Passenger Vehicle and Light Truck Tires From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 48435-48437 [2023-15855]
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
review, or the underlying investigation,
but the producer is, then the cash
deposit rate will be the rate established
for the most recent segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers and exporters will continue
to be 8.31 percent, the all-others rate
established in the LTFV investigation
(as amended).19 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
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 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 351.221(b)(4).
Dated: July 20, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–15949 Filed 7–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
ddrumheller on DSK120RN23PROD with NOTICES1
[A–549–842]
Passenger Vehicle and Light Truck
Tires From Thailand: Preliminary
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
19 See Order, as amended by Timken and
Amended Final Results.
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
The U.S. Department of
Commerce (Commerce) preliminarily
determines that passenger vehicle and
light truck tires (PVLT) from Thailand
were sold in the United States at less
than normal value during the period of
review (POR) January 6, 2021, through
June 30, 2022. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable July 26, 2023.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jacob Saude, 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) 482–2371 or (202) 482–0981,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On July 1, 2022, Commerce published
in the Federal Register a notice of
opportunity 1 to request an
administrative review of the
antidumping duty order on PVLT from
Thailand.2 On September 6, 2022, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice of initiation of an administrative
review of the Order.3 On March 24,
2023, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.213(h)(2), Commerce extended the
due date for the preliminary results
until July 20, 2023.4
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of the
topics included in the Preliminary
Decision Memorandum is included as
Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 39461 (July 1, 2022).
2 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, and Thailand:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022). See also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2,
2023).
4 See Memorandum, ‘‘Passenger Vehicle and
Light Truck Tires from Thailand: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated March 24,
2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on
Passenger Vehicle and Light Truck Tires from
Thailand; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
1 See
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Fmt 4703
Sfmt 4703
48435
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 PVLT from Thailand. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Act. Export price is
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margins exist for the period January 6,
2021, through June 30, 2022:
Producer/exporter
Sentury Tire (Thailand) Co., Ltd
Sumitomo Rubber (Thailand)
Co., Ltd ...................................
Non-Examined Companies 6 ......
Weightedaverage
dumping
margin
(percent)
1.24
6.16
4.52
Rate for Companies Not Individually
Examined
The Act and Commerce’s regulations
do not address the establishment of a
weighted-average dumping margin 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 lessthan-fair-value investigation, for
guidance when calculating the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
6 See
E:\FR\FM\27JYN1.SGM
Appendix II for a list of these companies.
27JYN1
48436
Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually examined, excluding rates
that are zero, de minimis (i.e., less than
0.50 percent), or determined entirely on
the basis of facts available.
Where the dumping margin for
individually examined respondents are
all zero, de minimis, or 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.’’
Because Commerce preliminarily
calculated weighted-average dumping
margins for Sentury Tire (Thailand) Co.,
Ltd. (Sentury) and Sumitomo Rubber
(Thailand) Co., Ltd. (SRT) that are not
zero or de minimis, or based entirely on
facts available, we have preliminarily
assigned the companies that were not
selecting for individual examination, a
weighted-average dumping margin
equal to the weighted average of the
estimated weighted-average dumping
margins calculated for Sentury and SRT,
weighted by the mandatory
respondents’ publicly ranged total sales
values, consistent with guidance in
section 735(c)(5)(A) of the Act.7 The
companies not selected for individual
examination are listed in Appendix II.
ddrumheller on DSK120RN23PROD with NOTICES1
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon in determining
the final results of review.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results of review to
interested parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
to Commerce no later than seven days
after the date on which the last
verification report is issued in this
administrative review. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than seven
days after the date for filing case briefs.8
7 See Memorandum, ‘‘Calculation of the Rate for
Non-Examined Companies for the Preliminary
Results,’’ dated concurrently with this notice.
8 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
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.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; (3) whether any participant
is a foreign national; and (4) a list of
issues the party intends to discuss.
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.10
All submissions should be filed using
ACCESS,11 and must be served on
interested parties.12 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.13 Parties are reminded that all
briefs and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this administrative review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Requirements Due to COVID–19, 85 FR 17006,
17007 (March 26, 2020).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.303.
12 See 19 CFR 351.303(f).
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
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).
If Sentury or SRT’s weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in
the final results of this review,
Commerce intends to calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for each
importer’s examined sales to the total
entered value of those sales. Where we
do not have entered values for all U.S.
sales to a particular importer, we will
calculate an importer-specific, per-unit
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total quantity of those
sales.14 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If Sentury or SRT’s
weighted-average dumping margin is
zero or de minimis or where an
importer-specific ad valorem
assessment rate is zero or de minimis,
we will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.15
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Sentury or SRT
for which it did not know that the
merchandise was destined for the
United States, we intend to instruct CBP
to liquidate those entries at the allothers rate in the original less-than-fairvalue investigation if there is no rate for
the intermediate company(ies) involved
in the transaction.16
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
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, as provided for
by section 751(a)(2)(C) of the Act: (1) the
14 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
16 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See
E:\FR\FM\27JYN1.SGM
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if that rate is de minimis
within the meaning of 19 CFR
351.106(c)(1), then the cash deposit rate
will be zero); (2) for producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review or a prior segment of the
proceeding but the producer is, then the
cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 17.06 percent, the all-others rate
established in the less-than-fair-value
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(2) and
351.221(b)(4).
Dated: July 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
17 See
Order, 86 FR at 38012.
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
Appendix II
List of Companies Not Selected for
Individual Examination
1. Deestone Corporation Ltd./Deestone
Corporation Public Company Limited
2. General Rubber (Thailand) Co., Ltd.
3. LLIT (Thailand) Co., Ltd.
4. Maxxis International (Thailand) Co., Ltd.
5. Otani Radial Company Limited
6. Prinx Chengshan Tire (Thailand) Co., Ltd.
7. Sanpo (Thailand) Co., Ltd.
8. Zhongce Rubber (Thailand) Co., Ltd.
[FR Doc. 2023–15855 Filed 7–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–894]
Forged Steel Fluid End Blocks From
India: Final Results of Countervailing
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to Bharat Forge Limited (Bharat Forge),
a producer and exporter of forged steel
fluid end blocks (fluid end blocks) from
India during the period of review (POR),
May 26, 2020, through December 31,
2021.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski, 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) 482–1395
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 7, 2023, Commerce
published the preliminary results of this
administrative review in the Federal
Register.1 This review covers one
mandatory respondent, Bharat Forge.
From April 3 through April 7, 2023, we
conducted an onsite verification of
Bharat Forge’s questionnaire responses.
On April 25, 2023, we released the
verification report and invited
interested parties to comment on the
Preliminary Results.2 Between May 8
1 See Forged Steel Fluid End Blocks from India:
Preliminary Results of Countervailing Duty
Administrative Review; 2020–2021, 88 FR 7943
(March 3, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Verification of the
Questionnaire Responses of Bharat Forge Limited,’’
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
48437
and 12, 2023, Bharat Forge, the
Government of India (GOI), and the
petitioners 3 submitted timely-filed case
briefs.4 On May 19, Bharat Forge and
the petitioners each submitted timelyfiled rebuttal briefs.5 On June 5, 2023,
Commerce extended the deadline for the
final results of this administrative
review to July 20, 2023.6 For a complete
description of the events that occurred
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.7
Scope of the Order 8
The products covered by the scope of
the Order are fluid end blocks. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by the interested
parties in their case and rebuttal briefs
are addressed in the Issues and Decision
Memorandum and are listed in the
appendix to this notice. 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.
Changes Since the Preliminary Results
Based on our analysis of comments
from interested parties and the evidence
on the record, we revised the
dated April 25, 2023; see also Memorandum,
‘‘Briefing Schedule,’’ dated May 1, 2023.
3 The petitioners are Ellwood City Forge
Company, Ellwood Quality Steels Company,
Ellwood National Steel Company, and A. Finkl &
Sons.
4 See Bharat Forge’s Letter, ‘‘Case brief,’’ dated
May 12, 2023; GOI’s Letter, ‘‘Case Brief,’’ dated May
8, 2022; and Petitioners’ Letter, ‘‘Case Brief,’’ dated
May 12, 2023.
5 See Bharat Forge’s Letter, ‘‘Rebuttal Brief,’’
dated May 19, 2023; and Petitioners’ Letter,
‘‘Rebuttal Brief,’’ dated May 19, 2023.
6 See Memorandum, ‘‘Extension of Deadline,’’
dated June 5, 2023.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Forged Steel Fluid End Blocks from India; 2020–
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
8 See Forged Steel Fluid End Blocks from the
People’s Republic of China, the Federal Republic of
Germany, India, and Italy: Countervailing Duty
Orders, and Amended Final Affirmative
Countervailing Duty Determination for the People’s
Republic of China, 86 FR 7535 (January 29, 2021)
(Order).
E:\FR\FM\27JYN1.SGM
27JYN1
]]>Agencies
[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48435-48437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15855]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-842]
Passenger Vehicle and Light Truck Tires From Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that passenger vehicle and light truck tires (PVLT) from
Thailand were sold in the United States at less than normal value
during the period of review (POR) January 6, 2021, through June 30,
2022. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable July 26, 2023.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, 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) 482-2371 or (202) 482-0981,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2022, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the
antidumping duty order on PVLT from Thailand.\2\ On September 6, 2022,
in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice
of initiation of an administrative review of the Order.\3\ On March 24,
2023, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.213(h)(2), Commerce extended
the due date for the preliminary results until July 20, 2023.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 39461 (July 1,
2022).
\2\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and
Amended Final Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022). See also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 7060 (February 2, 2023).
\4\ See Memorandum, ``Passenger Vehicle and Light Truck Tires
from Thailand: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated March 24, 2023.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics included in the Preliminary Decision Memorandum is
included as 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Passenger Vehicle and Light Truck Tires from Thailand; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are PVLT from Thailand. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period January 6, 2021, through June 30, 2022:
---------------------------------------------------------------------------
\6\ See Appendix II for a list of these companies.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Sentury Tire (Thailand) Co., Ltd............................ 1.24
Sumitomo Rubber (Thailand) Co., Ltd......................... 6.16
Non-Examined Companies \6\.................................. 4.52
------------------------------------------------------------------------
Rate for Companies Not Individually Examined
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value investigation, for guidance when calculating the
weighted-average dumping margin for companies which were not selected
for individual examination in an
[[Page 48436]]
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually examined, excluding rates that are zero, de
minimis (i.e., less than 0.50 percent), or determined entirely on the
basis of facts available.
Where the dumping margin for individually examined respondents are
all zero, de minimis, or 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.''
Because Commerce preliminarily calculated weighted-average dumping
margins for Sentury Tire (Thailand) Co., Ltd. (Sentury) and Sumitomo
Rubber (Thailand) Co., Ltd. (SRT) that are not zero or de minimis, or
based entirely on facts available, we have preliminarily assigned the
companies that were not selecting for individual examination, a
weighted-average dumping margin equal to the weighted average of the
estimated weighted-average dumping margins calculated for Sentury and
SRT, weighted by the mandatory respondents' publicly ranged total sales
values, consistent with guidance in section 735(c)(5)(A) of the Act.\7\
The companies not selected for individual examination are listed in
Appendix II.
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\7\ See Memorandum, ``Calculation of the Rate for Non-Examined
Companies for the Preliminary Results,'' dated concurrently with
this notice.
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in determining the final results of
review.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs to Commerce no
later than seven days after the date on which the last verification
report is issued in this administrative review. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the date for filing case briefs.\8\ 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.\9\
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\8\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; (3) whether any
participant is a foreign national; and (4) a list of issues the party
intends to discuss. 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.\10\
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\10\ See 19 CFR 351.310(c).
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All submissions should be filed using ACCESS,\11\ and must be
served on interested parties.\12\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\13\ Parties are
reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
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\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ 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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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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).
If Sentury or SRT's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\14\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If Sentury or SRT's weighted-
average dumping margin is zero or de minimis or where an importer-
specific ad valorem assessment rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Sentury
or SRT for which it did not know that the merchandise was destined for
the United States, we intend to instruct CBP to liquidate those entries
at the all-others rate in the original less-than-fair-value
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\16\
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\16\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
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, as provided for by section
751(a)(2)(C) of the Act: (1) the
[[Page 48437]]
cash deposit rate for the companies listed above will be equal to the
weighted-average dumping margin established in the final results of
this review (except, if that rate is de minimis within the meaning of
19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (2) for
producers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment of this proceeding in which they were reviewed; (3) if the
exporter is not a firm covered in this review or a prior segment of the
proceeding but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
17.06 percent, the all-others rate established in the less-than-fair-
value investigation.\17\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\17\ See Order, 86 FR at 38012.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: July 20, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Deestone Corporation Ltd./Deestone Corporation Public Company
Limited
2. General Rubber (Thailand) Co., Ltd.
3. LLIT (Thailand) Co., Ltd.
4. Maxxis International (Thailand) Co., Ltd.
5. Otani Radial Company Limited
6. Prinx Chengshan Tire (Thailand) Co., Ltd.
7. Sanpo (Thailand) Co., Ltd.
8. Zhongce Rubber (Thailand) Co., Ltd.
[FR Doc. 2023-15855 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
