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]
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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices
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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
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9618.
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Committee meetings are available to the
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
SUMMARY:
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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:
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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.
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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.
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).
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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
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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 ..........................................................................................................................................................................
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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).
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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
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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.
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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.
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AGENCY:
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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.
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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.
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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)
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Prinx Chengshan (Shandong) Tire Company Ltd \12\........ 17.85
Qingdao Ge Rui Da Tire Company \13\..................... 17.15
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Review-Specific Average Rate Applicable to the Following Companies \14\
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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
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Disclosure and Public Comment
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\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