Passenger Vehicle and Light Truck Tires From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 51296-51298 [2023-16595]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51296-51298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16595]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-908]


Passenger Vehicle and Light Truck Tires From the Republic of 
Korea: 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) preliminary 
determines that Hankook Tire Mfg Co. Ltd. (Hankook) and Nexen Tire 
Corporation (Nexen) made sales of passenger vehicle and light truck 
tires (passenger tires) from the Republic of Korea (Korea) at prices 
below normal value (NV) during the period of review (POR), January 6, 
2021, through June 30, 2022. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable August 3, 2023.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo and Jun Jack Zhao, 
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) 482-3797 
and (202) 482-1396, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 19, 2021, Commerce published in the Federal Register the 
antidumping duty order on passenger tires from Korea.\1\ On July 1, 
2022, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the

[[Page 51297]]

Order.\2\ On September 6, 2022, based on timely requests for review and 
in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order.\3\ Pursuant to section 751(a)(3)(A) 
of the Tariff Act of 1930, as amended (the Act), Commerce extended the 
deadline for the preliminary results until July 28, 2023.\4\
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    \1\ 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).
    \2\ 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).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 87 FR 54463 (September 6, 2022).
    \4\ See Memoranda, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 29, 
2023; and ``Second Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated June 5, 2023.
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    For a complete 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 the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Administrative Review of the Antidumping Duty Order on 
Passenger Vehicle and Light Truck Tires from the Republic of Korea; 
2021-2022'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the Order are passenger tires from Korea. 
The products covered by this Order are currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4011.10.1010, 4011.10.1020, 4011.10.1030, 4011.10.1040, 
4011.10.1050, 4011.10.1060, 4011.10.1070, 4011.10.5000, 4011.20.1005, 
and 4011.20.5010. Tires meeting the scope description may also enter 
under the following HTSUS subheadings: 4011.90.1010, 4011.90.1050, 
4011.90.2010, 4011.90.2050, 4011.90.8010, 4011.90.8050, 8708.70.4530, 
8708.70.4546, 8708.70.4548, 8708.70.4560, 8708.70.6030, 8708.70.6045, 
and 8708.70.6060. While HTSUS subheadings are provided for convenience 
and for customs purposes, the written description of the subject 
merchandise is dispositive. For a full description of the scope of the 
Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. NV 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.

Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be determined for 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 determining the 
weighted-average dumping margin for companies which were not selected 
for individual examination in an administrative review.
    Section 735(c)(5)(A) of the Act provides that Commerce will base 
the all-others rate on the weighted average of the estimated weighted-
average dumping margins calculated for the individually examined 
respondents, excluding rates that are zero, de minimis, or based 
entirely on facts available. Where the estimated weighted-average 
dumping margin for each of the individually examined companies is 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.''
    In this review, the preliminary weighted-average dumping margins 
for Hankook and Nexen are not zero, de minimis, or based entirely on 
facts otherwise available. Therefore, we have preliminarily assigned a 
weighted-average dumping margin to the non-examined company, Kumho Tire 
Co., Inc., that is equal to the weighted average of the weighted-
average dumping margins calculated for Hankook and Nexen, consistent 
with the guidance in section 735(c)(5)(A) of the Act.\6\
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    \6\ See Memorandum, ``Preliminary Results of the Antidumping 
Duty Administrative Review of Passenger Vehicles and Light Truck 
Tires from the Republic of Korea: Rate for Non-Examined Companies,'' 
dated concurrently with this notice.
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Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margins exists for the period 
January 6, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hankook Tire Mfg Co. Ltd....................................       19.45
Nexen Tire Corporation......................................        4.23
Kumho Tire Co., Inc.........................................       12.61
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties under administrative 
protective order within five days after the date of public announcement 
of the preliminary results, or within five days after the publication 
of the preliminary results in the Federal Register.\7\
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    \7\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. 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\ Interested 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\ Executive summaries should be limited to five 
pages total, including footnotes.
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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; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \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 within 30 days after the date 
of publication of this notice. 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 to be

[[Page 51298]]

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.
    All briefs and hearing requests must be filed electronically using 
ACCESS \10\ and must be served on interested parties.\11\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5 p.m. Eastern Time. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\12\
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    \10\ See 19 CFR 351.303.
    \11\ See 19 CFR 351.303(f).
    \12\ See Temporary Rule.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce intends to determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by 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).
    For an individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 
percent), Commerce intends to calculate importer-specific antidumping 
duty 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.\13\ 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. 
Where either a respondent's weighted average dumping margin is zero or 
de minimis, or an importer-specific assessment rate is zero or de 
minimis, we intend to instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ 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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    For entries of subject merchandise during the POR produced by each 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.\15\
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    \15\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For a company which was not selected for individual examination, we 
intend to assign an antidumping duty assessment rate equal to the 
weighted-average dumping margin determined for the non-examined company 
in the final results of review. The final results of this review shall 
be the basis for the assessment of antidumping duties on entries of 
merchandise covered by this review, and for future cash deposits of 
estimated antidumping duties, where applicable.\16\
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    \16\ See section 751(a)(2)(C) of the Act.
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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 in the Federal Register, as 
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit 
rate for the exporters listed above will be the rate established in the 
final results of this review (except, if the rate is zero or de 
minimis, then no cash deposit will be required); (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the less-than-fair value investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 21.74 percent, the all-
others rate established in the less-than-fair value investigation.\17\
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    \17\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also 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)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: July 28, 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. 2023-16595 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P