Truck and Bus Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission of Review, in Part; 2019, 33644-33646 [2021-13586]
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33644
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix—List of Sections in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Preliminary Determination of No
Shipments
VI. Preliminary Successor-In-Interest
Determination
VII. Affiliation
VIII. Discussion of Methodology
IX. Adjustment Under Section 777A of the
Act
X. Currency Conversion
XI. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–041]
Truck and Bus Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review, and Rescission of Review, in
Part; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
truck and bus tires from the People’s
Republic of China (China). The period
of review (POR) is February 15, 2019,
through December 31, 2019. In addition,
we are rescinding the review with
respect to several companies. Interested
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Background
On February 15, 2019, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
truck and bus tires from the China.1 On
April 8, 2020, Commerce published in
the Federal Register an initiation notice
for an administrative review of the
Order on 46 producers/exporters for the
POR.2 For events that occurred since the
Initiation Notice, see the Preliminary
Decision Memorandum.3 On June 17,
2021, the President signed into law the
Juneteenth National Independence Day
Act, making June 19 a Federal holiday.4
Because the Federal holiday fell on a
Saturday, it was observed on Friday,
June 18, 2021. Where a deadline falls on
a weekend or Federal holiday, the
appropriate deadline is the next
business day.5 Accordingly, the
deadline for these preliminary results is
on June 21, 2021.
Scope of the Order
The products covered by the Order
are truck and bus tires from China. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
[FR Doc. 2021–13546 Filed 6–24–21; 8:45 am]
AGENCY:
parties are invited to comment on these
preliminary results of review.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom or Theodore Pearson, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–5075 or 202–482–2631,
respectively.
SUPPLEMENTARY INFORMATION:
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
1 See Truck and Bus Tires from the People’s
Republic of China: Amended Final Determination
and Countervailing Duty Order, 84 FR 4434
(February 15, 2019) (the Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of 2019 Countervailing
Duty Administrative Review: Truck and Bus Tires
from the People’s Republic of China and Rescission
of Administrative Review, in Part,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Juneteenth National Independence Day Act,
S. 475, Public Law 117–17 (2021).
5 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Sfmt 4703
review withdraw the request within 90
days of the date of publication of the
notice of initiation. On April 14, 2020,
Sailun 6 withdrew its request for review
of Sailun Group Co., Ltd.; Sailun
(Shenyang) Tire Co., Ltd.; Sailun Group
(Hong Kong) Co., Limited (previously
known as Sailun Jinyu Group (Hong
Kong) Co., Limited) and requested
Commerce rescind the administrative
review with respect to these companies.
In the Respondent Selection
Memorandum,7 we stated our intent to
rescind the review of these Sailun
companies because the withdrawal of
review was timely filed and no other
party requested a review of these
companies. Therefore, in accordance
with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with
respect to Sailun companies noted
above.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that confers a benefit to
the recipient, and that the subsidy is
specific.8 For a full description of the
methodology underlying our
preliminary conclusions, including our
reliance, in part, on adverse facts
available pursuant to sections 776(a)
and (b) of the Act, see the Preliminary
Decision Memorandum.
The Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice.
6 Sailun Group Co., Ltd.; Sailun (Shenyang) Tire
Co., Ltd.; Sailun Group (Hong Kong) Co., Limited
(previously known as Sailun Jinyu Group (Hong
Kong) Co., Limited) (collectively, Sailun).
7 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Truck and Bus Tires from
the People’s Republic of China: Respondent
Selection,’’ dated June 30, 2020 (Respondent
Selection 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.
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
Preliminary Rate for Non-Selected
Companies Under Review
There are 41 companies for which a
review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. For these companies,
because the rates calculated for the
mandatory respondents, Qingdao Ge Rui
Da Rubber Co., Ltd. (GRT) and Prinx
Chengshan (Shandong) Tire Co., Ltd.
(PCT), were above de minimis and not
based entirely on facts available, we are
applying to the non-selected companies
the average of the net subsidy rates
calculated for GRT and PCT, which we
calculated using the publicly ranged
sales data submitted by GRT and PCT.9
This methodology to establish the allothers subsidy rate is consistent with
our practice and section 705(c)(5)(A) of
the Act. For further information on the
calculation of the non-selected
respondent rate, refer to the section in
the Preliminary Decision Memorandum
entitled ‘‘Non-Selected Companies
Under Review.’’ For a list of nonselected companies, see Appendix II.
Preliminary Results of the Review
lotter on DSK11XQN23PROD with NOTICES1
In accordance with 19 CFR
351.221(b)(4)(i), we calculated a
countervailable subsidy rate for each of
the mandatory respondents, GRT and
PCT, which includes their cross-owned
affiliates, where applicable.
We preliminarily find the
countervailable subsidy rates for the
mandatory and non-selected
respondents under review to be as
follows:
9 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage 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).
10 Cross-owned affiliates are Chengshan Group
Co., Ltd., Shanghai Chengzhan Information and
Technology Center, Prinx Chengshan (Qingdao)
Industrial Research & Design Co., Ltd., and
Shandong Prinx Chengshan Tire Technology
Research Co., Ltd.
11 Cross-owned affiliates are Cooper Tire (China)
Investment Co. Ltd., Cooper (Kunshan) Tire Co.,
Ltd., and Qingdao Yiyuan Investment Co., Ltd.
12 See Appendix II.
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Subsidy rate
(percent)
Producer/exporter
Prinx Chengshan (Shandong) Tire
Co., Ltd.10 ....................................
Qingdao Ge Rui Da Rubber Co.,
Ltd.11 ............................................
17.04
16.62
Review-Specific Average Rate Applicable to the
Following Companies
Other Respondents 12 .....................
16.76
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.13
Rebuttals to case briefs may be filed no
later than seven days after the case
briefs are filed, and all rebuttal
comments must be limited to comments
raised in the case briefs.14 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.15
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this review are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, parties
will be notified of the date and time for
the hearing to be determined.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
13 See
19 CFR 351.309(c).
19 CFR 351.309(d).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
14 See
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33645
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producer/exporters
shown above. Upon completion of the
administrative review, consistent with
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review. For the
companies for which this review is
rescinded, Commerce will instruct CBP
to assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period
February 15, 2019, through December
31, 2019, in accordance with 19 CFR
351.212(c)(l)(i). For the companies
remaining in the review, Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final
results, to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for each of
the respondents listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, CBP will continue to
collect cash deposits at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
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33646
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
38. Sichuan Kalevei Technology Co., Ltd.
39. Tongli Tyre Co., Ltd.
40. Triangle Tyre Co., Ltd.
41. Weifang Shunfuchang Rubber and Plastic
Products Co., Ltd.
Appendix I
[FR Doc. 2021–13586 Filed 6–24–21; 8:45 am]
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Diversification of China’s Economy
VI. Partial Rescission of the Administrative
Review
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates,
Inputs, Electricity, and Land
Benchmarks
X. Analysis of Programs
XI. Recommendation
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Appendix II
List of Companies Not Individually
Examined
1. Aeolus Tyre Co., Ltd.
2. Chaoyang Long March Tyre Co., Ltd.
3. Doublestar International Trading
(Hongkong) Co., Limited
4. Giti Radial Tire (Anhui) Company
5. Giti Tire (Fujian) Company Ltd.
6. Giti Tire Global Trading Pte Ltd.
7. Guangrao Kaichi Trading Co., Ltd.
8. Guizhou Tyre Co., Ltd.
9. Guizhou Tyre Import and Export Co., Ltd.
10. Hefei Wanli Tire Co., Ltd.
11. Hongtyre Group Co.
12. Jiangsu General Science Technology Co.,
Ltd.
13. Koryo International Industrial Limited
14. Maxon Int’l Co., Limited
15. Megalith Industrial Group Co., Limited
16. Qingdao Awesome International Trade
Co., Ltd
17. Qingdao Doublestar Overseas Trading
Co., Ltd.
18. Qingdao Doublestar Tire Industrial Co.,
Ltd.
19. Qingdao Fullrun Tyre Corp. Ltd
20. Qingdao Jinhaoyang International Co.,
Ltd.
21. Qingdao Keter International Co., Limited
22. Qingdao Lakesea Tyre Co., Ltd
23. Qingdao Powerich Tyre Co., Ltd.
24. Qingdao Shinego Tire Tech Co., Limited
(also known as Qingdao Shinego Tyre
Tech Co., Ltd.)
25. Qingdao Sunfulcess Tyre Co., Ltd.
26. Shandong Habilead Rubber Co., Ltd.
27. Shandong Haohua Tire Co., Ltd.
28. Shandong Huasheng Rubber Co., Ltd
29. Shandong Hugerubber Co., Ltd.
30. Shandong Kaixuan Rubber Co., Ltd
31. Shandong Province Sanli Tire
Manufactured Co., Ltd
32. Shandong Qilun Rubber Co., Ltd.
33. Shandong Transtone Tyre Co., Ltd
34. Shandong Wanda Boto Tyre Co., Ltd.
35. Shandong Yongsheng Rubber Group Co.,
Ltd.
36. Shanghai Huayi Group Corporation
Limited
37. Shengtai Tyre Co., Ltd.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Final Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that lightwalled rectangular pipe and tube from
Mexico was sold in the United States at
less than normal value during the
period of review (POR) August 1, 2018,
through July 31, 2019.
SUMMARY:
DATES:
Applicable June 25, 2021.
Kyle
Clahane or John Conniff, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone:
(202) 482–5449 or (202) 482–1009,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2020, Commerce
published the Preliminary Results.1 On
March 31, 2021, Commerce extended
the deadline for these final results.2 For
a complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.3
Scope of the Order
The products covered by this order
are light-walled rectangular pipe and
tube from Mexico. For a full description
of the scope, see the Issues and Decision
Memorandum.4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is provided
in the appendix to this notice. 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/.
Changes Since the Preliminary Results
Based on the comments received, we
made changes for these final results
which are explained in the Issues and
Decision Memorandum.5
Final Results of the Review
As a result of this review, Commerce
determines the following weightedaverage dumping margins exist for the
mandatory respondents, Maquilacero
S.A. de C.V. (Maquilacero) and
Regiomontana de Perfiles y Tubos S. de
R.L. de C.V. (Regiopytsa), for the period
August 1, 2018, through July 31, 2019.
In accordance with section 735(c)(5)(A)
of the Tariff Act of 1930, as amended
(the Act), Commerce calculated a
weighted-average dumping margin for
the firms not selected for individual
examination using the weighted-average
dumping margins calculated for the
mandatory respondents, which are not
zero, de minimis, or determined entirely
on the basis of facts available.6
4 Id.
1 See
Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2018–2019, 85 FR 83886 (December 23,
2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Mexico: Extension of Deadline
for the Final Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated March
31, 2021.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for Light-Walled Rectangular Pipe
and Tube from Mexico: Final Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2018–2019,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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5 Id.
6 In the case of two mandatory respondents, our
practice is to calculate: (A) A weighted average of
the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents;
and (C) a weighted average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly ranged values for the
merchandise under consideration. We compare (B)
and (C) to (A) and select the rate closest to (A) as
the most appropriate rate for all other companies.
See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of
Antidumping Duty Administrative Review; 2014–
2016, 82 FR 31555, 31556 (July 7, 2017). We have
applied that practice here. See Memorandum,
‘‘Antidumping Duty Administrative Review of
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Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33644-33646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13586]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review, and
Rescission of Review, in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of truck and bus tires from the People's Republic of China
(China). The period of review (POR) is February 15, 2019, through
December 31, 2019. In addition, we are rescinding the review with
respect to several companies. Interested parties are invited to comment
on these preliminary results of review.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Theodore Pearson, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-5075 or 202-482-2631,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2019, Commerce published in the Federal Register
the countervailing duty (CVD) order on truck and bus tires from the
China.\1\ On April 8, 2020, Commerce published in the Federal Register
an initiation notice for an administrative review of the Order on 46
producers/exporters for the POR.\2\ For events that occurred since the
Initiation Notice, see the Preliminary Decision Memorandum.\3\ On June
17, 2021, the President signed into law the Juneteenth National
Independence Day Act, making June 19 a Federal holiday.\4\ Because the
Federal holiday fell on a Saturday, it was observed on Friday, June 18,
2021. Where a deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day.\5\ Accordingly, the
deadline for these preliminary results is on June 21, 2021.
---------------------------------------------------------------------------
\1\ See Truck and Bus Tires from the People's Republic of China:
Amended Final Determination and Countervailing Duty Order, 84 FR
4434 (February 15, 2019) (the Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 8, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of 2019 Countervailing Duty Administrative Review: Truck and
Bus Tires from the People's Republic of China and Rescission of
Administrative Review, in Part,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
\4\ See Juneteenth National Independence Day Act, S. 475, Public
Law 117-17 (2021).
\5\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are truck and bus tires from
China. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On April 14, 2020, Sailun \6\
withdrew its request for review of Sailun Group Co., Ltd.; Sailun
(Shenyang) Tire Co., Ltd.; Sailun Group (Hong Kong) Co., Limited
(previously known as Sailun Jinyu Group (Hong Kong) Co., Limited) and
requested Commerce rescind the administrative review with respect to
these companies. In the Respondent Selection Memorandum,\7\ we stated
our intent to rescind the review of these Sailun companies because the
withdrawal of review was timely filed and no other party requested a
review of these companies. Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to Sailun companies noted above.
---------------------------------------------------------------------------
\6\ Sailun Group Co., Ltd.; Sailun (Shenyang) Tire Co., Ltd.;
Sailun Group (Hong Kong) Co., Limited (previously known as Sailun
Jinyu Group (Hong Kong) Co., Limited) (collectively, Sailun).
\7\ See Memorandum, ``Countervailing Duty Administrative Review
of Truck and Bus Tires from the People's Republic of China:
Respondent Selection,'' dated June 30, 2020 (Respondent Selection
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\8\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary 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.
---------------------------------------------------------------------------
The Preliminary 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 Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. A
list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice.
[[Page 33645]]
Preliminary Rate for Non-Selected Companies Under Review
There are 41 companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. For these
companies, because the rates calculated for the mandatory respondents,
Qingdao Ge Rui Da Rubber Co., Ltd. (GRT) and Prinx Chengshan (Shandong)
Tire Co., Ltd. (PCT), were above de minimis and not based entirely on
facts available, we are applying to the non-selected companies the
average of the net subsidy rates calculated for GRT and PCT, which we
calculated using the publicly ranged sales data submitted by GRT and
PCT.\9\ This methodology to establish the all-others subsidy rate is
consistent with our practice and section 705(c)(5)(A) of the Act. For
further information on the calculation of the non-selected respondent
rate, refer to the section in the Preliminary Decision Memorandum
entitled ``Non-Selected Companies Under Review.'' For a list of non-
selected companies, see Appendix II.
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\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).
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Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a
countervailable subsidy rate for each of the mandatory respondents, GRT
and PCT, which includes their cross-owned affiliates, where applicable.
We preliminarily find the countervailable subsidy rates for the
mandatory and non-selected respondents under review to be as follows:
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\10\ Cross-owned affiliates are Chengshan Group Co., Ltd.,
Shanghai Chengzhan Information and Technology Center, Prinx
Chengshan (Qingdao) Industrial Research & Design Co., Ltd., and
Shandong Prinx Chengshan Tire Technology Research Co., Ltd.
\11\ Cross-owned affiliates are Cooper Tire (China) Investment
Co. Ltd., Cooper (Kunshan) Tire Co., Ltd., and Qingdao Yiyuan
Investment Co., Ltd.
\12\ See Appendix II.
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent)
------------------------------------------------------------------------
Prinx Chengshan (Shandong) Tire Co., Ltd.\10\........... 17.04
Qingdao Ge Rui Da Rubber Co., Ltd.\11\.................. 16.62
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Other Respondents \12\.................................. 16.76
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\13\
Rebuttals to case briefs may be filed no later than seven days after
the case briefs are filed, and all rebuttal comments must be limited to
comments raised in the case briefs.\14\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information until further notice.\15\
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\13\ See 19 CFR 351.309(c).
\14\ See 19 CFR 351.309(d).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this review are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
parties will be notified of the date and time for the hearing to be
determined.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. For the companies for which this review is rescinded, Commerce
will instruct CBP to assess countervailing duties on all appropriate
entries at a rate equal to the cash deposit of estimated countervailing
duties required at the time of entry, or withdrawal from warehouse, for
consumption, during the period February 15, 2019, through December 31,
2019, in accordance with 19 CFR 351.212(c)(l)(i). For the companies
remaining in the review, Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
shown for each of the respondents listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. For all non-reviewed firms, CBP will continue to
collect cash deposits at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
[[Page 33646]]
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Diversification of China's Economy
VI. Partial Rescission of the Administrative Review
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Inputs, Electricity,
and Land Benchmarks
X. Analysis of Programs
XI. Recommendation
Appendix II
List of Companies Not Individually Examined
1. Aeolus Tyre Co., Ltd.
2. Chaoyang Long March Tyre Co., Ltd.
3. Doublestar International Trading (Hongkong) Co., Limited
4. Giti Radial Tire (Anhui) Company
5. Giti Tire (Fujian) Company Ltd.
6. Giti Tire Global Trading Pte Ltd.
7. Guangrao Kaichi Trading Co., Ltd.
8. Guizhou Tyre Co., Ltd.
9. Guizhou Tyre Import and Export Co., Ltd.
10. Hefei Wanli Tire Co., Ltd.
11. Hongtyre Group Co.
12. Jiangsu General Science Technology Co., Ltd.
13. Koryo International Industrial Limited
14. Maxon Int'l Co., Limited
15. Megalith Industrial Group Co., Limited
16. Qingdao Awesome International Trade Co., Ltd
17. Qingdao Doublestar Overseas Trading Co., Ltd.
18. Qingdao Doublestar Tire Industrial Co., Ltd.
19. Qingdao Fullrun Tyre Corp. Ltd
20. Qingdao Jinhaoyang International Co., Ltd.
21. Qingdao Keter International Co., Limited
22. Qingdao Lakesea Tyre Co., Ltd
23. Qingdao Powerich Tyre Co., Ltd.
24. Qingdao Shinego Tire Tech Co., Limited (also known as Qingdao
Shinego Tyre Tech Co., Ltd.)
25. Qingdao Sunfulcess Tyre Co., Ltd.
26. Shandong Habilead Rubber Co., Ltd.
27. Shandong Haohua Tire Co., Ltd.
28. Shandong Huasheng Rubber Co., Ltd
29. Shandong Hugerubber Co., Ltd.
30. Shandong Kaixuan Rubber Co., Ltd
31. Shandong Province Sanli Tire Manufactured Co., Ltd
32. Shandong Qilun Rubber Co., Ltd.
33. Shandong Transtone Tyre Co., Ltd
34. Shandong Wanda Boto Tyre Co., Ltd.
35. Shandong Yongsheng Rubber Group Co., Ltd.
36. Shanghai Huayi Group Corporation Limited
37. Shengtai Tyre Co., Ltd.
38. Sichuan Kalevei Technology Co., Ltd.
39. Tongli Tyre Co., Ltd.
40. Triangle Tyre Co., Ltd.
41. Weifang Shunfuchang Rubber and Plastic Products Co., Ltd.
[FR Doc. 2021-13586 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P