Passenger Vehicle and Light Truck Tires From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 28548-28551 [2021-11264]
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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
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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
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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.
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.
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).
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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
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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.
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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.
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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.
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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.
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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;
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(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
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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
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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:
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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 https://
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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
[[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
