Truck and Bus Tires From People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 31727-31728 [2024-08841]
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Notices
approved a plan to spin off its Steel Pipe
Business Division into an independent
operating company named Hyundai
Steel Pipe Co., Ltd (HSP). HSP stated
that, on October 25, 2023, Hyundai
Steel’s board of directors approved a
resolution to transfer its assets and
liabilities to HSP.3
Scope of the Orders
The merchandise covered by these
orders is CWP, OCTG, WLP, and LDWP
from Korea.4
Initiation of CCRs
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), Commerce
conducts a CCR upon receipt of
information concerning, or a request
from, an interested party for a review of
an AD and/or CVD order which shows
changed circumstances sufficient to
warrant a review of the order. The
information submitted by HSP regarding
its claim that it is the successor-ininterest to Hyundai Steel demonstrates
changed circumstances sufficient to
warrant the initiation of such reviews.5
Therefore, in accordance with section
751(b)(1)(A) of the Act and 19 CFR
351.216(d) and (e), we are initiating the
CCRs.
In making a successor-in-interest
determination, Commerce examines
several factors, including, but not
limited to, changes in the following: (1)
management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.6 While no single factor
or combination of factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, generally, Commerce will
consider the new company to be the
successor to the previous company if
the new company’s resulting operation
is not materially dissimilar to that of its
predecessor.7 Thus, if the record
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the predecessor company, Commerce
lotter on DSK11XQN23PROD with NOTICES1
3 Id.
4 For a complete description of the scope of each
of these orders, see CWP Order, OCTG Order, WLP
Order, and LDWP Order.
5 See HSP’s CCR Request.
6 See, e.g., Certain Frozen Warmwater Shrimp
from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review,
81 FR 75376 (October 31, 2016) (Shrimp from India
Preliminary Results), unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 81 FR 90774 (December 15,
2016) (Shrimp from India Final Results).
7 See, e.g., Shrimp from India Preliminary Results,
81 FR at 75377, unchanged in Shrimp from India
Final Results, 81 FR at 90774.
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18:54 Apr 24, 2024
Jkt 262001
may assign the new company the cash
deposit rate of its predecessor.8
Pursuant to 19 CFR 351.221(c)(3)(ii),
Commerce may combine the notices of
initiation and preliminary results of a
CCR into a single notice if it concludes
that expedited action is warranted. We
have determined that it is appropriate to
further consider, and potentially seek
additional information regarding,
certain factors noted above that
Commerce examines in successor-ininterest CCRs. Therefore, we have
determined that expedited action is not
warranted, and we have not combined
the notice of preliminary results of the
CCRs with this notice. Commerce
intends to publish in the Federal
Register a notice of the preliminary
results of this CCR, in accordance with
19 CFR 351.221(b)(4) and (c)(3)(i),
which will set forth Commerce’s
preliminary factual and legal
conclusions. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will
have an opportunity to comment on the
preliminary results.
Unless extended, Commerce intends
to issue the final results of this CCR
within 270 days after the date of
initiation, in accordance with 19 CFR
351.216(e).
Notification to Interested Parties
We are issuing this notice in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b)
and 351.221(b)(1).
Dated: April 19, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy &
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–08894 Filed 4–24–24; 8:45 am]
BILLING CODE 3510–DS–P
8 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR
58, 59 (January 2, 2002); Ball Bearings and Parts
Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688, 34689 (June
18, 2010); and Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Preliminary
Results of Antidumping Duty Changed
Circumstances Review, 63 FR 14679 (March 26,
1998), unchanged in Circular Welded Non-Alloy
Steel Pipe from Korea; Final Results of
Antidumping Duty Changed Circumstances Review,
63 FR 20572 (April 27, 1998), in which Commerce
found that a company which only changed its name
and did not change its operations is a successor-ininterest to the company before it changed its name.
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Fmt 4703
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31727
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–041]
Truck and Bus Tires From People’s
Republic of China: Final Results of the
Expedited First Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on truck and bus tires from
the People’s Republic of China (China)
would likely lead to the continuation or
recurrence of countervailable subsidies
at the levels indicated in the ‘‘Final
Results of Expedited Sunset Review’’
section of this notice.
DATES: Applicable April 25, 2024.
FOR FURTHER INFORMATION CONTACT:
Suresh Maniam, 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) 482–1603.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 15, 2019, Commerce
published in the Federal Register the
CVD Order on truck and bus tires from
China.1 On January 2, 2024, Commerce
published in the Federal Register the
notice of initiation of the first five-year
sunset review of the Order pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).2 On January 12,
2024, we received a timely notice of
intent to participate in this sunset
review from the United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial Workers
Union, AFL–CIO, CLC (the domestic
interested party) within 15-day deadline
specified in 19 CFR 351.218(d)(1)(i).3
The domestic interested claimed
interested party status under section
771(9)(D) of the Act as a certified union
representative of a U.S. industry
engaged in the manufacture of truck and
bus tires in the United States. On
February 4, 2024, the domestic
interested party provided a complete
substantive response for this review
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 Five-Year (Sunset) Reviews, 89
FR 66 (January 2, 2024) (Initiation Notice).
3 See Domestic Interested Party’s Letter, ‘‘Notice
of Intent to Participate,’’ dated January 12, 2024.
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31728
Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Notices
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).4 Commerce
received no substantive responses from
any other interested parties, including
the Government of China, nor was a
hearing requested. On February 22,
2024, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from other interested parties.5
As a result, in accordance with section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited, i.e., 120-day,
sunset review of the Order.
Guizhou Tyre Import and Export Co., Ltd.7 ...................
Double Coin Holdings Ltd.8 ..
All Others ..............................
66.28
23.92
45.10
VIII. Recommendation
[FR Doc. 2024–08841 Filed 4–24–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Administrative Protective Order
[A–570–040]
Truck and Bus Tires From the People’s
Republic of China: Final Results of the
Expedited First Sunset Review of the
Antidumping Duty Order
The products covered by the scope of
the Order are truck and bus tires from
China. A complete description of the
scope of the Order is contained in the
Issues and Decision Memorandum.6
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). 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 which is subject to sanction.
Analysis of Comments Received
Notification to Interested Parties
A complete discussion of all issues
raised in this sunset review, including
the likelihood of the continuation or
recurrence of subsidization in the event
of revocation of the Order and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
are addressed in the Issues and Decision
Memorandum. A list of topics discussed
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), which 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.
We are issuing and publishing these
final results and notice in accordance
with sections 751(c), 752(b), and
777(i)(1) of the Act, and 19 CFR
351.218.
Scope of the Order
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Order would
likely lead to the continuation or
recurrence of a countervailable subsidy
at the following net countervailable
subsidy rates:
lotter on DSK11XQN23PROD with NOTICES1
Subsidy rate
(percent
ad valorem)
Exporter/producer
4 See Domestic Interested Party’s Letter,
‘‘Substantive Response,’’ dated February 1, 2024.
5 See Commerce’s Letter, ‘‘Sunset Reviews for
January 2024,’’ dated February 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Expedited First Sunset
Review of the Countervailing Duty Order on Truck
and Bus Tires from People Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
18:54 Apr 24, 2024
Jkt 262001
Dated: April 19, 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
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely to
Prevail
3. Nature of the Subsidy
VII. Final Results of Expedited Sunset
Review
7 Commerce found Guizhou Tyre Import and
Export Co., Ltd. to be cross-owned with Guizhou
Tyre Co., Ltd. See Truck and Bus Tires from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary
Affirmative Critical Circumstances Determination,
in Part, and Alignment of Final Determination with
Final Antidumping Determination, 81 FR 43577
(July 5, 2016) (Preliminary Determination) at 17–18,
and accompanying Preliminary Decision
Memorandum (PDM), unchanged in Order.
8 Commerce found the following companies to be
cross-owned with Double Coin Holdings Ltd.:
Double Coin Group (Jiangsu) Tyre Co., Ltd.; Double
Coin Group (Chongqing) Tyre Co., Ltd.; Double
Coin Group Shanghai Donghai Tyre Co. Ltd.; and
Double Coin Group (Xinjiang) Kunlun Tyre Co.,
Ltd. See Preliminary Determination PDM at 16–17.
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Sfmt 4703
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on truck and bus tires from
the People’s Republic of China (China)
would likely lead to continuation or
recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Expedited Sunset Review’’ section of
this notice.
DATES: Applicable April 25, 2024.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, 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) 482–1785.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 15, 2019, Commerce
published in the Federal Register the
AD order on truck and bus tires from
China.1 On January 2, 2024, Commerce
published in the Federal Register the
notice of initiation of the first five-year
sunset review of the Order pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).2
On January 12, 2024, we received a
timely notice of intent to participate in
the sunset review from the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
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); see also Truck and Bus
Tires from the People’s Republic of China: Notice
of Court Decision Not in Harmony With the Final
Determination of Antidumping Duty Investigation;
Notice of Amended Order, 88 FR 37023 (June 6,
2023) (amending the Order with respect Guizhou
Tyre Import and Export Co., Ltd); Truck and Bus
Tires From the People’s Republic of China: Notice
of Court Decision Not in Harmony With the Final
Determination of Antidumping Duty Investigation;
Notice of Amended Order; Correction, 88 FR 38819
(June 14, 2023).
2 See Initiation of Five-Year (Sunset) Reviews, 89
FR 66 (January 2, 2024); see also Order.
E:\FR\FM\25APN1.SGM
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Agencies
[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Notices]
[Pages 31727-31728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08841]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From People's Republic of China: Final
Results of the Expedited First Sunset Review of the Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on truck and bus
tires from the People's Republic of China (China) would likely lead to
the continuation or recurrence of countervailable subsidies at the
levels indicated in the ``Final Results of Expedited Sunset Review''
section of this notice.
DATES: Applicable April 25, 2024.
FOR FURTHER INFORMATION CONTACT: Suresh Maniam, 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) 482-1603.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2019, Commerce published in the Federal Register
the CVD Order on truck and bus tires from China.\1\ On January 2, 2024,
Commerce published in the Federal Register the notice of initiation of
the first five-year sunset review of the Order pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On January
12, 2024, we received a timely notice of intent to participate in this
sunset review from the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial Workers Union, AFL-CIO, CLC
(the domestic interested party) within 15-day deadline specified in 19
CFR 351.218(d)(1)(i).\3\ The domestic interested claimed interested
party status under section 771(9)(D) of the Act as a certified union
representative of a U.S. industry engaged in the manufacture of truck
and bus tires in the United States. On February 4, 2024, the domestic
interested party provided a complete substantive response for this
review
[[Page 31728]]
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\
Commerce received no substantive responses from any other interested
parties, including the Government of China, nor was a hearing
requested. On February 22, 2024, Commerce notified the U.S.
International Trade Commission that it did not receive an adequate
substantive response from other interested parties.\5\ As a result, in
accordance with section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited, i.e., 120-
day, sunset review of the Order.
---------------------------------------------------------------------------
\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 Five-Year (Sunset) Reviews, 89 FR 66
(January 2, 2024) (Initiation Notice).
\3\ See Domestic Interested Party's Letter, ``Notice of Intent
to Participate,'' dated January 12, 2024.
\4\ See Domestic Interested Party's Letter, ``Substantive
Response,'' dated February 1, 2024.
\5\ See Commerce's Letter, ``Sunset Reviews for January 2024,''
dated February 22, 2024.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of the Order are truck and bus
tires from China. A complete description of the scope of the Order is
contained in the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the Expedited First Sunset Review of the Countervailing Duty
Order on Truck and Bus Tires from People Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of the continuation or recurrence of
subsidization in the event of revocation of the Order and the
countervailable subsidy rates likely to prevail if the Order were to be
revoked, are addressed in the Issues and Decision Memorandum. A list of
topics discussed 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), which 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.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would likely lead to the
continuation or recurrence of a countervailable subsidy at the
following net countervailable subsidy rates:
------------------------------------------------------------------------
Subsidy rate
Exporter/producer (percent ad
valorem)
------------------------------------------------------------------------
Guizhou Tyre Import and Export Co., Ltd.\7\............. 66.28
Double Coin Holdings Ltd.\8\............................ 23.92
All Others.............................................. 45.10
------------------------------------------------------------------------
Administrative Protective Order
---------------------------------------------------------------------------
\7\ Commerce found Guizhou Tyre Import and Export Co., Ltd. to
be cross-owned with Guizhou Tyre Co., Ltd. See Truck and Bus Tires
from the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative Critical
Circumstances Determination, in Part, and Alignment of Final
Determination with Final Antidumping Determination, 81 FR 43577
(July 5, 2016) (Preliminary Determination) at 17-18, and
accompanying Preliminary Decision Memorandum (PDM), unchanged in
Order.
\8\ Commerce found the following companies to be cross-owned
with Double Coin Holdings Ltd.: Double Coin Group (Jiangsu) Tyre
Co., Ltd.; Double Coin Group (Chongqing) Tyre Co., Ltd.; Double Coin
Group Shanghai Donghai Tyre Co. Ltd.; and Double Coin Group
(Xinjiang) Kunlun Tyre Co., Ltd. See Preliminary Determination PDM
at 16-17.
---------------------------------------------------------------------------
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). 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 which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and
19 CFR 351.218.
Dated: April 19, 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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Likely to Prevail
3. Nature of the Subsidy
VII. Final Results of Expedited Sunset Review
VIII. Recommendation
[FR Doc. 2024-08841 Filed 4-24-24; 8:45 am]
BILLING CODE 3510-DS-P