Passenger Vehicle and Light Truck Tires From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value, 28563-28566 [2021-11263]
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Adjustment under Section 777A(f) of the
Act
VI. Adjustments to Cash Deposit Rates for
Export Subsidies
VII. Discussion of the Issues
Comment 1: Appropriate Adverse Facts
Available (AFA) Rate for the VietnamWide Entity
Comment 2: Selecting Kumho Tire
(Vietnam) Co., Ltd. (KTV) as a Voluntary
Respondent
Comment 3: KTV’s Request to Be Excluded
from the Order
Comment 4: Whether Kenda’s Rate Should
Be Based on AFA
Comment 5: Whether Sailun’s Rate Should
Be Based on AFA
Comment 6: Classification of U.S. Sales as
Export Price (EP) or Constructed Export
Price (CEP)
Comment 7: Surrogate Value (SV) for
Ocean Freight for Sailun’s Sales
Comment 8: SV of Bead Wire
Comment 9: Other Issues Raised by Sailun
VIII. Recommendation
[FR Doc. 2021–11266 Filed 5–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–869]
jbell on DSKJLSW7X2PROD with NOTICES
Passenger Vehicle and Light Truck
Tires From Taiwan: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
passenger vehicle and light truck tires
AGENCY:
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17:29 May 26, 2021
Jkt 253001
(passenger tires) from Taiwan are being,
or are likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) April 1,
2019, through March 31, 2020.
DATES: Applicable May 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Lauren Caserta or Chien-Min Yang, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4737 or
(202) 482–5484, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2021, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of passenger
tires from Taiwan, in which we also
postponed the final determination until
May 21, 2021.1 We invited interested
parties to comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, may be found in the
Issues and Decision Memorandum.2
28563
Memorandum.4 With the exception of
one revision to correct a typographical
error, Commerce is not modifying the
scope language as it appeared in the
correction to the Preliminary
Determination.5 See Appendix I for the
final scope of the investigation.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
at Appendix II. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn.
Scope Comments
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act).6
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.3 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we addressed in
the Final Scope Decision
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings
related to our request for information in
lieu of verification, we made changes to
the margin calculations for both Cheng
Shin Rubber Ind. Co., Ltd.’s (Cheng
Shin) and Nankang Rubber Tire Corp.
Ltd. (Nankang). For a discussion of
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), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Passenger Vehicle and Light Truck
Tires from Taiwan,’’ dated concurrently with, and
herby adopted by, this notice (Issues and Decision
Memorandum).
3 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 December 29, 2020
(Preliminary Scope Decision Memorandum).
4 See Memorandum, ‘‘Passenger Vehicle and
Light Truck Tires from the Republic of Korea,
Taiwan, Thailand, and the Socialist Republic of
Vietnam: Scope Comments Final Decision
Memorandum.’’ dated concurrently with this notice
(Final Scope Decision Memorandum).
5 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and
the Socialist Republic of Vietnam: Notice of
Correction to Preliminary Determinations in LessThan-Fair-Value Investigations, 86 FR 7252
(January 27, 2021).
6 See Commerce’s Letters, ‘‘In Lieu of Verification
Questionnaire for Cheng Shin Rubber Ind. Co. Ltd.
in the Antidumping Duty Investigation of Passenger
Vehicle and Light Truck Tires from Taiwan,’’ dated
February 25, 2021; and ‘‘In Lieu of Verification
Questionnaire for Nankang Rubber Tire Corp., Ltd.
in the Antidumping Duty Investigation of Passenger
Vehicle and Light Truck Tires from Taiwan,’’ dated
February 24, 2021.
Scope of the Investigation
The products covered by this
investigation are passenger tires from
Taiwan. For a complete description of
the scope of this investigation, see
Appendix I.
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Pursuant to section
735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins
established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers or exporters.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for Cheng Shin and
Nankang that are not zero, de minimis,
or based entirely on facts otherwise
available. Commerce calculated the allothers rate using a weighted-average of
the estimated weighted-average
dumping margins calculated for the
examined respondents weighted by each
company’s publicly-ranged total U.S.
sale values for the merchandise under
consideration.7
Final Determination
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The final estimated weighted-average
dumping margins are as follows:
7 With two respondents under examination,
Commerce normally calculates: (A) A weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sale quantities for
the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, please see Memorandum, ‘‘Antidumping
Duty Investigation of Passenger Vehicle and Light
Truck Tires from Taiwan: Final Determination
Calculation for the All-Others Rate,’’ dated
concurrently with this FR notice.
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17:29 May 26, 2021
Jkt 253001
material injury, by reason of imports or
sales (or the likelihood of sales) of
passenger tires no later than 45 days
Exporter/producer
after this final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
Cheng Shin Rubber Ind. Co., Ltd
20.04 terminated, and all cash deposits posted
Nankang Rubber Tire Corp. Ltd
101.84 will be refunded and suspension of
All Others ....................................
84.75 liquidation will be lifted. If the ITC
determines that such injury does exist,
Disclosure
Commerce will issue an antidumping
We intend to disclose the calculations duty order directing CBP to assess, upon
further instruction by Commerce,
performed in this final determination
antidumping duties on all imports of the
within five days of the date of
publication of this notice to parties in
subject merchandise entered, or
this proceeding in accordance with 19
withdrawn from warehouse, for
CFR 351.224(b).
consumption on or after the effective
date of the suspension of liquidation, as
Continuation of Suspension of
discussed above in the ‘‘Continuation of
Liquidation
Suspension of Liquidation’’ section.
In accordance with section
Notification Regarding Administrative
735(c)(1)(B) of the Act, Commerce will
Protective Orders
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
This notice will serve as a final
liquidation of all appropriate entries of
reminder to the parties subject to
passenger tires from Taiwan, as
administrative protective order (APO) of
described in Appendix I of this notice,
their responsibility concerning the
which are entered, or withdrawn from
disposition of proprietary information
warehouse, for consumption on or after
disclosed under APO in accordance
January 6, 2021, the date of publication
with 19 CFR 351.305(a)(3). Timely
in the Federal Register of the
written notification of return or
affirmative Preliminary Determination.
destruction of APO materials or
Pursuant to section 735(c)(1)(B)(ii) of
conversion to judicial protective order is
the Act and 19 CFR 351.210(d), we will
hereby requested. Failure to comply
instruct CBP to require a cash deposit
with the regulations and the terms of an
equal to the estimated weighted-average APO is a sanctionable violation.
dumping margin or the estimated allNotification to Interested Parties
others rate, as follows: (1) The cash
deposit rate for the respondents listed
This determination and this notice are
above will be equal to the companyissued and published pursuant to
specific estimated weighted-average
sections 735(d) and 777(i)(1) of the Act,
dumping margins determined in this
and 19 CFR 351.210(c).
final determination; (2) if the exporter is
Dated: May 21, 2021.
not a respondent identified above, but
Christian Marsh,
the producer is, then the cash deposit
Acting Assistant Secretary for Enforcement
rate will be equal to the companyand Compliance.
specific estimated weighted-average
Appendix I—Scope of the Investigation
dumping margin established for that
producer of the subject merchandise;
The scope of this investigation is passenger
and (3) the cash deposit rate for all other vehicle and light truck tires. Passenger
producers and exporters will be equal to vehicle and light truck tires are new
the all-others estimated weightedpneumatic tires, of rubber, with a passenger
vehicle or light truck size designation. Tires
average dumping margin. These
covered by this investigation may be tubesuspension of liquidation instructions
will remain in effect until further notice. type, tubeless, radial, or non-radial, and they
Estimated
weightedaverage
dumping
margin
(percent)
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
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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.
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
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.
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
UTQG molded on the tire sidewall;
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17:29 May 26, 2021
Jkt 253001
(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 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
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(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:
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Nankang’s Withdrawal and Request for
Destruction of Business Proprietary
Information
V. Changes from the Preliminary
Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce Should
Utilize Cheng Shin’s Affiliate Sales for
the Calculation of Normal Value
Comment 2: Whether Commerce Should
Treat Home Market Sales as Being at the
Same Level of Trade
Comment 3: Whether Commerce Should
Grant Certain Post-Sale Price
Adjustments and Inland Freight
Expenses for Affiliated Sales
Comment 4: Whether Commerce Should
Exclude Certain Alleged ‘‘Out-of-Scope’’
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
Tires from Cheng Shin’s Margin
Calculation
Comment 5: Whether Commerce Should
Match Control Numbers in the U.S. and
Home Markets Based on Similarities in
Product Characteristics
Comment 6: Whether Commerce Should
Take Tire Category into Account in
Conducting its Matching Analysis
Comment 7: Whether Commerce Should
Exclude Home Market CONNUMs with
Small Quantities From the Dumping
Calculation
Comment 8: Whether Commerce Should
Remove Maxxis-branded Home Market
Sales for the Calculation of Normal
Value
Comment 9: Whether Commerce Should
Remove Sales Not Intended for Sale in
the U.S. Market from Dumping
Calculation
Comment 10: Whether Commerce Should
Use the A-to-A Methodology in the Final
Determination and Refrain from Zeroing
Comment 11: Whether Commerce Should
Allow Certain Non-Operating Income
Offsets to the Reported General and
Administrative (G&A) Expenses
VII. Recommendation
[FR Doc. 2021–11263 Filed 5–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Period of Investigation
International Trade Administration
The period of investigation is January
1, 2019, through December 31, 2019.
[C–552–829]
Scope of the Investigation
Passenger Vehicle and Light Truck
Tires From the Socialist Republic of
Vietnam: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
passenger vehicle and light truck tires
(passenger tires) from the Socialist
Republic of Vietnam (Vietnam).
DATES: Applicable May 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Thomas Schauer,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0198 or
(202) 482–0410, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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In addition to the Government of
Vietnam (GOV), the mandatory
respondents in this investigation are
Kumho Tire (Vietnam) Co., Ltd. (KTV)
and Sailun (Vietnam) Co., Ltd. (Sailun).
In the Preliminary Determination, and
in accordance with section 705(a)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(b)(4),
Commerce aligned the final
countervailable duty (CVD)
determination with the final
antidumping duty (AD) determination.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination is found in
the Issues and Decision Memorandum.3
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Background
On November 10, 2020, Commerce
published the Preliminary
Determination in the Federal Register.1
1 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam: Preliminary
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The products covered by this
investigation are passenger tires from
Vietnam. For a complete description of
the scope of the investigation, see
Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.4 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 85 FR 71607
(November 10, 2020) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Determination, 85 FR at 71608.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Passenger
Vehicle and Light Truck Tires from the Socialist
Republic of Vietnam,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 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 December 29, 2020
(Preliminary Scope Decision Memorandum).
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
Final Scope Decision Memorandum.5
With the exception of one revision to
correct a typographical error, Commerce
is not modifying the scope language as
it appeared in the correction to the
preliminary determinations issued in
the concurrent AD investigations.6 See
Appendix I for the final scope of the
investigation.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Act.7
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, to
which we responded in the Issues and
Decision Memorandum, see Appendix II
of this notice.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.8 For a full
5 See Memorandum, ‘‘Passenger Vehicle and
Light Truck Tires from the Republic of Korea,
Taiwan, Thailand, and the Socialist Republic of
Vietnam: Scope Comments Final Decision
Memorandum,’’ dated concurrently with, and
hereby adopted by, this notice (Final Scope
Decision Memorandum).
6 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and
the Socialist Republic of Vietnam: Notice of
Correction to Preliminary Determinations in LessThan-Fair-Value Investigations, 86 FR 7252
(January 27, 2021).
7 See Commerce’s Letters, dated February 18,
2021; see also GOV’s Letter, ‘‘Passenger Vehicle and
Light Truck Tires from the Socialist Republic of
Vietnam: GOV’s Verification Questionnaire
Response,’’ dated February 26, 2021; KTVs Letter,
‘‘Countervailing Duty Investigation of Passenger
Vehicle and Light Truck Tires from Vietnam—
Response to February 18 In Lieu of Verification
Questionnaire,’’ dated February 26, 2021; and
Sailun’s Letter, ‘‘Sailun Verification Questionnaire
Response in the Countervailing Duty Investigation
of Passenger Vehicle and Light Truck Tires
(‘‘PVLT’’) From Vietnam (C–552–829),’’ dated
February 26, 2021.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\27MYN1.SGM
27MYN1
]]>Agencies
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28563-28566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11263]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-869]
Passenger Vehicle and Light Truck Tires From Taiwan: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of passenger vehicle and light truck tires (passenger tires) from
Taiwan are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) April 1,
2019, through March 31, 2020.
DATES: Applicable May 27, 2021.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta or Chien-Min Yang, AD/
CVD Operations, Office VII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4737 or (202)
482-5484, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2021, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
passenger tires from Taiwan, in which we also postponed the final
determination until May 21, 2021.\1\ We invited interested parties to
comment on the Preliminary Determination. A summary of the events that
occurred since Commerce published the Preliminary Determination, may be
found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\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), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Passenger Vehicle and Light Truck Tires from
Taiwan,'' dated concurrently with, and herby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are passenger tires from
Taiwan. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments.\3\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we addressed in the Final Scope Decision Memorandum.\4\ With the
exception of one revision to correct a typographical error, Commerce is
not modifying the scope language as it appeared in the correction to
the Preliminary Determination.\5\ See Appendix I for the final scope of
the investigation.
---------------------------------------------------------------------------
\3\ 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 December 29, 2020 (Preliminary Scope Decision
Memorandum).
\4\ See Memorandum, ``Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Scope Comments Final Decision Memorandum.''
dated concurrently with this notice (Final Scope Decision
Memorandum).
\5\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, Thailand, and the Socialist Republic of
Vietnam: Notice of Correction to Preliminary Determinations in Less-
Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\6\
---------------------------------------------------------------------------
\6\ See Commerce's Letters, ``In Lieu of Verification
Questionnaire for Cheng Shin Rubber Ind. Co. Ltd. in the Antidumping
Duty Investigation of Passenger Vehicle and Light Truck Tires from
Taiwan,'' dated February 25, 2021; and ``In Lieu of Verification
Questionnaire for Nankang Rubber Tire Corp., Ltd. in the Antidumping
Duty Investigation of Passenger Vehicle and Light Truck Tires from
Taiwan,'' dated February 24, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings
related to our request for information in lieu of verification, we made
changes to the margin calculations for both Cheng Shin Rubber Ind. Co.,
Ltd.'s (Cheng Shin) and Nankang Rubber Tire Corp. Ltd. (Nankang). For a
discussion of
[[Page 28564]]
these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Cheng Shin and Nankang that are not zero,
de minimis, or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a weighted-average of the
estimated weighted-average dumping margins calculated for the examined
respondents weighted by each company's publicly-ranged total U.S. sale
values for the merchandise under consideration.\7\
---------------------------------------------------------------------------
\7\ With two respondents under examination, Commerce normally
calculates: (A) A weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, please see Memorandum, ``Antidumping Duty Investigation of
Passenger Vehicle and Light Truck Tires from Taiwan: Final
Determination Calculation for the All-Others Rate,'' dated
concurrently with this FR notice.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Cheng Shin Rubber Ind. Co., Ltd............................. 20.04
Nankang Rubber Tire Corp. Ltd............................... 101.84
All Others.................................................. 84.75
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of passenger tires from
Taiwan, as described in Appendix I of this notice, which are entered,
or withdrawn from warehouse, for consumption on or after January 6,
2021, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit equal to the
estimated weighted-average dumping margin or the estimated all-others
rate, as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the company-specific estimated weighted-average
dumping margins determined in this final determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) of passenger tires no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded and suspension of liquidation will be lifted. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: May 21, 2021.
Christian Marsh,
Acting 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.
[[Page 28565]]
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.
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 UTQG 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:
------------------------------------------------------------------------
American standard size Metric size Load 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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Nankang's Withdrawal and Request for Destruction of Business
Proprietary Information
V. Changes from the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Utilize Cheng Shin's
Affiliate Sales for the Calculation of Normal Value
Comment 2: Whether Commerce Should Treat Home Market Sales as
Being at the Same Level of Trade
Comment 3: Whether Commerce Should Grant Certain Post-Sale Price
Adjustments and Inland Freight Expenses for Affiliated Sales
Comment 4: Whether Commerce Should Exclude Certain Alleged
``Out-of-Scope''
[[Page 28566]]
Tires from Cheng Shin's Margin Calculation
Comment 5: Whether Commerce Should Match Control Numbers in the
U.S. and Home Markets Based on Similarities in Product
Characteristics
Comment 6: Whether Commerce Should Take Tire Category into
Account in Conducting its Matching Analysis
Comment 7: Whether Commerce Should Exclude Home Market CONNUMs
with Small Quantities From the Dumping Calculation
Comment 8: Whether Commerce Should Remove Maxxis-branded Home
Market Sales for the Calculation of Normal Value
Comment 9: Whether Commerce Should Remove Sales Not Intended for
Sale in the U.S. Market from Dumping Calculation
Comment 10: Whether Commerce Should Use the A-to-A Methodology
in the Final Determination and Refrain from Zeroing
Comment 11: Whether Commerce Should Allow Certain Non-Operating
Income Offsets to the Reported General and Administrative (G&A)
Expenses
VII. Recommendation
[FR Doc. 2021-11263 Filed 5-26-21; 8:45 am]
BILLING CODE 3510-DS-P
