Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, Part; 2022, 38073-38075 [2024-09870]
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Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review and Rescission of Review,
Part; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
finds that countervailable subsidies
were provided to producers and
exporters of certain passenger vehicles
and light truck tires (PVLT) from the
People’s Republic of China (China)
during the period of review (POR),
January 1, 2022, through December 31,
2022. In addition, Commerce is
rescinding this review, in part, with
respect to 18 companies. Interested
parties are invited to comment on these
preliminary results.
SUMMARY:
DATES:
Applicable May 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski, 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) 482–1395.
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On August 10, 2015, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
PVLTs from China.1 On August 2, 2023,
Commerce published in the Federal
Register the notice of initiation of an
administrative review of the Order.2 On
January 31, 2024, Commerce selected
Jiangsu General Science Technology
Co., Ltd. (General Science) and Winrun
Tyre Co., Ltd. (Winrun) for individual
examination as the mandatory
respondents in this review. On February
2 and February 22, 2024, Commerce
received letters of intent to not
participate in the review by General
1 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) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023).
VerDate Sep<11>2014
15:55 May 06, 2024
Jkt 262001
Science 3 and Winrun,4 respectively. We
received no response from the
Government of China to the Initial
Questionnaire.5 Because no other
company subject to the review had
reviewable entries or all review requests
were rescinded for the remaining
companies, Commerce did not select
additional mandatory respondents.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.6 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.
Scope of the Order
The merchandise covered by the
Order is PVLTs from China. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.7
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 of the subsidy programs found to
be countervailable, Commerce
preliminarily determines that there is a
subsidy (i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific).8 For a full
description of the methodology
underlying our conclusions, including
our reliance on adverse facts available
(AFA) pursuant to section 776(a) and (b)
3 See General Science’s Letter, ‘‘Intent Not to
Respond as a Mandatory Respondent,’’ dated
February 2, 2024.
4 See Winrun’s Letter, ‘‘Notice of Intent to Not
Participate,’’ dated February 22, 2024.
5 See Commerce’s Letter, ‘‘Initial Questionnaire,’’
dated December 22, 2023 (Initial Questionnaire).
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022 Countervailing
Duty Administrative Review and Recission, in Part:
Certain Passenger Vehicle and Light Truck Tires
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
7 Id.
8 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.
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38073
of the Act, see the Preliminary Decision
Memorandum.
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 16 companies, pursuant to 19
CFR 351.213(d)(1).9 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 16 companies; see
Appendix II.
Based on our analysis of U.S. Customs
and Border Protection (CBP) data, we
determine that the following two
companies had no entries of subject
merchandise during the POR: Shandong
Qilun Rubber Co., Ltd. and Shandong
Transtone Tyre Co., Ltd. On March 29,
2024, we notified interested parties of
our intent to rescind the review for
Shandong Qilun Rubber Co., Ltd. and
Shandong Transtone Tyre Co., Ltd.10 No
parties commented on our intent to
rescind.11 Pursuant to 19 CFR
351.213(d)(3), we are rescinding the
administrative review of these two
companies. For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
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:
Company
Winrun Tyre Co., Ltd ..................
Jiangsu General Science Technology Co., Ltd ........................
Subsidy
rate
(percent
ad valorem)
* 125.50
* 125.50
* Rate is based on facts available with adverse inferences.
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 CBP to collect cash
9 See Preliminary Decision Memorandum at
‘‘Partial Rescission of Administrative Review.’’
10 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated March 29, 2024.
11 Id.
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38074
Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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, 2022, through
December 31, 2022, 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).
Disclosure and Public Comment
Normally, Commerce discloses its
calculations and analysis performed in
connection with the preliminary results
VerDate Sep<11>2014
15:55 May 06, 2024
Jkt 262001
to interested parties within five days of
its public announcement, or if there is
no public announcement, within five
days of the date of publication of this
notice, in accordance with 19 CFR
351.224(b). However, because
Commerce preliminarily applied total
AFA in the calculation of the benefit for
Winrun and General Science, and the
AFA rates are based on rates calculated
in prior segments of the proceeding,
there are no calculations to disclose.
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review.12 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.13 Interested parties who submit
case or rebuttal briefs in this proceeding
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.14
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide a public
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.15 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public 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 public 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).16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
12 See
19 CFR 351.309(c)(1)(ii).
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) (APO and
Service Final Rule).
14 See 19 351.309(c)(2) and (d)(2).
15 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
16 See APO and Service Final Rule.
13 See
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Fmt 4703
Sfmt 4703
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronicallyfiled hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Final Results of Review
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)(1).
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: April 30, 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. Recission of Administrative Review, In
Part
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Recommendation
Appendix II
List of Companies Which Timely Withdrew
Requests for Review
1. Anhui Jichi Tire Co., Ltd.
2. Anhui Prime Cord Fabrics Company Ltd.;
(3) GITI Radial Tire (Anhui) Company
Ltd., GITI Steel Cord (Hubei) Company
Ltd.; GITI Tire (China) Investment
Company Ltd., GITI Tire (Hualin)
Company Ltd.; GITI Tire (USA) Ltd.;
GITI Tire Global Trading Pte. Ltd.; GITI
Tire (Fujian) Co., Ltd.Linyi Bomei
Furniture Co., Ltd.
3. Qingdao Fullrun Tyre Corp., Ltd.
4. Qingdao Keter International Co., Limited.
5. Qingdao Lakesea Tyre Co., Ltd.
6. Qingdao Sentury Tire Co., Ltd.
7. Qingdao Sunfulcess Tyre Co., Ltd.
8. Sailun Group Co., Ltd.
9. Sailun Group (Hong Kong) Co., Ltd.
10. Shandong Haohua Tire Co., Ltd.
E:\FR\FM\07MYN1.SGM
07MYN1
Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Notices
11. Shandong Hongsheng Rubber Technology
Co., Ltd.
12. Shandong New Continent Tire Co., Ltd.
13. Shandong Province Sanli Tire
Manufacture Co., Ltd.
14. Sumitomo Rubber (Changshu) Co. Ltd.;
Sumitomo Rubber (China) Co., Ltd.;
Sumitomo Rubber (Hunan) Co., Ltd.
15. Sumitomo Rubber Industries, Ltd.
16. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2024–09870 Filed 5–6–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–837]
Aluminum Extrusions From the
Socialist Republic of Vietnam:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that aluminum extrusions
from the Socialist Republic of Vietnam
(Vietnam) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is April 1, 2023,
through September 30, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable May 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2972.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 31, 2023.1 On February 15,
1 See Aluminum Extrusions from the People’s
Republic of China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia, Italy, the
Republic of Korea, Malaysia, Mexico, Taiwan,
Thailand, the Republic of Turkey, the United Arab
VerDate Sep<11>2014
15:55 May 06, 2024
Jkt 262001
2024, Commerce postponed the
preliminary determination in this
investigation until May 1, 2024.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II 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.
Scope of the Investigation
The products covered by this
investigation are aluminum extrusions
from Vietnam. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 in the
Initiation Notice, Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice, as
well as additional language proposed by
Commerce. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
Emirates, and the Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value Investigations, 88
FR 74421 (October 31, 2023) (Initiation Notice).
2 See Aluminum Extrusions from the People’s
Republic of China, Colombia, Ecuador, India,
Indonesia, Italy, the Republic of Korea, Malaysia,
Mexico, Taiwan, Thailand, the Republic of Turkey,
the United Arab Emirates, and the Socialist
Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 89 FR 11814 (February 15, 2024).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Aluminum
Extrusions from the Socialist Republic of Vietnam,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 88 at FR 74423.
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38075
discussion and analysis of all comments
timely received, see Preliminary Scope
Decision Memorandum II.6 Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
export prices in accordance with section
772(a) of the Act and calculated
constructed export prices in accordance
with section 772(b) of the Act. Because
Vietnam is a non-market economy
(NME) country, within the meaning of
section 771(18) of the Act, Commerce
has calculated normal value in
accordance with section 773(c) of the
Act. In addition, pursuant to sections
776(a) and (b) of the Act, Commerce
preliminarily relied upon facts
otherwise available, with adverse
inferences, to assign a dumping margin
for the Vietnam-wide entity. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
6 See Memorandum, ‘‘Antidumping Duty
Investigations and Countervailing Duty
Investigations of Aluminum Extrusions from
People’s Republic of China, Colombia, Ecuador,
India, Indonesia, Italy, the Republic of Korea,
Malaysia, Mexico, Taiwan, Thailand, the Republic
of Tu¨rkiye, the United Arab Emirates, and the
Socialist Republic of Vietnam: Preliminary Scope
Decision Memorandum II,’’ dated concurrently with
this notice (Preliminary Scope Decision
Memorandum II).
7 See Initiation Notice, 88 FR at 74427.
8 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available at https://access.trade.gov/
Resources/policy/bull05-1.pdf.
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Agencies
[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38073-38075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09870]
[[Page 38073]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission of Review, Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies were provided to producers and exporters
of certain passenger vehicles and light truck tires (PVLT) from the
People's Republic of China (China) during the period of review (POR),
January 1, 2022, through December 31, 2022. In addition, Commerce is
rescinding this review, in part, with respect to 18 companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable May 7, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, 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) 482-1395.
Background
On August 10, 2015, Commerce published in the Federal Register the
countervailing duty (CVD) order on PVLTs from China.\1\ On August 2,
2023, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order.\2\ On January 31,
2024, Commerce selected Jiangsu General Science Technology Co., Ltd.
(General Science) and Winrun Tyre Co., Ltd. (Winrun) for individual
examination as the mandatory respondents in this review. On February 2
and February 22, 2024, Commerce received letters of intent to not
participate in the review by General Science \3\ and Winrun,\4\
respectively. We received no response from the Government of China to
the Initial Questionnaire.\5\ Because no other company subject to the
review had reviewable entries or all review requests were rescinded for
the remaining companies, Commerce did not select additional mandatory
respondents.
---------------------------------------------------------------------------
\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
\3\ See General Science's Letter, ``Intent Not to Respond as a
Mandatory Respondent,'' dated February 2, 2024.
\4\ See Winrun's Letter, ``Notice of Intent to Not
Participate,'' dated February 22, 2024.
\5\ See Commerce's Letter, ``Initial Questionnaire,'' dated
December 22, 2023 (Initial Questionnaire).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022 Countervailing Duty Administrative Review and
Recission, in Part: Certain Passenger Vehicle and Light Truck 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 merchandise covered by the Order is PVLTs from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
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 of the subsidy programs found to be countervailable,
Commerce preliminarily determines that there is a subsidy (i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific).\8\ For a full
description of the methodology underlying our conclusions, including
our reliance on adverse facts available (AFA) pursuant to section
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ 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 16 companies, pursuant to 19 CFR
351.213(d)(1).\9\ 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 16 companies; see Appendix
II.
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at ``Partial Rescission
of Administrative Review.''
---------------------------------------------------------------------------
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determine that the following two companies had no entries of
subject merchandise during the POR: Shandong Qilun Rubber Co., Ltd. and
Shandong Transtone Tyre Co., Ltd. On March 29, 2024, we notified
interested parties of our intent to rescind the review for Shandong
Qilun Rubber Co., Ltd. and Shandong Transtone Tyre Co., Ltd.\10\ No
parties commented on our intent to rescind.\11\ Pursuant to 19 CFR
351.213(d)(3), we are rescinding the administrative review of these two
companies. For additional information regarding this determination, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated March 29, 2024.
\11\ Id.
---------------------------------------------------------------------------
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:
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad
valorem)
------------------------------------------------------------------------
Winrun Tyre Co., Ltd........................................ * 125.50
Jiangsu General Science Technology Co., Ltd................. * 125.50
------------------------------------------------------------------------
* Rate is based on facts available with adverse inferences.
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 CBP to
collect cash
[[Page 38074]]
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, 2022, through December 31, 2022, 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).
Disclosure and Public Comment
Normally, Commerce discloses its calculations and analysis
performed in connection with the preliminary results to interested
parties within five days of its public announcement, or if there is no
public announcement, within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b). However, because
Commerce preliminarily applied total AFA in the calculation of the
benefit for Winrun and General Science, and the AFA rates are based on
rates calculated in prior segments of the proceeding, there are no
calculations to disclose.
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of these preliminary results of review.\12\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\13\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ 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) (APO and Service Final Rule).
\14\ See 19 351.309(c)(2) and (d)(2).
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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 a public
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.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\16\ Pursuant to 19 CFR
351.310(c), interested parties who wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. An electronically-filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
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Final Results of Review
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)(1).
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: April 30, 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. Recission of Administrative Review, In Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Recommendation
Appendix II
List of Companies Which Timely Withdrew Requests for Review
1. Anhui Jichi Tire Co., Ltd.
2. Anhui Prime Cord Fabrics Company Ltd.; (3) GITI Radial Tire
(Anhui) Company Ltd., GITI Steel Cord (Hubei) Company Ltd.; GITI
Tire (China) Investment Company Ltd., GITI Tire (Hualin) Company
Ltd.; GITI Tire (USA) Ltd.; GITI Tire Global Trading Pte. Ltd.; GITI
Tire (Fujian) Co., Ltd.Linyi Bomei Furniture Co., Ltd.
3. Qingdao Fullrun Tyre Corp., Ltd.
4. Qingdao Keter International Co., Limited.
5. Qingdao Lakesea Tyre Co., Ltd.
6. Qingdao Sentury Tire Co., Ltd.
7. Qingdao Sunfulcess Tyre Co., Ltd.
8. Sailun Group Co., Ltd.
9. Sailun Group (Hong Kong) Co., Ltd.
10. Shandong Haohua Tire Co., Ltd.
[[Page 38075]]
11. Shandong Hongsheng Rubber Technology Co., Ltd.
12. Shandong New Continent Tire Co., Ltd.
13. Shandong Province Sanli Tire Manufacture Co., Ltd.
14. Sumitomo Rubber (Changshu) Co. Ltd.; Sumitomo Rubber (China)
Co., Ltd.; Sumitomo Rubber (Hunan) Co., Ltd.
15. Sumitomo Rubber Industries, Ltd.
16. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2024-09870 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-DS-P