Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; and Preliminary Determination of No Shipments; 2019-2020, 50029-50032 [2021-19259]
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
Producer/exporter
Subsidy rate
(percent)
Review-Specific Average Rate Applicable
to the Following Companies 11
Jiangsu Hankook Tire Co.,
Ltd .....................................
Qingdao Landwinner Tyre
Co., Ltd .............................
Shandong Province Sanli
Tire Manufacture Co., Ltd
25.49
25.49
25.49
sradovich on DSKJLST7X2PROD with NOTICES
Disclosure and Public Comment
We will disclose to parties in this
review, the calculations performed for
these preliminary results within five
days of the date of publication of this
notice.12 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
10 Commerce finds the following companies to be
cross-owned with Sumitomo Rubber (Hunan) Co.,
Ltd.: Sumitomo Rubber (China) Co., Ltd. and
Sumitomo Rubber (Changshu) Co. Ltd.
11 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act.
12 See 19 CFR 351.224(b).
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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50029
requirements, when imposed, shall
remain in effect until further notice.
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).
Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Assessment Rates
Appendix I
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)(1) 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 January
1, 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).
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. Non-Selected Company Rate
VII. Partial Rescission of the Administrative
Review
VIII. Intent to Rescind Administrative
Review, in Part
IX. Use of Facts Otherwise Available and
Application of Adverse Inferences
X. Interest Rate Benchmarks, Discount Rates,
Input and Electricity Benchmarks
XI. Subsidies Valuation
XII. Analysis of Programs
XIII. Recommendation
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. For all nonreviewed firms, CBP will continue to
collect cash deposits of estimated
countervailing duties at the all-others
rate or the most recent company-specific
rate applicable to the company, as
appropriate. These cash deposit
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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).
[FR Doc. 2021–19260 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; and Preliminary Determination
of No Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
certain producers and exporters of
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (China) made sales of
subject merchandise at prices below
normal value (NV) during the period of
review (POR), August 1, 2019, through
July 31, 2020. Commerce also
preliminarily finds that one company
did not ship subject merchandise to the
United States during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Peter Shaw, AD/CVD
AGENCY:
07SEN1
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1398 or (202) 482–0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
sradovich on DSKJLST7X2PROD with NOTICES
On October 6, 2020, Commerce
initiated the administrative review of
the AD order on passenger tires from
China covering the period August 1,
2019, through July 31, 2020.1 The
petitioner in this review is the United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC
(USW). This review covers mandatory
respondent Sumitomo Rubber Industries
Ltd. (SRI); Sumitomo Rubber (Hunan)
Co., Ltd. (SRH); and Sumitomo Rubber
(Changshu) Co., Ltd. (SRC) (collectively,
Sumitomo).2 The administrative review
also covers 27 other companies that
were not selected for individual
examination. On January 27, 2021,
Commerce rescinded, in part, the
instant administrative review with
respect to 21 companies.3
For a complete description of the
events that followed the initiation and
the partial rescission of this
administrative review, see the
Preliminary Decision Memorandum.4 A
list of topics discussed in the
Preliminary Decision Memorandum is
included as an Appendix to this notice.
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081 (October 6, 2020).
2 SRI refers to the single entity, Sumitomo Rubber
Industries Ltd.; Sumitomo Rubber (China) Co., Ltd.;
Sumitomo Rubber (Hunan) Co., Ltd.; and Sumitomo
Rubber (Changshu) Co., Ltd. (collectively, SRI).
3 See Passenger Vehicle and Light Truck Tires
from the People’s Republic of China: Rescission, in
Part, of Antidumping Duty Administrative Review;
2019–2020, 86 FR 7258 (January 27, 2021).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China and Preliminary Determination of No
Shipments; 2019–2020,’’ dated concurrently with,
and hereby adapted by, this notice (Preliminary
Decision Memorandum).
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directly at https://enforcement.trade.gov/
frn/.
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from China. A full description of
the scope of the order is contained in
the Preliminary Decision
Memorandum.5
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act). We
calculated constructed export prices in
accordance with section 772 of the Act.
Because China is a non-market economy
(NME) country within the meaning of
section 771(18) of the Act, we calculated
NV in accordance with section 773(c) of
the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.6
Preliminary Determination of No
Shipments
Based on the available record
information, Commerce preliminarily
determines that Qingdao Fullrun Tyre
Tech Corp., Ltd. (Fullrun Tyre Tech)
had no shipments during the POR. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum. Consistent with
our assessment practice in
administrative reviews, Commerce is
not rescinding this review for Fullrun
Tyre Tech, but intends to complete the
review and issue appropriate
instructions to U.S. Customs and Border
Protection (CBP) based on the final
results of the review.7
Single Entity Treatment
We preliminarily find that the
following companies are affiliated,
pursuant to section 771(33)(F) of the Act
and to 19 CFR 351.401(f)(1) and thus
should be treated as a single entity: SRI;
SRH; and SRC (collectively, Sumitomo).
For additional information, see the
Preliminary Decision Memorandum and
Sumitomo Preliminary Calculation
Memorandum.8
5 Id.
at ‘‘Scope of the Order.’’
at Discussion of the Methodology.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); see also the
‘‘Assessment Rates’’ section, below.
8 See Preliminary Decision Memorandum at
Single Entity Treatment; see also Memorandum,
‘‘Antidumping Administrative Review of Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Preliminary Analysis
Memorandum for Sumitomo Rubber (Hunan) Co.,
Ltd.,’’ dated concurrently with this notice at Single
6 Id.
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China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.9 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, and we
did not self-initiate a review, the Chinawide entity cash deposit rate (i.e., 76.46
percent) is not subject to change as a
result of this review.10
Separate Rates
In all proceedings involving NME
countries, Commerce maintains a
rebuttable presumption that all
companies within an NME country are
subject to government control and, thus,
should be assessed a single weightedaverage dumping margin unless the
company can affirmatively demonstrate
an absence of government control, both
in law (de jure) and in fact (de facto),
with respect to its exports so that it is
entitled to separate rate status.11
Commerce preliminarily determines
that the information placed on the
record by Qingdao Landwinner Tyre
Co., Ltd.; Qingdao Nexen Tire
Corporation; Shandong Qilun Rubber
Co., Ltd.; and Zhaoqing Junhong Co.,
Ltd. demonstrates that these companies
are entitled to separate rate status.
Dumping Margin for Separate Rate
Companies
The statute and Commerce’s
regulations do not identify the dumping
margin to apply to respondents not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
Entity Analysis (Sumitomo Preliminary Calculation
Memorandum).
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
10 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902, 47906 (August 10, 2015).
11 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value, and Affirmative Critical
Circumstances, In Part: Certain Lined Paper
Products from the People’s Republic of China, 71
FR 53079, 53082 (September 8, 2006); and Final
Determination of Sales at Less Than Fair Value and
Final Partial Affirmative Determination of Critical
Circumstances: Diamond Sawblades and Parts
Thereof from the People’s Republic of China, 71 FR
29303, 29307 (May 22, 2006).
07SEN1
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
determining the dumping margin for
respondents that are not individually
examined in an administrative review.
Section 735(c)(5)(A) of the Act states
that the all-others rate should be
calculated by averaging the weightedaverage dumping margins for
individually-examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. Where the dumping
margins for individually examined
respondents are all zero, de minimis, or
based entirely on facts available, section
735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
method to establish the estimated all
others rate for exporters and producers
not individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
Commerce calculated an individual
estimated weighted-average dumping
margin for SRI, the only individually
examined exporter/producer in this
administrative review. Because the only
individually calculated weightedaverage dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, we are assigning
the separate rate respondents a dumping
margin equal to Sumitomo’s margin.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the period
August 1, 2019, through July 31, 2020:
Weightedaverage
dumping
margin
(percent)
Exporter
Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan) Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd .........................
Qingdao Landwinner Tyre Co., Ltd ...........................................................................................................................................................
Qingdao Nexen Tire Corporation ..............................................................................................................................................................
Shandong Qilun Rubber Co., Ltd ..............................................................................................................................................................
Zhaoqing Junhong Co., Ltd .......................................................................................................................................................................
Disclosure
Commerce will disclose calculations
performed for these preliminary results
to the parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Public Comment
sradovich on DSKJLST7X2PROD with NOTICES
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of such case briefs and
written comments at a later date.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the date for filing
case briefs.12 Parties who submit case
briefs or rebuttal briefs in this
proceeding 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.
Case and rebuttal briefs should be filed
using ACCESS 13 and must be served on
interested parties.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
12 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’)
13 See 19 CFR 351.303 (for general filing
requirements).
14 See 19 CFR 351.303(f).
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requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, within 30
days of the date of publication of this
notice.15 Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.16 Parties should
confirm the date, time, and location of
the hearing two days before the
scheduled date.
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in the case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Verification
On January 14, 2021, the petitioner
requested, pursuant to 19 CFR
351.307(b)(1)(v), that Commerce
conduct verification of the
questionnaire responses submitted in
this administrative review by
Sumitomo.17 Commerce is currently
unable to conduct on-site verification of
the information relied upon in making
15 See
19 CFR 351.310(c).
19 CFR 351.310(d).
17 See Petitioner’s Letter, ‘‘Passenger Vehicle and
Light Truck Tires from China: Request for
Verification,’’ dated January 14, 2021.
16 See
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1.18
1.18
1.18
1.18
1.18
its final results of this administrative
review. Accordingly, we intend to take
additional steps in lieu of on-site
verification to verify the information.
Commerce will notify interested parties
of any additional documentation or
information required.
Assessment Rates
Upon issuing the final results of this
review, Commerce shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review.18 We intend to liquidate entries
containing subject merchandise
exported by the companies under
review that we determine in the final
results to be part of the China-wide
entity at the China-wide cash deposit
rate of 76.46 percent. For the companies
receiving a separate rate, we intend to
assign an assessment rate of 1.18
percent, consistent with the
methodology described above.
Additionally, if Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s CBP case number
will be liquidated at the rate for the
China-wide entity. 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
18 See
19 CFR 351.212(b)(1).
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except, if the rate
is zero or de minimis, then a cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be equal to
the exporter-specific weighted-average
dumping margin published of the most
recently-completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for China-wide entity, 76.46
percent; and (4) for all exporters of
subject merchandise which are not
located in China and which are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that
non-Chinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
sradovich on DSKJLST7X2PROD with NOTICES
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping 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 and/or
countervailing duties 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 19 CFR 351.221(b)(4).
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Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–19259 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–872]
Finished Carbon Steel Flanges From
India: Preliminary Results of
Countervailing Duty Administrative
Review; 2019
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Norma (India) Ltd. (Norma) and
R.N. Gupta & Co. Ltd. (RNG) received
countervailable subsidies during the
period of review (POR), January 1, 2019,
through December 31, 2019. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Moses Song or Natasia Harrison, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7885 or (202) 482–1240,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2017, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
finished carbon steel flanges (steel
flanges) from India.1 On August 4, 2020,
Commerce published a notice of
opportunity to request an administrative
review of the Order.2 On August 31,
1 See Finished Carbon Steel Flanges from India:
Countervailing Duty Order, 82 FR 40138 (August
24, 2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
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2020, Weldbend Corporation and Boltex
Mfg. Co., L.P. (the petitioners),
requested a review of 38 producers and/
or exporters of subject merchandise.3
Further, between August 27, 2020, and
August 31, 2020, Norma,4 RNG, Bebitz
Flanges Works Private Limited, Munish
Forge Private Limited, Balkrishna Steel
Forge Pvt. Ltd., Jai Auto Pvt. Ltd., and
Aditya Forge Limited, foreign producers
or exporters of subject merchandise,
each requested a review of the Order
with respect to themselves.5 On October
6, 2020, Commerce published a notice
of initiation of an administrative review
of the Order.6 Based on our examination
of the Customs and Border Protection
(CBP) data, on November 20, 2020, we
selected Norma and RNG, the two
largest producers and/or exporters, as
mandatory respondents.7
On April 19, 2021, Commerce
extended the time period for issuing
these preliminary results by 120 days, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), to August 31, 2021.8 For a
complete description of the events that
followed the initiation of this review,
to Request Administrative Review, 85 FR 47167
(August 4, 2020).
3 See Petitioners’ Letter, ‘‘Finished Carbon Steel
Flanges from India: Request for Administrative
Review,’’ dated August 31, 2020.
4 We note that Norma requested a review of itself
and its affiliates USK Export Private Limited; Uma
Shanker Khandelwal and Co.; and Bansidhar
Chiranjilal.
5 See Norma’s Letter, ‘‘Finished Carbon Steel
Flanges from India: Request for entry of appearance
in the Countervailing Duty Administrative Review
for Norma (India) Limited, USK Export Private
Limited, Umashanker Khandelwal and Co. and
Bansidhar Chiranjilal.,’’ dated August 27, 2020; see
also RNG’s Letter, ‘‘Finished Carbon Steel Flanges
from India: Request for Countervailing Duty
Administrative Review,’’ August 28, 2020; Bebitz
Flanges Works Private Limited’s Letter, ‘‘Finished
Carbon Steel Flanges from India: Requests for
Administrative Review,’’ dated August 28, 2020;
Munish Forge Private Limited’s Letter, ‘‘Finished
Carbon Steel Flanges from India: Request for
Counter Vailing Duty Administrative Review,’’
dated August 27, 2020; Balkrishna Steel Forge Pvt.
Ltd.’s Letter, ‘‘Carbon Steel Flanges from India,
Antidumping & Countervailing Duty,’’ dated August
31, 2020; Jai Auto Pvt. Ltd.’s Letter, ‘‘Request for
review of Countervailing Duty Administrative
Review of Finished Carbon Steel Flanges from
India,’’ dated August 31, 2020; and Aditya Forge
Limited’s Letter, ‘‘Request for review of
Countervailing Duty Administrative Review of
Finished Carbon steel Flanges from India,’’ dated
August 31, 2020.
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081, 63092–63093 (October 6, 2020).
7 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Finished Carbon Steel
Flanges from India: Respondent Selection,’’ dated
November 20, 2020.
8 See Memorandum, ‘‘Finished Carbon Steel
Flanges from India: Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2019,’’ dated April 19,
2021.
07SEN1
]]>Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50029-50032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19259]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; and Preliminary Determination of No Shipments;
2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain producers and exporters of passenger vehicle and light truck
tires (passenger tires) from the People's Republic of China (China)
made sales of subject merchandise at prices below normal value (NV)
during the period of review (POR), August 1, 2019, through July 31,
2020. Commerce also preliminarily finds that one company did not ship
subject merchandise to the United States during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Toni Page or Peter Shaw, AD/CVD
[[Page 50030]]
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1398 or (202) 482-0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2020, Commerce initiated the administrative review of
the AD order on passenger tires from China covering the period August
1, 2019, through July 31, 2020.\1\ The petitioner in this review is the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO, CLC (USW).
This review covers mandatory respondent Sumitomo Rubber Industries Ltd.
(SRI); Sumitomo Rubber (Hunan) Co., Ltd. (SRH); and Sumitomo Rubber
(Changshu) Co., Ltd. (SRC) (collectively, Sumitomo).\2\ The
administrative review also covers 27 other companies that were not
selected for individual examination. On January 27, 2021, Commerce
rescinded, in part, the instant administrative review with respect to
21 companies.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\2\ SRI refers to the single entity, Sumitomo Rubber Industries
Ltd.; Sumitomo Rubber (China) Co., Ltd.; Sumitomo Rubber (Hunan)
Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd. (collectively,
SRI).
\3\ See Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Rescission, in Part, of Antidumping Duty
Administrative Review; 2019-2020, 86 FR 7258 (January 27, 2021).
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For a complete description of the events that followed the
initiation and the partial rescission of this administrative review,
see the Preliminary Decision Memorandum.\4\ A list of topics discussed
in the Preliminary Decision Memorandum is included as an Appendix to
this notice. 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/.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China and Preliminary Determination of No Shipments; 2019-2020,''
dated concurrently with, and hereby adapted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the order are certain passenger vehicle and
light truck tires from China. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum.\5\
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\5\ Id. at ``Scope of the Order.''
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act). We calculated constructed export prices in accordance with
section 772 of the Act. Because China is a non-market economy (NME)
country within the meaning of section 771(18) of the Act, we calculated
NV in accordance with section 773(c) of the Act. For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.\6\
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\6\ Id. at Discussion of the Methodology.
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Preliminary Determination of No Shipments
Based on the available record information, Commerce preliminarily
determines that Qingdao Fullrun Tyre Tech Corp., Ltd. (Fullrun Tyre
Tech) had no shipments during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with our assessment practice in administrative reviews,
Commerce is not rescinding this review for Fullrun Tyre Tech, but
intends to complete the review and issue appropriate instructions to
U.S. Customs and Border Protection (CBP) based on the final results of
the review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also the ``Assessment Rates'' section, below.
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Single Entity Treatment
We preliminarily find that the following companies are affiliated,
pursuant to section 771(33)(F) of the Act and to 19 CFR 351.401(f)(1)
and thus should be treated as a single entity: SRI; SRH; and SRC
(collectively, Sumitomo). For additional information, see the
Preliminary Decision Memorandum and Sumitomo Preliminary Calculation
Memorandum.\8\
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\8\ See Preliminary Decision Memorandum at Single Entity
Treatment; see also Memorandum, ``Antidumping Administrative Review
of Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Preliminary Analysis Memorandum for Sumitomo
Rubber (Hunan) Co., Ltd.,'' dated concurrently with this notice at
Single Entity Analysis (Sumitomo Preliminary Calculation
Memorandum).
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, and we did not
self-initiate a review, the China-wide entity cash deposit rate (i.e.,
76.46 percent) is not subject to change as a result of this review.\10\
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 47902, 47906 (August 10, 2015).
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Separate Rates
In all proceedings involving NME countries, Commerce maintains a
rebuttable presumption that all companies within an NME country are
subject to government control and, thus, should be assessed a single
weighted-average dumping margin unless the company can affirmatively
demonstrate an absence of government control, both in law (de jure) and
in fact (de facto), with respect to its exports so that it is entitled
to separate rate status.\11\ Commerce preliminarily determines that the
information placed on the record by Qingdao Landwinner Tyre Co., Ltd.;
Qingdao Nexen Tire Corporation; Shandong Qilun Rubber Co., Ltd.; and
Zhaoqing Junhong Co., Ltd. demonstrates that these companies are
entitled to separate rate status.
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\11\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value, and Affirmative Critical Circumstances, In Part:
Certain Lined Paper Products from the People's Republic of China, 71
FR 53079, 53082 (September 8, 2006); and Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
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Dumping Margin for Separate Rate Companies
The statute and Commerce's regulations do not identify the dumping
margin to apply to respondents not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of
[[Page 50031]]
the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the dumping
margin for respondents that are not individually examined in an
administrative review. Section 735(c)(5)(A) of the Act states that the
all-others rate should be calculated by averaging the weighted-average
dumping margins for individually-examined respondents, excluding
dumping margins that are zero, de minimis, or based entirely on facts
available. Where the dumping margins for individually examined
respondents are all zero, de minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act provides that Commerce may
use ``any reasonable method to establish the estimated all others rate
for exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated.''
Commerce calculated an individual estimated weighted-average
dumping margin for SRI, the only individually examined exporter/
producer in this administrative review. Because the only individually
calculated weighted-average dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, we are assigning the
separate rate respondents a dumping margin equal to Sumitomo's margin.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2019, through
July 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan) 1.18
Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.........
Qingdao Landwinner Tyre Co., Ltd............................ 1.18
Qingdao Nexen Tire Corporation.............................. 1.18
Shandong Qilun Rubber Co., Ltd.............................. 1.18
Zhaoqing Junhong Co., Ltd................................... 1.18
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Disclosure
Commerce will disclose calculations performed for these preliminary
results to the parties within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of such case briefs
and written comments at a later date. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\12\ Parties who submit case
briefs or rebuttal briefs in this proceeding 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. Case and rebuttal
briefs should be filed using ACCESS \13\ and must be served on
interested parties.\14\
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\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, within 30 days of the date of publication of this
notice.\15\ Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a date
and time to be determined.\16\ Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless extended, pursuant
to section 751(a)(3)(A) of the Act.
Verification
On January 14, 2021, the petitioner requested, pursuant to 19 CFR
351.307(b)(1)(v), that Commerce conduct verification of the
questionnaire responses submitted in this administrative review by
Sumitomo.\17\ Commerce is currently unable to conduct on-site
verification of the information relied upon in making its final results
of this administrative review. Accordingly, we intend to take
additional steps in lieu of on-site verification to verify the
information. Commerce will notify interested parties of any additional
documentation or information required.
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\17\ See Petitioner's Letter, ``Passenger Vehicle and Light
Truck Tires from China: Request for Verification,'' dated January
14, 2021.
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Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\18\ We intend to liquidate entries
containing subject merchandise exported by the companies under review
that we determine in the final results to be part of the China-wide
entity at the China-wide cash deposit rate of 76.46 percent. For the
companies receiving a separate rate, we intend to assign an assessment
rate of 1.18 percent, consistent with the methodology described above.
Additionally, if Commerce determines that an exporter under review had
no shipments of the subject merchandise, any suspended entries that
entered under that exporter's CBP case number will be liquidated at the
rate for the China-wide entity. 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
[[Page 50032]]
time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
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\18\ See 19 CFR 351.212(b)(1).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is zero or de minimis, then a cash deposit rate of zero will
be established for that company); (2) for previously investigated or
reviewed Chinese and non-Chinese exporters not listed above that have
separate rates, the cash deposit rate will continue to be equal to the
exporter-specific weighted-average dumping margin published of the most
recently-completed segment of this proceeding; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
China-wide entity, 76.46 percent; and (4) for all exporters of subject
merchandise which are not located in China and which are not eligible
for a separate rate, the cash deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping 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 and/or countervailing duties 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 19
CFR 351.221(b)(4).
Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-19259 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
