Truck and Bus Tires From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 83636-83639 [2024-23917]
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8031.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2013, Commerce
published in the Federal Register the
AD order on large residential washers
from Mexico.1 On April 1, 2024, the ITC
instituted,2 and Commerce initiated,3
the second sunset review of the Order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As
a result of its review, Commerce
determined that revocation of the Order
would likely lead to the continuation or
recurrence of dumping, and therefore,
notified the ITC of the magnitude of the
margins of dumping likely to prevail
should the Order be revoked.4
On October 9, 2024, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Order would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Order
ddrumheller on DSK120RN23PROD with NOTICES1
The products covered by the Order
are all large residential washers and
certain subassemblies thereof from
Mexico. For purposes of the order, the
term ‘‘large residential washers’’
denotes all automatic clothes washing
machines, regardless of the orientation
of the rotational axis, except as noted
below, with a cabinet width (measured
from its widest point) of at least 24.5
inches (62.23 cm) and no more than
32.0 inches (81.28 cm). Also covered are
certain subassemblies used in large
residential washers, namely: (1) all
assembled cabinets designed for use in
large residential washers which
incorporate, at a minimum: (a) At least
three of the six cabinet surfaces; and (b)
a bracket; (2) all assembled tubs 6
designed for use in large residential
washers which incorporate, at a
minimum: (a) a tub; and (b) a seal; (3)
1 See Large Residential Washers from Mexico and
the Republic of Korea: Antidumping Duty Orders,
78 FR 11148 (February 15, 2013) (Order).
2 See Large Residential Washers from Mexico;
Institution of a Five-Year (Sunset) Review, 89 FR
22455 (April 1, 2024).
3 See Initiation of Five-Year (Sunset) Reviews, 89
FR 22373 (April 1, 2024) (Initiation Notice).
4 See Large Residential Washers from Mexico:
Final Results of the Expedited Second Sunset
Review of the Antidumping Duty Order, 89 FR
59892 (July 24, 2024).
5 See Large Residential Washers from Mexico, 89
FR 81940 (October 9, 2024) (ITC Final
Determination).
6 A ‘‘tub’’ is the part of the washer designed to
hold water.
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18:31 Oct 16, 2024
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all assembled baskets 7 designed for use
in large residential washers which
incorporate, at a minimum: (a) a side
wrapper; 8 (b) a base; and (c) a drive
hub; 9 and (4) any combination of the
foregoing subassemblies.
The products are currently classifiable
under subheadings 8450.20.0040 and
8450.20.0080 of the Harmonized Tariff
Schedule of the United States
(HTSUS).10 Products subject to this
Order may also enter under HTSUS
subheadings 8450.11.0040,
8450.11.0080, 8450.90.2000, and
8450.90.6000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to this scope is dispositive.11
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Order.
U.S. Customs and Border Protection will
continue to collect AD cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation
of the Order will be October 9, 2024.12
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
review of the Order not later than 30
days prior to fifth anniversary of the
date of the last determination by the
ITC.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to interested parties subject to
an 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
7 A ‘‘basket’’ (sometimes referred to as a ‘‘drum’’)
is the part of the washer designed to hold clothing
or other fabrics.
8 A ‘‘side wrapper’’ is the cylindrical part of the
basket that actually holds the clothing or other
fabrics.
9 A ‘‘drive hub’’ is the hub at the center of the
base that bears the load from the motor.
10 Large Residential Washers from the Republic of
Korea: Final Results of the Expedited First FiveYear Sunset Review of the Antidumping Duty
Order, 83 FR 21764 (May 10, 2018).
11 For a complete description of the Scope of the
Order, see Memorandum ‘‘Issues and Decision
Memorandum for the Final Results of First Sunset
Review of the Antidumping Duty Order on Large
Residential Washers from Mexico,’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
12 See ITC Final Determination.
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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
This five-year (sunset) review and this
notice are in accordance with sections
751(c) and 751(d)(2) of the Act and
published in accordance with section
777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: October 10, 2024.
Scot Fullerton,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–23916 Filed 10–16–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–848]
Truck and Bus Tires From Thailand:
Final Affirmative Determination of
Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain truck and bus tires from
Thailand are being, or are likely to be,
sold in the United States at less than fair
value (LTFV).
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Jonathan Schueler,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1537 or
(202) 482–9175, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 20, 2024, Commerce
published the Preliminary
Determination in the Federal Register.1
1 See Truck and Bus Tires from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, and
Postponement of Final Determination, 89 FR 43806
(May 20, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum
(PDM).
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We invited interested parties to
comment on the Preliminary
Determination. Bridgestone Corporation
(Bridgestone) and Prinx Chengshan Tire
(Thailand) Co., Ltd. (Prinx) are the
mandatory respondents in this
investigation. On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 The deadline for the final
determination is now October 9, 2024.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.3 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.
The products covered by this
investigation are truck and bus tires
from Thailand. For a full description of
the scope of this investigation, see
Appendix I.
Scope Comments
We received no comments from
interested parties on the scope of the
investigation as it appeared in the
Preliminary Determination. Therefore,
we made no changes to the scope of the
investigation.
Verification
ddrumheller on DSK120RN23PROD with NOTICES1
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in June and July 2024, we conducted
verification of the sales information and
cost information submitted by
Bridgestone and Prinx for use in our
final determination. We used standard
verification procedures, including an
examination of relevant sales and
accounting records, and original source
documents provided by Bridgestone and
Prinx.
2 See
Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Truck and Bus Tires from
Thailand,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
18:31 Oct 16, 2024
The issues raised in comments that
were submitted by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues addressed in the Issues and
Decision Memorandum is attached to
this notice at Appendix II.
Final Affirmative Determination of
Critical Circumstances, in Part
Commerce preliminarily determined,
in accordance with section 733(e)(1) of
the Act and 19 CFR 351.206(c)(1), that
critical circumstances did not exist with
respect to imports of truck and bus tires
exported by Bridgestone, Prinx, and all
other companies.4
For the final determination, pursuant
to section 735(a)(3)(B) of the Act and 19
CFR 351.206, we continue to find that
critical circumstances do not exist for
Prinx and all other companies, but that
critical circumstances do exist for
Bridgestone. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.
Changes Since the Preliminary
Determination
Scope of the Investigation
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Analysis of Comments Received
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As explained in the Issues and
Decision Memorandum, Commerce was
unable to verify the accuracy of
Bridgestone’s reporting with respect to
its sales data. As a consequence, we find
that Bridgestone’s reported sales data
are unverified and, thus, cannot serve as
a reliable basis for calculating an
accurate margin for Bridgestone in this
investigation. Furthermore, based on
our analysis of the comments received
and our findings at verification, we
made changes to Prinx’s dumping
margin. For a discussion of these
changes, see the Issues and Decision
Memorandum.
identified in the Petition, i.e., 48.39
percent.5
Additionally, due to findings at
verification related to certain of Prinx’s
reported sales expenses, we find it
appropriate to rely on AFA, in part, in
the calculation of its dumping margin
for the final determination. For further
discussion, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually examined shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and margins
determined entirely under section 776
of the Act.
For the final determination of this
investigation, Prinx was the only
individually examined exporter/
producer for which Commerce
calculated an individual estimated
weighted-average dumping margin.
Because Prinx’s dumping margin is the
only individually calculated dumping
margin that is not zero, de minimis, or
based entirely on facts otherwise
available, the estimated weightedaverage dumping margin calculated for
Prinx is the margin assigned to all other
producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Producer or exporter
Use of Adverse Facts Available
Because Bridgestone’s submitted data
could not be verified, we are unable to
use its data to calculate an accurate
dumping margin for the company.
Therefore, for this final determination
we find it appropriate to rely on facts
available with an adverse inference
(AFA) to assign Bridgestone an
estimated weighted-average dumping
margin, in accordance with sections
776(a) and (b) of the Act, and 19 CFR
351.308, because Bridgestone failed to
cooperate by not acting to the best of its
ability to comply with our requests for
information. In applying AFA, we
assigned Bridgestone the margin
4 See
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Preliminary Determination PDM at 20.
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83637
Bridgestone Corporation .............
Prinx Chengshan Tire (Thailand)
Co., Ltd ...................................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
48.39
12.33
12.33
Disclosure
Commerce intends to disclose the
calculations performed in connection
5 See Truck and Bus Tires from Thailand:
Initiation of Less-Than-Fair-Value Investigation, 88
FR 77960 (November 14, 2023); see also Checklist,
‘‘Antidumping Duty Investigation Initiation
Checklist: Truck and Bus Tires from Thailand,
dated November 6, 2023, at 7; Petitioner’s Letter,
‘‘Petition for the Imposition of Antidumping Duties
on Truck and Bus Tires from Thailand,’’ dated
October 17, 2023 (Petition), at Volume II; and
Petitioner’s Letter, ‘‘Petition Supplemental
Questions Response,’’ dated October 24, 2023.
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ddrumheller on DSK120RN23PROD with NOTICES1
with this final determination to
interested parties within five days of
any public announcement or, if there is
no public announcement, within five
days of the publication of the notice in
the Federal Register, in accordance with
19 CFR 351.224(b).
Suspension of Liquidation
Because the Preliminary
Determination was negative with
respect to Prinx, we did not instruct
U.S. Customs and Border Protection
(CBP) to suspend entries of subject
merchandise, as described in Appendix
I to this notice, from Prinx. In
accordance with section 735(c)(1)(C) of
the Act, we will now direct CBP to
suspend liquidation of all imports of the
subject merchandise from Prinx entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register, and to require the posting of a
cash deposit for such entries of
merchandise.
With respect to Bridgestone, section
733(e)(2) of the Act provides that, given
an affirmative determination of critical
circumstances, any suspension of
liquidation shall apply to unliquidated
entries of subject merchandise entered,
or withdrawn from warehouse, for
consumption on or after the later of: (a)
the date which is 90 days before the
date on which the suspension of
liquidation was first ordered; or (b) the
date on which notice of initiation of the
investigation was published. The
Preliminary Determination was
affirmative with respect to Bridgestone’s
sales at LTFV; however, Commerce
preliminarily determined that critical
circumstances did not exist for
Bridgestone. Accordingly, Commerce
ordered the suspension of liquidation
for Bridgestone’s entries of subject
merchandise from Thailand on May 20,
2024, the date of publication of the
Preliminary Determination in the
Federal Register. Therefore, as a result
of this final affirmative determination of
critical circumstances for Bridgestone,
pursuant to section 733(e)(2) of the Act,
we will now instruct CBP to suspend
liquidation of all entries of subject
merchandise from Bridgestone which
were entered, or withdrawn from
warehouse, for consumption on or after
February 20, 2024, which is 90 days
prior to the publication of the
Preliminary Determination.
Finally, with respect to all other
companies, in accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend
liquidation of all appropriate entries of
subject merchandise from Thailand, as
described in Appendix I to this notice,
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18:31 Oct 16, 2024
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entered, or withdrawn from warehouse,
for consumption on or after May 20,
2024, the date of publication of
Preliminary Determination in the
Federal Register. These suspension-ofliquidation instructions will remain in
effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), where
appropriate, Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
final determination; (2) if the exporter is
not a respondent identified above but
the producer is, then the cash deposit
rate will be equal to the companyspecific estimated weighted-average
dumping margin established for that
producer of the subject merchandise;
and (3) the cash deposit rate for all other
producers and exporters will be equal to
the all-others estimated weightedaverage dumping margin.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of truck and bus tires from
Thailand, no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposits posted
will be refunded and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Order (APO)
This notice will serve as a final
reminder to the parties subject to an
APO of their responsibility concerning
the disposition of proprietary
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information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: October 9, 2024.
Scot Fullerton,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The scope of the investigation covers truck
and bus tires. Truck and bus tires are new
pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires
covered by the scope may be tube-type,
tubeless, radial, or non-radial (also known as
bias construction or bias-ply). Subject tires
have, at the time of importation, the symbol
‘‘DOT’’ on the sidewall, certifying that the
tire conforms to applicable motor vehicle
safety standards. Subject tires may also have
one of the following suffixes in their tire size
designation, which also appear on the
sidewall of the tire:
TR—Identifies tires for service on trucks or
buses to differentiate them from similarly
sized passenger car and light truck tires; and
HC—Identifies a 17.5 inch rim diameter
code for use on low platform trailers.
All tires with a ‘‘TR’’ or ‘‘HC’’ suffix in
their size designations are covered by the
scope regardless of their intended use.
In addition, all tires that lack one of the
above suffix markings are included in the
scope, as well as all tires that include any
other prefix or suffix in their sidewall
markings, are included in the scope,
regardless of their intended use, as long as
the tire is of a size that fits trucks or busses.
Sizes that fit trucks and busses include, but
are not limited to, the numerical size
designations listed in the ‘‘Truck-Bus’’
section of the Tire and Rim Association Year
Book, as updated annually. The scope
includes all tires that are of a size that fits
trucks or busses, unless the tire falls within
one of the specific exclusions set out below.
Truck and bus tires, whether or not
mounted on wheels or rims, are included in
the scope. However, if a subject tire is
imported mounted on a wheel or rim, only
the tire is covered by the scope. Subject
merchandise includes truck and bus tires
produced in the subject country whether
mounted on wheels or rims in the subject
country or in a third country. Truck and bus
tires are covered whether or not they are
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus
tires that enter attached to a vehicle are not
covered by the scope.
Specifically excluded from the scope are
the following types of tires: (1) pneumatic
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tires, of rubber, that are not new, including
recycled and retreaded tires; (2) nonpneumatic tires, such as solid rubber tires;
and (3) tires that exhibit each of the following
physical characteristics: (a) the designation
‘‘MH’’ is molded into the tire’s sidewall as
part of the size designation; (b) the tire
incorporates a warning, prominently molded
on the sidewall, that the tire is for ‘‘Mobile
Home Use Only;’’ and (c) the tire is of bias
construction (also known as non-radial
construction) as evidenced by the fact that
the construction code included in the size
designation molded into the tire’s sidewall is
not the letter ‘‘R.’’
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1015 and
4011.20.5020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.90.1010, 4011.90.1050, 4011.90.2010,
4011.90.2050, 4011.90.8010, 4011.90.8050,
8708.70.4530, 8708.70.4546, 8708.70.4548,
8708.70.4560, 8708.70.6030, 8708.70.6045,
8708.70.6060, and 8716.90.5059.
While HTSUS subheadings are provided
for convenience and for customs purposes,
the written description of the subject
merchandise is dispositive.
Appendix II
ddrumheller on DSK120RN23PROD with NOTICES1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of
Critical Circumstances, in Part
IV. Changes from the Preliminary
Determination
V. Application of Facts Available and Use of
Adverse Inferences
VI. Discussion of the Issues
Comment 1: Treatment of Certain of
Bridgestone’s Sales Information and
Sales Expenses Based on Commerce’s
Findings at Verification and Whether
Commerce Should Apply Adverse Facts
Available (AFA) to Bridgestone
Comment 2: Whether Commerce Should
Adjust Bridgestone’s Normal Value (NV)
to Include Home Market (HM) Rebates
Comment 3: Whether Commerce Should
Apply Total AFA to Prinx
Comment 4: Whether Commerce Should
Apply Partial AFA to Certain of Prinx’s
Sales Expenses
Comment 5: Whether Commerce Should
Use Bridgestone’s Constructed Export
Price (CEP) Profit to Calculate Prinx’s
CEP Profit Rate
Comment 6: Whether Commerce Should
Rely on Bridgestone’s Reported Data for
Use in Prinx’s Constructed Value (CV)
Profit and Indirect Selling Expenses
Comment 7: Whether Prinx’s U.S.
Warranty Expenses, WARRU, Should Be
Applied to Prinx’s CEP Sales
Comment 8: Whether Commerce Should
Use the Cohen’s d Test
VII. Recommendation
[FR Doc. 2024–23917 Filed 10–16–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–126]
Non-Refillable Steel Cylinders From
the People’s Republic of China: Final
Results and Partial Rescission of the
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on nonrefillable steel cylinders (non-refillable
cylinders) from the People’s Republic of
China (China). We determine that Wuyi
Xilinde Machinery Manufacture Co.,
Ltd. (Wuyi Xilinde) made sales at less
than normal value (NV) during the
period of review (POR) May 1, 2022,
through April 30, 2023. Additionally,
Commerce is rescinding this
administrative review with respect to
Ningbo Eagle Machinery & Technology
Co., Ltd. (Ningbo Eagle).
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 6, 2024, Commerce published
the Preliminary Results of this review in
the Federal Register and invited
interested parties to comment on those
results.1 On July 8, 2024, we received a
case brief from Wuyi Xilinde.2 No other
party to this proceeding submitted a
case or rebuttal brief. On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for these final
results is now October 11, 2024. For a
complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
1 See Non-Refillable Steel Cylinders from the
People’s Republic of China: Preliminary Results,
Partial Rescission, and Intent To Rescind, in Part,
of the Antidumping Duty Administrative Review;
2022–2023, 89 FR 48370 (June 6, 2024) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Wuyi Xilinde’s Case Brief, ‘‘Wuyi Xilinde’s
Case Brief,’’ dated July 8, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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Memorandum.4 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 5
The products covered by this Order
are non-refillable steel cylinders from
China. For a complete description of the
scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
The issue raised by Wuyi Xilinde in
its case brief is listed in the appendix to
this notice and addressed in the Issues
and Decision Memorandum. 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 at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of
the comment received from Wuyi
Xilinde, we made one change to the
Preliminary Results margin calculation
for the respondent.6
Rescission of Review, in Part
In the Preliminary Results, Commerce
rescinded the review, in part, with
respect to two firms identified in the
Initiation Notice: 7 Sanjiang Kai Yuan
Co. Ltd. (SKY), in accordance with 19
CFR 351.213(d)(1), and Zhejiang KinShine Technology Co., Ltd. (Kin-Shine),
in accordance with 19 CFR
351.213(d)(3). For a third firm identified
in the Initiation Notice, Ningbo Eagle,
the Preliminary Results notified all
interested parties of Commerce’s
preliminary intent to rescind this
administrative review for this firm due
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of Non-Refillable Steel
Cylinders from the People’s Republic of China;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
5 See Certain Non-Refillable Steel Cylinders from
the People’s Republic of China: Amended Final
Antidumping Duty Determination and
Antidumping Duty and Countervailing Duty Orders,
86 FR 25839 (May 11, 2021) (Order).
6 See Memorandum, ‘‘Analysis for the Final
Results of the Administrative Review of NonRefillable Steel Cylinders from the People’s
Republic of China,’’ dated concurrently with this
notice.
7 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262 (July 12, 2023).
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83636-83639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23917]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-848]
Truck and Bus Tires From Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain truck and bus tires from Thailand are being, or are likely to
be, sold in the United States at less than fair value (LTFV).
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Jonathan Schueler,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 20, 2024, Commerce published the Preliminary Determination
in the Federal Register.\1\
[[Page 83637]]
We invited interested parties to comment on the Preliminary
Determination. Bridgestone Corporation (Bridgestone) and Prinx
Chengshan Tire (Thailand) Co., Ltd. (Prinx) are the mandatory
respondents in this investigation. On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
The deadline for the final determination is now October 9, 2024.
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\1\ See Truck and Bus Tires from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances, and
Postponement of Final Determination, 89 FR 43806 (May 20, 2024)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\3\ 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Truck and Bus Tires from Thailand,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are truck and bus tires
from Thailand. For a full description of the scope of this
investigation, see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in June and July 2024, we conducted verification of the
sales information and cost information submitted by Bridgestone and
Prinx for use in our final determination. We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by Bridgestone and
Prinx.
Analysis of Comments Received
The issues raised in comments that were submitted by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues addressed in the Issues and Decision Memorandum is
attached to this notice at Appendix II.
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances did not exist with respect to imports of truck and bus
tires exported by Bridgestone, Prinx, and all other companies.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Determination PDM at 20.
---------------------------------------------------------------------------
For the final determination, pursuant to section 735(a)(3)(B) of
the Act and 19 CFR 351.206, we continue to find that critical
circumstances do not exist for Prinx and all other companies, but that
critical circumstances do exist for Bridgestone. For a full description
of the methodology and results of Commerce's critical circumstances
analysis, see the Issues and Decision Memorandum.
Changes Since the Preliminary Determination
As explained in the Issues and Decision Memorandum, Commerce was
unable to verify the accuracy of Bridgestone's reporting with respect
to its sales data. As a consequence, we find that Bridgestone's
reported sales data are unverified and, thus, cannot serve as a
reliable basis for calculating an accurate margin for Bridgestone in
this investigation. Furthermore, based on our analysis of the comments
received and our findings at verification, we made changes to Prinx's
dumping margin. For a discussion of these changes, see the Issues and
Decision Memorandum.
Use of Adverse Facts Available
Because Bridgestone's submitted data could not be verified, we are
unable to use its data to calculate an accurate dumping margin for the
company. Therefore, for this final determination we find it appropriate
to rely on facts available with an adverse inference (AFA) to assign
Bridgestone an estimated weighted-average dumping margin, in accordance
with sections 776(a) and (b) of the Act, and 19 CFR 351.308, because
Bridgestone failed to cooperate by not acting to the best of its
ability to comply with our requests for information. In applying AFA,
we assigned Bridgestone the margin identified in the Petition, i.e.,
48.39 percent.\5\
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\5\ See Truck and Bus Tires from Thailand: Initiation of Less-
Than-Fair-Value Investigation, 88 FR 77960 (November 14, 2023); see
also Checklist, ``Antidumping Duty Investigation Initiation
Checklist: Truck and Bus Tires from Thailand, dated November 6,
2023, at 7; Petitioner's Letter, ``Petition for the Imposition of
Antidumping Duties on Truck and Bus Tires from Thailand,'' dated
October 17, 2023 (Petition), at Volume II; and Petitioner's Letter,
``Petition Supplemental Questions Response,'' dated October 24,
2023.
---------------------------------------------------------------------------
Additionally, due to findings at verification related to certain of
Prinx's reported sales expenses, we find it appropriate to rely on AFA,
in part, in the calculation of its dumping margin for the final
determination. For further discussion, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually examined shall be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and margins determined entirely under
section 776 of the Act.
For the final determination of this investigation, Prinx was the
only individually examined exporter/producer for which Commerce
calculated an individual estimated weighted-average dumping margin.
Because Prinx's dumping margin is the only individually calculated
dumping margin that is not zero, de minimis, or based entirely on facts
otherwise available, the estimated weighted-average dumping margin
calculated for Prinx is the margin assigned to all other producers and
exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Bridgestone Corporation..................................... 48.39
Prinx Chengshan Tire (Thailand) Co., Ltd.................... 12.33
All Others.................................................. 12.33
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection
[[Page 83638]]
with this final determination to interested parties within five days of
any public announcement or, if there is no public announcement, within
five days of the publication of the notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because the Preliminary Determination was negative with respect to
Prinx, we did not instruct U.S. Customs and Border Protection (CBP) to
suspend entries of subject merchandise, as described in Appendix I to
this notice, from Prinx. In accordance with section 735(c)(1)(C) of the
Act, we will now direct CBP to suspend liquidation of all imports of
the subject merchandise from Prinx entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register, and to require the posting of a cash
deposit for such entries of merchandise.
With respect to Bridgestone, section 733(e)(2) of the Act provides
that, given an affirmative determination of critical circumstances, any
suspension of liquidation shall apply to unliquidated entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the later of: (a) the date which is 90 days
before the date on which the suspension of liquidation was first
ordered; or (b) the date on which notice of initiation of the
investigation was published. The Preliminary Determination was
affirmative with respect to Bridgestone's sales at LTFV; however,
Commerce preliminarily determined that critical circumstances did not
exist for Bridgestone. Accordingly, Commerce ordered the suspension of
liquidation for Bridgestone's entries of subject merchandise from
Thailand on May 20, 2024, the date of publication of the Preliminary
Determination in the Federal Register. Therefore, as a result of this
final affirmative determination of critical circumstances for
Bridgestone, pursuant to section 733(e)(2) of the Act, we will now
instruct CBP to suspend liquidation of all entries of subject
merchandise from Bridgestone which were entered, or withdrawn from
warehouse, for consumption on or after February 20, 2024, which is 90
days prior to the publication of the Preliminary Determination.
Finally, with respect to all other companies, in accordance with
section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue
to suspend liquidation of all appropriate entries of subject
merchandise from Thailand, as described in Appendix I to this notice,
entered, or withdrawn from warehouse, for consumption on or after May
20, 2024, the date of publication of Preliminary Determination in the
Federal Register. These suspension-of-liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent identified above
but the producer is, then the cash deposit rate will be equal to the
company-specific estimated weighted-average dumping margin established
for that producer of the subject merchandise; and (3) the cash deposit
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
Commerce's final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of truck and bus
tires from Thailand, no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded and suspension of liquidation will be lifted. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order (APO)
This notice will serve as a final reminder to the parties subject
to an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: October 9, 2024.
Scot Fullerton,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of the investigation covers truck and bus tires. Truck
and bus tires are new pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires covered by the scope may
be tube-type, tubeless, radial, or non-radial (also known as bias
construction or bias-ply). Subject tires have, at the time of
importation, the symbol ``DOT'' on the sidewall, certifying that the
tire conforms to applicable motor vehicle safety standards. Subject
tires may also have one of the following suffixes in their tire size
designation, which also appear on the sidewall of the tire:
TR--Identifies tires for service on trucks or buses to
differentiate them from similarly sized passenger car and light
truck tires; and
HC--Identifies a 17.5 inch rim diameter code for use on low
platform trailers.
All tires with a ``TR'' or ``HC'' suffix in their size
designations are covered by the scope regardless of their intended
use.
In addition, all tires that lack one of the above suffix
markings are included in the scope, as well as all tires that
include any other prefix or suffix in their sidewall markings, are
included in the scope, regardless of their intended use, as long as
the tire is of a size that fits trucks or busses. Sizes that fit
trucks and busses include, but are not limited to, the numerical
size designations listed in the ``Truck-Bus'' section of the Tire
and Rim Association Year Book, as updated annually. The scope
includes all tires that are of a size that fits trucks or busses,
unless the tire falls within one of the specific exclusions set out
below.
Truck and bus tires, whether or not mounted on wheels or rims,
are included in the scope. However, if a subject tire is imported
mounted on a wheel or rim, only the tire is covered by the scope.
Subject merchandise includes truck and bus tires produced in the
subject country whether mounted on wheels or rims in the subject
country or in a third country. Truck and bus tires are covered
whether or not they are accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter
attached to a vehicle are not covered by the scope.
Specifically excluded from the scope are the following types of
tires: (1) pneumatic
[[Page 83639]]
tires, of rubber, that are not new, including recycled and retreaded
tires; (2) non-pneumatic tires, such as solid rubber tires; and (3)
tires that exhibit each of the following physical characteristics:
(a) the designation ``MH'' is molded into the tire's sidewall as
part of the size designation; (b) the tire incorporates a warning,
prominently molded on the sidewall, that the tire is for ``Mobile
Home Use Only;'' and (c) the tire is of bias construction (also
known as non-radial construction) as evidenced by the fact that the
construction code included in the size designation molded into the
tire's sidewall is not the letter ``R.''
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1015 and 4011.20.5020. Tires meeting the scope description
may also enter under the following HTSUS subheadings: 4011.90.1010,
4011.90.1050, 4011.90.2010, 4011.90.2050, 4011.90.8010,
4011.90.8050, 8708.70.4530, 8708.70.4546, 8708.70.4548,
8708.70.4560, 8708.70.6030, 8708.70.6045, 8708.70.6060, and
8716.90.5059.
While HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise
is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, in
Part
IV. Changes from the Preliminary Determination
V. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Issues
Comment 1: Treatment of Certain of Bridgestone's Sales
Information and Sales Expenses Based on Commerce's Findings at
Verification and Whether Commerce Should Apply Adverse Facts
Available (AFA) to Bridgestone
Comment 2: Whether Commerce Should Adjust Bridgestone's Normal
Value (NV) to Include Home Market (HM) Rebates
Comment 3: Whether Commerce Should Apply Total AFA to Prinx
Comment 4: Whether Commerce Should Apply Partial AFA to Certain
of Prinx's Sales Expenses
Comment 5: Whether Commerce Should Use Bridgestone's Constructed
Export Price (CEP) Profit to Calculate Prinx's CEP Profit Rate
Comment 6: Whether Commerce Should Rely on Bridgestone's
Reported Data for Use in Prinx's Constructed Value (CV) Profit and
Indirect Selling Expenses
Comment 7: Whether Prinx's U.S. Warranty Expenses, WARRU, Should
Be Applied to Prinx's CEP Sales
Comment 8: Whether Commerce Should Use the Cohen's d Test
VII. Recommendation
[FR Doc. 2024-23917 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P
