Passenger Vehicle and Light Truck Tires From Thailand: Final Results of Antidumping Duty Administrative Review; 2021-2022, 5488-5490 [2024-01715]
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ddrumheller on DSK120RN23PROD with NOTICES1
5488
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices
falls on a non-business day, the next
business day will be considered the
‘‘updated’’ 30th day, and if the
application is not rejected or a scope
inquiry initiated by or on that particular
business day, the application will be
deemed accepted and a scope inquiry
will be deemed initiated on the next
business day which follows the
‘‘updated’’ 30th day.6
In accordance with 19 CFR
351.225(m)(2), if there are companion
AD and CVD orders covering the same
merchandise from the same country of
origin, the scope inquiry will be
conducted on the record of the AD
proceeding. Further, please note that
pursuant to 19 CFR 351.225(m)(1),
Commerce may either apply a scope
ruling to all products from the same
country with the same relevant physical
characteristics (including chemical,
dimensional, and technical
characteristics) as the product at issue,
on a country-wide basis, regardless of
the producer, exporter, or importer of
those products, or on a companyspecific basis.
For further information on procedures
for filing information with Commerce
through ACCESS and participating in
scope inquiries, please refer to the
Filing Instructions section of the Scope
Ruling Application Guide, at https://
access.trade.gov/help/Scope_Ruling_
Guidance.pdf. Interested parties, apart
from the scope ruling applicant, who
wish to participate in a scope inquiry
and be added to the public service list
for that segment of the proceeding must
file an entry of appearance in
accordance with 19 CFR 351.103(d)(1)
and 19 CFR 351.225(n)(4). Interested
parties are advised to refer to the case
segment in ACCESS as well as 19 CFR
351.225(f) for further information on the
scope inquiry procedures, including the
timelines for the submission of
comments.
Please note that this notice of scope
ruling applications filed in AD and CVD
proceedings may be published before
any potential initiation, or after the
initiation, of a given scope inquiry
based on a scope ruling application
identified in this notice. Therefore,
please refer to the case segment on
ACCESS to determine whether a scope
ruling application has been accepted or
rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be
served scope ruling applications for a
particular AD or CVD order may file a
6 This structure maintains the intent of the
applicable regulation, 19 CFR 351.225(d)(1), to
allow day 30 and day 31 to be separate business
days.
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18:33 Jan 26, 2024
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request to be included on the annual
inquiry service list during the
anniversary month of the publication of
the AD or CVD order in accordance with
19 CFR 351.225(n) and Commerce’s
procedures.7
Interested parties are invited to
comment on the completeness of this
monthly list of scope ruling applications
received by Commerce. Any comments
should be submitted to James Maeder,
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
This notice of scope ruling
applications filed in AD and CVD
proceedings is published in accordance
with 19 CFR 351.225(d)(3).
Dated: January 23, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–01664 Filed 1–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2023, Commerce
published the preliminary results of the
2021–2022 administrative review of the
antidumping duty order on passenger
vehicle and light truck tires (passenger
tires) from Thailand.1 We invited
interested parties to comment on the
Preliminary Results.2 On November 8,
2023, Commerce extended the deadline
for the final results of this
administrative review until January 23,
2024.3
For a summary of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.4 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 5
The merchandise subject to this Order
are passenger tires from Thailand. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
International Trade Administration
[A–549–842]
Passenger Vehicle and Light Truck
Tires From Thailand: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Sentury Tire (Thailand) Co., Ltd.
(Sentury) and Sumitomo Rubber
(Thailand) Co., Ltd. (SRT) made sales of
subject merchandise in the United
States at prices below normal value
(NV) during the period of review (POR)
January 6, 2021, through June 30, 2022.
Commerce further determines that sales
of subject merchandise made by the
non-individually examined companies
were at prices below NV.
DATES: Applicable January 29, 2024.
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.
AGENCY:
7 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021).
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We addressed all issues raised in the
case and rebuttal briefs filed in this
administrative review in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is included 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.
1 See Passenger Vehicle and Light Truck Tires
from Thailand: Preliminary Results of Antidumping
Duty Administrative Review; 2021–2022, 88 FR
48435 (July 27, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 Id., 88 FR at 48436.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated November 8, 2023.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Administrative Review of the Antidumping
Duty Order on Passenger Vehicle and Light Truck
Tires from Thailand,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 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).
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Changes Since the Preliminary Results
Based on an analysis of the comments
received, we have made no changes to
the Preliminary Results.
Rates for Non-Examined Respondents
The statute 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 an investigation, for
guidance when determining the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely on the
basis of facts available.
In this review, we calculated
weighted-average dumping margins of
1.24 percent and 6.16 percent for
Sentury and SRT, respectively. With
two respondents under individual
examination, Commerce normally
calculates: (A) a weighted average of the
estimated dumping rates calculated for
the examined respondents; (B) a simple
5489
average of the estimated dumping rates
calculated for the examined
respondents; and (C) a weighted average
of the estimated dumping rates
calculated for the examined respondents
using each company’s publicly-ranged
U.S. sales values for the merchandise
under consideration. Commerce then
compares (B) and (C) to (A) and selects
the rates closest to (A) as the most
appropriate rate for all other producers
and exporters.6 As a result of this
comparison, we assigned a dumping
margin of 4.52 percent to the nonexamined companies.7
Final Results of Review
We determine the following weightedaverage dumping margins for the period
January 6, 2021, through June 30, 2022.
Weight-average
dumping margin
(percent)
Exporter/producer
Sentury Tire (Thailand) Co., Ltd ......................................................................................................................................................
Sumitomo Rubber (Thailand) Co., Ltd ............................................................................................................................................
1.24
6.16
Review-Specific Average Rate Applicable to the Following Companies
Deestone Corporation Ltd./Deestone Corporation Public Company Limited ..................................................................................
General Rubber (Thailand) Co., Ltd ................................................................................................................................................
LLIT (Thailand) Co., Ltd ..................................................................................................................................................................
Maxxis International (Thailand) Co., Ltd .........................................................................................................................................
Otani Radial Company Limited ........................................................................................................................................................
Prinx Chengshan Tire (Thailand) Co., Ltd ......................................................................................................................................
Sanpo (Thailand) Co., Ltd ...............................................................................................................................................................
Zhongce Rubber (Thailand) Co., Ltd ...............................................................................................................................................
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.8
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure
Because we made no changes to the
calculations performed in connection
with the Preliminary Results, there are
no new calculations to disclose, in
accordance with 19 CFR 351.224(b), for
these final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
6 See, e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661 (September 1, 2020).
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18:33 Jan 26, 2024
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4.52
4.52
4.52
4.52
4.52
4.52
4.52
4.52
merchandise in accordance with the
final results of this review. As Sentury’s
and SRT’s weighted-average dumping
margins are not zero or de minimis (i.e.,
less than 0.50 percent), for these final
results, Commerce has calculated
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.9
To determine whether an importerspecific, 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 Sentury’s and SRT’s weightedaverage dumping margin is zero or de
minimis, or 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.10
For entries of subject merchandise
during the POR produced by either
Sentury or SRT for which it did not
know that the merchandise it sold to the
intermediary (e.g., reseller, trading
company, or exporter) was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate (i.e., 17.06 percent) 11 if there is no
rate for the intermediate company(ies)
involved in the transaction.12
7 See Memorandum, ‘‘Calculation of the Rate for
Non-Examined Companies for the Preliminary
Results,’’ dated July 30, 2023.
8 See section 751(a)(2)(C) of the Act.
9 See 19 CFR 351.212(b)(1).
10 See 19 CFR 352.106(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).
11 See Order, 86 FR at 38012.
12 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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For the companies that were not
selected for individual review, we will
assign an assessment rate based on the
review-specific average rate, calculated
as noted in the ‘‘Rate for Non-Examined
Respondents’’ section above.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results 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), which
continues to govern business
proprietary information in this segment
of the proceeding. 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
violation subject to sanction.
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 by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the reviewed
companies will be equal to the
weighted-average dumping margin
established in the final results of this
review; (2) for producers or exporters
not covered in this review but covered
in a prior completed segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published in the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the rate established in the most
recently completed segment for the
producer of the merchandise; (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 LTFV investigation in this
proceeding.13 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Notification to Importers
This notice serves as a final 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 POR. 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.
13 See
Order.
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18:33 Jan 26, 2024
Jkt 262001
Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: The Cohen’s d Test
Comment 2: Whether To Rely on SRT Data
To Calculate Sentury’s Constructed
Value (CV) Profit and Indirect Selling
Expenses (ISE)
Comment 3: Whether To Revise Sentury
Tire USA Inc.’s (Sentury USA) Inventory
Carrying Costs (ICC) Calculation
Comment 4: Whether USWAREH1U
Expense Is Included in the Calculation of
Adjusted U.S. Prices for SRT
Comment 5: Whether To Grant SRT a
Constructed Export Price (CEP) Offset
V. Recommendation
[FR Doc. 2024–01715 Filed 1–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India: Final
Results of Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
AGENCY:
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Fmt 4703
Sfmt 4703
to Jindal Poly Films Limited (Jindal), a
producer and exporter of polyethylene
terephthalate film, sheet, and strip (PET
Film) from India, during the period of
review (POR) January 1, 2021, through
December 31, 2021.
DATES: Applicable January 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Stefan Smith, 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) 482–4342.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2023, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 This review covers
one mandatory respondent, Jindal. For a
complete description of events that
occurred subsequent to the Preliminary
Results, see the Issues and Decision
Memorandum.2
Scope of the Order
The merchandise covered by the
scope of the order is PET film. 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. A list of topics discussed
in the Issues and Decision
Memorandum is provided 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
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from India: Preliminary Results of
Countervailing Duty Administrative Review; 2020–
2021, 88 FR 50834 (August 2, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memo (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Countervailing Duty
Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip; 2021,’’ dated
concurrently with this memorandum (Issues and
Decision Memorandum).
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Agencies
[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5488-5490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01715]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-842]
Passenger Vehicle and Light Truck Tires From Thailand: Final
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) determines that
Sentury Tire (Thailand) Co., Ltd. (Sentury) and Sumitomo Rubber
(Thailand) Co., Ltd. (SRT) made sales of subject merchandise in the
United States at prices below normal value (NV) during the period of
review (POR) January 6, 2021, through June 30, 2022. Commerce further
determines that sales of subject merchandise made by the non-
individually examined companies were at prices below NV.
DATES: Applicable January 29, 2024.
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 27, 2023, Commerce published the preliminary results of the
2021-2022 administrative review of the antidumping duty order on
passenger vehicle and light truck tires (passenger tires) from
Thailand.\1\ We invited interested parties to comment on the
Preliminary Results.\2\ On November 8, 2023, Commerce extended the
deadline for the final results of this administrative review until
January 23, 2024.\3\
---------------------------------------------------------------------------
\1\ See Passenger Vehicle and Light Truck Tires from Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 48435 (July 27, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ Id., 88 FR at 48436.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 8, 2023.
---------------------------------------------------------------------------
For a summary of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
---------------------------------------------------------------------------
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Passenger Vehicle and Light Truck Tires
from Thailand,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
The merchandise subject to this Order are passenger tires from
Thailand. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed in this administrative review in the Issues and Decision
Memorandum. A list of the issues addressed in the Issues and Decision
Memorandum is included 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.
[[Page 5489]]
Changes Since the Preliminary Results
Based on an analysis of the comments received, we have made no
changes to the Preliminary Results.
Rates for Non-Examined Respondents
The statute 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 an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely on the basis of facts available.
In this review, we calculated weighted-average dumping margins of
1.24 percent and 6.16 percent for Sentury and SRT, respectively. With
two respondents under individual examination, Commerce normally
calculates: (A) a weighted average of the estimated dumping rates
calculated for the examined respondents; (B) a simple average of the
estimated dumping rates calculated for the examined respondents; and
(C) a weighted average of the estimated dumping rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rates closest to (A) as the
most appropriate rate for all other producers and exporters.\6\ As a
result of this comparison, we assigned a dumping margin of 4.52 percent
to the non-examined companies.\7\
---------------------------------------------------------------------------
\6\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661 (September 1, 2020).
\7\ See Memorandum, ``Calculation of the Rate for Non-Examined
Companies for the Preliminary Results,'' dated July 30, 2023.
---------------------------------------------------------------------------
Final Results of Review
We determine the following weighted-average dumping margins for the
period January 6, 2021, through June 30, 2022.
------------------------------------------------------------------------
Weight-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Sentury Tire (Thailand) Co., Ltd...................... 1.24
Sumitomo Rubber (Thailand) Co., Ltd................... 6.16
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Deestone Corporation Ltd./Deestone Corporation Public 4.52
Company Limited......................................
General Rubber (Thailand) Co., Ltd.................... 4.52
LLIT (Thailand) Co., Ltd.............................. 4.52
Maxxis International (Thailand) Co., Ltd.............. 4.52
Otani Radial Company Limited.......................... 4.52
Prinx Chengshan Tire (Thailand) Co., Ltd.............. 4.52
Sanpo (Thailand) Co., Ltd............................. 4.52
Zhongce Rubber (Thailand) Co., Ltd.................... 4.52
------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\8\
---------------------------------------------------------------------------
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Disclosure
Because we made no changes to the calculations performed in
connection with the Preliminary Results, there are no new calculations
to disclose, in accordance with 19 CFR 351.224(b), for these final
results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, 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. As Sentury's and SRT's weighted-average dumping margins
are not zero or de minimis (i.e., less than 0.50 percent), for these
final results, Commerce has calculated 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.\9\ 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 Sentury's and
SRT's weighted-average dumping margin is zero or de minimis, or 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.\10\
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\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 352.106(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
either Sentury or SRT for which it did not know that the merchandise it
sold to the intermediary (e.g., reseller, trading company, or exporter)
was destined for the United States, we will instruct CBP to liquidate
such entries at the all-others rate (i.e., 17.06 percent) \11\ if there
is no rate for the intermediate company(ies) involved in the
transaction.\12\
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\11\ See Order, 86 FR at 38012.
\12\ 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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[[Page 5490]]
For the companies that were not selected for individual review, we
will assign an assessment rate based on the review-specific average
rate, calculated as noted in the ``Rate for Non-Examined Respondents''
section above.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results 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).
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 by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed
companies will be equal to the weighted-average dumping margin
established in the final results of this review; (2) for producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the most recently completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established in the most recently completed segment for the
producer of the merchandise; (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 LTFV investigation in this
proceeding.\13\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\13\ See Order.
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Notification to Importers
This notice serves as a final 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 POR. 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.
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), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: The Cohen's d Test
Comment 2: Whether To Rely on SRT Data To Calculate Sentury's
Constructed Value (CV) Profit and Indirect Selling Expenses (ISE)
Comment 3: Whether To Revise Sentury Tire USA Inc.'s (Sentury
USA) Inventory Carrying Costs (ICC) Calculation
Comment 4: Whether USWAREH1U Expense Is Included in the
Calculation of Adjusted U.S. Prices for SRT
Comment 5: Whether To Grant SRT a Constructed Export Price (CEP)
Offset
V. Recommendation
[FR Doc. 2024-01715 Filed 1-26-24; 8:45 am]
BILLING CODE 3510-DS-P