Truck and Bus Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Review in Part, and Intent To Rescind in Part; 2020, 12929-12932 [2022-04885]

Download as PDF Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices public through the conference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Individuals who are deaf, deafblind, and hard of hearing may also follow the proceedings by first calling the Federal Relay Service at (800) 877–8339 and providing the Service with the conference details found through registering at the web link above. To request additional accommodations, please email mtrachtenberg@usccr.gov at least seven (7) business days prior to the meeting. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Liliana Schiller at lschiller@ usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at (202) 809–9618. Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Florida Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https://www.usccr.gov, or may contact the Regional Programs Coordination Unit at the above phone number. Agenda I. Welcome & Roll Call II. Discussion: Panel Debrief III. Public Comment IV. Next Steps V. Adjournment Dated: March 2, 2022. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2022–04840 Filed 3–7–22; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Florida Advisory Committee to the U.S. Commission on Civil Rights AGENCY: U.S. Commission on Civil Rights. VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 ACTION: Announcement of web briefings. Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Florida Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a series of web briefings at 2:00 p.m. ET on Monday, March 28, 2022, and Friday, April 29, 2022, to hear testimony regarding the civil rights implications of recent legislative changes to Florida’s election laws, followed by access to early voting, and vote-by-mail procedures. 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If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Individuals who are deaf, deafblind, and hard of hearing may also follow the proceedings by first calling the Federal Relay Service at (800) 877–8339 and providing the Service with the conference details found through registering at the web link above. To request additional accommodations, please email mtrachtenberg@usccr.gov at least seven (7) business days prior to the meeting. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Liliana Schiller at lschiller@ usccr.gov. Persons who desire SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 12929 additional information may contact the Regional Programs Coordination Unit at (202) 809–9618. Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Florida Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https://www.usccr.gov, or may contact the Regional Programs Coordination Unit at the above phone number. Agenda I. Welcoming Remarks II. Panelist Presentations and Committee Q&A III. Public Comment IV. Closing Remarks V. Adjournment Dated: March 2, 2022. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2022–04837 Filed 3–7–22; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–041] Truck and Bus Tires From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Review in Part, and Intent To Rescind in Part; 2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain exporters/producers of truck and bus tires from the People’s Republic of China (China) received countervailable subsidies during the period of review (POR) from January 1, 2020, through December 31, 2020. In addition, we are rescinding the review with respect to seven 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 March 8, 2022. FOR FURTHER INFORMATION CONTACT: Brontee Jeffries or Theodore Pearson, AD/CVD Operations, Enforcement and Compliance, International Trade AGENCY: E:\FR\FM\08MRN1.SGM 08MRN1 12930 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4656 or (202) 482–2631, respectively. SUPPLEMENTARY INFORMATION: specific).5 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. Rescission of Administrative Review, in Part On April 1, 2021, Commerce Pursuant to 19 CFR 351.213(d)(1), published the notice of initiation of an Commerce will rescind an administrative review of the administrative review, in whole or in countervailing duty (CVD) order on part, if the parties that requested a 1 truck and bus tires from China. On review withdraw the request within 90 October 1, 2021, Commerce exercised its days of the date of publication of the discretion to extend the preliminary notice of initiation. Commerce received results of this administrative review by timely-filed withdrawal requests with 2 120 days, until February 25, 2022. respect to the following seven For a complete description of the companies: Double Coin Tyre Group events that followed the initiation of (Shanghai) Imp & Exp Co., Ltd.; Giti Tire this review, see the Preliminary (Fujian) Company Ltd.; Giti Tire 3 Decision Memorandum. A list of topics (Anhui) Company Ltd.; Giti Tire Global discussed in the Preliminary Decision Trading Pte. Ltd.; Shandong Hugerubber Memorandum is included as the Co., Ltd.; Shanghai Huayi Group appendix to this notice. The Preliminary Corporation Limited; and Weifang Decision Memorandum is a public Shunfuchang Rubber And Plastic document and is on file electronically Products Co., Ltd., pursuant to 19 CFR via Enforcement and Compliance’s 351.213(d)(1).6 Because the withdrawal Antidumping and Countervailing Duty requests were timely filed, and no other Centralized Electronic Service System parties requested a review of these (ACCESS). ACCESS is available to companies, in accordance with 19 CFR registered users at https:// 351.213(d)(1), Commerce is rescinding access.trade.gov. In addition, a complete this review of the Order with respect to version of the Preliminary Decision the seven companies noted above. Memorandum can be accessed directly Intent To Rescind Administrative at https://access.trade.gov/public/ Review, in Part FRNoticesListLayout.aspx. It is Commerce’s practice to rescind Scope of the Order an administrative review of a The products covered by the order are countervailing duty order, pursuant to truck and bus tires. For a complete 19 CFR 351.213(d)(3), when there are no description of the scope, see the reviewable entries of subject Preliminary Decision Memorandum.4 merchandise during the POR for which liquidation is suspended.7 Normally, Methodology upon completion of an administrative Commerce is conducting this review, the suspended entries are administrative review in accordance liquidated at the countervailing duty with section 751(a)(1)(A) of the Tariff assessment rate calculated for the Act of 1930, as amended (the Act). For review period.8 Therefore, for an each subsidy program found administrative review of a company to countervailable, we preliminarily find be conducted, there must be a that there is a subsidy, (i.e., a reviewable, suspended entry that government-provided financial Commerce can instruct U.S. Customs contribution that gives rise to a benefit and Border Protection (CBP) to liquidate to the recipient, and that the subsidy is Background lotter on DSK11XQN23PROD with NOTICES1 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 17135 (April 1, 2021). 2 See Memorandum, ‘‘Truck and Bus Tires from the People’s Republic of China: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2020,’’ dated October 1, 2021. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of 2020 Countervailing Duty Administrative Review: Truck and Bus Tires from the People’s Republic of China and Recission of Administrative Review, in Part,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Preliminary Decision Memorandum. VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 5 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. 6 See Shandong and Weifang’s Letter, ‘‘Truck and Bus Tires from the People’s Republic of China— Withdrawal of Request for Administrative Review’’, dated June 30, 2021. 7 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); and 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). 8 See 19 CFR 351.212(b)(2). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 at the calculated countervailing duty assessment rate calculated for the review period.9 According to the CBP import data, there are eight companies subject to this review that did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended. 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 other companies, in accordance with 19 CFR 351.213(d)(3).10 Preliminary Rate for Non-Selected Companies Under Review There are eight companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. For these companies, because the rates calculated for the mandatory respondents, Qingdao Ge Rui Da Rubber Co., Ltd. (GRT) and Prinx Chengshan (Shandong) Tire Co., Ltd. (PCT) were above de minimis and not based entirely on facts available, we are applying to the non-selected companies the average of the net subsidy rates calculated for GRT and PCT, which we calculated using the publicly-ranged sales data submitted by GRT and PCT.11 This methodology to establish the rate for the non-selected companies uses section 705(c)(5)(A) of the Act, which governs the calculation of the ‘‘allothers’’ rate in an investigation, as guidance. For further information on the calculation of the non-selected respondent rate, refer to the section in the Preliminary Decision Memorandum 9 See 19 CFR 351.213(d)(3). eight companies are: Chongqing Hankook Tire Co., Ltd.; Guangrao Kaichi Trading Co., Ltd.; Qingdao Fullrun Tyre Corp. Ltd.; Qingdao Honghuasheng Trade Co., Ltd.; Qingdao Kapsen Trade Co., Ltd.; Qingdao Sunfulcess Tyre Co., Ltd.; Shandong Habilead Rubber Co., Ltd.; and Shandong Qilun Rubber Co., Ltd. 11 With two respondents under examination, Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). 10 The E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices entitled ‘‘Non-Selected Companies Under Review.’’ Preliminary Results of Review We preliminarily find the following net countervailable subsidy rates for the 12931 period January 1, 2020, through December 31, 2020, are as follows: Subsidy rate (percent ad valorem) Manufacturer/exporter Prinx Chengshan (Shandong) Tire Company Ltd 12 ........................................................................................................................... Qingdao Ge Rui Da Tire Company 13 ................................................................................................................................................. 17.85 17.15 Review-Specific Average Rate Applicable to the Following Companies 14 Jiangsu General Science Technology Co., Ltd ................................................................................................................................... Jiangsu Hankook Tire Co., Ltd ............................................................................................................................................................ Qingdao Awesome International Trade Co., Ltd ................................................................................................................................. Qingdao Doublestar Tire Industrial Co., Ltd ........................................................................................................................................ Shandong Haohua Tire Co., Ltd ......................................................................................................................................................... Shandong Huasheng Rubber Co., Ltd ................................................................................................................................................ Shandong Kaixuan Rubber Co., Ltd ................................................................................................................................................... Triangle Tyre Co., Ltd .......................................................................................................................................................................... lotter on DSK11XQN23PROD with NOTICES1 Disclosure and Public Comment We will disclose to parties in this review, the calculations performed for these preliminary results within five days after the date of publication of this notice.15 Interested parties case briefs no later than 30 days after the date of publication of these preliminary results of review.16 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.17 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.18 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 12 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Prinx Chengshan (Shandong) Tire Company Ltd.: Chengshan Group Co., Ltd.; Shanghai Chengzhan Information and Technology Center; Prinx Chengshan (Qingdao) Industrial Research & Design Co., Ltd.; and Shandong Prinx Chengshan Tire Technology Research Co., Ltd. 13 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Qingdao Ge Rui Da Tire Company:Cooper Tire (China) Investment Co. Ltd.; Cooper Tire Asia-Pacific (Shanghai) Trading Co., Ltd.; Cooper (Kunshan) Tire Co., Ltd.; and Qingdao Yiyuan Investment Co., Ltd. 14 This rate is based on the rate for the respondent that was 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. 15 See 19 CFR 351.224(b). 16 See 19 CFR 351.309(c). 17 See 19 CFR 351.309(d). 18 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 17:25 Mar 07, 2022 Jkt 256001 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, filed electronically using ACCESS. An electronically-filed request must be received successfully, and in its entirety, by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice. Hearing 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). Cash Deposit Requirements Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respondents listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 17.21 17.21 17.21 17.21 17.21 17.21 17.21 17.21 administrative review. If the rate calculated in the final results is zero or de minimis, no cash deposit will be required on shipments of the 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. Assessment Rates In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned subsidy rates in the amounts shown above for the producers/ 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, we 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, 2020, through December 31, 2020, in accordance with 19 CFR 351.212(c)(l)(i). For the companies remaining in the review, we intend 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. E:\FR\FM\08MRN1.SGM 08MRN1 12932 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 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). Notification to Interested Parties These preliminary results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: February 25, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—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. Partial Rescission of Administrative Review VI. Intent To Rescind Administrative Review, in Part VII. Diversification of China’s Economy VIII. Use of Faces Otherwise Available and Application of Adverse Inferences IX. Subsidies Valuation X. Interest Rate Benchmarks, Discount Rates, Input, Electricity, and Land Benchmarks XI. Analysis of Programs XII. Recommendation [FR Doc. 2022–04885 Filed 3–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–867] Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Hyosung Heavy Industries Corporation (Hyosung) made sales of large power transformers from the Republic of Korea (Korea) at less than normal value during the period of review (POR) August 1, 2019, through July 31, 2020. DATES: Applicable March 8, 2022. FOR FURTHER INFORMATION CONTACT: John Drury, 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) 482–0195. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 SUPPLEMENTARY INFORMATION: Background On September 2, 2021, Commerce published the Preliminary Results.1 A summary of the events that occurred since Commerce published these Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. On December 9, 2021, Commerce extended the deadline for these final results of review until March 1, 2022.3 Scope of the Order The scope of this order covers large liquid dielectric power transformers having a top power handling capacity greater than or equal to 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080, and 8504.90.9540. For a complete description of the scope of the order, see the accompanying Issues and Decision Memorandum. Final Determination of No Shipments In the Preliminary Results, Commerce determined that LSIS Co. Ltd. (LSIS) had no shipments of subject merchandise during the POR.4 No party commented on this issue and because we have not received any information to 1 See Large Power Transformers from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments, 2019– 2020, 86 FR 49304 (September 2, 2021) (Preliminary Results). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Large Power Transformers from the Republic of Korea; 2019–2020,’’ dated concurrently with this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Large Power Transformers from the Republic of Korea: Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2019–2020,’’ dated December 9, 2021. 4 See Preliminary Results. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 contradict our preliminary finding, we continue to find that LSIS did not have any shipments of subject merchandise during the POR and intend to issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of this review. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. For a list of the issues raised by parties, see the Appendix to this notice. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties, we made certain changes to the margin calculations for Hyosung.5 As a result of these changes, the weightedaverage dumping margin also changes for the companies subject to this review, but not selected for individual examination. Rates for Non-Selected Respondents The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies 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 the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ For these final results, we have assigned the rate calculated for respondent Hyosung to all of the nonselected respondents, as listed below. Final Results of the Administrative Review We determine that the following estimated weighted-average dumping 5 See Issues and Decision Memorandum at Comment 1; see also Memorandum, ‘‘Analysis of Data Submitted by Hyosung Corporation in the Final Results of the 2019–2020 Administrative Review of the Antidumping Duty Order on Large Power Transformers from the Republic of Korea,’’ dated concurrently with this notice. E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12929-12932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04885]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-041]


Truck and Bus Tires From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review, 
Rescission of Review in Part, and Intent To Rescind in Part; 2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain exporters/producers of truck and bus tires from the 
People's Republic of China (China) received countervailable subsidies 
during the period of review (POR) from January 1, 2020, through 
December 31, 2020. In addition, we are rescinding the review with 
respect to seven 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 March 8, 2022.

FOR FURTHER INFORMATION CONTACT: Brontee Jeffries or Theodore Pearson, 
AD/CVD Operations, Enforcement and Compliance, International Trade

[[Page 12930]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4656 or (202) 482-2631, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2021, Commerce published the notice of initiation of an 
administrative review of the countervailing duty (CVD) order on truck 
and bus tires from China.\1\ On October 1, 2021, Commerce exercised its 
discretion to extend the preliminary results of this administrative 
review by 120 days, until February 25, 2022.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 17135 (April 1, 2021).
    \2\ See Memorandum, ``Truck and Bus Tires from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Countervailing Duty Administrative Review; 2020,'' dated October 1, 
2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the 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://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of 2020 Countervailing Duty Administrative Review: Truck and 
Bus Tires from the People's Republic of China and Recission of 
Administrative Review, in Part,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are truck and bus tires. For a 
complete description of the scope, see the Preliminary Decision 
Memorandum.\4\
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    \4\ See Preliminary Decision Memorandum.
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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 subsidy program found countervailable, we preliminarily 
find that there is a subsidy, (i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific).\5\ 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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    \5\ 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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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 seven companies: 
Double Coin Tyre Group (Shanghai) Imp & Exp Co., Ltd.; Giti Tire 
(Fujian) Company Ltd.; Giti Tire (Anhui) Company Ltd.; Giti Tire Global 
Trading Pte. Ltd.; Shandong Hugerubber Co., Ltd.; Shanghai Huayi Group 
Corporation Limited; and Weifang Shunfuchang Rubber And Plastic 
Products Co., Ltd., pursuant to 19 CFR 351.213(d)(1).\6\ 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 the 
seven companies noted above.
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    \6\ See Shandong and Weifang's Letter, ``Truck and Bus Tires 
from the People's Republic of China--Withdrawal of Request for 
Administrative Review'', dated June 30, 2021.
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Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty 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.\7\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\8\ 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 countervailing duty assessment rate calculated for the 
review period.\9\ According to the CBP import data, there are eight 
companies subject to this review that did not have reviewable entries 
of subject merchandise during the POR for which liquidation is 
suspended. 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 other companies, in 
accordance with 19 CFR 351.213(d)(3).\10\
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    \7\ 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); and 
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).
    \8\ See 19 CFR 351.212(b)(2).
    \9\ See 19 CFR 351.213(d)(3).
    \10\ The eight companies are: Chongqing Hankook Tire Co., Ltd.; 
Guangrao Kaichi Trading Co., Ltd.; Qingdao Fullrun Tyre Corp. Ltd.; 
Qingdao Honghuasheng Trade Co., Ltd.; Qingdao Kapsen Trade Co., 
Ltd.; Qingdao Sunfulcess Tyre Co., Ltd.; Shandong Habilead Rubber 
Co., Ltd.; and Shandong Qilun Rubber Co., Ltd.
---------------------------------------------------------------------------

Preliminary Rate for Non-Selected Companies Under Review

    There are eight companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. For these 
companies, because the rates calculated for the mandatory respondents, 
Qingdao Ge Rui Da Rubber Co., Ltd. (GRT) and Prinx Chengshan (Shandong) 
Tire Co., Ltd. (PCT) were above de minimis and not based entirely on 
facts available, we are applying to the non-selected companies the 
average of the net subsidy rates calculated for GRT and PCT, which we 
calculated using the publicly-ranged sales data submitted by GRT and 
PCT.\11\ This methodology to establish the rate for the non-selected 
companies uses section 705(c)(5)(A) of the Act, which governs the 
calculation of the ``all-others'' rate in an investigation, as 
guidance. For further information on the calculation of the non-
selected respondent rate, refer to the section in the Preliminary 
Decision Memorandum

[[Page 12931]]

entitled ``Non-Selected Companies Under Review.''
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    \11\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results of Review

    We preliminarily find the following net countervailable subsidy 
rates for the period January 1, 2020, through December 31, 2020, are as 
follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Prinx Chengshan (Shandong) Tire Company Ltd \12\........           17.85
Qingdao Ge Rui Da Tire Company \13\.....................           17.15
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \14\
------------------------------------------------------------------------
Jiangsu General Science Technology Co., Ltd.............           17.21
Jiangsu Hankook Tire Co., Ltd...........................           17.21
Qingdao Awesome International Trade Co., Ltd............           17.21
Qingdao Doublestar Tire Industrial Co., Ltd.............           17.21
Shandong Haohua Tire Co., Ltd...........................           17.21
Shandong Huasheng Rubber Co., Ltd.......................           17.21
Shandong Kaixuan Rubber Co., Ltd........................           17.21
Triangle Tyre Co., Ltd..................................           17.21
------------------------------------------------------------------------

Disclosure and Public Comment
---------------------------------------------------------------------------

    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Prinx Chengshan (Shandong) Tire Company Ltd.: Chengshan Group Co., 
Ltd.; Shanghai Chengzhan Information and Technology Center; Prinx 
Chengshan (Qingdao) Industrial Research & Design Co., Ltd.; and 
Shandong Prinx Chengshan Tire Technology Research Co., Ltd.
    \13\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Qingdao Ge Rui Da Tire Company:Cooper Tire (China) Investment Co. 
Ltd.; Cooper Tire Asia-Pacific (Shanghai) Trading Co., Ltd.; Cooper 
(Kunshan) Tire Co., Ltd.; and Qingdao Yiyuan Investment Co., Ltd.
    \14\ This rate is based on the rate for the respondent that was 
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 after the date 
of publication of this notice.\15\ Interested parties case briefs no 
later than 30 days after the date of publication of these preliminary 
results of review.\16\ 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.\17\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information until 
further notice.\18\
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    \15\ See 19 CFR 351.224(b).
    \16\ See 19 CFR 351.309(c).
    \17\ See 19 CFR 351.309(d).
    \18\ 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, filed 
electronically using ACCESS. An electronically-filed request must be 
received successfully, and in its entirety, by ACCESS by 5:00 p.m. 
Eastern Time, within 30 days after the date of publication of this 
notice. Hearing 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).

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon 
publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts shown for 
each of the respondents listed above on shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this 
administrative review. If the rate calculated in the final results is 
zero or de minimis, no cash deposit will be required on shipments of 
the 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.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
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, we 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, 2020, through December 31, 2020, in accordance with 19 CFR 
351.212(c)(l)(i). For the companies remaining in the review, we intend 
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.

[[Page 12932]]

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).

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--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. Partial Rescission of Administrative Review
VI. Intent To Rescind Administrative Review, in Part
VII. Diversification of China's Economy
VIII. Use of Faces Otherwise Available and Application of Adverse 
Inferences
IX. Subsidies Valuation
X. Interest Rate Benchmarks, Discount Rates, Input, Electricity, and 
Land Benchmarks
XI. Analysis of Programs
XII. Recommendation

[FR Doc. 2022-04885 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P