Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Rescission, in Part; and Preliminary Determination of No Shipments; 2020-2021, 54970-54974 [2022-19339]
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
VI. Recommendation
[FR Doc. 2022–19338 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; Rescission, in Part; and
Preliminary Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers and
exporters of passenger vehicle and light
truck tires (passenger tires) from the
People’s Republic of China (China)
made sales of subject merchandise at
prices below normal value (NV) during
the period of review (POR), August 1,
2020, through July 31, 2021. Commerce
also preliminarily finds that 17
companies qualified for separate rate
status, eight companies are part of the
China-wide entity, nine companies
timely withdrew their requests for an
administrative review, and ten
companies did not ship subject
merchandise to the United States during
the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable September 8, 2022.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Peter Shaw, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1398 or (202) 482–0697,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
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Background
On August 10, 2015, Commerce
published in the Federal Register the
antidumping duty order on passenger
tires from China.1 On August 2, 2021,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
1 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) (Order).
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Order on passenger tires from China for
the period August 1, 2020, through July
31, 2021.2 On October 7, 2021, based on
timely requests for review, Commerce
published the initiation of the
administrative review of the Order with
respect to 47 companies.3 The petitioner
in this review is the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (USW). This review covers
mandatory respondents, Giti 4 and
Sumitomo,5 as well as 33 additional
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 41436
(August 2, 2021).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021).
4 In a prior administrative review, we determined
that it was appropriate to treat the following
companies as a single entity: Giti Tire Global
Trading Pte. Ltd. (GTT); Giti Radial (Anhui) Tire
Company Ltd. (Giti Radial Anhui), and Giti Tire
Fujian Company Ltd. (Giti Fujian), Giti Tire
(Hualin) Company, Ltd., Giti Tire Greatwall
Company. Ltd., Giti Tire (Anhui) Company, Giti
Tire (Yinchuan) Company Ltd., Giti Tire
(Chongqing Company Ltd., and Giti Tire USA, Ltd.
collectively, Giti). See Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China: Preliminary Results of Antidumping Duty
Administrative Review; Preliminary Determination
of No Shipments, and Rescission, In Part; 2015–
2016, 82 FR 42281 (September 7, 2017), and
accompanying Preliminary Decision Memorandum
(PDM), at ‘‘Affiliation and Single Entity Treatment,’’
unchanged in Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments;
2015–2016, 83 FR 11690 (March 16, 2018). Because
no interested party submitted comments on this
issue, and in the absence of any new information
regarding this finding, Commerce is continuing to
find that these companies are affiliated, pursuant to
section 771(33)(E) of the Tariff Act of 1930, as
amended (the Act), and are a single entity, pursuant
to 19 CFR 351.401(f). However, because Giti Tire
USA, Ltd. is an affiliated entity located in
California, we find that, per Commerce’s practice,
this affiliate should be removed from the single
entity. See Giti’s Letter, ‘‘Passenger Vehicle and
Light Truck Tires from the People’s Republic of
China: Section A Questionnaire Response,’’ dated
January 4, 2022, at 2 and Exhibit A–3.
5 In the prior segment of this proceeding, we
determined that it was appropriate to treat the
following entities as a single entity: Sumitomo
Rubber (Hunan) Co., Ltd. (SRH), Sumitomo Rubber
(Changshu) Co., Ltd. (SRC), and Sumitomo Rubber
Industries (SRI) (collectively, Sumitomo). See
Certain Passenger Vehicle and Light Truck Tires
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; and Preliminary Determination of No
Shipments; 2019–2020, 86 FR 50029 (September 7,
2021), and accompanying PDM, at ‘‘Affiliation and
Single Entity Treatment,’’ unchanged in Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; and
Final Determination of No Shipments; 2019–2020,
87 FR 13966 (March 11, 2022). Because no
interested party submitted comments on this issue,
and in the absence of any new information
regarding this finding, Commerce is continuing to
find that SRH, SRC, and SRI are affiliated, pursuant
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exporters that were not selected for
individual examination.
On March 31, 2022, Commerce
extended the deadline for these
preliminary results to August 31, 2022.6
For a complete description of the events
that followed the initiation and the
partial rescission of this administrative
review, see the Preliminary Decision
Memorandum.7 A list of topics
discussed in the Preliminary Decision
Memorandum is included in Appendix
I 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.
Scope of the Order
The products covered by the Order
are certain passenger vehicle and light
truck tires from China. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.8
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act and 19 CFR 351.213. In
determining the dumping margins in
this review, we calculated constructed
export price in accordance with section
772 of the Act. Because Commerce has
determined that China is a non-market
economy (NME) country, within the
meaning of section 771(18) of the Act,
we calculated normal value in this
review in accordance with section
773(c) of the Act. For a full description
of the methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
to section 771(33)(F) of the Act, as, and are a single
entity, pursuant to 19 CFR 351.401(f).
6 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review 2020–2021,’’ dated March
31, 2022.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China and Preliminary Determination of No
Shipments; 2020–2021,’’ dated concurrently with,
and hereby adapted by, this notice (Preliminary
Decision Memorandum).
8 See Preliminary Decision Memorandum at
‘‘Scope of the Order.’’
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Preliminary Determination of No
Shipments
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Between October 15 and November 8,
2021, 13 companies timely filed
certifications that they had no exports,
shipments, sales, or entries of subject
merchandise to the United States during
the POR.9 Based on an analysis of
information from U.S. Customs and
Border Protection (CBP), Commerce
preliminarily determines that the
following ten companies had no
shipments of subject merchandise
during the POR: (1) Hongtyre Group Co.;
(2) Mayrun Tyre (Hong Kong) Limited;
(3) Qingdao Nama Industrial Co., Ltd.;
(4) Shandong Changfeng Tyres Co., Ltd.;
(5) Shandong Duratti Rubber
Corporation Co., Ltd.; (6) Shandong
Linglong Tyre Co., Ltd.; (7) Shandong
Yongsheng Rubber Group Co., Ltd.; (8)
Tyrechamp Group Co., Limited; (9)
Wendeng Sanfeng Tyre Co., Ltd.; and
(10) Zhaoqing Junhong Co., Ltd.
In addition, Commerce preliminarily
determines that Roadclaw Tyre (Hong
Long) Limited; Shouguang Firemax Tyre
Co., Ltd.; and Winrun Tyre Co., Ltd.,
had reviewable transactions during the
POR. For additional information
regarding these preliminary findings,
see the Preliminary Decision
Memorandum.
Consistent with Commerce’s practice
in NME cases, we are not rescinding this
administrative review with respect to
the companies for which we
preliminarily found had no shipments
but intend to complete the review and
issue appropriate instructions to CBP
based on the final results of the
review.10
9 See Hongtyre’s Letter, ‘‘No Shipment Letter for
Hongtyre,’’ dated November 8, 2021; see also
Mayrun Tyre’s Letter, ‘‘No Sales and Separate Rate
Certification,’’ dated November 8, 2021; Qingdao
Nama’s Letter, ‘‘Submission of Statement of No
Shipments,’’ dated October 15, 2021; Roadclaw’s
Letter, ‘‘Roadclaw’s No Shipment Certification,’’
dated October 21, 2021; Shandong Changfeng’s
Letter, ‘‘No Sales Certification,’’ dated November 8,
2021; Duratti’s Letter, ‘‘No Sales Certification,’’
dated November 8, 2021; Shandong Linglong’s
Letter, ‘‘No Commercial Shipment Letter for
Linglong,’’ dated October 27, 2021; Shandong
Yongsheng’s Letter, ‘‘Notice of No Sales,’’ dated
November 5, 2021; Firemax’s Letter, ‘‘Notice of No
Sales,’’ dated November 5, 2021 (Firemax’s No
Shipment Letter); Tyrechamp’s Letter, ‘‘Submission
of Statement of No Shipments,’’ dated October 20,
2021; Sanfeng Tyre’s Letter, ‘‘No Shipment
Certification for the Administrative Review,’’ dated
October 21, 2021; Winrun’s Letter, ‘‘Winrun’s No
Shipment Certification,’’ dated October 21, 2021;
and Zhaoqing Junhong’s Letter, ‘‘No Sales &
Separate Rate Certification,’’ dated November 8,
2021.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME
Assessment of Duties); see also the ‘‘Assessment
Rates’’ section, infra.
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China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.11 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, and we
did not self-initiate a review, the Chinawide entity cash deposit rate (i.e., 76.46
percent) is not subject to change as a
result of this review.12
Separate Rates
In all proceedings involving NME
countries, Commerce maintains a
rebuttable presumption that all
companies within an NME country are
subject to government control and, thus,
should be assessed a single weightedaverage dumping margin unless the
company can affirmatively demonstrate
an absence of government control, both
in law (de jure) and in fact (de facto),
with respect to its exports so that it is
entitled to separate rate status.13
Commerce preliminarily finds that the
information placed on the record by: (1)
Anhui Jichi Tire Co., Ltd.; (2) Crown
International Corporation; (3) Hankook
Tire China Co., Ltd.; (4) Jiangsu
Hankook Tire Co., Ltd.; (5) Koryo
International Industrial Limited; (6)
Nankang (Zhangjiagang Free Trade
Zone) Rubber Industrial Co., Ltd.; (7)
Qingdao Sentury Tire Co., Ltd; 14 (8)
11 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
12 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902, 47906 (August 10, 2015).
13 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value, and Affirmative Critical
Circumstances, In Part: Certain Lined Paper
Products from the People’s Republic of China, 71
FR 53079, 53082 (September 8, 2006); and Final
Determination of Sales at Less Than Fair Value and
Final Partial Affirmative Determination of Critical
Circumstances: Diamond Sawblades and Parts
Thereof from the People’s Republic of China, 71 FR
29303, 29307 (May 22, 2006).
14 In a prior administrative review, we
determined to treat the following companies as a
single entity: Sentury Qingdao, Sentury Tire USA
Inc. and Sentury (Hong Kong) Trading Co., Limited
(collectively, Sentury). See Certain Vehicle and
Light Truck Tires from the People’s Republic of
China: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination
of No Shipments, and Rescission, in Part; 2015–
2016, 82 FR 42281 (September 7 2017), unchanged
in Certain Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Administrative Review and Final Determination of
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54971
Qingdao Sunfulcess Tyre Co., Ltd.; (9)
Qingdao Transamerica Tire Industrial
Co., Ltd.; (10) Shandong Haohua Tire
Co., Ltd.; (11) Shandong Hengyu
Science & Technology Co., Ltd.; (12)
Shandong New Continent Tire Co., Ltd.;
(13) Shandong Province Sanli Tire
Manufactured Co., Ltd.; (14) Shandong
Wanda Boto Tyre Co., Ltd.; and (15)
Triangle Tyre Co., Ltd. demonstrates
that these companies are entitled to
separate rate status.
We have preliminarily determined
that the companies listed in Appendix
II have not demonstrated their eligibility
for a separate rate because either the
company did not file a timely separate
rate application (SRA) or a separate rate
certification with Commerce or it was
unable to demonstrate an absence of
government control, both in law and in
fact, with respect to exports. We are
treating the companies listed in
Appendix II as part of the China-wide
entity. Because no party requested a
review of the China-wide entity, the
entity is not under review and the
entity’s rate (i.e., 76.46 percent) is not
subject to change. For additional
information regarding Commerce’s
preliminary separate rate
determinations, see the Preliminary
Decision Memorandum.
Weighted-Average Dumping Margin for
Non-Selected Separate Rate Companies
The Act and Commerce’s regulations
do not identify the dumping margin to
apply to respondents not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
determining the dumping margin for
respondents that are not individually
examined in an administrative review.
Section 735(c)(5)(A) of the Act states
that the all-others rate should be
calculated by averaging the weightedaverage dumping margins for
individually examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. Where the dumping
margins for individually examined
respondents are all zero, de minimis, or
No Shipments; 2015–2016, 83 FR 11690 (March 16,
2018). We note that only Sentury Qingdao filed an
SRA and stated that only it had exports to the
United States during the POR. See Sentury
Qingdao’s Letter, ‘‘Sentury Qingdao Separate Rate
Application,’’ dated November 17, 2021, at 21.
Additionally, because Sentury Tire USA Inc. is an
affiliated entity located in the United States, we
find that, per Commerce’s practice, this affiliate
should be removed from the single entity. Id. at 20.
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based entirely on facts available, section
735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
method to establish the estimated all
others rate for exporters and producers
not individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
Commerce calculated an estimated
weighted-average dumping margin of
9.08 percent for Giti and 0.59 percent
for Sumitomo. Because Giti and
Sumitomo have individually-calculated
weighted-average dumping margins that
are not zero, de minimis, or based
entirely on facts otherwise available, we
are assigning the separate rate
respondents a dumping margin equal to
the simple average of Giti’s and
Sumitomo’s margins.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if all parties that requested a
review withdraw their requests within
90 days of the publication date of the
notice of initiation of the requested
review in the Federal Register. Between
October 25, 2021, and January 6, 2022,
we received timely withdrawals from
this administrative review from nine
companies.15
Because no other party requested a
review of the nine aforementioned
companies, consistent with 19 CFR
351.213(d)(1), Commerce is rescinding
this review, in part, with respect to
these companies.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the period
August 1, 2020, through July 31, 2021:
Weightedaverage
dumping
margin
(percent)
Exporter
Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire (Anhui) Company Ltd.; and Giti Tire (Fujian) Company Ltd.; Giti Tire (Hualin)
Company Ltd.; Giti Tire Greatwall Company, Ltd.; Giti Tire (Anhui) Company, ltd.; Giti Tire (Yinchuan) Company, Ltd.; Giti Tire
(Chongqing) Company, Ltd ....................................................................................................................................................................
Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan) Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd .........................
Anhui Jichi Tire Co., Ltd ............................................................................................................................................................................
Crown International Corporation ................................................................................................................................................................
Hankook Tire China Co., Ltd .....................................................................................................................................................................
Jiangsu Hankook Tire Co., Ltd ..................................................................................................................................................................
Koryo International Industrial Limited ........................................................................................................................................................
Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial Co., Ltd ....................................................................................................
Qingdao Sentury Tire Co., Ltd.; Sentury (Hong Kong) Trading Co., Limited ...........................................................................................
Qingdao Sunfulcess Tyre Co., Ltd ............................................................................................................................................................
Qingdao Transamerica Tire Industrial Co., Ltd .........................................................................................................................................
Shandong Haohua Tire Co., Ltd ...............................................................................................................................................................
Shandong Hengyu Science & Technology Co., Ltd ..................................................................................................................................
Shandong New Continent Tire Co., Ltd ....................................................................................................................................................
Shandong Province Sanli Tire Manufactured Co., Ltd ..............................................................................................................................
Shandong Wanda Boto Tyre Co. Ltd ........................................................................................................................................................
Triangle Tyre Co., Ltd ................................................................................................................................................................................
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of such case briefs and
written comments at a later date.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the date for filing
case briefs.16 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Case and rebuttal briefs should be filed
using ACCESS 17 and must be served on
interested parties.18 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.19
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, within 30
days of the date of publication of this
notice.20 Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.21 Parties should
confirm the date, time, and location of
15 The nine companies that withdrew their
requests for review are: (1) Sailun Group
(HongKong) Co., Limited, formerly known as Sailun
Jinyu Group (Hong Kong) Co., Limited; (2) Sailun
Group Co., Ltd., formerly known as Sailun Jinyu
Group Co., Ltd.; (3) Sailun Tire Americas Inc.,
formerly known as SJI North America Inc.; (4)
Zhongce Rubber Group Co., Ltd.; (5) Qingdao
Lakesea Tyre Co., Ltd.; (6) Safe & Well (HK)
International Trading Limited; (7) Kumho Tire
(Tianjin) Co., Inc.; (8) Nanjing Kumho Tire Co., Ltd.;
and (9) Kumho Tire (Changchun) Co., Inc.
16 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect)’’).
17 See 19 CFR 351.303 (for general filing
requirements).
18 See 19 CFR 351.303(f).
19 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
20 See 19 CFR 351.310(c).
21 See 19 CFR 351.310(d).
Disclosure
Commerce will disclose calculations
performed for these preliminary results
to the parties within five days of the
date of publication of this notice, in
accordance with 19 CFR 351.224(b).
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9.08
0.59
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
4.84
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the hearing two days before the
scheduled date.
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in the case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Verification
On January 10, 2022, the petitioner
requested, pursuant to 19 CFR
351.307(b)(1)(v), that Commerce
conduct verification of the
questionnaire responses submitted in
this administrative review.22 As
provided in section 782(i)(1) of the Act,
Commerce intends to verify the
information relied upon in making its
final determination for Giti.
Assessment Rates
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Upon issuing the final results of this
review, Commerce shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review.23 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).
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer/customer-specific assessment
rates.24 Where the respondent reported
reliable entered values, Commerce
intends to calculate importer/customerspecific ad valorem assessment rates by
aggregating the amount of dumping
calculated for all U.S. sales to the
importer/customer and dividing this
amount by the total entered value of the
merchandise sold to the importer/
22 See Petitioner’s Letter, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China (A–570–016)-Petitioner’s
Verification Request,’’ dated January 10, 2022.
23 See 19 CFR 351.212(b)(1).
24 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
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customer.25 Where the respondent did
not report entered values, Commerce
will calculate importer/customerspecific assessment rates by dividing the
amount of dumping for reviewed sales
to the importer/customer by the total
quantity of those sales. Commerce will
calculate an estimated ad valorem
importer/customer-specific assessment
rate to determine whether the per-unit
assessment rate is de minimis; however,
Commerce will use the per-unit
assessment rate where entered values
were not reported.26 Where an importer/
customer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer/customer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.27
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), Commerce will instruct
CBP to liquidate such entries at the
China-wide rate of 76.46 percent.28 We
also intend to liquidate entries
containing subject merchandise
exported: (1) by the companies under
review that we determine in the final
results to be part of the China-wide
entity; and (2) under the name
Tyrechamp Group Co. Ltd., at the
China-wide cash deposit rate of 76.46
percent.
For the companies receiving a
separate rate, we intend to assign an
assessment rate of 4.84 percent,
consistent with the methodology
described above. Additionally, if
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s CBP case number will be
liquidated at the rate for the China-wide
entity.
Finally, for companies for which we
rescinded the review, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
25 See
19 CFR 351.212(b)(1).
26 Id.
27 See
Final Modification, 77 FR at 8103.
28 For a full discussion of this practice, see NME
Assessment of Duties.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
54973
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) for
the companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except, if the rate
is zero or de minimis, then a cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be equal to
the exporter-specific weighted-average
dumping margin published of the most
recently-completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for China-wide entity, 76.46
percent; and (4) for all exporters of
subject merchandise which are not
located in China and which are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that
non-Chinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
E:\FR\FM\08SEN1.SGM
08SEN1
54974
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Preliminarily Determined To Be
Part of the China-Wide Entity
1. Kenda Rubber (China) Co., Ltd.
2. Kumho Tire Co., Inc.
3. Qingdao Crowntyre Industries Co., Ltd.
4. Qingdao Odyking Tyre Co., Ltd.
5. Roadclaw Tyre (Hong Kong) Limited
6. Shouguang Firemax Tyre Co., Ltd.
7. Shandong Longyue Rubber Co., Ltd
8. Winrun Tyre Co., Ltd.
[FR Doc. 2022–19339 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Civil Nuclear Trade Advisory
Committee
International Trade
Administration, Industry and Analysis,
U.S. Department of Commerce.
ACTION: Notice of renewal of the Civil
Nuclear Trade Advisory Committee and
solicitation of nominations for
membership.
AGENCY:
Pursuant to provisions of the
Federal Advisory Committee Act, the
Department of Commerce (the
Department) announces the renewal of
the Civil Nuclear Trade Advisory
Committee (CINTAC or ‘‘Committee’’)
and requests nominations for
membership. The purpose of the
CINTAC is to provide advice to the
Secretary of Commerce regarding the
development and administration of
programs to expand U.S. exports of civil
nuclear goods and services in
accordance with applicable U.S. laws
and regulations, which will be used by
the Department in its role as a member
of the Civil Nuclear Trade Working
Group of the Trade Promotion
Coordinating Committee and of the
TeamUSA interagency group to promote
U.S. civil nuclear trade.
DATES: Nominations for members must
be received on or before 5:00 p.m.
Eastern Daylight Time (EDT) on
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
September 23, 2022. After that date, the
International Trade Administration
(ITA) may continue to accept
nominations under this notice to fill any
vacancies that may arise.
ADDRESSES: Nominations may be
emailed to jonathan.chesebro@
trade.gov.
FOR FURTHER INFORMATION CONTACT:
Jonathan Chesebro, Senior Nuclear
Trade Specialist, Office of Energy &
Environmental Industries, U.S.
Department of Commerce; telephone:
(202) 603–4968; email:
jonathan.chesebro@trade.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
The CINTAC was established on
August 13, 2008, pursuant to the
Department of Commerce authority
under 15 U.S.C. 1512 and the Federal
Advisory Committee Act, as amended
(FACA), 5 U.S.C. app. The CINTAC
functions solely as an advisory
committee in accordance with the
provisions of FACA. The CINTAC
provides advice to the Secretary of
Commerce regarding the development
and administration of programs to
expand U.S. exports of civil nuclear
goods and services which will be used
by the Department in its role as a
member of the Civil Nuclear Trade
Working Group of the Trade Promotion
Coordinating Committee and as a
member of the TeamUSA interagency
group to promote U.S. civil nuclear
trade. In particular, the Committee
advises on matters including, but not
limited to:
(1) Matters concerning trade policy
development and negotiations relating
to U.S. civil nuclear exports;
(2) The effect of U.S. Government
policies, regulations, programs, and
foreign government policies and
practices on the export of U.S. civil
nuclear goods and services;
(3) The competitiveness of U.S.
industry and its ability to compete for
civil nuclear products and services
opportunities in international markets,
including specific problems in
exporting, and provide specific
recommendations regarding U.S.
Government and public/private actions
to assist civil nuclear companies in
expanding their exports;
(4) The identification of priority civil
nuclear products and services markets
with the potential for high immediate
returns for U.S. exports, as well as
emerging markets with a longer-term
potential for U.S. exports;
(5) Strategies to increase private sector
awareness and effective use of U.S.
Government export promotion
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
programs, and recommendations on
how U.S. Government programs may be
more efficiently designed and
coordinated;
(6) The development of
complementary industry and trade
association export promotion programs,
including ways for greater and more
effective coordination of U.S.
Government efforts with private sector
organizations’ civil nuclear industry
export promotion efforts; and
(7) The development of U.S.
Government programs to encourage
producers of civil nuclear products and
services to enter new foreign markets, in
connection with which CINTAC may
advise on how to gather, disseminate,
and promote awareness of information
on civil nuclear exports and related
trade issues.
II. Membership
CINTAC shall consist of
approximately 40 members appointed
by the Secretary, in accordance with
applicable Department of Commerce
guidance and based on their ability to
carry out the objectives of the
Committee. Members shall represent
U.S. entities involved in the export of
civil nuclear products and services and
reflect the diversity of this sector,
including in terms of entities’ size and
geographic location. The Committee
shall also represent the diversity of
company or organizational roles in the
development of civil nuclear energy
projects, including, for example, U.S.
civil nuclear manufacturing and
services companies, U.S. utilities, U.S.
trade associations, and other U.S.
organizations or civil society groups in
the U.S. civil nuclear sector. Members
will be selected based on their ability to
carry out the objectives of the CINTAC,
in accordance with applicable
Department of Commerce guidelines. In
selecting members, priority will be
given to the selection of executives, i.e.,
Chief Executive Officer, Executive
Chairperson, President, or an officer
with a comparable level of
responsibility. The diverse membership
of the Committee assures perspectives
reflecting the full breadth of the
Committee’s responsibilities, and,
where possible, the Department will
also consider the ethnic, racial, and
gender diversity and various abilities of
the United States population. The
Department is committed to achieving
diversity in the membership of the
Council to the maximum extent
permitted by law consistent with the
need for balanced industry
representation. The Department may
seek additional nominations as
necessary to attain membership balance
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54970-54974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19339]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; Rescission, in Part; and Preliminary
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers and exporters of passenger vehicle and light
truck tires (passenger tires) from the People's Republic of China
(China) made sales of subject merchandise at prices below normal value
(NV) during the period of review (POR), August 1, 2020, through July
31, 2021. Commerce also preliminarily finds that 17 companies qualified
for separate rate status, eight companies are part of the China-wide
entity, nine companies timely withdrew their requests for an
administrative review, and ten companies did not ship subject
merchandise to the United States during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Applicable September 8, 2022.
FOR FURTHER INFORMATION CONTACT: Toni Page or Peter Shaw, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1398 or (202) 482-0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce published in the Federal Register the
antidumping duty order on passenger tires from China.\1\ On August 2,
2021, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order on
passenger tires from China for the period August 1, 2020, through July
31, 2021.\2\ On October 7, 2021, based on timely requests for review,
Commerce published the initiation of the administrative review of the
Order with respect to 47 companies.\3\ The petitioner in this review is
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union, AFL-CIO, CLC
(USW). This review covers mandatory respondents, Giti \4\ and
Sumitomo,\5\ as well as 33 additional exporters that were not selected
for individual examination.
---------------------------------------------------------------------------
\1\ 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) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\4\ In a prior administrative review, we determined that it was
appropriate to treat the following companies as a single entity:
Giti Tire Global Trading Pte. Ltd. (GTT); Giti Radial (Anhui) Tire
Company Ltd. (Giti Radial Anhui), and Giti Tire Fujian Company Ltd.
(Giti Fujian), Giti Tire (Hualin) Company, Ltd., Giti Tire Greatwall
Company. Ltd., Giti Tire (Anhui) Company, Giti Tire (Yinchuan)
Company Ltd., Giti Tire (Chongqing Company Ltd., and Giti Tire USA,
Ltd. collectively, Giti). See Certain Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review; Preliminary Determination
of No Shipments, and Rescission, In Part; 2015-2016, 82 FR 42281
(September 7, 2017), and accompanying Preliminary Decision
Memorandum (PDM), at ``Affiliation and Single Entity Treatment,''
unchanged in Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; and Final Determination of No Shipments;
2015-2016, 83 FR 11690 (March 16, 2018). Because no interested party
submitted comments on this issue, and in the absence of any new
information regarding this finding, Commerce is continuing to find
that these companies are affiliated, pursuant to section 771(33)(E)
of the Tariff Act of 1930, as amended (the Act), and are a single
entity, pursuant to 19 CFR 351.401(f). However, because Giti Tire
USA, Ltd. is an affiliated entity located in California, we find
that, per Commerce's practice, this affiliate should be removed from
the single entity. See Giti's Letter, ``Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Section A
Questionnaire Response,'' dated January 4, 2022, at 2 and Exhibit A-
3.
\5\ In the prior segment of this proceeding, we determined that
it was appropriate to treat the following entities as a single
entity: Sumitomo Rubber (Hunan) Co., Ltd. (SRH), Sumitomo Rubber
(Changshu) Co., Ltd. (SRC), and Sumitomo Rubber Industries (SRI)
(collectively, Sumitomo). See Certain Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review; and Preliminary
Determination of No Shipments; 2019-2020, 86 FR 50029 (September 7,
2021), and accompanying PDM, at ``Affiliation and Single Entity
Treatment,'' unchanged in Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; and Final Determination of
No Shipments; 2019-2020, 87 FR 13966 (March 11, 2022). Because no
interested party submitted comments on this issue, and in the
absence of any new information regarding this finding, Commerce is
continuing to find that SRH, SRC, and SRI are affiliated, pursuant
to section 771(33)(F) of the Act, as, and are a single entity,
pursuant to 19 CFR 351.401(f).
---------------------------------------------------------------------------
On March 31, 2022, Commerce extended the deadline for these
preliminary results to August 31, 2022.\6\ For a complete description
of the events that followed the initiation and the partial rescission
of this administrative review, see the Preliminary Decision
Memorandum.\7\ A list of topics discussed in the Preliminary Decision
Memorandum is included in Appendix I 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review 2020-2021,'' dated
March 31, 2022.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China and Preliminary Determination of No Shipments; 2020-2021,''
dated concurrently with, and hereby adapted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are certain passenger vehicle and
light truck tires from China. A full description of the scope of the
Order is contained in the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and 19 CFR 351.213. In determining the dumping
margins in this review, we calculated constructed export price in
accordance with section 772 of the Act. Because Commerce has determined
that China is a non-market economy (NME) country, within the meaning of
section 771(18) of the Act, we calculated normal value in this review
in accordance with section 773(c) of the Act. For a full description of
the methodology underlying the preliminary results of this review, see
the Preliminary Decision Memorandum.
[[Page 54971]]
Preliminary Determination of No Shipments
Between October 15 and November 8, 2021, 13 companies timely filed
certifications that they had no exports, shipments, sales, or entries
of subject merchandise to the United States during the POR.\9\ Based on
an analysis of information from U.S. Customs and Border Protection
(CBP), Commerce preliminarily determines that the following ten
companies had no shipments of subject merchandise during the POR: (1)
Hongtyre Group Co.; (2) Mayrun Tyre (Hong Kong) Limited; (3) Qingdao
Nama Industrial Co., Ltd.; (4) Shandong Changfeng Tyres Co., Ltd.; (5)
Shandong Duratti Rubber Corporation Co., Ltd.; (6) Shandong Linglong
Tyre Co., Ltd.; (7) Shandong Yongsheng Rubber Group Co., Ltd.; (8)
Tyrechamp Group Co., Limited; (9) Wendeng Sanfeng Tyre Co., Ltd.; and
(10) Zhaoqing Junhong Co., Ltd.
---------------------------------------------------------------------------
\9\ See Hongtyre's Letter, ``No Shipment Letter for Hongtyre,''
dated November 8, 2021; see also Mayrun Tyre's Letter, ``No Sales
and Separate Rate Certification,'' dated November 8, 2021; Qingdao
Nama's Letter, ``Submission of Statement of No Shipments,'' dated
October 15, 2021; Roadclaw's Letter, ``Roadclaw's No Shipment
Certification,'' dated October 21, 2021; Shandong Changfeng's
Letter, ``No Sales Certification,'' dated November 8, 2021;
Duratti's Letter, ``No Sales Certification,'' dated November 8,
2021; Shandong Linglong's Letter, ``No Commercial Shipment Letter
for Linglong,'' dated October 27, 2021; Shandong Yongsheng's Letter,
``Notice of No Sales,'' dated November 5, 2021; Firemax's Letter,
``Notice of No Sales,'' dated November 5, 2021 (Firemax's No
Shipment Letter); Tyrechamp's Letter, ``Submission of Statement of
No Shipments,'' dated October 20, 2021; Sanfeng Tyre's Letter, ``No
Shipment Certification for the Administrative Review,'' dated
October 21, 2021; Winrun's Letter, ``Winrun's No Shipment
Certification,'' dated October 21, 2021; and Zhaoqing Junhong's
Letter, ``No Sales & Separate Rate Certification,'' dated November
8, 2021.
---------------------------------------------------------------------------
In addition, Commerce preliminarily determines that Roadclaw Tyre
(Hong Long) Limited; Shouguang Firemax Tyre Co., Ltd.; and Winrun Tyre
Co., Ltd., had reviewable transactions during the POR. For additional
information regarding these preliminary findings, see the Preliminary
Decision Memorandum.
Consistent with Commerce's practice in NME cases, we are not
rescinding this administrative review with respect to the companies for
which we preliminarily found had no shipments but intend to complete
the review and issue appropriate instructions to CBP based on the final
results of the review.\10\
---------------------------------------------------------------------------
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Assessment of Duties); see also the ``Assessment Rates'' section,
infra.
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
and we did not self-initiate a review, the China-wide entity cash
deposit rate (i.e., 76.46 percent) is not subject to change as a result
of this review.\12\
---------------------------------------------------------------------------
\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ See Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 47902, 47906 (August 10, 2015).
---------------------------------------------------------------------------
Separate Rates
In all proceedings involving NME countries, Commerce maintains a
rebuttable presumption that all companies within an NME country are
subject to government control and, thus, should be assessed a single
weighted-average dumping margin unless the company can affirmatively
demonstrate an absence of government control, both in law (de jure) and
in fact (de facto), with respect to its exports so that it is entitled
to separate rate status.\13\ Commerce preliminarily finds that the
information placed on the record by: (1) Anhui Jichi Tire Co., Ltd.;
(2) Crown International Corporation; (3) Hankook Tire China Co., Ltd.;
(4) Jiangsu Hankook Tire Co., Ltd.; (5) Koryo International Industrial
Limited; (6) Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial
Co., Ltd.; (7) Qingdao Sentury Tire Co., Ltd; \14\ (8) Qingdao
Sunfulcess Tyre Co., Ltd.; (9) Qingdao Transamerica Tire Industrial
Co., Ltd.; (10) Shandong Haohua Tire Co., Ltd.; (11) Shandong Hengyu
Science & Technology Co., Ltd.; (12) Shandong New Continent Tire Co.,
Ltd.; (13) Shandong Province Sanli Tire Manufactured Co., Ltd.; (14)
Shandong Wanda Boto Tyre Co., Ltd.; and (15) Triangle Tyre Co., Ltd.
demonstrates that these companies are entitled to separate rate status.
---------------------------------------------------------------------------
\13\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value, and Affirmative Critical Circumstances, In Part:
Certain Lined Paper Products from the People's Republic of China, 71
FR 53079, 53082 (September 8, 2006); and Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
\14\ In a prior administrative review, we determined to treat
the following companies as a single entity: Sentury Qingdao, Sentury
Tire USA Inc. and Sentury (Hong Kong) Trading Co., Limited
(collectively, Sentury). See Certain Vehicle and Light Truck Tires
from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Preliminary Determination of
No Shipments, and Rescission, in Part; 2015-2016, 82 FR 42281
(September 7 2017), unchanged in Certain Vehicle and Light Truck
Tires from the People's Republic of China: Final Results of
Administrative Review and Final Determination of No Shipments; 2015-
2016, 83 FR 11690 (March 16, 2018). We note that only Sentury
Qingdao filed an SRA and stated that only it had exports to the
United States during the POR. See Sentury Qingdao's Letter,
``Sentury Qingdao Separate Rate Application,'' dated November 17,
2021, at 21. Additionally, because Sentury Tire USA Inc. is an
affiliated entity located in the United States, we find that, per
Commerce's practice, this affiliate should be removed from the
single entity. Id. at 20.
---------------------------------------------------------------------------
We have preliminarily determined that the companies listed in
Appendix II have not demonstrated their eligibility for a separate rate
because either the company did not file a timely separate rate
application (SRA) or a separate rate certification with Commerce or it
was unable to demonstrate an absence of government control, both in law
and in fact, with respect to exports. We are treating the companies
listed in Appendix II as part of the China-wide entity. Because no
party requested a review of the China-wide entity, the entity is not
under review and the entity's rate (i.e., 76.46 percent) is not subject
to change. For additional information regarding Commerce's preliminary
separate rate determinations, see the Preliminary Decision Memorandum.
Weighted-Average Dumping Margin for Non-Selected Separate Rate
Companies
The Act and Commerce's regulations do not identify the dumping
margin to apply to respondents not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
determining the dumping margin for respondents that are not
individually examined in an administrative review. Section 735(c)(5)(A)
of the Act states that the all-others rate should be calculated by
averaging the weighted-average dumping margins for individually
examined respondents, excluding dumping margins that are zero, de
minimis, or based entirely on facts available. Where the dumping
margins for individually examined respondents are all zero, de minimis,
or
[[Page 54972]]
based entirely on facts available, section 735(c)(5)(B) of the Act
provides that Commerce may use ``any reasonable method to establish the
estimated all others rate for exporters and producers not individually
investigated, including averaging the estimated weighted average
dumping margins determined for the exporters and producers individually
investigated.''
Commerce calculated an estimated weighted-average dumping margin of
9.08 percent for Giti and 0.59 percent for Sumitomo. Because Giti and
Sumitomo have individually-calculated weighted-average dumping margins
that are not zero, de minimis, or based entirely on facts otherwise
available, we are assigning the separate rate respondents a dumping
margin equal to the simple average of Giti's and Sumitomo's margins.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review in
the Federal Register. Between October 25, 2021, and January 6, 2022, we
received timely withdrawals from this administrative review from nine
companies.\15\
---------------------------------------------------------------------------
\15\ The nine companies that withdrew their requests for review
are: (1) Sailun Group (HongKong) Co., Limited, formerly known as
Sailun Jinyu Group (Hong Kong) Co., Limited; (2) Sailun Group Co.,
Ltd., formerly known as Sailun Jinyu Group Co., Ltd.; (3) Sailun
Tire Americas Inc., formerly known as SJI North America Inc.; (4)
Zhongce Rubber Group Co., Ltd.; (5) Qingdao Lakesea Tyre Co., Ltd.;
(6) Safe & Well (HK) International Trading Limited; (7) Kumho Tire
(Tianjin) Co., Inc.; (8) Nanjing Kumho Tire Co., Ltd.; and (9) Kumho
Tire (Changchun) Co., Inc.
---------------------------------------------------------------------------
Because no other party requested a review of the nine
aforementioned companies, consistent with 19 CFR 351.213(d)(1),
Commerce is rescinding this review, in part, with respect to these
companies.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2020, through
July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire (Anhui) 9.08
Company Ltd.; and Giti Tire (Fujian) Company Ltd.; Giti
Tire (Hualin) Company Ltd.; Giti Tire Greatwall Company,
Ltd.; Giti Tire (Anhui) Company, ltd.; Giti Tire (Yinchuan)
Company, Ltd.; Giti Tire (Chongqing) Company, Ltd..........
Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan) 0.59
Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.........
Anhui Jichi Tire Co., Ltd................................... 4.84
Crown International Corporation............................. 4.84
Hankook Tire China Co., Ltd................................. 4.84
Jiangsu Hankook Tire Co., Ltd............................... 4.84
Koryo International Industrial Limited...................... 4.84
Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial 4.84
Co., Ltd...................................................
Qingdao Sentury Tire Co., Ltd.; Sentury (Hong Kong) Trading 4.84
Co., Limited...............................................
Qingdao Sunfulcess Tyre Co., Ltd............................ 4.84
Qingdao Transamerica Tire Industrial Co., Ltd............... 4.84
Shandong Haohua Tire Co., Ltd............................... 4.84
Shandong Hengyu Science & Technology Co., Ltd............... 4.84
Shandong New Continent Tire Co., Ltd........................ 4.84
Shandong Province Sanli Tire Manufactured Co., Ltd.......... 4.84
Shandong Wanda Boto Tyre Co. Ltd............................ 4.84
Triangle Tyre Co., Ltd...................................... 4.84
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Disclosure
Commerce will disclose calculations performed for these preliminary
results to the parties within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of such case briefs
and written comments at a later date. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\16\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities. Case and rebuttal
briefs should be filed using ACCESS \17\ and must be served on
interested parties.\18\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\19\
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\16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect)'').
\17\ See 19 CFR 351.303 (for general filing requirements).
\18\ See 19 CFR 351.303(f).
\19\ See 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 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, within 30 days of the date of publication of this
notice.\20\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a date
and time to be determined.\21\ Parties should confirm the date, time,
and location of
[[Page 54973]]
the hearing two days before the scheduled date.
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless extended, pursuant
to section 751(a)(3)(A) of the Act.
Verification
On January 10, 2022, the petitioner requested, pursuant to 19 CFR
351.307(b)(1)(v), that Commerce conduct verification of the
questionnaire responses submitted in this administrative review.\22\ As
provided in section 782(i)(1) of the Act, Commerce intends to verify
the information relied upon in making its final determination for Giti.
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\22\ See Petitioner's Letter, ``Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China (A-570-016)-
Petitioner's Verification Request,'' dated January 10, 2022.
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Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\23\ 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).
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\23\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates.\24\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\25\ Where the
respondent did not report entered values, Commerce will calculate
importer/customer-specific assessment rates by dividing the amount of
dumping for reviewed sales to the importer/customer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\26\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\27\
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\24\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\25\ See 19 CFR 351.212(b)(1).
\26\ Id.
\27\ See Final Modification, 77 FR at 8103.
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For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, but
that entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), Commerce will
instruct CBP to liquidate such entries at the China-wide rate of 76.46
percent.\28\ We also intend to liquidate entries containing subject
merchandise exported: (1) by the companies under review that we
determine in the final results to be part of the China-wide entity; and
(2) under the name Tyrechamp Group Co. Ltd., at the China-wide cash
deposit rate of 76.46 percent.
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\28\ For a full discussion of this practice, see NME Assessment
of Duties.
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For the companies receiving a separate rate, we intend to assign an
assessment rate of 4.84 percent, consistent with the methodology
described above. Additionally, if Commerce determines that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's CBP case number will be
liquidated at the rate for the China-wide entity.
Finally, for companies for which we rescinded the review,
antidumping duties shall be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is zero or de minimis, then a cash deposit rate of zero will
be established for that company); (2) for previously investigated or
reviewed Chinese and non-Chinese exporters not listed above that have
separate rates, the cash deposit rate will continue to be equal to the
exporter-specific weighted-average dumping margin published of the most
recently-completed segment of this proceeding; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
China-wide entity, 76.46 percent; and (4) for all exporters of subject
merchandise which are not located in China and which are not eligible
for a separate rate, the cash deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
[[Page 54974]]
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. Kenda Rubber (China) Co., Ltd.
2. Kumho Tire Co., Inc.
3. Qingdao Crowntyre Industries Co., Ltd.
4. Qingdao Odyking Tyre Co., Ltd.
5. Roadclaw Tyre (Hong Kong) Limited
6. Shouguang Firemax Tyre Co., Ltd.
7. Shandong Longyue Rubber Co., Ltd
8. Winrun Tyre Co., Ltd.
[FR Doc. 2022-19339 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
