Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 33317-33319 [2024-09092]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
[A–570–016]
preliminarily assigned to the separate
rate respondents in the instant
administrative review), further examine
whether Shandong New Continent
accurately reported its 2017–2018 POR
sales information, and potentially
reopen the record to solicit additional
information.2 On February 20, 2024,
Commerce notified interested parties of
its intent to issue the final results of the
2018–2019 administrative review by no
later than April 22, 2024.3 For a
summary of the events subsequent to
the Preliminary Results, see the Issues
and Decision Memorandum.4
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2018–2019
Scope of the Order
The products covered by this order
are certain passenger vehicles and light
truck tires. A full description of the
scope of the order is provided in the
Issues and Decision Memorandum.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain passenger vehicle and light truck
tires (passenger tires) were made as less
than normal value during the period of
review (POR) August 1, 2018, through
July 31, 2019.
DATES: Applicable April 29, 2024.
FOR FURTHER INFORMATION CONTACT: Toni
Page, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1402
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1398.
SUPPLEMENTARY INFORMATION:
Analysis of Comments Received
Commerce addressed all issues raised
in the case and rebuttal briefs in the
Issues and Decision Memorandum.
These issues are identified 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.
be downloaded, completed, printed, and
submitted via fax or mail.
cannot guarantee that we will be able to
do so.
III. Data
OMB Control Number: 0608–0062.
Form Number(s): BE–180.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
6,000 annually (4,500 reporting
mandatory data and 1,500 that would
file exemption claims or voluntary
responses).
Estimated Time per Response: 11
hours is the average for the 2,000
respondents filing data by country and
affiliation; 2 hours for the 2,500
respondents filing data by transaction
type only, and 1 hour for those filing an
exemption claim or other response.
Hours may vary considerably among
respondents because of differences in
company size and complexity.
Estimated Total Annual Burden
Hours: 28,500.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Mandatory.
Legal Authority: International
Investment and Trade in Services
Survey Act (Pub. L. 94–472, 22 U.S.C.
3101–3108, as amended) and Section
5408 of the Omnibus Trade and
Competitiveness Act of 1988.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information will
have practical utility; (b) the accuracy of
the Agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
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[FR Doc. 2024–09149 Filed 4–26–24; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
International Trade Administration
AGENCY:
Background
On June 18, 2020, Commerce
published the preliminary results of the
2018–2019 administrative review of the
antidumping duty order on passenger
tires from the People’s Republic of
China (China).1 On June 3, 2021,
Commerce deferred the deadline for the
final results to consider whether to
request a voluntary remand from the
U.S. Court of International Trade of the
2017–2018 administrative review to
evaluate the information provided by
U.S. Customs and Border Protection
(CBP) regarding Shandong New
Continent Tire Co., Ltd. (Shandong New
Continent) (the mandatory respondent
in the 2017–2018 administrative review
whose rate of zero percent was
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review and Rescission, in Part:
2018–2019, 85 FR 36831 (June 18, 2020)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
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Fmt 4703
Sfmt 4703
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we determine that
Qingdao Fullrun Tyre Corp., Ltd.
(Fullrun Tyre) had no shipments during
the POR. For further details, see the
Issues and Decision Memorandum.
Final Determination of No Shipments
Based on an analysis of CBP
information, Commerce determines that
the following companies had no
shipments during the POR: (1)
Shandong Duratti Rubber Corporation
2 See Memorandum, ‘‘Deferral of the Final Results
of Antidumping Duty Administrative Review;
2018–2019,’’ dated June 3, 2021.
3 See Memorandum, ‘‘Notification of Resumption
of the Final Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated
February 20, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China; 2018–
2019,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
Co., Ltd.; and (2) Qingdao Fullrun Tyre
Corp., Ltd.
Shandong Anchi Tyres Co., Ltd.
(Anchi) filed a no-shipment
certification; however, our preliminary
analysis of CBP information
contradicted this claim. After further
review, we determine for these final
results that Anchi had shipments during
the POR. For additional information
regarding this determination, see the
Issues and Decision Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Separate Rates
In the Preliminary Results, we found
that the following companies did not
establish their eligibility for a separate
rate: (1) Qingdao Odyking Tyre Co., Ltd.
(Qingdao Odyking); (2) Shandong
Longyue Rubber Co., Ltd. DBA ZODO
Tire Co., Ltd. (Shandong Longyue); (3)
Anchi; and (4) Fullrun Tyre.5 As such,
we preliminarily found that these
companies were part of the China-wide
entity. No interested party filed
comments with respect to Qingdao
Odyking’s and Shandong Longyue’s
preliminary separate rate findings;
therefore, for the final results, we
continue to find that these two
companies are part of the China-wide
entity. Interested parties did file
comments with respect to Anchi and
Fullrun Tyre. We have examined these
comments and continue to find that
Anchi is part of the China-wide entity;
however, as noted above, we have found
that Fullrun Tyre had no shipments
during the instant POR.6
We also continue to find that the
evidence provided by the following
respondents supports finding an
absence of both de jure and de facto
government control, and, therefore, we
continue to grant a separate rate to each
of these companies: (1) Qingdao Fullrun
Tyre Tech Corp., Ltd.; (2) Qingdao
Powerich Tyre Co., Ltd.; (3) Qingdao
Sentury Tire Co., Ltd.; (4) Shandong
Linglong Tyre Co., Ltd.; (5) Shandong
Province Sanli Tire Manufactured Co.,
Ltd.; (6) Shandong Yongsheng Rubber
Group Co., Ltd.; and (7) Shouguang
Firemax Tyre Co., Ltd.
Rate for Non-Selected Separate Rate
Respondents
The Tariff Act of 1930, as amended
(the Act), and Commerce’s regulations
do not address what rate to apply to
respondents 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
5 See
Preliminary Results, 85 FR 36831, 36832.
Issues and Decision Memorandum at
Comment 6.
6 See
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section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
non-selected respondents that are not
examined individually in an
administrative review. Section
735(c)(5)(A) of the Act states that the allothers rate should be calculated by
averaging the weighted-average
dumping margins for individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available. When the
rates for individually examined
companies are all zero, de minimis, or
based entirely on facts available, section
735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
method’’ to establish the all-others rate.
However, here, because both
mandatory respondents were found to
be part of the China-wide entity, there
are no estimated weighted-average
dumping margins calculated for
exporters or producers individually
examined in this review. Therefore,
consistent with our practice,7 we have
assigned to the non-individually
examined companies that demonstrated
their eligibility for a separate rate the
most recently assigned separate rate in
this proceeding (i.e., 0.00 percent).8
China-Wide Entity
Under Commerce’s current policy
regarding the conditional review of the
China-wide entity, the China-wide
entity will not be under review unless
a party specifically requests, or
Commerce self-initiates, a review of the
entity.9 Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the entity’s rate is not subject to
change (i.e., 76.46 percent).10
7 See, e.g., Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, Final
Successor-in-Interest Determination, and Final
Determination of No Shipments; 2018–2019, 86 FR
59987 (October 29, 2021), and accompanying IDM
at Comment 1; and Drawn Stainless Steel Sinks
from the People’s Republic of China: Preliminary
Results of the Antidumping Duty Administrative
Review; 2019–2020, 86 FR 7363 (January 28, 2021),
and accompanying PDM, unchanged in Drawn
Stainless Steel Sinks from the People’s Republic of
China: Final Results of the Antidumping Duty
Administrative Review; 2019–2020, 86 FR 18511
(April 9, 2021).
8 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2017–2018, 85 FR 22396 (April 22, 2020).
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
10 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
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Final Results of Review
Commerce determines that the
following weighted-average dumping
margin exists for the period of August
1, 2018, through July 31, 2019:
Exporter
Qingdao Fullrun Tyre Tech Corp., Ltd ..
Qingdao Powerich Tyre Co., Ltd ...........
Qingdao Sentury Tire Co., Ltd ..............
Shandong Linglong Tyre Co., Ltd .........
Shandong Province Sanli Tire Manufactured Co., Ltd ................................
Shandong Yongsheng Rubber Group
Co., Ltd ..............................................
Shouguang Firemax Tyre Co., Ltd ........
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Disclosure
Normally, Commerce will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of the notice
of final results in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, here, Commerce is applying a
separate rate 11 and the China-wide
rate 12 that were established in prior
segments of the proceeding. Thus, there
are no calculations on this record to
disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b), Commerce
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For the final results, we will instruct
CBP to apply an ad valorem assessment
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902, 47904, n.19 (August 10, 2015).
11 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2017–2018, 85 FR 22396 (April 22, 2020).
12 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015).
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Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Notices
rate of 76.46 percent to all entries of
subject merchandise during the POR
that were exported by Qingdao Odyking
and Shandong Longyue.
For the companies receiving a
separate rate, we intend to assign an
assessment rate of 0.00 percent,
consistent with the methodology
described above. Additionally, if
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s CBP case number will be
liquidated at the rate for the China-wide
entity.
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act for the
three separate rate respondents that do
not have a superseding cash deposit
rate: 13 (1) for the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except that, if the rate is de
minimis (i.e., less than 0.5 percent), then
the cash deposit rate will be zero for
that exporter); (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be equal to
the exporter-specific weighted-average
dumping margin published of the most
recently-completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the China-wide entity, i.e., 76.46
percent; and (4) for all exporters of
subject merchandise which are not
located in China and which are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that
non-Chinese exporter. These cash
deposit requirements shall remain in
effect until further notice.
Because Qingdao Sentury Tire Co.,
Ltd., Shandong Linglong Tyre Co., Ltd.,
Shandong Province Sanli Tire
Manufactured Co., Ltd., and Shouguang
Firemax Tyre Co., Ltd. have a
superseding cash deposit rate, i.e. there
13 These three companies are: Qingdao Fullrun
Tyre Tech Corp., Ltd.; Qingdao Powerich Tyre Co.,
Ltd.; and Shandong Yongsheng Rubber Group Co.,
Ltd.
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have been final results published in a
subsequent administrative review, we
will not issue revised cash deposit
instructions to CBP for these companies.
Thus, this notice will not affect the
current cash deposit rate for these
companies.
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 and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of countervailing 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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: April 22, 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. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Modify the Rate
for Separate Rate Respondents
Comment 2: Whether to Deny a Separate
Rate to Shandong Linglong Tyre Co., Ltd.
(Linglong)
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33319
Comment 3: Whether to Deny a Separate
Rate to Qingdao Powerich Tyre Co., Ltd.
(Qingdao Powerich)
Comment 4: Whether to Deny a Separate
Rate to Shandong Yongsheng Rubber
Group Co., Ltd. (Shandong Yongsheng)
Comment 5: Whether to Deny a Separate
Rate to Qingdao Fullrun Tyre Tech
Corp., Ltd. (Fullrun Tyre Tech)
Comment 6: Whether Anchi Tyres Co., Ltd.
(Anchi) and Qingdao Fullrun Tyre Corp.,
Ltd. (Fullrun Tyre) Have No Shipments
and/or Qualify for a Separate Rate
VI. Recommendation
[FR Doc. 2024–09092 Filed 4–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–167, C–533–927, C–580–920, C–583–
877]
Certain Epoxy Resins From the
People’s Republic of China, India, the
Republic of Korea, and Taiwan:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 23, 2024.
FOR FURTHER INFORMATION CONTACT:
Nathan James (the People’s Republic of
China (China)), Eliza DeLong (India),
Thomas Martin (the Republic of Korea
(Korea)), and Whitley Herndon
(Taiwan), AD/CVD Operations, Offices
V, V, IV, and IX, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5305, (202) 482–3878, (202)
482–3936, and (202) 482–6274,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
The Petitions
On April 3, 2024, the U.S. Department
of Commerce (Commerce) received
countervailing duty (CVD) petitions
concerning imports of certain epoxy
resins (epoxy resins) from China, India,
Korea, and Taiwan filed in proper form
on behalf of U.S. Epoxy Resin Producers
Ad Hoc Coalition (the petitioner).1 The
CVD petitions were accompanied by
antidumping duty (AD) petitions
concerning imports of epoxy resins from
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated April 3, 2024 (the Petitions). The
members of the U.S. Epoxy Resin Producers Ad Hoc
Coalition are Olin Corporation and Westlake
Corporation.
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]]>Agencies
[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Notices]
[Pages 33317-33319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09092]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain passenger vehicle and light truck tires (passenger tires) were
made as less than normal value during the period of review (POR) August
1, 2018, through July 31, 2019.
DATES: Applicable April 29, 2024.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1402 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2020, Commerce published the preliminary results of the
2018-2019 administrative review of the antidumping duty order on
passenger tires from the People's Republic of China (China).\1\ On June
3, 2021, Commerce deferred the deadline for the final results to
consider whether to request a voluntary remand from the U.S. Court of
International Trade of the 2017-2018 administrative review to evaluate
the information provided by U.S. Customs and Border Protection (CBP)
regarding Shandong New Continent Tire Co., Ltd. (Shandong New
Continent) (the mandatory respondent in the 2017-2018 administrative
review whose rate of zero percent was preliminarily assigned to the
separate rate respondents in the instant administrative review),
further examine whether Shandong New Continent accurately reported its
2017-2018 POR sales information, and potentially reopen the record to
solicit additional information.\2\ On February 20, 2024, Commerce
notified interested parties of its intent to issue the final results of
the 2018-2019 administrative review by no later than April 22, 2024.\3\
For a summary of the events subsequent to the Preliminary Results, see
the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission, in Part: 2018-2019, 85 FR
36831 (June 18, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Deferral of the Final Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated June 3,
2021.
\3\ See Memorandum, ``Notification of Resumption of the Final
Results of Antidumping Duty Administrative Review; 2018-2019,''
dated February 20, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China; 2018-2019,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are certain passenger vehicles
and light truck tires. A full description of the scope of the order is
provided in the Issues and Decision Memorandum.
Analysis of Comments Received
Commerce addressed all issues raised in the case and rebuttal
briefs in the Issues and Decision Memorandum. These issues are
identified 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 the comments received, we determine that
Qingdao Fullrun Tyre Corp., Ltd. (Fullrun Tyre) had no shipments during
the POR. For further details, see the Issues and Decision Memorandum.
Final Determination of No Shipments
Based on an analysis of CBP information, Commerce determines that
the following companies had no shipments during the POR: (1) Shandong
Duratti Rubber Corporation
[[Page 33318]]
Co., Ltd.; and (2) Qingdao Fullrun Tyre Corp., Ltd.
Shandong Anchi Tyres Co., Ltd. (Anchi) filed a no-shipment
certification; however, our preliminary analysis of CBP information
contradicted this claim. After further review, we determine for these
final results that Anchi had shipments during the POR. For additional
information regarding this determination, see the Issues and Decision
Memorandum.
Separate Rates
In the Preliminary Results, we found that the following companies
did not establish their eligibility for a separate rate: (1) Qingdao
Odyking Tyre Co., Ltd. (Qingdao Odyking); (2) Shandong Longyue Rubber
Co., Ltd. DBA ZODO Tire Co., Ltd. (Shandong Longyue); (3) Anchi; and
(4) Fullrun Tyre.\5\ As such, we preliminarily found that these
companies were part of the China-wide entity. No interested party filed
comments with respect to Qingdao Odyking's and Shandong Longyue's
preliminary separate rate findings; therefore, for the final results,
we continue to find that these two companies are part of the China-wide
entity. Interested parties did file comments with respect to Anchi and
Fullrun Tyre. We have examined these comments and continue to find that
Anchi is part of the China-wide entity; however, as noted above, we
have found that Fullrun Tyre had no shipments during the instant
POR.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Results, 85 FR 36831, 36832.
\6\ See Issues and Decision Memorandum at Comment 6.
---------------------------------------------------------------------------
We also continue to find that the evidence provided by the
following respondents supports finding an absence of both de jure and
de facto government control, and, therefore, we continue to grant a
separate rate to each of these companies: (1) Qingdao Fullrun Tyre Tech
Corp., Ltd.; (2) Qingdao Powerich Tyre Co., Ltd.; (3) Qingdao Sentury
Tire Co., Ltd.; (4) Shandong Linglong Tyre Co., Ltd.; (5) Shandong
Province Sanli Tire Manufactured Co., Ltd.; (6) Shandong Yongsheng
Rubber Group Co., Ltd.; and (7) Shouguang Firemax Tyre Co., Ltd.
Rate for Non-Selected Separate Rate Respondents
The Tariff Act of 1930, as amended (the Act), and Commerce's
regulations do not address what rate to apply to respondents 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 calculating the rate for non-selected
respondents that are not examined individually in an administrative
review. Section 735(c)(5)(A) of the Act states that the all-others rate
should be calculated by averaging the weighted-average dumping margins
for individually examined respondents, excluding rates that are zero,
de minimis, or based entirely on facts available. When the rates for
individually examined companies are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method'' to establish the all-
others rate.
However, here, because both mandatory respondents were found to be
part of the China-wide entity, there are no estimated weighted-average
dumping margins calculated for exporters or producers individually
examined in this review. Therefore, consistent with our practice,\7\ we
have assigned to the non-individually examined companies that
demonstrated their eligibility for a separate rate the most recently
assigned separate rate in this proceeding (i.e., 0.00 percent).\8\
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\7\ See, e.g., Multilayered Wood Flooring from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, Final Successor-in-Interest Determination, and Final
Determination of No Shipments; 2018-2019, 86 FR 59987 (October 29,
2021), and accompanying IDM at Comment 1; and Drawn Stainless Steel
Sinks from the People's Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review; 2019-2020, 86 FR 7363
(January 28, 2021), and accompanying PDM, unchanged in Drawn
Stainless Steel Sinks from the People's Republic of China: Final
Results of the Antidumping Duty Administrative Review; 2019-2020, 86
FR 18511 (April 9, 2021).
\8\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
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China-Wide Entity
Under Commerce's current policy regarding the conditional review of
the China-wide entity, the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity.\9\ Because no party requested a review of the
China-wide entity in this review, the entity is not under review and
the entity's rate is not subject to change (i.e., 76.46 percent).\10\
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 47902, 47904, n.19 (August 10,
2015).
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Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period of August 1, 2018, through July 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Qingdao Fullrun Tyre Tech Corp., Ltd........................ 0.00
Qingdao Powerich Tyre Co., Ltd.............................. 0.00
Qingdao Sentury Tire Co., Ltd............................... 0.00
Shandong Linglong Tyre Co., Ltd............................. 0.00
Shandong Province Sanli Tire Manufactured Co., Ltd.......... 0.00
Shandong Yongsheng Rubber Group Co., Ltd.................... 0.00
Shouguang Firemax Tyre Co., Ltd............................. 0.00
------------------------------------------------------------------------
Disclosure
Normally, Commerce will disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b). However, here, Commerce is applying
a separate rate \11\ and the China-wide rate \12\ that were established
in prior segments of the proceeding. Thus, there are no calculations on
this record to disclose.
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\11\ See Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
\12\ See Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China: Amended Final Affirmative
Antidumping Duty Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 47902 (August 10, 2015).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For the final results, we will instruct CBP to apply an ad valorem
assessment
[[Page 33319]]
rate of 76.46 percent to all entries of subject merchandise during the
POR that were exported by Qingdao Odyking and Shandong Longyue.
For the companies receiving a separate rate, we intend to assign an
assessment rate of 0.00 percent, consistent with the methodology
described above. Additionally, if Commerce determines that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's CBP case number will be
liquidated at the rate for the China-wide entity.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act for the three separate
rate respondents that do not have a superseding cash deposit rate: \13\
(1) for the exporters listed above, the cash deposit rate will be equal
to the weighted-average dumping margin established in the final results
of this review (except that, if the rate is de minimis (i.e., less than
0.5 percent), then the cash deposit rate will be zero for that
exporter); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that have separate rates, the cash
deposit rate will continue to be equal to the exporter-specific
weighted-average dumping margin published of the most recently-
completed segment of this proceeding; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the China-
wide entity, i.e., 76.46 percent; and (4) for all exporters of subject
merchandise which are not located in China and which are not eligible
for a separate rate, the cash deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that non-Chinese exporter. These
cash deposit requirements shall remain in effect until further notice.
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\13\ These three companies are: Qingdao Fullrun Tyre Tech Corp.,
Ltd.; Qingdao Powerich Tyre Co., Ltd.; and Shandong Yongsheng Rubber
Group Co., Ltd.
---------------------------------------------------------------------------
Because Qingdao Sentury Tire Co., Ltd., Shandong Linglong Tyre Co.,
Ltd., Shandong Province Sanli Tire Manufactured Co., Ltd., and
Shouguang Firemax Tyre Co., Ltd. have a superseding cash deposit rate,
i.e. there have been final results published in a subsequent
administrative review, we will not issue revised cash deposit
instructions to CBP for these companies. Thus, this notice will not
affect the current cash deposit rate for these companies.
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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of
countervailing 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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5).
Dated: April 22, 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. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Modify the Rate for Separate Rate
Respondents
Comment 2: Whether to Deny a Separate Rate to Shandong Linglong
Tyre Co., Ltd. (Linglong)
Comment 3: Whether to Deny a Separate Rate to Qingdao Powerich
Tyre Co., Ltd. (Qingdao Powerich)
Comment 4: Whether to Deny a Separate Rate to Shandong Yongsheng
Rubber Group Co., Ltd. (Shandong Yongsheng)
Comment 5: Whether to Deny a Separate Rate to Qingdao Fullrun
Tyre Tech Corp., Ltd. (Fullrun Tyre Tech)
Comment 6: Whether Anchi Tyres Co., Ltd. (Anchi) and Qingdao
Fullrun Tyre Corp., Ltd. (Fullrun Tyre) Have No Shipments and/or
Qualify for a Separate Rate
VI. Recommendation
[FR Doc. 2024-09092 Filed 4-26-24; 8:45 am]
BILLING CODE 3510-DS-P
