Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination, 28566-28569 [2021-11265]
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28566
Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
Tires from Cheng Shin’s Margin
Calculation
Comment 5: Whether Commerce Should
Match Control Numbers in the U.S. and
Home Markets Based on Similarities in
Product Characteristics
Comment 6: Whether Commerce Should
Take Tire Category into Account in
Conducting its Matching Analysis
Comment 7: Whether Commerce Should
Exclude Home Market CONNUMs with
Small Quantities From the Dumping
Calculation
Comment 8: Whether Commerce Should
Remove Maxxis-branded Home Market
Sales for the Calculation of Normal
Value
Comment 9: Whether Commerce Should
Remove Sales Not Intended for Sale in
the U.S. Market from Dumping
Calculation
Comment 10: Whether Commerce Should
Use the A-to-A Methodology in the Final
Determination and Refrain from Zeroing
Comment 11: Whether Commerce Should
Allow Certain Non-Operating Income
Offsets to the Reported General and
Administrative (G&A) Expenses
VII. Recommendation
[FR Doc. 2021–11263 Filed 5–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Period of Investigation
International Trade Administration
The period of investigation is January
1, 2019, through December 31, 2019.
[C–552–829]
Scope of the Investigation
Passenger Vehicle and Light Truck
Tires From the Socialist Republic of
Vietnam: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
passenger vehicle and light truck tires
(passenger tires) from the Socialist
Republic of Vietnam (Vietnam).
DATES: Applicable May 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Thomas Schauer,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0198 or
(202) 482–0410, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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In addition to the Government of
Vietnam (GOV), the mandatory
respondents in this investigation are
Kumho Tire (Vietnam) Co., Ltd. (KTV)
and Sailun (Vietnam) Co., Ltd. (Sailun).
In the Preliminary Determination, and
in accordance with section 705(a)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(b)(4),
Commerce aligned the final
countervailable duty (CVD)
determination with the final
antidumping duty (AD) determination.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination is found in
the Issues and Decision Memorandum.3
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Background
On November 10, 2020, Commerce
published the Preliminary
Determination in the Federal Register.1
1 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam: Preliminary
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17:29 May 26, 2021
Jkt 253001
The products covered by this
investigation are passenger tires from
Vietnam. For a complete description of
the scope of the investigation, see
Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.4 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 85 FR 71607
(November 10, 2020) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Determination, 85 FR at 71608.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Passenger
Vehicle and Light Truck Tires from the Socialist
Republic of Vietnam,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 See Memorandum, ‘‘Passenger Vehicle and
Light Truck Tires from the Republic of Korea,
Taiwan, Thailand, and the Socialist Republic of
Vietnam: Preliminary Scope Comments Decision
Memorandum,’’ dated December 29, 2020
(Preliminary Scope Decision Memorandum).
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
Final Scope Decision Memorandum.5
With the exception of one revision to
correct a typographical error, Commerce
is not modifying the scope language as
it appeared in the correction to the
preliminary determinations issued in
the concurrent AD investigations.6 See
Appendix I for the final scope of the
investigation.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Act.7
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, to
which we responded in the Issues and
Decision Memorandum, see Appendix II
of this notice.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.8 For a full
5 See Memorandum, ‘‘Passenger Vehicle and
Light Truck Tires from the Republic of Korea,
Taiwan, Thailand, and the Socialist Republic of
Vietnam: Scope Comments Final Decision
Memorandum,’’ dated concurrently with, and
hereby adopted by, this notice (Final Scope
Decision Memorandum).
6 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and
the Socialist Republic of Vietnam: Notice of
Correction to Preliminary Determinations in LessThan-Fair-Value Investigations, 86 FR 7252
(January 27, 2021).
7 See Commerce’s Letters, dated February 18,
2021; see also GOV’s Letter, ‘‘Passenger Vehicle and
Light Truck Tires from the Socialist Republic of
Vietnam: GOV’s Verification Questionnaire
Response,’’ dated February 26, 2021; KTVs Letter,
‘‘Countervailing Duty Investigation of Passenger
Vehicle and Light Truck Tires from Vietnam—
Response to February 18 In Lieu of Verification
Questionnaire,’’ dated February 26, 2021; and
Sailun’s Letter, ‘‘Sailun Verification Questionnaire
Response in the Countervailing Duty Investigation
of Passenger Vehicle and Light Truck Tires
(‘‘PVLT’’) From Vietnam (C–552–829),’’ dated
February 26, 2021.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
28567
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
Sailun (Vietnam) Co., Ltd .........
6.23 information in our files, provided the
Changes Since the Preliminary
All Others ..................................
6.46 ITC confirms that it will not disclose
Determination
such information, either publicly or
Disclosure
Based on our review and analysis of
under an administrative protective order
the record and the comments received,
We intend to disclose the calculations (APO), without the written consent of
we made certain changes to the
performed in this final determination to the Assistant Secretary for Enforcement
countervailable subsidy rate
interested parties within five days of
and Compliance.
calculations. For discussion of these
any public announcement or, if there is
Notification Regarding APO
changes, see the Issues and Decision
no public announcement, within five
Memorandum.
In the event that the ITC issues a final
days of the date of the publication of
negative injury determination, this
this notice in the Federal Register, in
All-Others Rate
notice will serve as the only reminder
accordance with 19 CFR 351.224(b).
Section 705(c)(5)(A) of the Act
to the parties subject to APO of their
provides that in the final determination, Continuation of Suspension of
responsibility concerning the
Commerce shall determine an all-others Liquidation
disposition of proprietary information
rate for companies not individually
As a result of our Preliminary
disclosed under APO in accordance
examined. This rate shall be an amount
Determination, and pursuant to section
with 19 CFR 351.305(a)(3). Timely
equal to the weighted average of the
703(d)(1)(B) and (d)(2) of the Act, we
written notification of the return or
estimated subsidy rates established for
instructed U.S. Customs and Border
destruction of APO materials, or
those companies individually
Protection (CBP) to suspend liquidation conversion to judicial protective order,
examined, excluding any rates that are
of all passenger tires from Vietnam, that is hereby requested. Failure to comply
zero, de minimis, or based entirely
were entered, or withdrawn from
with the regulations and terms of an
under section 776 of the Act.
warehouse, for consumption on or after
APO is a violation subject to sanction.
In this investigation, Commerce
November 10, 2020, the date of the
Notification to Interested Parties
calculated individual estimated
publication of the Preliminary
countervailable subsidy rates for KTV
Determination in the Federal Register.
This determination is issued and
and Sailun that are not zero, de
In accordance with section 703(d) of
published in accordance with sections
minimis, or based entirely on facts
the Act, effective March 10, 2021, we
705(d) and 777(i) of the Act, and 19 CFR
otherwise available. Commerce
instructed CBP to discontinue the
351.210(c).
calculated the all-others rate using a
suspension of liquidation of all entries,
Dated: May 21, 2021.
weighted average of the individual
but to continue the suspension of
Christian Marsh,
estimated subsidy rates calculated for
liquidation of all entries between
Acting Assistant Secretary for Enforcement
the examined respondents using each
November 10, 2020, through March 9,
and Compliance.
company’s publicly-ranged values for
2021.
the merchandise under consideration.9
If the U.S. International Trade
Appendix I—Scope of the Investigation
Commission
(ITC)
issues
a
final
Final Determination
The scope of this investigation is passenger
affirmative injury determination, we
vehicle and light truck tires. Passenger
We determine the countervailable
will issue a CVD order, reinstate the
vehicle and light truck tires are new
subsidy rates to be:
suspension of liquidation, and require a pneumatic tires, of rubber, with a passenger
cash deposit of estimated
vehicle or light truck size designation. Tires
Subsidy rate
covered by this investigation may be tubeCompany
countervailable duties for such entries
(percent)
type, tubeless, radial, or non-radial, and they
of subject merchandise in the amounts
may be intended for sale to original
Kumho Tire (Vietnam) Co., Ltd
7.89 indicated above, in accordance with
equipment manufacturers or the replacement
section 706(a) of the Act. If the ITC
market.
9 With two respondents under examination,
determines that material injury, or
Subject tires have, at the time of
Commerce normally calculates: (A) A weightedthreat of material injury, does not exist,
importation, the symbol ‘‘DOT’’ on the
average of the estimated subsidy rates calculated for
this proceeding will be terminated and
sidewall, certifying that the tire conforms to
the examined respondents; (B) a simple average of
all cash deposits will be refunded or
applicable motor vehicle safety standards.
the estimated subsidy rates calculated for the
Subject tires may also have the following
canceled.
examined respondents; and (C) a weighted-average
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description of the methodology
underlying this final determination, see
the Issues and Decision Memorandum.
of the estimated subsidy rates 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, see Memorandum, ‘‘Countervailing Duty
Investigation of Passenger Vehicle and Light Truck
Tires from the Socialist Republic of Vietnam:
Calculation of All-Others Rate,’’ dated concurrently
with this notice.
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17:29 May 26, 2021
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Subsidy rate
(percent)
Company
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
705(b) 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 of
passenger tires from Vietnam no later
than 45 days after our final
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
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’’,
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17:29 May 26, 2021
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(d) the load index molded on the tire’s
sidewall meets or exceeds those load indexes
listed in the Tire and Rim Association Year
Book for the relevant ST tire size, and
(e) either
(i) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
does not exceed 81 MPH or an ‘‘M’’ rating;
or
(ii) the tire’s speed rating molded on the
sidewall is 87 MPH or an ‘‘N’’ rating, and in
either case the tire’s maximum pressure and
maximum load limit are molded on the
sidewall and either
(1) both exceed the maximum pressure and
maximum load limit for any tire of the same
size designation in either the passenger car
or light truck section of the Tire and Rim
Association Year Book; or
(2) if the maximum cold inflation pressure
molded on the tire is less than any cold
inflation pressure listed for that size
designation in either the passenger car or
light truck section of the Tire and Rim
Association Year Book, the maximum load
limit molded on the tire is higher than the
maximum load limit listed at that cold
inflation pressure for that size designation in
either the passenger car or light truck section
of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively
for off-road use and which, in addition,
exhibit each of the following physical
characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim
Association Year Book,
(b) in addition to any size designation
markings, the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘Not For Highway Service’’ or ‘‘Not for
Highway Use’’,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 55 MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable off-road
tread design;
(8) Tires designed and marketed for offroad use as all-terrain-vehicle (ATV) tires or
utility-terrain-vehicle (UTV) tires, and which,
in addition, exhibit each of the following
characteristics:
(a) The tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 87 MPH or an ‘‘N’’ rating,
and
(b) both of the following physical
characteristics are satisfied:
(i) The size designation and load index
combination molded on the tire’s sidewall
does not match any of those listed in the
passenger car or light truck sections of the
Tire and Rim Association Year Book, and
(ii) The size designation and load index
combination molded on the tire’s sidewall
matches any of the following size designation
(American standard or metric) and load
index combinations:
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Fmt 4703
Sfmt 4703
American
standard size
Metric size
26x10R12 ........
27x10R14 ........
28x10R14 ........
28x10R14 ........
30x10R14 ........
30x10R15 ........
30x10R14 ........
31x10R14 ........
32x10R14 ........
32x10R15 ........
32x10R15 ........
33x10R15 ........
33x10R15 ........
35x9.50R15 .....
35x10R15 ........
254/70R/12
254/65R/14
254/70R/14
254/70R/14
254/80R/14
254/75R/15
254/80R/14
254/85R/14
254/90R/14
254/85R/15
254/85R/15
254/90R/15
254/90R/15
241/105R/15
254/100R/15
Load index
72
73
75
86
79
78
90
81
95
83
94
86
95
82
97
The products covered by this investigation
are currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 4011.10.10.10,
4011.10.10.20, 4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and
4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.90.10.10, 4011.90.10.50, 4011.90.20.10,
4011.90.20.50, 4011.90.80.10, 4011.90.80.50,
8708.70.45.30, 8708.70.45.46, 8708.70.45.48,
8708.70.45.60, 8708.70.60.30, 8708.70.60.45,
and 8708.70.60.60. While HTSUS
subheadings are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
Appendix II—List of Topics Discussed
in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether International and
U.S. Law Permits Commerce to
Countervail Exchanges of Undervalued
Currency
Comment 2: Whether Commerce’s
Promulgation of the Currency
Regulations in the Absence of Legislative
Authority Is Outside Its Legal Authority
Comment 3: Whether an Exchange of
Currency Constitutes a Financial
Contribution
Comment 4: Whether the Currency
Program Is Specific
Comment 5: Whether the Vietnamese Dong
Was Undervalued During the POI
Comment 6: Whether Countervailing
Currency Exchanges Results in a Double
Remedy
Comment 7: How the Subsidy Rate for the
Currency Program Should Be Calculated
Comment 8: Whether Import Duty
Exemptions for Raw Materials Are
Countervailable
Comment 9: Whether Commerce Should
Revise the Benchmark for the Provision
of Natural Rubber to KTV
Comment 10: Whether KTV’s Preferential
Rent is Countervailable
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices
Comment 11: Whether Sailun Used the
Program on Preferential Rent
Comment 12: Whether Commerce Should
Revise the Benchmark for Preferential
Rent for KTV
VII. Recommendation
[FR Doc. 2021–11265 Filed 5–26–21; 8:45 am]
The products covered by this
investigation are passenger tires from
Korea. For a complete description of the
scope of this investigation, see
Appendix I.
BILLING CODE 3510–DS–P
Scope Comments
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–908]
Passenger Vehicle and Light Truck
Tires From the Republic of Korea:
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 the Republic of Korea (Korea)
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: Elfi
Blum or Jun Jack Zhao, 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) 482–0197 or (202) 482–1396,
respectively.
AGENCY:
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 Korea, 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 is found in the Issues and
Decision Memorandum.2
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Scope of the Investigation
1 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 501
(January 6, 2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
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
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17:29 May 26, 2021
Jkt 253001
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.
28569
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act).6
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings
related to our requests for information
in lieu of verification, we made changes
to the margin calculations regarding
Hankook Tire & Technology Co. Ltd.
(Hankook) and Nexen Tire Corporation
(Nexen). For a discussion of these
changes, see the Issues and Decision
Memorandum as well as the final
analysis memoranda for Hankook and
Nexen.7
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
All issues raised in the case and
producers and exporters not
rebuttal briefs that were submitted by
individually investigated shall be equal
parties in this investigation are
to the weighted average of the estimated
addressed in the Issues and Decision
weighted-average dumping margins
Memorandum. A list of the issues
established for exporters and producers
addressed in the Issues and Decision
individually investigated excluding
Memorandum is attached to this notice
at Appendix II. The Issues and Decision rates that are zero, de minimis, or
Memorandum is a public document and determined entirely under section 776
is on file electronically via Enforcement of the Act. Pursuant to section
735(c)(5)(B) of the Act, if the estimated
and Compliance’s Antidumping and
weighted-average dumping margins
Countervailing Duty Centralized
established for all exporters and
Electronic Service System (ACCESS).
producers individually examined are
ACCESS is available to registered users
at https://access.trade.gov. In addition, a zero, de minimis or determined based
entirely on facts otherwise available,
complete version of the Issues and
Decision Memorandum can be accessed Commerce may use any reasonable
directly at https://enforcement.trade.gov/ method to establish the estimated
weighted-average dumping margin for
frn.
all other producers or exporters.
Verification
In this investigation, Commerce
Commerce was unable to conduct on- calculated estimated weighted-average
dumping margins for Hankook and
site verification of the information
Nexen that are not zero, de minimis, or
based entirely on facts otherwise
Tires from the Republic of Korea,’’ dated
Analysis of Comments Received
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).
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
6 See Commerce’s Letters, ‘‘In Lieu of Verification
Supplemental,’’ dated March 8, 2021; see also
Hankook’s Letter, ‘‘Passenger Vehicle and Light
Truck Tires from the Republic of Korea (A–580–
908): Verification Questionnaire Response,’’ dated
March 16, 2021, and Nexen’s Letter, ‘‘Passenger
Vehicle and Light Truck Tires from South Korea:
Response to Request for Information In Lieu of
Verification,’’ dated March 17, 2021.
7 See Memoranda, ‘‘Analysis for the Final
Determination of the Less-Than-Fair Value
Investigation of Passenger Vehicle and Light Truck
Tires from South Korea: Final Margin Analysis for
Hankook Tire & Technology Co. Ltd.’’ dated May
21, 2021; ‘‘Analysis for the Final Determination of
the Less-Than-Fair Value Investigation of Passenger
Vehicle and Light Truck Tires from South Korea:
Final Margin Analysis for Nexen Tire Corporation.’’
dated May 21, 2021.
E:\FR\FM\27MYN1.SGM
27MYN1
]]>Agencies
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28566-28569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11265]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-829]
Passenger Vehicle and Light Truck Tires From the Socialist
Republic of Vietnam: Final Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of passenger vehicle and light truck tires (passenger tires) from the
Socialist Republic of Vietnam (Vietnam).
DATES: Applicable May 27, 2021.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0198 or (202)
482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 10, 2020, Commerce published the Preliminary
Determination in the Federal Register.\1\ In addition to the Government
of Vietnam (GOV), the mandatory respondents in this investigation are
Kumho Tire (Vietnam) Co., Ltd. (KTV) and Sailun (Vietnam) Co., Ltd.
(Sailun). In the Preliminary Determination, and in accordance with
section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.210(b)(4), Commerce aligned the final countervailable duty
(CVD) determination with the final antidumping duty (AD)
determination.\2\
---------------------------------------------------------------------------
\1\ See Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 85 FR 71607
(November 10, 2020) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 85 FR at 71608.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination is found in the Issues and Decision
Memorandum.\3\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Passenger Vehicle and Light Truck Tires from the Socialist Republic
of Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2019, through December
31, 2019.
Scope of the Investigation
The products covered by this investigation are passenger tires from
Vietnam. For a complete description of the scope of the investigation,
see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments.\4\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we address in the Final Scope Decision Memorandum.\5\ With the
exception of one revision to correct a typographical error, Commerce is
not modifying the scope language as it appeared in the correction to
the preliminary determinations issued in the concurrent AD
investigations.\6\ See Appendix I for the final scope of the
investigation.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Preliminary Scope Comments Decision
Memorandum,'' dated December 29, 2020 (Preliminary Scope Decision
Memorandum).
\5\ See Memorandum, ``Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Scope Comments Final Decision Memorandum,''
dated concurrently with, and hereby adopted by, this notice (Final
Scope Decision Memorandum).
\6\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, Thailand, and the Socialist Republic of
Vietnam: Notice of Correction to Preliminary Determinations in Less-
Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021).
---------------------------------------------------------------------------
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\7\
---------------------------------------------------------------------------
\7\ See Commerce's Letters, dated February 18, 2021; see also
GOV's Letter, ``Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam: GOV's Verification Questionnaire
Response,'' dated February 26, 2021; KTVs Letter, ``Countervailing
Duty Investigation of Passenger Vehicle and Light Truck Tires from
Vietnam--Response to February 18 In Lieu of Verification
Questionnaire,'' dated February 26, 2021; and Sailun's Letter,
``Sailun Verification Questionnaire Response in the Countervailing
Duty Investigation of Passenger Vehicle and Light Truck Tires
(``PVLT'') From Vietnam (C-552-829),'' dated February 26, 2021.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, to which we responded in the Issues and
Decision Memorandum, see Appendix II of this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\8\ For a full
[[Page 28567]]
description of the methodology underlying this final determination, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the record and the comments
received, we made certain changes to the countervailable subsidy rate
calculations. For discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in the final
determination, Commerce shall determine an all-others rate for
companies not individually examined. This rate shall be an amount equal
to the weighted average of the estimated subsidy rates established for
those companies individually examined, excluding any rates that are
zero, de minimis, or based entirely under section 776 of the Act.
In this investigation, Commerce calculated individual estimated
countervailable subsidy rates for KTV and Sailun 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
individual estimated subsidy rates calculated for the examined
respondents using each company's publicly-ranged values for the
merchandise under consideration.\9\
---------------------------------------------------------------------------
\9\ With two respondents under examination, Commerce normally
calculates: (A) A weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates 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, see Memorandum, ``Countervailing Duty Investigation of
Passenger Vehicle and Light Truck Tires from the Socialist Republic
of Vietnam: Calculation of All-Others Rate,'' dated concurrently
with this notice.
---------------------------------------------------------------------------
Final Determination
We determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Kumho Tire (Vietnam) Co., Ltd.............................. 7.89
Sailun (Vietnam) Co., Ltd.................................. 6.23
All Others................................................. 6.46
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination to interested parties within five days of any public
announcement or, if there is no public announcement, within five days
of the date of the publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all passenger
tires from Vietnam, that were entered, or withdrawn from warehouse, for
consumption on or after November 10, 2020, the date of the publication
of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, effective March 10,
2021, we instructed CBP to discontinue the suspension of liquidation of
all entries, but to continue the suspension of liquidation of all
entries between November 10, 2020, through March 9, 2021.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation, and require a cash deposit of estimated
countervailable duties for such entries of subject merchandise in the
amounts indicated above, in accordance with section 706(a) of the Act.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated and all cash
deposits will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. Because the final determination in this
proceeding is affirmative, in accordance with section 705(b) 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 of passenger
tires from Vietnam no later than 45 days after our final determination.
In addition, we are making available to the ITC all non-privileged and
non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to the
parties subject to 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
the return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: May 21, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation is passenger vehicle and light
truck tires. Passenger vehicle and light truck tires are new
pneumatic tires, of rubber, with a passenger vehicle or light truck
size designation. Tires covered by this investigation may be tube-
type, tubeless, radial, or non-radial, and they may be intended for
sale to original equipment manufacturers or the replacement market.
Subject tires have, at the time of importation, the symbol
``DOT'' on the sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards. Subject tires may also
have the following prefixes or suffix in their tire size
designation, which also appears on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger
cars.
LT--Identifies a tire intended primarily for service on light
trucks.
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
[[Page 28568]]
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 size Metric size Load index
------------------------------------------------------------------------
26x10R12........................... 254/70R/12 72
27x10R14........................... 254/65R/14 73
28x10R14........................... 254/70R/14 75
28x10R14........................... 254/70R/14 86
30x10R14........................... 254/80R/14 79
30x10R15........................... 254/75R/15 78
30x10R14........................... 254/80R/14 90
31x10R14........................... 254/85R/14 81
32x10R14........................... 254/90R/14 95
32x10R15........................... 254/85R/15 83
32x10R15........................... 254/85R/15 94
33x10R15........................... 254/90R/15 86
33x10R15........................... 254/90R/15 95
35x9.50R15......................... 241/105R/15 82
35x10R15........................... 254/100R/15 97
------------------------------------------------------------------------
The products covered by this investigation are currently
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20,
4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60,
4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10.
Tires meeting the scope description may also enter under the
following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50,
4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50,
8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60,
8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS
subheadings are provided for convenience and for customs purposes,
the written description of the subject merchandise is dispositive.
Appendix II--List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether International and U.S. Law Permits Commerce
to Countervail Exchanges of Undervalued Currency
Comment 2: Whether Commerce's Promulgation of the Currency
Regulations in the Absence of Legislative Authority Is Outside Its
Legal Authority
Comment 3: Whether an Exchange of Currency Constitutes a
Financial Contribution
Comment 4: Whether the Currency Program Is Specific
Comment 5: Whether the Vietnamese Dong Was Undervalued During
the POI
Comment 6: Whether Countervailing Currency Exchanges Results in
a Double Remedy
Comment 7: How the Subsidy Rate for the Currency Program Should
Be Calculated
Comment 8: Whether Import Duty Exemptions for Raw Materials Are
Countervailable
Comment 9: Whether Commerce Should Revise the Benchmark for the
Provision of Natural Rubber to KTV
Comment 10: Whether KTV's Preferential Rent is Countervailable
[[Page 28569]]
Comment 11: Whether Sailun Used the Program on Preferential Rent
Comment 12: Whether Commerce Should Revise the Benchmark for
Preferential Rent for KTV
VII. Recommendation
[FR Doc. 2021-11265 Filed 5-26-21; 8:45 am]
BILLING CODE 3510-DS-P
