Passenger Vehicle and Light Truck Tires From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2022-2023, 19673-19675 [2025-08205]
Download as PDF
Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the company listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously investigated or
reviewed companies not listed above,
the cash deposit rate will continue to be
the company-specific cash deposit rate
published for the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the producer is, then
the cash deposit rate will be the cash
deposit rate established for the most
recently completed segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will continue to
be 5.41 percent, the all-others rate
established in the LTFV investigation.8
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 2, 2025.
Christopher Abbott,
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. Discussion of the Issues
Comment 1: Whether Commerce Should
Reconsider its Selected Constructed
Value (CV) Profit and Selling Expense
Data
Comment 2: Whether to Adjust Dongkuk’s
Conversion Costs
Comment 3: Dongkuk’s General and
Administrative (G&A) Expense Ratio
Calculation
V. Recommendation
[FR Doc. 2025–08164 Filed 5–8–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–908]
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 duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
lotter on DSK11XQN23PROD with NOTICES1
Administrative Protective Order (APO)
This notice serves as the only
reminder to 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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
8 See
Order, 85 FR 52547.
VerDate Sep<11>2014
17:11 May 08, 2025
Jkt 265001
Passenger Vehicle and Light Truck
Tires From the Republic of Korea:
Final Results 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) determines that
Hankook Tire & Technology Co. Ltd.
(Hankook) and Nexen Tire Corporation
(Nexen) made sales of passenger vehicle
and light truck tires from the Republic
of Korea (Korea) at prices below normal
value (NV) during the period of review
(POR), July 1, 2022, through June 30,
2023.
AGENCY:
DATES:
Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo and Jun Jack Zhao,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3797
and (202) 482–1396, respectively.
SUPPLEMENTARY INFORMATION:
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19673
Background
On August 9, 2024, Commerce
published the Preliminary Results in the
Federal Register and invited comments
from interested parties.1 On December
4, 2024, Commerce extended the
deadline for these final results by 60
days to February 5, 2025, in accordance
with section 751(2)(3)(A) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.213(h)(2).2 On December 9,
2024, Commerce tolled the deadline to
issue the final results in this
administrative review by 90 days.3
Accordingly, the deadline for these final
results is now May 6, 2025. For details
regarding the events that occurred since
the Preliminary Results, see the Issues
and Decision Memorandum.4
Scope of the Order 5
The merchandise covered by the
Order is passenger vehicle and light
truck tires from Korea. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.6
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs by interested
parties to this administrative review in
the Issues and Decision Memorandum.
For a list of the issues raised by parties,
see 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.
1 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2022–
2023, 89 FR 65328 (August 9, 2024) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated December 4, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review:
Passenger Vehicle and Light Truck Tires from the
Republic of Korea; 2022–2023,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
5 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, and Thailand:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
6 See Issues and Decision Memorandum.
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19674
Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties, we made certain changes to the
margin calculations for Hankook and
Nexen for these final results of review.
As a result of these changes, the
weighted-average dumping margin
changed for the company subject to this
review, but not selected for individual
examination. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Rate for Non-Examined Companies
The Act and Commerce’s regulations
do not address the establishment of a
weighted-average dumping margin to be
determined for companies 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 a lessthan-fair-value (LTFV) investigation, for
guidance when determining the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review.
Section 735(c)(5)(A) of the Act
provides that Commerce will base the
all-others rate on the weighted average
of the estimated weighted-average
dumping margins calculated for the
individually examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. Where the estimated
weighted-average dumping margin for
each of the individually examined
companies is 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 estimated allothers rate for exporters and producers
not individually investigated, including
averaging the estimated weightedaverage dumping margins determined
for the exporters and producers
individually investigated.’’
In this review, we calculated
weighted-average dumping margins for
Hankook and Nexen are not zero, de
minimis, or based entirely on facts
otherwise available. Therefore, we have
assigned to the non-examined company,
Kumho Tire Co., Inc., a rate equal to the
weighted average of the weightedaverage dumping margins calculated for
Hankook and Nexen, consistent with the
guidance in section 735(c)(5)(A) of the
Act.7
7 See Memorandum, ‘‘Final Results of the
Antidumping Duty Administrative Review of
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17:11 May 08, 2025
Jkt 265001
Final Results of Review
As a result of this review, Commerce
determines that the following estimated
weighted-average dumping margins
exist for the period July 1, 2022, through
June 30, 2023:
Producer or exporter
Hankook Tire & Technology Co.,
Ltd., Hankook Tire Mfg Co.
Ltd., and Hankook Tire Co.,
Ltd.8 .........................................
Nexen Tire Corporation ..............
Kumho Tire Co., Inc ...................
Weightedaverage
dumping
margin
(percent)
4.64
4.09
4.37
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after the date of
publication in the Federal Register of
these final results of review, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.9
Because the weighted-average
dumping margins for Hankook and
Nexen are not zero or de minimis (i.e.,
less than 0.5 percent), we calculated
importer-specific ad valorem
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales for each importer
to the total entered value of the same
sales. Where an importer-specific rate is
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by an
Passenger Vehicles and Light Truck Tires from the
Republic of Korea: Rate for Non-Examined
Companies,’’ dated concurrently with this notice.
8 In the LTFV investigation, Commerce
determined that Hankook Tire Mfg. Co., Ltd. and
Hankook Tire Co., Ltd. are alternative names for
Hankook Tire & Technology Co. Ltd. See Passenger
Vehicle and Light Truck Tires from the Republic of
Korea: Preliminary Affirmative Determination of
Sales at Less than Fair Value, Postponement of
Final Determination and Extension of Provisional
Measures, 86 FR 501 (January 6, 2021), and
accompanying PDM at 2 (n. 9).
9 In these final results, Commerce applied the
assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Fmt 4703
Sfmt 4703
individually examined respondent for
which it did not know its merchandise
was destined for the United States, we
intend to instruct CBP to liquidate such
entries at the all-others rate (i.e., 21.74
percent) 10 if there is no rate for the
intermediate company(ies) involved in
the transaction.11
For Kumho Tire Co., Inc., the
assessment rate for antidumping duties
will be equal to the weighted-average
dumping margin in the final results of
review. If the weighted-average
dumping margin is zero or de minimis
in the final results of review, then we
will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
administrative 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).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review in the Federal
Register, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the exporters listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if the rate is zero or de minimis, then no
cash deposit will be required); (2) for
previously reviewed or investigated
exporters not listed above, the cash
deposit rate will continue to be the
company-specific cash deposit rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, a prior review, or the LTFV
investigation, but the producer is, the
cash deposit rate will be equal to the
weighted-average dumping margin
established for these final results or the
most recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
10 See
Order, 86 FR at 38012.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 For
E:\FR\FM\09MYN1.SGM
09MYN1
Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices
VI. Recommendation
exporters will continue to be 21.74
percent, the all-others rate established
in the less-than-fair value
investigation.12
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
[FR Doc. 2025–08205 Filed 5–8–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notification to Importers
This notice serves as the final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping 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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(2) and 19 CFR
351.221(b)(5).
Dated: May 5, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Commerce’s Use of the
Cohen’s d Test
Comment 2: Hankook’s Affiliated-Party
Sales in the Home Market
Comment 3: Hankook’s Name
Comment 4: Nexen’s Sale Dates
Comment 5: Nexen’s Level of Trade
12 See
Order, 86 FR at 38012.
VerDate Sep<11>2014
17:11 May 08, 2025
Jkt 265001
[A–570–932]
Certain Steel Threaded Rod From the
People’s Republic of China: Final
Results of the Expedited Third Sunset
Review of the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on certain steel threaded rod
(steel threaded rod) from the People’s
Republic of China (China) would be
likely to lead to continuation or
recurrence of dumping, at the levels
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT:
Karina Holbrook, Trade Agreements
Policy and Negotiations, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8192.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 3, 2025, Commerce
published the notice of initiation of the
third five-year review of the Order,1
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 On
February 19, 2025, Commerce received
a notice of intent to participate in this
review from Vulcan Threaded Products,
Inc. (the petitioner), pursuant to 19 CFR
351.218(d)(1)(i).3 The petitioner claimed
interested party status under section
771(9)(C) of the Act, as a manufacturer
of a domestic like product in the United
States.4
On March 5, 2024, the petitioner filed
an adequate substantive response within
the deadline specified in 19 CFR
1 See Certain Steel Threaded Rod from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 17154 (April 14, 2009) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 90
FR 8789 (February 3, 2025).
3 See Petitioner’s Letter, ‘‘Five-Year (Sunset)
Review of the Antidumping Duty Order on Steel
Threaded Rod from the People’s Republic of
China—Petitioner’s Notice of Intent to Participate,’’
dated February 19, 2025.
4 Id. at 2.
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19675
351.218(d)(3)(i).5 Commerce did not
receive a substantive response from any
respondent interested party, nor was a
hearing requested. On March 21, 2025,
Commerce notified the U.S.
International Trade Commission (ITC)
that it did not receive an adequate
substantive response from respondent
interested parties.6 As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order.
Scope of the Orders
The merchandise covered by this
Order is steel threaded rod from China.
For the full description of the scope of
the Order, see the Issues and Decisions
Memorandum.7
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of dumping in the event of
revocation of the Order and the
magnitude of the margins likely to
prevail if the Order were to be revoked,
is provided in the Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is attached 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 directly accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1),
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would be likely to lead to continuation
or recurrence of dumping, and that the
magnitude of the dumping margins
likely to prevail would be weighted5 See Petitioner’s Letter, ‘‘Five-Year (Sunset)
Review of the Antidumping Duty Order on Steel
Threaded Rod from the People’s Republic of
China—Petitioner’s Substantive Response to Notice
of Initiation,’’ dated March 5, 2025.
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on February 3, 2025,’’ dated March 21,
2025.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Third Sunset Reviews of the Antidumping Duty
Order on Certain Steel Threaded Rod from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Agencies
[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19673-19675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08205]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-908]
Passenger Vehicle and Light Truck Tires From the Republic of
Korea: Final Results of the Antidumping Duty Administrative Review;
2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Hankook Tire & Technology Co. Ltd. (Hankook) and Nexen Tire Corporation
(Nexen) made sales of passenger vehicle and light truck tires from the
Republic of Korea (Korea) at prices below normal value (NV) during the
period of review (POR), July 1, 2022, through June 30, 2023.
DATES: Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo and Jun Jack Zhao,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3797
and (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2024, Commerce published the Preliminary Results in
the Federal Register and invited comments from interested parties.\1\
On December 4, 2024, Commerce extended the deadline for these final
results by 60 days to February 5, 2025, in accordance with section
751(2)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213(h)(2).\2\ On December 9, 2024, Commerce tolled the deadline
to issue the final results in this administrative review by 90 days.\3\
Accordingly, the deadline for these final results is now May 6, 2025.
For details regarding the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2022-2023, 89 FR 65328 (August 9, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 4, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Passenger Vehicle and Light Truck Tires from the Republic of Korea;
2022-2023,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and
Amended Final Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is passenger vehicle and light
truck tires from Korea. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
interested parties to this administrative review in the Issues and
Decision Memorandum. For a list of the issues raised by parties, see
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.
[[Page 19674]]
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for Hankook and Nexen for these final results of review. As a result of
these changes, the weighted-average dumping margin changed for the
company subject to this review, but not selected for individual
examination. For a discussion of these changes, see the Issues and
Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be determined for companies 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 a
less-than-fair-value (LTFV) investigation, for guidance when
determining the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review.
Section 735(c)(5)(A) of the Act provides that Commerce will base
the all-others rate on the weighted average of the estimated weighted-
average dumping margins calculated for the individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available. Where the estimated weighted-average
dumping margin for each of the individually examined companies is 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 estimated all-others rate for exporters and producers not
individually investigated, including averaging the estimated weighted-
average dumping margins determined for the exporters and producers
individually investigated.''
In this review, we calculated weighted-average dumping margins for
Hankook and Nexen are not zero, de minimis, or based entirely on facts
otherwise available. Therefore, we have assigned to the non-examined
company, Kumho Tire Co., Inc., a rate equal to the weighted average of
the weighted-average dumping margins calculated for Hankook and Nexen,
consistent with the guidance in section 735(c)(5)(A) of the Act.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Final Results of the Antidumping Duty
Administrative Review of Passenger Vehicles and Light Truck Tires
from the Republic of Korea: Rate for Non-Examined Companies,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, Commerce determines that the following
estimated weighted-average dumping margins exist for the period July 1,
2022, through June 30, 2023:
---------------------------------------------------------------------------
\8\ In the LTFV investigation, Commerce determined that Hankook
Tire Mfg. Co., Ltd. and Hankook Tire Co., Ltd. are alternative names
for Hankook Tire & Technology Co. Ltd. See Passenger Vehicle and
Light Truck Tires from the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less than Fair Value,
Postponement of Final Determination and Extension of Provisional
Measures, 86 FR 501 (January 6, 2021), and accompanying PDM at 2 (n.
9).
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
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Hankook Tire & Technology Co., Ltd., Hankook Tire Mfg Co. 4.64
Ltd., and Hankook Tire Co., Ltd.\8\........................
Nexen Tire Corporation...................................... 4.09
Kumho Tire Co., Inc......................................... 4.37
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after the date of publication in the
Federal Register of these final results of review, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.\9\
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\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Because the weighted-average dumping margins for Hankook and Nexen
are not zero or de minimis (i.e., less than 0.5 percent), we calculated
importer-specific ad valorem assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales for each
importer to the total entered value of the same sales. Where an
importer-specific rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e., 21.74
percent) \10\ if there is no rate for the intermediate company(ies)
involved in the transaction.\11\
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\10\ See Order, 86 FR at 38012.
\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For Kumho Tire Co., Inc., the assessment rate for antidumping
duties will be equal to the weighted-average dumping margin in the
final results of review. If the weighted-average dumping margin is zero
or de minimis in the final results of review, then we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review in the Federal Register, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for the exporters listed above will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is zero or de minimis, then no cash deposit will
be required); (2) for previously reviewed or investigated exporters not
listed above, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the LTFV investigation, but the producer is, the cash deposit rate will
be equal to the weighted-average dumping margin established for these
final results or the most recently completed segment of this proceeding
for the producer of the subject merchandise; and (4) the cash deposit
rate for all other producers or
[[Page 19675]]
exporters will continue to be 21.74 percent, the all-others rate
established in the less-than-fair value investigation.\12\
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\12\ See Order, 86 FR at 38012.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as the final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping 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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(5).
Dated: May 5, 2025.
Abdelali Elouaradia,
Deputy 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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Commerce's Use of the Cohen's d Test
Comment 2: Hankook's Affiliated-Party Sales in the Home Market
Comment 3: Hankook's Name
Comment 4: Nexen's Sale Dates
Comment 5: Nexen's Level of Trade
VI. Recommendation
[FR Doc. 2025-08205 Filed 5-8-25; 8:45 am]
BILLING CODE 3510-DS-P