Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review Rescission in Part, and Intent To Rescind in Part; 2019, 50027-50029 [2021-19260]

Download as PDF Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis. If a respondent’s weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review where applicable. Regarding entries of subject merchandise during the period of review that were produced by Perfiles and Regiopytsa and for which they did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate of 3.76 percent, as established in the LTFV investigation, if there is no rate for the intermediate company(ies) involved in the transaction.17 For a full discussion of this matter, see Assessment Policy Notice.18 For those companies which were not individually examined, we will instruct CBP to assess antidumping duties at an ad valorem rate equal to each company’s weighted-average dumping margin as determined in the final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of the final results of this review in the Federal Register, in accordance with 19 CFR 356.8(a). The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review where applicable. sradovich on DSKJLST7X2PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The 17 See Order, 73 FR at 45405. Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 18 See VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 cash deposit rate for each specific company listed above will be equal to the weighted-average dumping margin established in the final results of this administrative review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates will be zero; (2) for companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 3.76 percent.19 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: August 31, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Companies Not Selected for Individual Examination V. Discussion of the Methodology VI. Currency Conversion 19 See PO 00000 Order, 73 FR at 45405. Frm 00016 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM 50027 VII. Recommendation [FR Doc. 2021–19320 Filed 9–3–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–017] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review Rescission in Part, and Intent To Rescind in Part; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers/exporters of certain passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) during the period of review (POR), January 1, 2019, through December 31, 2019. In addition, we are rescinding the review with respect to 19 companies, and announcing our preliminary intent to rescind this review with respect to eight other companies. Interested parties are invited to comment on these preliminary results. SUMMARY: DATES: Applicable September 7, 2021. FOR FURTHER INFORMATION CONTACT: Michael Romani or Richard Roberts, 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 October 6, 2020, Commerce published in the Federal Register the notice of initiation of an administrative review of the CVD Order on passenger tires from China.1 On April 14, 2021, Commerce extended the deadline for the preliminary results of this review by 120 days to August 31, 2021.2 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 63081 (October 6, 2020). 2 See Memorandum, ‘‘Certain Passenger Vehicles and Light Truck Tires from the People’s Republic of China: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2019,’’ dated April 14, 2021. 07SEN1 50028 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices Scope of the Order 3 The products covered by the Order are certain passenger vehicle and light truck tires from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.4 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. Commerce received timely-filed withdrawal requests with respect to the following companies: Giti Radial Tire (Anhui) Company Ltd.; Giti Tire Global Trading Pte. Ltd.; Giti Tire (Fujian) Company Ltd.; Giti Tire (Hualin) Company Ltd.; Haohua Orient International Trade Ltd.; Qingdao Lakesea Tyre Co., Ltd.; Riversun Industry Limited; Safe & Well (HK) International Trading Limited; Sailun Group (HongKong) Co., Limited., formerly known as Sailun Jinyu Group (Hong Kong) Co., Limited; Sailun Group Co., Ltd., formerly known as Sailun Jinyu Group Co., Ltd.; Sailun Tire Americas Inc., formerly known as SJI North America Inc.; Sailun Tire International Corp; Shandong Guofeng Rubber Plastics Co., Ltd.; Shandong Linglong Tyre Co., Ltd.; Shandong New Continent Tire Co., Ltd.; Shandong Wanda Boto Tyre Co., Ltd.; Shouguang Firemax Tyre Co., Ltd.; Windforce Tyre Co., Limited; and Zhaoqing Junhong Co., Ltd., pursuant to 19 CFR 351.213(d)(1). Because the withdrawal requests were timely filed, and no other parties requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the Order with respect to these 19 companies noted above. Intent To Rescind Administrative Review, in Part It is Commerce’s practice is to rescind an administrative review of a CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of sradovich on DSKJLST7X2PROD with NOTICES 3 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 (August 10, 2015). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2019 Countervailing Duty Administrative Review of Certain Passenger Vehicles and Light Truck Tires from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 subject merchandise during the POR for which liquidation is suspended.5 Normally, upon completion of an administrative review, the suspended entries are liquidated at the CVD assessment rate calculated for the review period.6 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated CVD assessment rate calculated for the review period.7 According to the CBP import data, eight companies subject to this review did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended.8 Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we intend to rescind this administrative review with respect to these eight companies, in accordance with 19 CFR 351.213(d)(3). Methodology Commerce is conducting this administrative 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.9 For a full description of the methodology underlying our 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). 5 See, e.g., Lightweight Thermal Paper from the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 14650 (April 11, 2019). 6 See 19 CFR 351.212(b)(2). 7 See 19 CFR 351.213(d)(3). 8 These companies are: Hankook Tire China Co., Ltd.; Prinx Chengshan (Shandong) Tire Company Ltd.; Qingdao Fullrun Tyre Tech Corp., Ltd.; Qingdao Honghuasheng Trade Co., Ltd; Qingdao Kapsen Trade Co.; Shandong Habilead Rubber Co., Ltd.; Shandong Hongsheng Rubber Technology Co., Ltd.; and Shandong Qilun Rubber Co., Ltd. 9 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. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM 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. Preliminary Rate for Non-Selected Companies Under Review There are three companies for which a review was requested and not rescinded, and which were not selected for individual examination as mandatory respondents or found to be cross-owned with a mandatory respondent. The statute and Commerce’s regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the allothers rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any rates that are zero, de minimis, or based entirely on facts available. In this review, only one mandatory respondent, Sumitomo Rubber (Hunan) Co., Ltd. (Sumitomo Rubber), had a rate which was not zero, de minimis, or based entirely on facts available. Thus, for the companies for which a review was requested that were not selected as mandatory company respondents and for which Commerce is not rescinding the review, Commerce is basing the subsidy rate on the rate calculated for Sumitomo Rubber. Preliminary Results of the Review We preliminarily determine the following net countervailable subsidy rates for the period January 1, 2019, through December 31, 2019: Producer/exporter Sumitomo Rubber (Hunan) Co., Ltd. and its crossowned affiliates 10 ............. Triangle Tyre Co., Ltd .......... 07SEN1 Subsidy rate (percent) 25.49 124.92 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). VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 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 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM 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

Agencies

[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50027-50029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19260]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review Rescission in Part, and Intent To Rescind 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/
exporters of certain passenger vehicle and light truck tires (passenger 
tires) from the People's Republic of China (China) during the period of 
review (POR), January 1, 2019, through December 31, 2019. In addition, 
we are rescinding the review with respect to 19 companies, and 
announcing our preliminary intent to rescind this review with respect 
to eight other companies. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable September 7, 2021.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Richard Roberts, 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 October 6, 2020, Commerce published in the Federal Register the 
notice of initiation of an administrative review of the CVD Order on 
passenger tires from China.\1\ On April 14, 2021, Commerce extended the 
deadline for the preliminary results of this review by 120 days to 
August 31, 2021.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \2\ See Memorandum, ``Certain Passenger Vehicles and Light Truck 
Tires from the People's Republic of China: Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review; 
2019,'' dated April 14, 2021.

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[[Page 50028]]

Scope of the Order 3
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    \3\ 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 (August 10, 2015).
---------------------------------------------------------------------------

    The products covered by the Order are certain passenger vehicle and 
light truck tires from China. For a complete description of the scope 
of the Order, see the Preliminary Decision Memorandum.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019 Countervailing Duty Administrative Review of 
Certain Passenger Vehicles and Light Truck Tires from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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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. Commerce received timely-filed 
withdrawal requests with respect to the following companies: Giti 
Radial Tire (Anhui) Company Ltd.; Giti Tire Global Trading Pte. Ltd.; 
Giti Tire (Fujian) Company Ltd.; Giti Tire (Hualin) Company Ltd.; 
Haohua Orient International Trade Ltd.; Qingdao Lakesea Tyre Co., Ltd.; 
Riversun Industry Limited; Safe & Well (HK) International Trading 
Limited; Sailun Group (HongKong) Co., Limited., formerly known as 
Sailun Jinyu Group (Hong Kong) Co., Limited; Sailun Group Co., Ltd., 
formerly known as Sailun Jinyu Group Co., Ltd.; Sailun Tire Americas 
Inc., formerly known as SJI North America Inc.; Sailun Tire 
International Corp; Shandong Guofeng Rubber Plastics Co., Ltd.; 
Shandong Linglong Tyre Co., Ltd.; Shandong New Continent Tire Co., 
Ltd.; Shandong Wanda Boto Tyre Co., Ltd.; Shouguang Firemax Tyre Co., 
Ltd.; Windforce Tyre Co., Limited; and Zhaoqing Junhong Co., Ltd., 
pursuant to 19 CFR 351.213(d)(1). Because the withdrawal requests were 
timely filed, and no other parties requested a review of these 
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is 
rescinding this review of the Order with respect to these 19 companies 
noted above.

Intent To Rescind Administrative Review, in Part

    It is Commerce's practice is to rescind an administrative review of 
a CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no 
reviewable entries of subject merchandise during the POR for which 
liquidation is suspended.\5\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the CVD 
assessment rate calculated for the review period.\6\ Therefore, for an 
administrative review of a company to be conducted, there must be a 
reviewable, suspended entry that Commerce can instruct U.S. Customs and 
Border Protection (CBP) to liquidate at the calculated CVD assessment 
rate calculated for the review period.\7\
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    \5\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \6\ See 19 CFR 351.212(b)(2).
    \7\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, eight companies subject to this 
review did not have reviewable entries of subject merchandise during 
the POR for which liquidation is suspended.\8\ Accordingly, in the 
absence of reviewable, suspended entries of subject merchandise during 
the POR, we intend to rescind this administrative review with respect 
to these eight companies, in accordance with 19 CFR 351.213(d)(3).
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    \8\ These companies are: Hankook Tire China Co., Ltd.; Prinx 
Chengshan (Shandong) Tire Company Ltd.; Qingdao Fullrun Tyre Tech 
Corp., Ltd.; Qingdao Honghuasheng Trade Co., Ltd; Qingdao Kapsen 
Trade Co.; Shandong Habilead Rubber Co., Ltd.; Shandong Hongsheng 
Rubber Technology Co., Ltd.; and Shandong Qilun Rubber Co., Ltd.
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Methodology

    Commerce is conducting this administrative 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.\9\ For a full description 
of the methodology underlying our 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.
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    \9\ 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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    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.

Preliminary Rate for Non-Selected Companies Under Review

    There are three companies for which a review was requested and not 
rescinded, and which were not selected for individual examination as 
mandatory respondents or found to be cross-owned with a mandatory 
respondent. The statute and Commerce's regulations do not directly 
address the establishment of rates to be applied to companies not 
selected for individual examination where Commerce limits its 
examination in an administrative review pursuant to section 777A(e)(2) 
of the Act. However, Commerce normally determines the rates for non-
selected companies in reviews in a manner that is consistent with 
section 705(c)(5) of the Act, which provides the basis for calculating 
the all-others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, only one 
mandatory respondent, Sumitomo Rubber (Hunan) Co., Ltd. (Sumitomo 
Rubber), had a rate which was not zero, de minimis, or based entirely 
on facts available. Thus, for the companies for which a review was 
requested that were not selected as mandatory company respondents and 
for which Commerce is not rescinding the review, Commerce is basing the 
subsidy rate on the rate calculated for Sumitomo Rubber.

Preliminary Results of the Review

    We preliminarily determine the following net countervailable 
subsidy rates for the period January 1, 2019, through December 31, 
2019:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Sumitomo Rubber (Hunan) Co., Ltd. and its cross-owned              25.49
 affiliates \10\........................................
Triangle Tyre Co., Ltd..................................          124.92
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[[Page 50029]]

 
  Review-Specific Average Rate Applicable to the Following Companies 11
------------------------------------------------------------------------
Jiangsu Hankook Tire Co., Ltd...........................           25.49
Qingdao Landwinner Tyre Co., Ltd........................           25.49
Shandong Province Sanli Tire Manufacture Co., Ltd.......           25.49
------------------------------------------------------------------------

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\
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    \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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    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)(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).

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 non-reviewed 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 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).

    Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

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. 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

[FR Doc. 2021-19260 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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