Truck and Bus Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review in Part, 2022, 10034-10036 [2024-02929]
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10034
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
countervailing duty order with respect
to brass rod from India pursuant to
section 706(a) of the Act. Interested
parties can find a list of duty orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This CVD order is published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: February 5, 2024.
Ryan Majerus
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
[FR Doc. 2024–03073 Filed 2–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–041]
Truck and Bus Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review and Rescission of Review in
Part, 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of truck and bus tires
from the People’s Republic of China
(China), during the period of review
(POR) from January 1, 2022, through
December 31, 2022. In addition,
Commerce is rescinding the review, in
part, with respect to 15 companies.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable February 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ted
Pearson, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2631.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise covered by this order are
brass rod and bar (brass rod), which is
defined as leaded, low-lead, and no-lead
solid brass made from alloys such as, but not
limited to the following alloys classified
under the Unified Numbering System (UNS)
as C27450, C27451, C27460, C34500, C35000,
C35300, C35330, C36000, C36300, C37000,
C37700, C48500, C67300, C67600, and
C69300, and their international equivalents.
The brass rod subject to this order has an
actual cross-section or outside diameter
greater than 0.25 inches but less than or
equal to 12 inches. Brass rod cross-sections
may be round, hexagonal, square, or
octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow
profiles.
Standard leaded brass rod covered by the
scope contains, by weight, 57.0–65.0 percent
copper; 0.5–3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc.
No-lead or low-lead brass rod covered by the
scope contains by weight 59.0–76.0 percent
copper; 0–1.5 percent lead; no more than
0.35 percent iron; and at least 15 percent
zinc. Brass rod may also include other
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by this order may be
finished or unfinished, and may or may not
be heated, extruded, pickled, or cold-drawn.
Brass rod may be produced in accordance
with ASTM B16, ASTM B124, ASTM B981,
ASTM B371, ASTM B453, ASTM B21, ASTM
B138, and ASTM B927, but such conformity
to an ASTM standard is not required for the
merchandise to be included within the scope.
Excluded from the scope of this order is
brass ingot, which is a casting of unwrought
metal unsuitable for conversion into brass
rod without remelting, that contains, by
weight, at least 57.0 percent copper and 15.0
percent zinc.
The merchandise covered by this order is
currently classifiable under subheadings
7407.21.9000, 7407.21.7000, and
7407.21.1500 of the Harmonized Tariff
VerDate Sep<11>2014
Schedule of the United States (HTSUS).
Products subject to the scope may also enter
under HTSUS subheadings 7403.21.0000,
7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
16:57 Feb 12, 2024
Jkt 262001
Background
On February 15, 2019, Commerce
published in the Federal Register the
countervailing duty order on truck and
bus tires from China.1 On February 2,
2023, Commerce published in the
Federal Register the notice of initiation
of an administrative review of the
Order.2 On May 19, 2022, Commerce
selected Qingdao Ge Rui Da Rubber Co.,
Ltd. and Bridgestone (Shenyang) Tire
Co., Ltd. (Bridgestone Shenyang) for
individual examination as the
1 See Truck and Bus Tires from the People’s
Republic of China: Amended Final Determination
and Countervailing Duty Order, 84 FR 4434
(February 15, 2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
21609 (April 11, 2023).
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Fmt 4703
Sfmt 4703
mandatory respondents in this
administrative review.3 On June 12,
2023, Bridgestone Corporation,
Bridgestone Tire Co. Ltd. (Bridgestone
Tire), and Bridgestone Shenyang
(collectively, Bridgestone Companies)
withdrew their request for
administrative review.4 On June 20,
2023, we selected Jiangsu Hankook Tire
Co., Ltd. (Jiangsu Hankook) for
individual examination.5 On July 3,
2023, Jiangsu Hankook withdrew its
request for review.6 On September 8,
2023, we selected Jiangsu General
Science Technology Co., Ltd. (General
Science) for individual examination and
requested that the GOC forward the
initial questionnaire.7 On September 29,
2023, Commerce extended the deadline
for the preliminary results of review by
100 days, until February 8, 2024.8
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.9 A list of topics
discussed 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/FRNoticesList
Layout.aspx.
Scope of the Order
The products covered by the Order
are truck and bus tires. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.10
3 See Memorandum, ‘‘Respondent Selection,’’
dated June 2, 2023.
4 See Bridgestone Companies’ Letter,
‘‘Withdrawal of Request for Administrative
Review,’’ dated June 12, 2023.
5 See Memorandum, ‘‘Second Respondent
Selection,’’ dated June 20, 2023.
6 See Jiangsu Hankook’s Letter, ‘‘Withdrawal of
Request for Administrative Review,’’ dated July 3,
2023.
7 See Commerce’s Letter, ‘‘Second Selection of
Additional Mandatory Respondent,’’ dated
September 8, 2023.
8 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2021,’’ dated September 29,
2023.
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review and Recission of Review in
Part; 2022: Truck and Bus Tires from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
10 See Preliminary Decision Memorandum.
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13FEN1
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices
Methodology
Cash Deposit Requirements
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found
countervailable, we preliminarily find
that there is a subsidy, (i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific).11 For a full description of the
methodology underlying our
conclusions, including our reliance, in
part, on adverse facts available pursuant
to sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final
results, to instruct U.S. Customs and
Border Protection (CBP) to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Rescission of Administrative Review, in
Part
lotter on DSK11XQN23PROD with NOTICES1
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
timely-filed withdrawal requests with
respect to 15 companies, pursuant to 19
CFR 351.213(d)(1).12 Because the
withdrawal requests were timely filed,
and no other parties requested a review
of these companies, in accordance with
19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with
respect to these 15 companies. For a
complete list of companies, see
Appendix II to this notice.
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the
producers/exporters shown above. Upon
completion of the administrative
Preliminary Results of Review
review, consistent with section 751(a)(1)
Commerce preliminarily determines
of the Act and 19 CFR 351.212(b)(2),
that the following net countervailable
Commerce shall determine, and CBP
subsidy rates exist for the period
shall assess, countervailing duties on all
January 1, 2022, through December 31,
appropriate entries covered by this
2022:
review.
For the companies for which this
Subsidy rate
review is rescinded with these
Manufacturer/exporter
(percent
preliminary results, we will instruct
ad valorem)
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
Jiangsu General Science
Technology Co., Ltd ..........
124.00 the cash deposit of estimated
Qingdao Ge Rui Da Rubber
countervailing duties required at the
Co., Ltd.13 .........................
10.27 time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
11 See sections 771(5)(B) and (D) of the Act
December 31, 2021, in accordance with
regarding financial contribution; section 771(5)(E)
19 CFR 351.212(c)(l)(i). For the
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
companies remaining in the review, we
12 See Preliminary Decision Memorandum at
intend to issue assessment instructions
‘‘Partial Rescission of Administrative Review.’’
to CBP no earlier than 35 days after the
13 As discussed in the Preliminary Decision
date of publication of the final results of
Memorandum, Commerce has found the following
this review in the Federal Register.
companies to be cross-owned with Qingdao Ge Rui
Da Tire Company: Cooper Tire (China) Investment
If a timely summons is filed at the
Co. Ltd.; Cooper Tire Asia-Pacific (Shanghai)
U.S. Court of International Trade, the
Trading Co., Ltd.; Qingdao Yiyuan Investment Co.,
assessment instructions will direct CBP
Ltd.; Goodyear Dalian Tire Company Limited; and
not to liquidate relevant entries until the
Goodyear Tire Management Company (Shanghai)
Ltd.
time for parties to file a request for a
VerDate Sep<11>2014
16:57 Feb 12, 2024
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Frm 00015
Fmt 4703
Sfmt 4703
10035
statutory injunction has expired (i.e.,
within 90 days of publication).
Verification
While we did not receive a request for
verification, as provided in section
782(i)(3) of the Act, Commerce intends
to verify the part of the information
relied upon for its final results of
review. Specifically, Commerce intends
to verify usage of the export buyer’s
credit program as discussed in the
Preliminary Decision Memorandum.14
Commerce intends to notify parties of
its verification procedures.
Disclosure and Public Comment
We will disclose to parties in this
review, the calculations performed for
these preliminary results within five
days after the date of publication of this
notice.15 Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance. Commerce will notify
interested parties of the deadline for the
submission of case briefs. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs unless otherwise modified by
Commerce.16
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.17 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).18
14 See Preliminary Decision Memorandum at
section ‘‘Application of FA and AFA: Export
Buyer’s Credits.’’
15 See 19 CFR 351.224(b).
16 See 19 CFR 351.309(d)(1).
17 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
18 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
E:\FR\FM\13FEN1.SGM
Continued
13FEN1
10036
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice.
Hearing requests should contain (1) the
party’s name, address, and telephone
number, (2) the number of participants
and whether any participant is a foreign
national, and (3) a list of the issues to
be discussed. If a request for a hearing
is made, parties will be notified of the
date and time for the hearing to be
determined.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: February 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the Non-exclusive
Functions and Duties of the 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. Partial Rescission of Administrative
Review
V. Diversification of China’s Economy
VI. Use of Faces Otherwise Available and
Application of Adverse Inferences
VII. Subsidies Valuation
VIII. Interest Rate, Discount Rate, Input,
Electricity, and Land Benchmarks
IX. Analysis of Programs
X. Recommendation
lotter on DSK11XQN23PROD with NOTICES1
DEPARTMENT OF COMMERCE
International Trade Administration
[A–831–804]
Aluminum Foil From the Republic of
Armenia: Initiation of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is initiating a
changed circumstances review (CCR) of
the antidumping duty (AD) order on
aluminum foil from the Republic of
Armenia (Armenia) to examine whether
Armenia remains a non-market
economy (NME) country for purposes of
the application of the AD law.
DATES: Applicable February 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Leah Wils-Owens or Chien-Min Yang,
Office of Policy, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4203 or (202) 482–5484,
respectively.
AGENCY:
On December 21, 2023, the
Government of Armenia (GOA)
submitted a letter to Commerce
requesting that Commerce conduct a
review of Armenia’s status as an NME
country 1 within the context of a
changed circumstances review (CCR) of
the AD order on aluminum foil from
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
Jkt 262001
BILLING CODE 3510–DS–P
SUPPLEMENTARY INFORMATION:
1. Bridgestone (Shenyang) Tire Co., Ltd.
2. Bridgestone Tire Co. Ltd.
3. Chongqing Hankook Tire Co., Ltd.
4. Jiangsu Hankook Tire Co., Ltd
5. Prinx Chengshan (Shandong) Tire
16:57 Feb 12, 2024
[FR Doc. 2024–02929 Filed 2–12–24; 8:45 am]
Background
Appendix II—Companies Rescinded
from Review
VerDate Sep<11>2014
Company Ltd. and its cross-owned
companies: Chengshan Group Co., Ltd.;
Shanghai Chengzhan Information and
Technology Center; Prinx Chengshan
(Qingdao) Industrial Research & Design
Co., Ltd.; Shandong Prinx Chengshan
Tire Technology Research Co., Ltd.
6. Qingdao Fullrun Tyre Corp. Ltd.
7. Sailun Group (Hong Kong) Co., Limited
8. Sailun Group Co., Ltd.
9. Shandong Haohua Tire Co., Ltd.
10. Shandong Kaixuan Rubber Co., Ltd.
11. Shandong Linglong Tyre Co., Ltd.
12. Shandong Transtone Tyre Co., Ltd.
13. Sinotyre International Group Co., Ltd
14. Triangle Tyre Co., Ltd.
15. Weifang Shunfuchang Rubber and Plastic
Products Co., Ltd.
1 See GOA’s Letter, ‘‘Request for the U.S.
Department of Commerce to Initiate a Changed
Circumstances Review of the Antidumping Duty
Order on Aluminum Foil from the Republic of
Armenia,’’ dated December 21, 2023 (CCR Request).
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Armenia.2 In its CCR Request, the GOA
describes changes that have occurred in
Armenia in recent years as they relate to
each of the statutory criteria Commerce
uses to evaluate a country’s market
economy (ME) status. Specifically, the
CCR Request provides information
about the convertibility of the Armenian
Dram, how wage rates in Armenia are
determined by free bargaining between
labor and management, and the extent
to which joint ventures and other
investments by firms from other
countries are permitted in Armenia. The
CCR Request also provides information
on government ownership and control
over the means of production and the
allocation of resources in Armenia, as
well as the government’s influence over
enterprises’ price and output decisions.
Finally, the GOA provided its views on
other factors that could affect its ME
status, including its persistent fight
against government corruption and
various reforms enacted in conjunction
with its accession to the World Trade
Organization.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
when Commerce receives information
concerning, or a request from an
interested party for a review of, a final
affirmative determination that resulted
in an AD or countervailing duty order,
which shows changed circumstances
sufficient to warrant a review of such
determination, Commerce shall conduct
a review of the determination after
publishing notice of the review in the
Federal Register. Commerce finds that
the GOA has provided sufficient
evidence to initiate a review of
Armenia’s NME status. Therefore, in
response to this request, Commerce is
initiating this CCR to examine whether
Armenia is still an NME country for
purposes of the application of the AD
law, pursuant to sections 751(b) and
771(18)(C)(ii) of the Act. Commerce has
treated Armenia as an NME country in
all past AD investigations and
administrative reviews.3 An NME
designation remains in effect until it is
revoked by Commerce.4
2 See Certain Aluminum Foil from the Republic
of Armenia: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 52882
(September 23, 2021) (Foil from Armenia Final
Determination).
3 See, e.g., Foil from Armenia Final
Determination.
4 See section 771(18)(C)(i) of the Act.
E:\FR\FM\13FEN1.SGM
13FEN1
]]>Agencies
[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10034-10036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02929]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review and
Rescission of Review in Part, 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of truck and bus tires from the People's Republic of
China (China), during the period of review (POR) from January 1, 2022,
through December 31, 2022. In addition, Commerce is rescinding the
review, in part, with respect to 15 companies. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable February 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2631.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2019, Commerce published in the Federal Register
the countervailing duty order on truck and bus tires from China.\1\ On
February 2, 2023, Commerce published in the Federal Register the notice
of initiation of an administrative review of the Order.\2\ On May 19,
2022, Commerce selected Qingdao Ge Rui Da Rubber Co., Ltd. and
Bridgestone (Shenyang) Tire Co., Ltd. (Bridgestone Shenyang) for
individual examination as the mandatory respondents in this
administrative review.\3\ On June 12, 2023, Bridgestone Corporation,
Bridgestone Tire Co. Ltd. (Bridgestone Tire), and Bridgestone Shenyang
(collectively, Bridgestone Companies) withdrew their request for
administrative review.\4\ On June 20, 2023, we selected Jiangsu Hankook
Tire Co., Ltd. (Jiangsu Hankook) for individual examination.\5\ On July
3, 2023, Jiangsu Hankook withdrew its request for review.\6\ On
September 8, 2023, we selected Jiangsu General Science Technology Co.,
Ltd. (General Science) for individual examination and requested that
the GOC forward the initial questionnaire.\7\ On September 29, 2023,
Commerce extended the deadline for the preliminary results of review by
100 days, until February 8, 2024.\8\
---------------------------------------------------------------------------
\1\ See Truck and Bus Tires from the People's Republic of China:
Amended Final Determination and Countervailing Duty Order, 84 FR
4434 (February 15, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609 (April 11, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated June 2,
2023.
\4\ See Bridgestone Companies' Letter, ``Withdrawal of Request
for Administrative Review,'' dated June 12, 2023.
\5\ See Memorandum, ``Second Respondent Selection,'' dated June
20, 2023.
\6\ See Jiangsu Hankook's Letter, ``Withdrawal of Request for
Administrative Review,'' dated July 3, 2023.
\7\ See Commerce's Letter, ``Second Selection of Additional
Mandatory Respondent,'' dated September 8, 2023.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2021,'' dated
September 29, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed 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.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review and Recission
of Review in Part; 2022: Truck and Bus Tires from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are truck and bus tires. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\10\
---------------------------------------------------------------------------
\10\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
[[Page 10035]]
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
find that there is a subsidy, (i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific).\11\ For a full description of the methodology
underlying our conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\11\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
withdrawal requests with respect to 15 companies, pursuant to 19 CFR
351.213(d)(1).\12\ Because the withdrawal requests were timely filed,
and no other parties requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to these 15 companies. For a complete
list of companies, see Appendix II to this notice.
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\12\ See Preliminary Decision Memorandum at ``Partial Rescission
of Administrative Review.''
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Preliminary Results of Review
Commerce preliminarily determines that the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
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\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Qingdao Ge Rui Da Tire Company: Cooper Tire (China) Investment Co.
Ltd.; Cooper Tire Asia-Pacific (Shanghai) Trading Co., Ltd.; Qingdao
Yiyuan Investment Co., Ltd.; Goodyear Dalian Tire Company Limited;
and Goodyear Tire Management Company (Shanghai) Ltd.
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Subsidy rate
Manufacturer/exporter (percent ad
valorem)
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Jiangsu General Science Technology Co., Ltd............. 124.00
Qingdao Ge Rui Da Rubber Co., Ltd.\13\.................. 10.27
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Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties in the amounts calculated in the final results of
this review for the respective companies listed above with regard to
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. If the rate calculated in the final results is
zero or de minimis, no cash deposit will be required on shipments of
the subject merchandise entered or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producers/exporters shown above. Upon
completion of the administrative review, consistent with section
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, we intend
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of the final results of this review in the
Federal Register.
If a timely summons is filed at the U.S. Court of International
Trade, the assessment instructions will direct CBP not to liquidate
relevant entries until the time for parties to file a request for a
statutory injunction has expired (i.e., within 90 days of publication).
Verification
While we did not receive a request for verification, as provided in
section 782(i)(3) of the Act, Commerce intends to verify the part of
the information relied upon for its final results of review.
Specifically, Commerce intends to verify usage of the export buyer's
credit program as discussed in the Preliminary Decision Memorandum.\14\
Commerce intends to notify parties of its verification procedures.
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\14\ See Preliminary Decision Memorandum at section
``Application of FA and AFA: Export Buyer's Credits.''
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Disclosure and Public Comment
We will disclose to parties in this review, the calculations
performed for these preliminary results within five days after the date
of publication of this notice.\15\ Case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance. Commerce will notify interested parties of the deadline
for the submission of case briefs. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs unless otherwise modified by
Commerce.\16\
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\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(d)(1).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\17\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
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[[Page 10036]]
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the date of publication of this
notice. Hearing requests should contain (1) the party's name, address,
and telephone number, (2) the number of participants and whether any
participant is a foreign national, and (3) a list of the issues to be
discussed. If a request for a hearing is made, parties will be notified
of the date and time for the hearing to be determined.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: February 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
Non-exclusive Functions and Duties of the 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. Partial Rescission of Administrative Review
V. Diversification of China's Economy
VI. Use of Faces Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Interest Rate, Discount Rate, Input, Electricity, and Land
Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II--Companies Rescinded from Review
1. Bridgestone (Shenyang) Tire Co., Ltd.
2. Bridgestone Tire Co. Ltd.
3. Chongqing Hankook Tire Co., Ltd.
4. Jiangsu Hankook Tire Co., Ltd
5. Prinx Chengshan (Shandong) Tire Company Ltd. and its cross-owned
companies: Chengshan Group Co., Ltd.; Shanghai Chengzhan Information
and Technology Center; Prinx Chengshan (Qingdao) Industrial Research
& Design Co., Ltd.; Shandong Prinx Chengshan Tire Technology
Research Co., Ltd.
6. Qingdao Fullrun Tyre Corp. Ltd.
7. Sailun Group (Hong Kong) Co., Limited
8. Sailun Group Co., Ltd.
9. Shandong Haohua Tire Co., Ltd.
10. Shandong Kaixuan Rubber Co., Ltd.
11. Shandong Linglong Tyre Co., Ltd.
12. Shandong Transtone Tyre Co., Ltd.
13. Sinotyre International Group Co., Ltd
14. Triangle Tyre Co., Ltd.
15. Weifang Shunfuchang Rubber and Plastic Products Co., Ltd.
[FR Doc. 2024-02929 Filed 2-12-24; 8:45 am]
BILLING CODE 3510-DS-P
