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]

Download as PDF 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. VerDate Sep<11>2014 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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. E:\FR\FM\25APN1.SGM 25APN1 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. PO 00000 Frm 00015 Fmt 4703 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 25APN1

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]


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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
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