Passenger Vehicle and Light Truck Tires From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 28548-28551 [2021-11264]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 28548 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by ownership, control, position of responsibility, affiliation or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of Sections 766.24(e) of the EAR, Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Mahan Air General Trading LLC, Mehdi Bahrami, Sky Blue Bird Group, and/or Issam Shammout may, at any time, appeal their inclusion as a related person by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each related VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 person, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Dated: May 21st, 2021. Kevin J. Kurland, Acting Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2021–11194 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–842] Passenger Vehicle and Light Truck Tires From Thailand: 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 passenger vehicle and light truck tires (passenger tires) from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2019, through March 31, 2020. DATES: Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT: Leo Ayala or Myrna Lobo, 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) 482–3945 or (202) 482–2371, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 6, 2021, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of passenger tires from Thailand, 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 the Republic of Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 517 (January 6, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Scope of the Investigation The products covered by this investigation are passenger tires from Thailand. 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. 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 http://enforcement.trade.gov/ frn. Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from Thailand,’’ 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). E:\FR\FM\27MYN1.SGM 27MYN1 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 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 an 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 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 regarding Sumitomo Rubber (Thailand) Co., Ltd. (SRT) and LLIT (Thailand) Co., Ltd. (LLIT). For a discussion of these changes, see Comments 1 through 5 of the Issues and Decision Memorandum.7 jbell on DSKJLSW7X2PROD with NOTICES 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 SRT and LLIT 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 individually examined mandatory respondents using each company’s publicly-ranged total 6 See Commerce’s Letter, ‘‘In Lieu of Verification Supplemental,’’ dated March 8, 2021; see also SRT’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea (A–549–842): Verification Questionnaire Response,’’ dated March 16, 2021; and LLIT’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from South Korea: Response to Request for Information In Lieu of Verification,’’ dated March 24, 2021. 7 See Issues and Decision Memorandum. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 28549 U.S. sale values for the merchandise under consideration.8 others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyFinal Determination specific estimated weighted-average The final estimated weighted-average dumping margins determined in this dumping margins are as follows: final determination; (2) if the exporter is not a respondent identified above, but Estimated weighted- the producer is, then the cash deposit rate will be equal to the companyaverage Exporter/producer dumping specific estimated weighted-average margin dumping margin established for that (percent) producer of the subject merchandise; and (3) the cash deposit rate for all other Sumitomo Rubber (Thailand) Co., Ltd ................................... 14.62 producers and exporters will be equal to LLIT (Thailand) Co., Ltd ............. 21.09 the all others estimated weightedAll Others .................................... 17.08 average dumping margin. These suspension of liquidation instructions Disclosure will remain in effect until further notice. We intend to disclose the calculations International Trade Commission performed in this final determination Notification within is five days of the date of publication of this notice to parties in In accordance with section 735(d) of this proceeding in accordance with 19 the Act, we will notify the International CFR 351.224(b). Trade Commission (ITC) of the final affirmative determination of sales at Continuation of Suspension of LTFV. Because Commerce’s final Liquidation determination is affirmative, in In accordance with section accordance with section 735(b)(2) of the 735(c)(1)(B) of the Act, Commerce will Act, the ITC will make its final instruct U.S. Customs and Border determination as to whether the Protection (CBP) to continue to suspend domestic industry in the United States liquidation of all appropriate entries of is materially injured, or threatened with passenger tires from Thailand, as material injury, by reason of imports or described in Appendix I of this notice, sales (or the likelihood of sales) of which are entered, or withdrawn from passenger tires no later than 45 days warehouse, for consumption on or after after this final determination. If the ITC January 6, 2021, the date of publication determines that such injury does not in the Federal Register of the exist, this proceeding will be affirmative Preliminary Determination. terminated, and all cash deposits posted Pursuant to section 735(c)(1)(B)(ii) of will be refunded and suspension of the Act and 19 CFR 351.210(d), we will liquidation will be lifted. If the ITC instruct CBP to require a cash deposit equal to the estimated weighted-average determines that such injury does exist, Commerce will issue an AD order dumping margin or the estimated alldirecting CBP to assess, upon further 8 With two respondents under examination, instruction by Commerce, AD duties on Commerce normally calculates: (A) A weightedall imports of the subject merchandise average of the estimated weighted-average dumping entered, or withdrawn from warehouse, margins calculated for the examined respondents; for consumption on or after the effective (B) a simple average of the estimated weighteddate of the suspension of liquidation, as average dumping margins calculated for the examined respondents; and (C) a weighted-average discussed above in the ‘‘Continuation of of the estimated weighted-average dumping margins Suspension of Liquidation’’ section. 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, ‘‘Final Determination of the Less-Than-Fair Value Investigation of Passenger Vehicles and Light Truck Tires from Korea: Rate for Non-Examined Companies,’’ dated concurrently with this FR notice. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 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. E:\FR\FM\27MYN1.SGM 27MYN1 28550 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 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. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. jbell on DSKJLSW7X2PROD with NOTICES 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 this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 (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, 245/ 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 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 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 (American standard or metric) and load index combinations: American standard 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 E:\FR\FM\27MYN1.SGM 27MYN1 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 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. Background [FR Doc. 2021–11264 Filed 5–26–21; 8:45 am] On March 10, 2020, Commerce published in the Federal Register the notice of initiation of an AD administrative review on softwood lumber from Canada.1 On March 10, 2020, based on timely requests for administrative reviews, Commerce initiated an AD administrative review covering 268 companies and has not rescinded the review of any of these companies.2 Thus, the review covers 268 producers/exporters of the subject merchandise, including mandatory respondents Canfor 3 and West Fraser.4 The remaining companies were not selected for individual examination and remain subject to this administrative review. On April 24, 2020 and July 21, 2020, Commerce tolled all deadlines in administrative reviews by 50 days and 60 days, respectively, thereby extending the deadline for issuing the preliminary results of this review.5 On January 8, 2021, we extended the preliminary results until May 20, 2021.6 BILLING CODE 3510–DS–P Scope of the Order DEPARTMENT OF COMMERCE International Trade Administration The product covered by this review is softwood lumber from Canada. For a full description of the scope, see the Preliminary Decision Memorandum.7 [A–122–857] Methodology Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Scope of the Investigation V. Discussion of the Issues Comment 1: SRT’s U.S. Date of Sale Comment 2: SRT’s Direct Expenses Comment 3: SRT’s Warranty Costs Comment 4: SRT’s Differential Pricing Analysis Comment 5: Whether LLIT Satisfies the Requirements for the Duty Drawback Adjustment and the Appropriate Calculation Methodology for LLIT and SRT VI. Recommendation Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended Certain Softwood Lumber Products From Canada: Preliminary Results of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain softwood lumber products (softwood lumber) from Canada. The period of review (POR) is January 1, 2019, through December 31, 2019. Commerce preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results. DATES: Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen (Canfor), and Maisha Cryor (West Fraser), AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, AGENCY: jbell on DSKJLSW7X2PROD with NOTICES DC 20230; telephone: (202) 482–2769 and (202) 482–5831, respectively. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 13860 (March 10, 2020). 2 Id. 3 As described in the Preliminary Decision Memorandum, we have treated Canfor Corporation, Canadian Forest Products Ltd., and Canfor Wood Products Marketing Ltd. (collectively, Canfor) as a single entity. See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Softwood Lumber Products from Canada; 2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum) at 5. 4 As described in the Preliminary Decision Memorandum, we have treated West Fraser Mills Ltd., Blue Ridge Lumber Inc., Manning Forest Products Ltd., and Sundre Forest Products Inc. (collectively, West Fraser) as a single entity. See Preliminary Decision Memorandum at 5–6. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020; and Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 6 See Memorandum ‘‘Extension of Deadline for Preliminary Results of Second Antidumping Duty Administrative Review,’’ dated January 8, 2021. 7 See Preliminary Decision Memorandum at 3–5. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 28551 (the Act). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics is included in the Preliminary Decision Memorandum as Appendix I 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 is available at http:// enforcement.trade.gov/frn/. Preliminary Results of the Administrative Review We preliminarily determine that the following weighted-average dumping margins exist for the period January 1, 2019, through December 31, 2019: Exporter/producer Canfor Corporation/Canadian Forest Products Ltd./Canfor Wood Products Marketing Ltd West Fraser Mills Ltd./Blue Ridge Lumber Inc./Manning Forest Products Ltd./and Sundre Forest Products Inc .... Non-Selected Companies ........... Weightedaverage margin (percent) 18.62 6.58 12.05 Rate for Companies Not Individually Examined Generally, when calculating margins for non-selected respondents, Commerce looks to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the allothers margin in an investigation. Section 735(c)(5)(A) of the Act provides that when calculating the all-others margin, Commerce will exclude any zero and de minimis weighted-average dumping margins, as well as any weighted-average dumping margins based on total facts available. Accordingly, Commerce’s usual practice has been to average the margins for selected respondents, excluding margins that are zero, de minimis, or based entirely on facts available. In this review, we calculated a weighted-average dumping margin of 18.62 percent for Canfor and 6.58 percent for West Fraser. In accordance with section 735(c)(5)(A) of the Act, Commerce assigned the weightedaverage of these two calculated weighted-average dumping margins, 12.05 percent, to the non-selected companies in these preliminary results. E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28548-28551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11264]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-842]


Passenger Vehicle and Light Truck Tires From Thailand: 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 
passenger vehicle and light truck tires (passenger tires) from Thailand 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV) for the period of investigation (POI) April 1, 2019, 
through March 31, 2020.

DATES: Applicable May 27, 2021.

FOR FURTHER INFORMATION CONTACT: Leo Ayala or Myrna Lobo, 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) 482-3945 or (202) 482-2371, 
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 Thailand, 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\
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    \1\ See Passenger Vehicle and Light Truck Tires from the 
Republic of Thailand: Preliminary Affirmative Determination of Sales 
at Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures, 86 FR 517 (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 
Thailand,'' dated concurrently with, and herby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are passenger tires from 
Thailand. 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.
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    \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).
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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 http://enforcement.trade.gov/frn.

[[Page 28549]]

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 an 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 Letter, ``In Lieu of Verification 
Supplemental,'' dated March 8, 2021; see also SRT's Letter, 
``Passenger Vehicle and Light Truck Tires from the Republic of Korea 
(A-549-842): Verification Questionnaire Response,'' dated March 16, 
2021; and LLIT's Letter, ``Passenger Vehicle and Light Truck Tires 
from South Korea: Response to Request for Information In Lieu of 
Verification,'' dated March 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 regarding Sumitomo Rubber (Thailand) 
Co., Ltd. (SRT) and LLIT (Thailand) Co., Ltd. (LLIT). For a discussion 
of these changes, see Comments 1 through 5 of the Issues and Decision 
Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See 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 SRT and LLIT 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 individually examined 
mandatory respondents using each company's publicly-ranged total U.S. 
sale values for the merchandise under consideration.\8\
---------------------------------------------------------------------------

    \8\ 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, ``Final Determination of the Less-
Than-Fair Value Investigation of Passenger Vehicles and Light Truck 
Tires from Korea: Rate for Non-Examined Companies,'' 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)
------------------------------------------------------------------------
Sumitomo Rubber (Thailand) Co., Ltd.........................       14.62
LLIT (Thailand) Co., Ltd....................................       21.09
All Others..................................................       17.08
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in this final 
determination within is 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 
Thailand, 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 AD order 
directing CBP to assess, upon further instruction by Commerce, AD 
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.

[[Page 28550]]

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.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

Scope of the Investigation

    The scope of this investigation is passenger vehicle and light 
truck tires. Passenger vehicle and light truck tires are new 
pneumatic tires, of rubber, with a passenger vehicle or light truck 
size designation. Tires covered by this investigation may be tube-
type, tubeless, radial, or non-radial, and they may be intended for 
sale to original equipment manufacturers or the replacement market.
    Subject tires have, at the time of importation, the symbol 
``DOT'' on the sidewall, certifying that the tire conforms to 
applicable motor vehicle safety standards. Subject tires may also 
have the following prefixes or suffix in their tire size 
designation, which also appears on the sidewall of the tire:
    Prefix designations:
    P--Identifies a tire intended primarily for service on passenger 
cars.
    LT--Identifies a tire intended primarily for service on light 
trucks.
    Suffix letter designations:
    LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal 
highway service.
    All tires with a ``P'' or ``LT'' prefix, and all tires with an 
``LT'' suffix in their sidewall markings are covered by this 
investigation regardless of their intended use.
    In addition, all tires that lack a ``P'' or ``LT'' prefix or 
suffix in their sidewall markings, as well as all tires that include 
any other prefix or suffix in their sidewall markings, are included 
in the scope, regardless of their intended use, as long as the tire 
is of a size that fits passenger cars or light trucks. Sizes that 
fit passenger cars and light trucks include, but are not limited to, 
the numerical size designations listed in the passenger car section 
or light truck section of the Tire and Rim Association Year Book, as 
updated annually. The scope includes all tires that are of a size 
that fits passenger cars or light trucks, unless the tire falls 
within one of the specific exclusions set out below.
    Passenger vehicle and light truck tires, whether or not attached 
to wheels or rims, are included in the scope. However, if a subject 
tire is imported attached to a wheel or rim, only the tire is 
covered by the scope.
    Specifically excluded from the scope are the following types of 
tires:
    (1) Racing car tires; such tires do not bear the symbol ``DOT'' 
on the sidewall and may be marked with ``ZR'' in size designation;
    (2) pneumatic tires, of rubber, that are not new, including 
recycled and retreaded tires;
    (3) non-pneumatic tires, such as solid rubber tires;
    (4) tires designed and marketed exclusively as temporary use 
spare tires for passenger vehicles which, in addition, exhibit each 
of the following physical characteristics:
    (a) The size designation and load index combination molded on 
the tire's sidewall are listed in Table PCT-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, 245/70R18, 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                 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

[[Page 28551]]

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. Changes from the Preliminary Determination
IV. Scope of the Investigation
V. Discussion of the Issues
    Comment 1: SRT's U.S. Date of Sale
    Comment 2: SRT's Direct Expenses
    Comment 3: SRT's Warranty Costs
    Comment 4: SRT's Differential Pricing Analysis
    Comment 5: Whether LLIT Satisfies the Requirements for the Duty 
Drawback Adjustment and the Appropriate Calculation Methodology for 
LLIT and SRT
VI. Recommendation

[FR Doc. 2021-11264 Filed 5-26-21; 8:45 am]
BILLING CODE 3510-DS-P