Passenger Vehicle and Light Truck Tires From Taiwan: Amended Preliminary Determination of Sales at Less Than Fair Value, 8885-8887 [2021-02726]
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8885
Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
not in harmony with Commerce’s final
results in the changed circumstances
review of SSB from India, and that
Commerce is amending the final results.
DATES:
Applicable February 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
Background
On April 20, 2018, Commerce
published its final results of the
changed circumstances review of SSB
from India.1 In the Final Results, we
determined that Venus Wire Industries
Pvt. Ltd. and its affiliates Precision
Metals, Sieves Manufacturers (India)
Pvt. Ltd., and Hindustan Inox Ltd.
(collectively, Venus) is not the
manufacturer of the stainless steel bar
(SSB) that it purchased from unaffiliated
suppliers and processed in India prior
to exportation to the United States.2
Because most of the unaffiliated
suppliers did not provide their costs, we
applied total adverse facts available
(AFA) with respect to Venus.3
On December 20, 2019, the Court
remanded aspects of the Final Results to
Commerce for further consideration.4
The Court remanded Commerce’s
determination in order to explain or
reconsider its use of the NWR Test over
the substantial transformation test.5 In
this decision, the Court deferred
consideration of Venus’ arguments
regarding ‘‘Commerce’s use of total AFA
pending Commerce’s redetermination
on remand.’’ 6 In its First Remand
Redetermination, issued in March
1 See Stainless Steel Bar from India: Final Results
of Changed Circumstances Review and
Reinstatement of Certain Companies in the
Antidumping Duty Order, 83 FR 17529 (April 20,
2018) (Final Results), and accompanying Issues and
Decision Memorandum (IDM).
2 See Final Results IDM at Comment 1.
3 Id.
4 See Venus Wire Industries Pvt. Ltd. v. United
States, Court No. 18–00113, Slip Op. 19–170
(December 20, 2019) (Venus Wire I).
5 Id., at 15–21. The ‘‘NWR Test’’ refers to the
analysis we used to determine whether a
respondent was the producer of subject
merchandise in Notice of Final Determination of
Sales at Less Than Fair Value: Narrow Woven
Ribbons with Woven Selvedge from Taiwan, 75 FR
41804 (July 19, 2010), and accompanying IDM at
Comment 20.
6 See Venus Wire I, Slip. Op. 19–170 at 22.
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Jkt 253001
2020,7 Commerce provided the
explanation sought by the Court.8
On August 14, 2020, the Court
sustained Commerce’s use of the NWR
Test but the Court determined that
Commerce’s use of AFA with respect to
Venus to be unsupported by substantial
evidence and remanded the Final
Results a second time.9 In its second
remand redetermination, issued in
November 2020, Commerce explained
that, although it continues to believe
that the use of AFA is appropriate for
Venus, it was complying with the
Court’s opinion by calculating a margin
for Venus without the use of AFA under
respectful protest.10 The Court
sustained the Second Remand
Redetermination in full.11
Timken Notice
In its decision in Timken,12 as
clarified by Diamond Sawblades,13 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(c) of
the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice
of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s January 28, 2021, judgment
constitutes a final decision of that court
that is not in harmony with Commerce’s
Final Results. This notice is published
in fulfillment of the publication
requirements of Timken. Accordingly,
Commerce will continue suspension of
liquidation of subject merchandise
pending expiration of the period of
appeal or, if appealed, pending a final
and conclusive court decision.
Amended Final Results
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to Venus. The
revised antidumping duty margin for
7 See Venus Wire Industries Pvt. Ltd. v. United
States, Court No. 18–00113, Slip Op. 19–170,
‘‘Results of Redetermination Pursuant to Court
Remand,’’ dated March 31, 2020 (First Remand
Redetermination).
8 Id. at 44.
9 See Venus Wire Industries Pvt. Ltd. v. United
States, Court No. 18–00113, Slip Op. 20–118
(August 14, 2020).
10 See Venus Wire Industries Pvt. Ltd. v. United
States, Court No. 18–00113, Slip Op. 20–118,
‘‘Results of Redetermination Pursuant to Court
Remand,’’ dated November 9, 2020 (Second
Remand Redetermination).
11 See Venus Wire Industries Pvt. Ltd. v. United
States, Court No. 18–00113, Slip Op. 21–9 (January
28, 2021).
12 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
13 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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Sfmt 4703
Venus for the period July 1, 2015
through June 30, 2016 is as follows: 14
Exporter or producer
Weightedaverage
dumping
margin
(percent)
Venus ........................................
0.64
Because the revised antidumping duty
margin for Venus remains above de
minimis, Venus will remain reinstated
in the AD order on SSB from India.15
Amended Cash Deposit Rates
Because Venus has been subject to a
subsequent administrative review which
established a revised cash deposit rate
for Venus,16 Commerce will not issue
revised cash deposit instructions to U.S.
Customs and Border Protection.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(b), and 777(i)(1) of the Act.
Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–02725 Filed 2–9–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–869]
Passenger Vehicle and Light Truck
Tires From Taiwan: Amended
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 6, 2021, the
Department of Commerce (Commerce)
published its preliminary determination
in the less-than-fair-value investigation
of passenger vehicle and light truck
(PVLT) tires from Taiwan in the Federal
Register. Commerce is amending this
preliminary determination to correct a
significant ministerial error.
DATES: Applicable February 10, 2021.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang or Lauren Caserta, AD/
CVD Operations, Enforcement and
Compliance, International Trade
AGENCY:
14 See
Second Remand Redetermination at 10.
at 15.
16 See, e.g., Stainless Steel Bar from India: Final
Results of Antidumping Duty Administrative
Review; 2018–2019, 85 FR 74985 (November 24,
2020).
15 Id.
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10FEN1
8886
Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5484 or (202) 482–4737,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2021, Commerce
published in the Federal Register the
Preliminary Determination in the lessthan-fair-value investigation of PVLT
tires from Taiwan.1 Commerce disclosed
all calculations to interested parties on
December 30, 2020. On January 5, 2021,
the United Steel, Paper and Forestry,
Rubber Manufacturing, Energy, Allied
Industrial and Service Workers
International Union (the petitioner) filed
timely ministerial error allegations
concerning the Preliminary
Determination for respondents Nankang
Rubber Tire Corp. Ltd. (Nankang) and
Cheng Shin Rubber Ind. Co. Ltd. (Cheng
Shin).2 Commerce also received
ministerial comments filed on behalf of
Nankang 3 and Cheng Shin.4
Period of Investigation
The period of investigation is April 1,
2019, through March 31, 2020.
Scope of the Investigation
The product covered by this
investigation is PVLT tires from Taiwan.
For a complete description of the scope
of the investigation, see the Appendix.
Significant Ministerial Error
In accordance with 19 CFR
351.224(e), Commerce ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination . . . .’’ A ministerial
error is defined in 19 CFR 351.224(f) as
‘‘an error in addition, subtraction, or
1 See Passenger Vehicle and Light Truck Tires
from Taiwan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 508
(January 6, 2021) (Preliminary Determination).
2 See Petitioner’s Letters, ‘‘Passenger Vehicle and
Light Truck Tires from the Republic of Taiwan:
Ministerial Error Comments—Nankang Preliminary
Margin,’’ dated January 5, 2021 (Petitioner’s
Nankang Ministerial Allegations) and ‘‘Passenger
Vehicle and Light Truck Tires from the Republic of
Taiwan: Ministerial Error Comments—Cheng Shin
Preliminary Margin,’’ dated January 5, 2021
(Petitioner’s Cheng Shin Ministerial Allegations).
3 See Nankang’s Letter, ‘‘Antidumping
Investigation of Passenger Vehicle and Light Truck
Tires from Taiwan—Comments on Ministerial Error
in Preliminary Determination,’’ dated January 5,
2021 (Nankang Ministerial Allegations).
4 See Cheng Shin’s Letter, ‘‘Passenger Vehicle and
Light Truck Tires from Taiwan: Cheng Shin Rubber
Ind. Co. Ltd., Significant Ministerial Error
Comments,’’ dated January 5, 2021 (Cheng Shin
Ministerial Allegations).
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other arithmetic function clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’ A significant ministerial
error is defined as a ministerial error,
the correction of which, singly or in
combination with other errors, would
result in: (1) A change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the original preliminary determination;
or (2) a difference between a weightedaverage dumping margin of zero or de
minimis and a weighted-average
dumping margin of greater than de
minimis or vice versa.5
Ministerial Error Allegations
The petitioner timely alleged that
Commerce made a ministerial error
involving one of Nankang’s programs
but noted that the error was not
significant.6 For Cheng Shin, the
petitioner alleged that Commerce made
significant ministerial errors regarding
Cheng Shin’s arm’s-length test results
and inclusion of Channel 3 sales in the
home market sales database.7 Nankang
alleged that Commerce committed a
ministerial error by failing to use a
home market of ‘‘viable’’ size as the
basis for normal value.8 Finally, Cheng
Shin alleged that Commerce failed to
exclude certain ‘‘out-of-scope’’ sales in
the dumping margin calculation, did not
match similar CONNUMs based on
similarity of product characteristics, did
not exclude Channel 3 sales from the
home market sales database, and failed
to deduct certain selling prices in Cheng
Shin’s margin calculation.9 After
analyzing these allegations, we
determine that we made a significant
ministerial error in the Preliminary
Determination with respect to the sales
used to calculate Cheng Shin’s margin.10
For a detailed discussion of the
aforementioned ministerial error
allegations, as well as Commerce’s
analysis of these comments, see the
Ministerial Error Memorandum.
Pursuant to 19 CFR 351.224(g)(1),
Commerce’s error in the application of
the arm’s-length test for Cheng Shin is
5 See
6 See
19 CFR 351.224(g)(1) and (2).
Petitioner’s Nankang Ministerial Allegations
at 2.
7 See Petitioner’s Cheng Shin Ministerial
Allegations at 2–3.
8 See Nankang Ministerial Allegations at 1–4.
9 See Cheng Shin Ministerial Allegations at 2–9.
10 See Memorandum, ‘‘Antidumping Duty
Investigation of Passenger Vehicle and Light Truck
Tires from Taiwan: Allegations of Significant
Ministerial Errors in the Preliminary
Determination,’’ dated January 29, 2021 (Ministerial
Error Memorandum).
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significant because its correction results
in a change of at least five absolute
percentage points in, but not less than
25 percent of, the estimated weightedaverage dumping margin calculated in
the Preliminary Determination (i.e., a
change from an estimated weightedaverage dumping margin of 52.42
percent to 30.21 percent). Therefore, we
are correcting the ministerial error and
amending our Preliminary
Determination accordingly.11
Amended Preliminary Determination
We are amending the Preliminary
Determination to reflect the correction
of a significant ministerial error made in
the margin calculation for Cheng Shin
in accordance with 19 CFR 351.224(e).
In addition, because the preliminary allothers rate was based on the estimated
weighted-average dumping margin
calculated for Cheng Shin, we are also
amending the all-others rate. As a result
of the correction of the ministerial error,
the revised estimated weighted-average
dumping margins are as follows:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Cheng Shin Rubber Ind. Co.
Ltd .....................................
All Others ..............................
33.33
84.83
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates
established in this amended preliminary
determination, in accordance with
section 773(d) of the Tariff Act of 1930,
as amended (the Act). Because these
amended rates result in reduced cash
deposit rates, they will be effective
retroactively to January 6, 2021, the date
of publication of the Preliminary
Determination.
International Trade Commission
Notification
In accordance with section 773(f) of
the Act, we intend to notify the
International Trade Commission of our
amended preliminary determination.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the amended
preliminary determination, in
accordance with 19 CFR 351.224.
11 See
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Ministerial Error Memorandum.
10FEN1
Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
Notification to Interested Parties
This amended preliminary
determination is issued and published
in accordance with sections 773(f) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–02726 Filed 2–9–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–909]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Republic of Korea:
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 seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from the Republic of
Korea (Korea) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation is July 1, 2019, through
June 30, 2020. Interested parties are
invited to comment on this preliminary
determination.
DATES: Applicable February 10, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua DeMoss, 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) 482–3362.
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 August 4, 2020.1 On November 19,
2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Czech Republic,
the Republic of Korea, the Russian Federation, and
Ukraine: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 47176 (August 4, 2020)
(Initiation Notice).
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18:53 Feb 09, 2021
Jkt 253001
8887
now February 3, 2021.2 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 made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Initiation Notice. See the revised scope
in Appendix I to this notice.
The deadline to submit scope case
briefs was established in the
Preliminary Scope Decision
Memorandum.6 There will be no further
opportunity for comments on scoperelated issues.
Scope of the Investigation
All-Others Rate
The products covered by this
investigation are seamless pipe from
Korea. For a complete description of the
scope of this investigation, see
Appendix I.
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that, in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for ILJIN, the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for ILJIN is the
margin preliminarily assigned to all
other producers and exporters, pursuant
to section 735(c)(5)(A) of the Act.
Scope Comments
In accordance with the preamble to
Commerce’s regulations, the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope). Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.4 For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.5
Commerce is preliminarily modifying
the scope language as it appeared in the
2 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea,
the Russian Federation, and Ukraine:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 85 FR 73687
(November 19, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Initiation Notice.
5 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic, the
Republic of Korea, the Russian Federation, and
Ukraine: Preliminary Scope Decision
Memorandum,’’ dated January 13, 2021
(Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export price in accordance
with section 772 of the Act. Commerce
has calculated normal value in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
6 Case briefs, other written comments, and
rebuttal briefs submitted in response to this
preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum; and ‘‘Public Comment’’
section of this notice. The deadline for case briefs
on scope-related issues is no later than 30 days after
the issuance of Preliminary Scope Decision
Memorandum.
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]]>Agencies
[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8885-8887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02726]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-869]
Passenger Vehicle and Light Truck Tires From Taiwan: Amended
Preliminary Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 6, 2021, the Department of Commerce (Commerce)
published its preliminary determination in the less-than-fair-value
investigation of passenger vehicle and light truck (PVLT) tires from
Taiwan in the Federal Register. Commerce is amending this preliminary
determination to correct a significant ministerial error.
DATES: Applicable February 10, 2021.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Lauren Caserta, AD/
CVD Operations, Enforcement and Compliance, International Trade
[[Page 8886]]
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-5484 or (202) 482-4737,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2021, Commerce published in the Federal Register the
Preliminary Determination in the less-than-fair-value investigation of
PVLT tires from Taiwan.\1\ Commerce disclosed all calculations to
interested parties on December 30, 2020. On January 5, 2021, the United
Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied
Industrial and Service Workers International Union (the petitioner)
filed timely ministerial error allegations concerning the Preliminary
Determination for respondents Nankang Rubber Tire Corp. Ltd. (Nankang)
and Cheng Shin Rubber Ind. Co. Ltd. (Cheng Shin).\2\ Commerce also
received ministerial comments filed on behalf of Nankang \3\ and Cheng
Shin.\4\
---------------------------------------------------------------------------
\1\ See Passenger Vehicle and Light Truck Tires from Taiwan:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 86 FR 508 (January 6, 2021) (Preliminary
Determination).
\2\ See Petitioner's Letters, ``Passenger Vehicle and Light
Truck Tires from the Republic of Taiwan: Ministerial Error
Comments--Nankang Preliminary Margin,'' dated January 5, 2021
(Petitioner's Nankang Ministerial Allegations) and ``Passenger
Vehicle and Light Truck Tires from the Republic of Taiwan:
Ministerial Error Comments--Cheng Shin Preliminary Margin,'' dated
January 5, 2021 (Petitioner's Cheng Shin Ministerial Allegations).
\3\ See Nankang's Letter, ``Antidumping Investigation of
Passenger Vehicle and Light Truck Tires from Taiwan--Comments on
Ministerial Error in Preliminary Determination,'' dated January 5,
2021 (Nankang Ministerial Allegations).
\4\ See Cheng Shin's Letter, ``Passenger Vehicle and Light Truck
Tires from Taiwan: Cheng Shin Rubber Ind. Co. Ltd., Significant
Ministerial Error Comments,'' dated January 5, 2021 (Cheng Shin
Ministerial Allegations).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is April 1, 2019, through March 31,
2020.
Scope of the Investigation
The product covered by this investigation is PVLT tires from
Taiwan. For a complete description of the scope of the investigation,
see the Appendix.
Significant Ministerial Error
In accordance with 19 CFR 351.224(e), Commerce ``will analyze any
comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination . . . .'' A
ministerial error is defined in 19 CFR 351.224(f) as ``an error in
addition, subtraction, or other arithmetic function clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original preliminary
determination; or (2) a difference between a weighted-average dumping
margin of zero or de minimis and a weighted-average dumping margin of
greater than de minimis or vice versa.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(g)(1) and (2).
---------------------------------------------------------------------------
Ministerial Error Allegations
The petitioner timely alleged that Commerce made a ministerial
error involving one of Nankang's programs but noted that the error was
not significant.\6\ For Cheng Shin, the petitioner alleged that
Commerce made significant ministerial errors regarding Cheng Shin's
arm's-length test results and inclusion of Channel 3 sales in the home
market sales database.\7\ Nankang alleged that Commerce committed a
ministerial error by failing to use a home market of ``viable'' size as
the basis for normal value.\8\ Finally, Cheng Shin alleged that
Commerce failed to exclude certain ``out-of-scope'' sales in the
dumping margin calculation, did not match similar CONNUMs based on
similarity of product characteristics, did not exclude Channel 3 sales
from the home market sales database, and failed to deduct certain
selling prices in Cheng Shin's margin calculation.\9\ After analyzing
these allegations, we determine that we made a significant ministerial
error in the Preliminary Determination with respect to the sales used
to calculate Cheng Shin's margin.\10\ For a detailed discussion of the
aforementioned ministerial error allegations, as well as Commerce's
analysis of these comments, see the Ministerial Error Memorandum.
---------------------------------------------------------------------------
\6\ See Petitioner's Nankang Ministerial Allegations at 2.
\7\ See Petitioner's Cheng Shin Ministerial Allegations at 2-3.
\8\ See Nankang Ministerial Allegations at 1-4.
\9\ See Cheng Shin Ministerial Allegations at 2-9.
\10\ See Memorandum, ``Antidumping Duty Investigation of
Passenger Vehicle and Light Truck Tires from Taiwan: Allegations of
Significant Ministerial Errors in the Preliminary Determination,''
dated January 29, 2021 (Ministerial Error Memorandum).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.224(g)(1), Commerce's error in the
application of the arm's-length test for Cheng Shin is significant
because its correction results in a change of at least five absolute
percentage points in, but not less than 25 percent of, the estimated
weighted-average dumping margin calculated in the Preliminary
Determination (i.e., a change from an estimated weighted-average
dumping margin of 52.42 percent to 30.21 percent). Therefore, we are
correcting the ministerial error and amending our Preliminary
Determination accordingly.\11\
---------------------------------------------------------------------------
\11\ See Ministerial Error Memorandum.
---------------------------------------------------------------------------
Amended Preliminary Determination
We are amending the Preliminary Determination to reflect the
correction of a significant ministerial error made in the margin
calculation for Cheng Shin in accordance with 19 CFR 351.224(e). In
addition, because the preliminary all-others rate was based on the
estimated weighted-average dumping margin calculated for Cheng Shin, we
are also amending the all-others rate. As a result of the correction of
the ministerial error, the revised estimated weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Cheng Shin Rubber Ind. Co. Ltd.......................... 33.33
All Others.............................................. 84.83
------------------------------------------------------------------------
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended
preliminary determination, in accordance with section 773(d) of the
Tariff Act of 1930, as amended (the Act). Because these amended rates
result in reduced cash deposit rates, they will be effective
retroactively to January 6, 2021, the date of publication of the
Preliminary Determination.
International Trade Commission Notification
In accordance with section 773(f) of the Act, we intend to notify
the International Trade Commission of our amended preliminary
determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
[[Page 8887]]
Notification to Interested Parties
This amended preliminary determination is issued and published in
accordance with sections 773(f) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-02726 Filed 2-9-21; 8:45 am]
BILLING CODE 3510-DS-P
