported to the
United States by any other producer/exporter combinations or by third-
country exporters that sourced from the excluded producer/exporter
combinations.
---------------------------------------------------------------------------
\10\ Specifically, Commerce only intends to exclude from the
order the mandatory respondents with a final estimated weighted-
average dumping margin of zero or de minimis. If any of the separate
rate companies are assigned a final estimated weighted-average
dumping margin of zero or de minimis, Commerce does not intend to
exclude such companies from the order.
---------------------------------------------------------------------------
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of domestic subsidy pass-through and export
subsidies countervailed in a companion countervailing duty (CVD)
proceeding, when CVD provisional measures are in effect. Accordingly,
where Commerce preliminarily made an affirmative determination for
domestic subsidy pass-through or export subsidies, Commerce has offset
the estimated weighted-average dumping margin by the appropriate rates.
Any such adjusted cash deposit rate may be found in the Preliminary
Determination section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation,
[[Page 506]]
Commerce will direct CBP to begin collecting cash deposits at a rate
equal to the estimated weighted-average dumping margins calculated in
this preliminary determination unadjusted for export subsidies at the
time the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of case briefs and
written comments on non-scope issues at a later date. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\11\ Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\12\ Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and
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
after 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 and time of
the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On December 1 and 7, 2020, pursuant to 19 CFR 351.210(e), Sailun
and Kenda requested, respectively, that Commerce postpone the final
determination and that provisional measures be extended for a period
not to exceed six months.\13\ In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary
determination is affirmative; (2) the requesting exporters account for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination, pursuant to
section 735(a)(2) of the Act.
---------------------------------------------------------------------------
\13\ See Sailun's Letter, ``Sailun's Request to Extend the Final
Determination: Antidumping Duty Investigation of Passenger Vehicle
and Light Truck Tires (``PVLT'') from Vietnam (A-552-828),'' dated
December 1, 2020; see also Kenda's Letter ``Investigation of
Passenger Vehicle and Light Truck Tires from Vietnam: Request to
Extend the Final Determination,'' dated December 7, 2020.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. 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 whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 29, 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 these
investigations regardless of their intended use.
[[Page 507]]
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-1R (``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 as temporary use
spare tires for light trucks which, in addition, exhibit each of the
following physical characteristics:
(a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17,
245/75R17, 265/70R18, or 265/70R18 size designation;
(b) ``Temporary Use Only'' or ``Spare'' is molded into the
tire's sidewall;
(c) the tread depth of the tire is no greater than 6.2 mm; and
(d) Uniform Tire Quality Grade Standards (``UTQG'') ratings are
not molded into the tire's sidewall with the exception of 265/70R17
and 255/80R17 which may have UTGC molded on the tire sidewall;
(6) 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) 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;
(7) 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;
(8) Tires designed and marketed for off-road use as all-terrain-
vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and
which, in addition, exhibit each of the following characteristics:
(a) 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 87 MPH or an ``N'' rating, and
(b) both of the following physical characteristics are
satisfied:
(i) The size designation and load index combination molded on
the tire's sidewall does not match any of those listed in the
passenger car or light truck sections of the Tire and Rim
Association Year Book, and
(ii) The size designation and load index combination molded on
the tire's sidewall matches any of the following size designation
(American standard or metric) and load index combinations:
------------------------------------------------------------------------
Load
American standard size Metric size index
------------------------------------------------------------------------
26x10R12............................. 254/70R/12.............. 72
27x10R14............................. 254/65R/14.............. 73
28x10R14............................. 254/70R/14.............. 75
28x10R14............................. 254/70R/14.............. 86
30X10R14............................. 254/80R/14.............. 79
30x10R15............................. 254/75R/15.............. 78
30x10R14............................. 254/80R/14.............. 90
31x10R14............................. 254/85R/14.............. 81
32x10R14............................. 254/90R/14.............. 95
32x10R15............................. 254/85R/15.............. 83
32x10R15............................. 254/85R/15.............. 94
33x10R15............................. 254/90R/15.............. 86
33x10R15............................. 254/90R/15.............. 95
35x9.50R15........................... 241/105R/15............. 82
35x10R15............................. 254/100R/15............. 97
------------------------------------------------------------------------
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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation and Single Entity Treatment
VII. Application of Facts Available and Use of Adverse Inferences
VIII. Determination Not to Select KTV as a Voluntary Respondent
IX. Discussion of the Methodology
X. Adjustment Under Section 777A(F) of the Act
XI. Adjustment to Cash Deposit Rate for Export Subsidies
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020-29301 Filed 1-5-21; 8:45 am]
BILLING CODE 3510-DS-P
