Certain Passenger Vehicles and Light Truck Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2021, 43548-43549 [2023-14496]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43548-43549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14496]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Certain Passenger Vehicles and Light Truck Tires From the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review and Rescission, in Part; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsides are being provided to producers and exporters 
of certain passenger vehicle and light truck tires (PVLT tires) from 
the People's Republic of China (China) during the period of review 
(POR) of January 1, 2021, through December 31, 2021.

DATES: Applicable July 10, 2023.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3464.

SUPPLEMENTARY INFORMATION: 

Background

    On May 1, 2023, Commerce published the Preliminary Results of this 
administrative review in the Federal Register and invited interested 
parties to comment.\1\ We received no comments from interested parties 
on the Preliminary Results, and we have otherwise made no changes from 
the Preliminary Results. Accordingly, no decision memorandum 
accompanies this Federal Register notice; the Preliminary Results and 
accompanying PDM are hereby adopted in these final results. Commerce 
conducted this administrative review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Preliminary Results of Countervailing 
Duty Administrative Review, Rescission of Administrative Review in 
Part; and Intent To Rescind in Part; 2021, 88 FR 29095 (May 5, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
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Scope of the Order \2\
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    \2\ 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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    The product covered by the Order is PVLT tires from China. For a 
complete description of the scope of the Order, see the appendix to 
this notice.

Rescission of 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.\3\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\4\ 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 countervailing duty assessment rate calculated for the review 
period.\5\
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    \3\ 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).
    \4\ See 19 CFR 351.212(b)(2).
    \5\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, except for the two mandatory 
respondents, the remaining four companies subject to this review did 
not have reviewable entries of subject merchandise.\6\ There is no 
evidence on the record of this segment of the proceeding to indicate 
that these companies had entries, exports, or sales of subject 
merchandise to the United States during the POR. Further, in response 
to the Preliminary Results, no party submitted information to 
contradict the information on the record. Therefore, in accordance with 
19 CFR 351.213(d)(3), we are rescinding the administrative review with 
respect to these four companies.
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    \6\ Companies with no reviewable entries are Qingdao Fullrun 
Tyre Corp., Ltd., Shandong Changfeng Tyres Co., Ltd., Shandong 
Duratti Rubber Corporation Co., Ltd. and Shandong Transtone Tyre 
Co., Ltd.
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Final Results of Review

    For the period January 1, 2021, through December 31, 2021, we 
determine that the following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                            Subsidy rate
                          Company                            (percent ad
                                                              valorem)
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Shandong Province Sanli Tire Manufactured Co., Ltd........        125.50
Zhongce Rubber Group Co., Ltd.............................        125.50
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
of the final results of an administrative review within five days of a 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because we have made no changes from the Preliminary Results, there are 
no calculations to disclose.

Cash Deposit Instructions

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for the companies listed above for 
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. These cash deposit instructions, 
when imposed, shall remain in effect until further notice.

[[Page 43549]]

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, countervailing duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. 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).

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(3) and 
19 CFR 351.221(b)(5).

    Dated: July 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The scope of this Order is passenger vehicle and light truck 
tires. Passenger vehicle and light truck tires are new pneumatic 
tires, of rubber, with a passenger vehicle or light truck size 
designation. Tires covered by this Order may be tube-type, tubeless, 
radial, or non-radial, and they may be intended for sale to original 
equipment manufacturers or the replacement market.
    Subject tires have, at the time of importation, the symbol 
``DOT'' on the sidewall, certifying that the tire conforms to 
applicable motor vehicle safety standards. Subject tires may also 
have the following prefixes or suffix in their tire size 
designation, which also appears on the sidewall of the tire:
    Prefix designations:

P--Identifies a tire intended primarily for service on passenger 
cars
LT--Identifies a tire intended primarily for service on light trucks

    Suffix letter designations:
    LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal 
highway service.
    All tires with a ``P'' or ``LT'' prefix, and all tires with an 
``LT'' suffix in their sidewall markings are covered by this 
investigation regardless of their intended use.
    In addition, all tires that lack a ``P'' or ``LT'' prefix or 
suffix in their sidewall markings, as well as all tires that include 
any other prefix or suffix in their sidewall markings, are included 
in the scope, regardless of their intended use, as long as the tire 
is of a size that is among the numerical size designations listed in 
the passenger car section or light truck section of the Tire and Rim 
Association Year Book, as updated annually, unless the tire falls 
within one of the specific exclusions set out below.
    Passenger vehicle and light truck tires, whether or not attached 
to wheels or rims, are included in the scope. However, if a subject 
tire is imported attached to a wheel or rim, only the tire is 
covered by the scope.
    Specifically excluded from the scope are the following types of 
tires:
    (1) racing car tires; such tires do not bear the symbol ``DOT'' 
on the sidewall and may be marked with ``ZR'' in size designation;
    (2) new pneumatic tires, of rubber, of a size that is not listed 
in the passenger car section or light truck section of the Tire and 
Rim Association Year Book;
    (3) pneumatic tires, of rubber, that are not new, including 
recycled and retreaded tires;
    (4) non-pneumatic tires, such as solid rubber tires;
    (5) tires designed and marketed exclusively as temporary use 
spare tires for passenger vehicles which, in addition, exhibit each 
of the following physical characteristics:
    (a) the size designation and load index combination molded on 
the tire's sidewall are listed in Table PCT-1B (``T'' Type Spare 
Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim 
Association Year Book,
    (b) the designation ``T'' is molded into the tire's sidewall as 
part of the size designation, and,
    (c) the tire's speed rating is molded on the sidewall, 
indicating the rated speed in MPH or a letter rating as listed by 
Tire and Rim Association Year Book, and the rated speed is 81 MPH or 
a ``M'' rating;
    (6) tires designed and marketed exclusively for specialty tire 
(ST) use which, in addition, exhibit each of the following 
conditions:
    (a) the size designation molded on the tire's sidewall is listed 
in the ST sections of the Tire and Rim Association Year Book,
    (b) the designation ``ST'' is molded into the tire's sidewall as 
part of the size designation,
    (c) the tire incorporates a warning, prominently molded on the 
sidewall, that the tire is ``For Trailer Service Only'' or ``For 
Trailer Use Only,''
    (d) the load index molded on the tire's sidewall meets or 
exceeds those load indexes listed in the Tire and Rim Association 
Year Book for the relevant ST tire size, and
    (e) either
    (i) the tire's speed rating is molded on the sidewall, 
indicating the rated speed in MPH or a letter rating as listed by 
Tire and Rim Association Year Book, and the rated speed does not 
exceed 81 MPH or an ``M'' rating; or
    (ii) the tire's speed rating molded on the sidewall is 87 MPH or 
an ``N'' rating, and in either case the tire's maximum pressure and 
maximum load limit are molded on the sidewall and either
    (1) both exceed the maximum pressure and maximum load limit for 
any tire of the same size designation in either the passenger car or 
light truck section of the Tire and Rim Association Year Book; or
    (2) if the maximum cold inflation pressure molded on the tire is 
less than any cold inflation pressure listed for that size 
designation in either the passenger car or light truck section of 
the Tire and Rim Association Year Book, the maximum load limit 
molded on the tire is higher than the maximum load limit listed at 
that cold inflation pressure for that size designation in either the 
passenger car or light truck section of the Tire and Rim Association 
Year Book;
    (7) tires designed and marketed exclusively for off-road use and 
which, in addition, exhibit each of the following physical 
characteristics:
    (a) the size designation and load index combination molded on 
the tire's sidewall are listed in the off-the-road, agricultural, 
industrial or ATV section of the Tire and Rim Association Year Book,
    (b) in addition to any size designation markings, the tire 
incorporates a warning, prominently molded on the sidewall, that the 
tire is ``Not For Highway Service'' or ``Not for Highway Use,''
    (c) the tire's speed rating is molded on the sidewall, 
indicating the rated speed in MPH or a letter rating as listed by 
the Tire and Rim Association Year Book, and the rated speed does not 
exceed 55 MPH or a ``G'' rating, and
    (d) the tire features a recognizable off-road tread design.
    The products covered by this Order are currently classified 
under the following Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the 
scope description may also enter under the following HTSUS 
subheadings: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 
4011.99.85.50, 8708.70.45.30, 8708.70.45.45, 8708.70.45.46, 
8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 
8708.70.60.60. While HTSUS subheadings are provided for convenience 
and for customs purposes, the written description of the subject 
merchandise is dispositive.

[FR Doc. 2023-14496 Filed 7-7-23; 8:45 am]
BILLING CODE 3510-DS-P