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, 50701-50704 [2021-19522]

Download as PDF Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Appendix III—Companies With No Shipments During the POR Notification to Interested Parties We are issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: August 31, 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. Standing V. Partial Rescission of Review VI. Preliminary Determination of No Shipments VII. Application of Facts Available and Adverse Inferences VIII. Discussion of the Methodology IX. Recommendation jbell on DSKJLSW7X2PROD with NOTICES Appendix II—Companies for Which We Are Rescinding the Review 1. Ben Tre Aquaproduct Import and Export Joint Stock Company (aka Bentre Aquaproduct) 2. Bien Dong Hau Giang Seafood Joint Stock Company (aka Bien Dong HG or Bien Dong Hau Giang Seafood Joint Stock Co.) 3. Bien Dong Seafood Company Ltd. (aka Bien Dong, Bien Dong Seafood, Bien Dong Seafood Co., Ltd., Biendong Seafood Co., Ltd., or Bien Dong Seafood Limited Liability Company) 4. Fatifish Company Limited (aka FATIFISH or FATIFISHCO) 5. GODACO Seafood Joint Stock Company (aka GODACO, GODACO Seafood, GODACO_SEAFOOD, or GODACO Seafood J.S.C.) 6. Golden Quality Seafood Corporation (aka Golden Quality, GoldenQuality, or GoldenQuality Seafood Corporation) 7. Hung Vuong-Mien Tay Aquaculture Corporation (aka HVMT or Hung Vuong Mien Tay Aquaculture Joint Stock Company) 8. Hung Vuong Seafood Joint Stock Company 9. International Development & Investment Corporation (aka IDI or International Development and Investment Corporation) 10. Nha Trang Seafoods, Inc. (aka Nha Trang Seafoods, Nha Trang Seafoods-F89, or Nha Trang Seaproduct Company) 11. Seavina Joint Stock Company (aka Seavina) 12. Thanh Binh Dong Thap One Member Company Limited (aka Thanh Binh Dong Thap or Thanh Binh Dong Thap Ltd.) 13. Vinh Hoan Corporation (aka Vinh Hoan, Vinh Hoan Co., or Vinh Hoan Corp.) 16 16 The Vinh Hoan Corporation is a single entity that also includes Van Duc Food Export Joint Stock VerDate Sep<11>2014 18:09 Sep 09, 2021 Jkt 253001 1. Ben Tre Forestry and Aquaproduct ImportExport Joint Stock Company (aka Faquimex, or Ben Tre) 2. C.P. Vietnam Corporation 3. Cafatex Corporation (aka Cafatex) 4. Cantho Import-Export Seafood Joint Stock Company (aka CASEAMEX, Cantho Import Export Seafood Joint Stock Company, Cantho Import-Export Joint Stock Company, Can Tho Import Export Seafood Joint Stock Company, Can Tho Import-Export Seafood Joint Stock Company, or Can Tho Import-Export Joint Stock Company) 5. Colorado Boxed Beef Company (aka CBBC) 6. Dai Thanh Seafoods Company Limited (aka DATHACO) 7. The Great Fish Company LLC 8. Hai Huong Seafood Joint Stock Company (aka HHFish, HH Fish, or Hai Huong Seafood) 9. Hung Vuong Group 17 10. Nam Viet Corporation (aka NAVICO) 11. PREFCO Distribution LLC 12. QMC Foods, Inc. 13. Riptide Foods 14. QVD Food Company Ltd. (aka QVD, QVD Food Co., Ltd., or QVD Aquaculture) 18 15. Vinh Quang Fisheries Corporation (aka Vinh Quang, Vinh Quang Fisheries Corp., Vinh Quang Fisheries Joint Stock Company, or Vinh Quang Fisheries Co., Ltd.) Appendix IV—Companies Not Eligible for a Separate Rate 1. Anchor Seafood Corp. 2. An Phat Import-Export Seafood Co., Ltd. (aka An Phat Seafood Co. Ltd. or An Phat Seafood Co., Ltd.) 3. Anvifish Joint Stock Company (aka Anvifish, Anvifish JSC, or Anvifish Co., Ltd.) 4. Basa Joint Stock Company (aka BASACO) 5. Binh Dinh Import Export Company (aka Binh Dinh) 6. Cadovimex II Seafood Import-Export and Processing Joint Stock Company (aka Cadovimex II) 7. Can Tho Animal Fishery Products Processing Export Enterprise 8. Cuu Long Fish Import-Export Corporation (aka CL Panga Fish) 9. Cuu Long Fish Joint Stock Company (aka CL-Fish, CL–FISH CORP, or Cuu Long Fish Joint Stock Company) 10. GF Seafood Corp. 11. Go Dang An Hiep One Member Limited Company Company and Van Duc Tien Giang Food Export Company. 17 Hung Vuong Group is a single entity comprised of the following individual companies: (1) An Giang Fisheries Import and Export Joint Stock Company; (2)Asia Pangasius Company Limited; (3) Hung Vuong Ben Tre Seafood Processing Company Limited; (4) Europe Joint Stock Company; (5) Hung Vuong-Sa Dec Co., Ltd.; (6) Hung Vuong-Vinh Long Co. Ltd.; (7) Hung Vuong Corporation; and (8) Hung Vuong Mascato Company Limited. 18 QVD is a single entity that also includes QVD Dong Thap Food Co., Ltd. and Thuan Hung Co., Ltd. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 50701 12. Go Dang Ben Tre One Member Limited Liability Company 13. Hoa Phat Seafood Import-Export and Processing J.S.C. (aka HOPAFISH, Hoa Phat Seafood Import-Export and Processing Joint Stock Company, Hoa Phat Seafood Import-Export and Processing JSC) 14. Hoang Long Seafood Processing Company Limited (aka HLS) 15. Indian Ocean One Member Company Limited (aka Indian Ocean Co., Ltd.) 16. Lian Heng Investment Co., Ltd. (aka Lian Heng or Lian Heng Investment) 17. Lian Heng Trading Co., Ltd. (aka Lian Heng or Lian Heng Trading) 18. Nam Phuong Seafood Co., Ltd. (aka Nam Phuong, or NAFISHCO) 19. New Food Import, Inc. 20. NTACO Corporation (aka NTACO) 21. Seafood Joint Stock Company No. 4 (aka SEAPRIEXCO No. 4) 22. Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries Processing Company (aka DOTASEAFOODCO or Seafood Joint Stock Company No. 4— Branch Dong Tam Fisheries Processing Company) 23. Southern Fishery Industries Company, Ltd. (aka South Vina) 24. Thanh Hung Co., Ltd. (aka Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.) 25. Thien Ma Seafood Co., Ltd (aka THIMACO) 26. Thuan An Production Trading and Service Co., Ltd. (aka TAFISHCO) 27. To Chau Joint Stock Company (aka TOCHAU, TOCHAU JSC, or TOCHAU Joint Stock Company) 28. Viet Hai Seafood Company Limited (aka Viet Hai) 29. Viet Phu Foods and Fish Corporation (aka Vietphu) 30. Viet Phu Foods & Fish Co., Ltd. 31. Vietnam Seaproducts Joint Stock Company (aka Seaprodex or Vietnam Seafood Corporation—Joint Stock Company) 32. Vinh Long Import-Export Company (aka Vinh Long) [FR Doc. 2021–19519 Filed 9–9–21; 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. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers/exporters of AGENCY: E:\FR\FM\10SEN1.SGM 10SEN1 50702 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 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 10, 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 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 jbell on DSKJLSW7X2PROD with NOTICES 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 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. 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 18:09 Sep 09, 2021 Jkt 253001 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 According to the CBP import data, eight companies subject to this review did not have reviewable entries of subject merchandise during the POR for 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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). 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 http://enforcement.trade.gov/ frn/index.html. 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 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. E:\FR\FM\10SEN1.SGM 10SEN1 50703 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 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: Subsidy rate (percent) Producer/exporter Sumitomo Rubber (Hunan) Co., Ltd. and its cross-owned affiliates 10 ............................................................................................... Triangle Tyre Co., Ltd .......................................................................................................................................................................... 25.49 124.92 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 .......................................................................................................................... Disclosure and Public Comment jbell on DSKJLSW7X2PROD with NOTICES 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 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 18:09 Sep 09, 2021 Jkt 253001 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 25.49 25.49 25.49 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 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 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). E:\FR\FM\10SEN1.SGM 10SEN1 50704 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices Dated: August 31, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. XIII. Recommendation Appendix I DEPARTMENT OF COMMERCE [FR Doc. 2021–19522 Filed 9–9–21; 8:45 am] BILLING CODE 3510–DS–P 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 the Endangered Species Act (ESA), as applicable. The permits and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. FOR FURTHER INFORMATION CONTACT: Shasta McClenahan, Ph.D. (Permit No. 25761), Courtney Smith, Ph.D. (Permit No. 25508) and Carrie Hubard (Permit No. 23966); at (301) 427–8401. SUPPLEMENTARY INFORMATION: Notices were published in the Federal Register on the dates listed below that requests for a permit had been submitted by the below-named applicants. To locate the Federal Register notice that announced our receipt of the application and a complete description of the activities, go to www.federalregister.gov and search on the permit number provided in Table 1 below. ADDRESSES: National Oceanic and Atmospheric Administration [RTID 0648–XB412] Marine Mammals and Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permits. AGENCY: Notice is hereby given that permits have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES TABLE 1—ISSUED PERMITS Permit No. RTID Applicant Previous Federal Register notice 23966 .......................... 0648–XA246 ............... 0648–XB204 ............... 85 FR 42361; July 14, 2020. 86 FR 35072; July 1, 2021. August 13, 2021. 25761 .......................... 25508 .......................... 0648–XB173 ............... Christopher Cilfone, Kohola Film Project; 61 Loa Pl., Lahaina, Hawaii 96761. Earthscape Productions, Ltd., St Stephens Avenue, Bristol, BS1 1YL, United Kingdom (Responsible Party: Tina Razdan). Sea World LLC, 6240 Sea Harbor Drive, Orlando, Florida, 32821 (Responsible Party: Christopher Dold, DVM). 86 FR 33233; June 24, 2021. August 31, 2021. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. As required by the ESA, as applicable, issuance of these permits was based on a finding that such permits: (1) were applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) are consistent with the purposes and policies set forth in Section 2 of the ESA. Authority: The requested permits have been issued under the MMPA of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the ESA of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226), as applicable. VerDate Sep<11>2014 18:09 Sep 09, 2021 Jkt 253001 Dated: September 7, 2021. Julia Marie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–19550 Filed 9–9–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB368] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Berth III New Mooring Dolphins Project in Ketchikan, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of incidental harassment authorization. AGENCY: NMFS has received a request from the City of Ketchikan, Alaska (COK) for the reissuance of a previously SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Issuance date August 18, 2021. issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of nine species of marine mammals, by Level A and Level B harassment, incidental to construction associated with the Berth III New Mooring Dolphins Project in Ketchikan, AK. The project has been delayed by one year and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from October 1, 2021, through September 30, 2022. The COK has requested reissuance with new effective dates of October 1, 2022, through September 30, 2023. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA. DATES: This authorization is effective from October 1, 2022, through September 30, 2023. ADDRESSES: An electronic copy of the final 2021 IHA previously issued to the E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50701-50704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19522]


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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

[[Page 50702]]

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 10, 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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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).
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    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 http://enforcement.trade.gov/frn/index.html. 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

[[Page 50703]]

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
------------------------------------------------------------------------
  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
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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.
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    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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    \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).
---------------------------------------------------------------------------

    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).


[[Page 50704]]


    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. 2021-19522 Filed 9-9-21; 8:45 am]
BILLING CODE 3510-DS-P