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 |
|---|
|
Ronald K. Lorentzen
Department of Commerce
August 10, 2015
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47902-47907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19615]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016, C-570-017]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on certain passenger vehicle and light
truck tires (passenger tires) from the People's Republic of China (the
PRC). Also, as explained in this notice, the Department is amending its
final affirmative CVD determination to correct the rate assigned to
Shandong Yongsheng Rubber Group Co., Ltd. (Yongsheng). In addition, the
Department is amending the final affirmative AD determination to
correct the rate assigned to the GITI companies \1\ and to the separate
rate companies.
---------------------------------------------------------------------------
\1\ Giti Tire Global Trading Pte. Ltd., GITI Radial Tire (Anhui)
Company Ltd., GITI Tire (Fujian) Company Ltd., GITI Tire (Hualin)
Company Ltd., and GITI Tire (USA) Ltd.
---------------------------------------------------------------------------
DATES: Effective date: August 10, 2015.
FOR FURTHER INFORMATION CONTACT: Emily Halle at (202) 482-0176 (CVD);
or Toni Page at (202) 482-1398 (AD), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2015, with respect to passenger tires from the PRC,\2\
the Department published its final affirmative determination of sales
at less than fair value (LTFV) and its final affirmative determination
that countervailable subsidies are being provided to producers and
exporters of passenger tires from the PRC.\3\ On August 3, 2015,
pursuant to sections 735(d) and 705(d) of the Tariff Act of 1930, as
amended (the Act), the ITC notified the Department of its affirmative
final determination that an industry in the United States is materially
injured within the meaning of sections 735(b)(1)(A)(i) and
705(b)(1)(A)(i) of the Act by reason of LTFV imports and subsidized
imports of subject merchandise from the PRC, and its determination that
critical circumstances do not exist with respect to imports of subject
merchandise from the PRC that are subject to the Department's
affirmative critical circumstances finding.\4\
---------------------------------------------------------------------------
\2\ See Antidumping Duty Investigation of Certain Passenger
Vehicle and Light Truck Tires From the People's Republic of China:
Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, In Part, 80 FR
34893 (June 18, 2015) (AD Final Determination).
\3\ See Countervailing Duty Investigation of Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China:
Final Affirmative Determination, and Final Affirmative Critical
Circumstances Determination, in Part, 80 FR 34888 (June 18, 2015)
(CVD Final Determination).
\4\ See ITC Notification Letter to the Deputy Assistant
Secretary for Enforcement and Compliance referencing ITC
Investigation Nos. 701-TA-522 and 731-TA-1258 (August 3, 2015) (ITC
Notification).
---------------------------------------------------------------------------
Scope of the Orders
The scope of these orders is passenger vehicle and light truck
tires. Passenger vehicle and light truck tires are new pneumatic tires,
of rubber, with a passenger vehicle or light truck size designation.
Tires covered by these orders may be tube-type, tubeless, radial, or
non-radial, and they may be intended for sale to original equipment
manufacturers or the replacement market.
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 the following
prefixes or suffix in their tire size designation, which also appears
on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger
cars.
LT--Identifies a tire intended primarily for service on light
trucks.
Suffix letter designations:
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal highway
service.
All tires with a ``P'' or ``LT'' prefix, and all tires with an
``LT'' suffix in their sidewall markings are covered by this
investigation regardless of their intended use.
In addition, all tires that lack a ``P'' or ``LT'' prefix or suffix
in their sidewall markings, 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
is among the numerical size designations listed in the passenger car
section or light truck section of the Tire and Rim Association Year
Book, as updated annually, unless the tire falls within one of the
specific exclusions set out below.
Passenger vehicle and light truck tires, whether or not attached to
wheels or rims, are included in the scope. However, if a subject tire
is imported attached to a wheel or rim, only the tire is covered by the
scope.
Specifically excluded from the scope are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT'' on
the sidewall and may be marked with ``ZR'' in size designation;
(2) new pneumatic tires, of rubber, of a size that is not listed in
the passenger car section or light truck section of the Tire and Rim
Association Year Book;
(3) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(4) non-pneumatic tires, such as solid rubber tires;
(5) tires designed and marketed exclusively as temporary use spare
tires for passenger vehicles which, in addition, exhibit each of the
following physical characteristics:
(a) The size designation and load index combination molded on the
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for
Temporary Use on Passenger Vehicles) of the Tire and Rim Association
Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed is 81 MPH or a ``M'' rating;
(6) tires designed and marketed exclusively for specialty tire (ST)
use which, in addition, exhibit each of the following conditions:
(a) The size designation molded on the tire's sidewall is listed in
the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
[[Page 47903]]
(d) the load index molded on the tire's sidewall meets or exceeds
those load indexes listed in the Tire and Rim Association Year Book for
the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed does not exceed 81 MPH or an
``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or an
``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for any
tire of the same size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size designation
in either the passenger car or light truck section of the Tire and Rim
Association Year Book, the maximum load limit molded on the tire is
higher than the maximum load limit listed at that cold inflation
pressure for that size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) The size designation and load index combination molded on the
tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed does not exceed 55 MPH or a
``G'' rating, and
(d) the tire features a recognizable off-road tread design.
The products covered by the orders are currently classified under
the following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the
scope description may also enter under the following HTSUS subheadings:
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50,
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS subheadings are provided for convenience and
for customs purposes, the written description of the subject
merchandise is dispositive.
Amendment to the AD Final Determination
On June 11, 2015, the Department issued its affirmative final
determination in the AD investigation.\5\ On June 22, 2015, Petitioner
\6\ submitted timely ministerial error allegations. On June 29, 2015,
the GITI companies and the Sailun Group Co., Ltd. (Sailun Group),
respondents in the AD investigation, submitted timely rebuttal comments
to the Petitioner's allegations.\7\ No other interested party submitted
ministerial error allegations or rebutted Petitioner's submission.
---------------------------------------------------------------------------
\5\ See AD Final Determination.
\6\ Collectively, United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC.
\7\ See Letter from the GITI companies, ``Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Reply to
Ministerial Error Comments--Giti Tire Global Trading Pte. Ltd.,''
June 29, 2015; see also Letter from the Sailun Group, ``Sailun's
Reply to Petitioner's Ministerial Error Allegations in the
Antidumping Duty Investigation on Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China,'' June 29,
2015.
---------------------------------------------------------------------------
After analyzing the comments and rebuttals received, we determine,
in accordance with section 735(e) of the Act and 19 CFR 351.224(e),
that we made ministerial errors in our calculations for the AD Final
Determination with respect to the GITI companies.\8\ This amended final
AD determination corrects these errors and revises the weighted-average
margin rate for the GITI companies. Because the margin rate for the
separate rate companies is based on the rates for the GITI companies
and the Sailun Group, and the rate for the GITI companies changed due
to the aforementioned ministerial errors, we have revised the
calculation for the weighted-average margin rate for the separate rate
companies in this amended final AD determination.\9\ The amended
weighted-average margin rates are listed in the table below. The
amended weighted-average margin rates provided for all exporter/
producer combinations listed in the table are adjusted, where
appropriate, for export subsidies and estimated domestic subsidy pass-
through.
---------------------------------------------------------------------------
\8\ For a detailed discussion of all alleged ministerial errors,
as well as the Department's analysis, see the memorandum, ``Amended
Final Determination of the Antidumping Duty Investigation:
Allegations of Ministerial Errors,'' dated concurrently with this
Notice (AD Ministerial Error Memorandum).
\9\ See AD Ministerial Error Memorandum.
---------------------------------------------------------------------------
Amendment to the CVD Final Determination
On June 11, 2015, the Department issued its affirmative final
determination in the CVD investigation.\10\ On June 17, 2015,
Petitioner and GITI Tire (Fujian) Co., Ltd. (GITI Fujian), a respondent
in the CVD investigation, submitted timely ministerial error
allegations and requested that the Department correct the alleged
ministerial errors in the subsidy rate calculations.\11\ On June 22,
2015, Petitioner, GITI Fujian, and Yongsheng submitted timely rebuttal
comments to these ministerial error allegations.\12\ No other
interested party submitted ministerial error allegations or rebuttals
to Petitioner's or GITI Fujian's submissions.
---------------------------------------------------------------------------
\10\ See CVD Final Determination.
\11\ See Letter from Petitioner, ``Countervailing Duty
Investigation on Certain Passenger Vehicle and Light Truck Tires
from the People's Republic of China (C-570-017)--Petitioner's
Ministerial Error Comments,'' June 17, 2015 (Petitioner's
Ministerial Error Comments); Letter from GITI Fujian, ``Passenger
Vehicle and Light Truck Tires from the People's Republic of China:
Ministerial Error Comments,'' June 17, 2015 (GITI Fujian Ministerial
Error Comments).
\12\ See Letter from Petitioner, ``Countervailing Duty
Investigation on Certain Passenger Vehicle and Light Truck Tires
from the People's Republic of China (C-570-017)--Petitioner's Reply
to GITI Tire's Ministerial Error Comments,'' June 22, 2015; Letter
from GITI Fujian, ``Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Ministerial Error Comments--Reply,''
June 22, 2015; Letter from Yongsheng, ``Certain Passenger Vehicle
and Light Truck Tires from the People's Republic of China:
Ministerial Error Reply of Shandong Yongsheng Rubber Group Co.,
Ltd.,'' June 22, 2015.
---------------------------------------------------------------------------
After analyzing the comments and rebuttals received, we determined,
in accordance with section 705(e) of the Act and 19 CFR 351.224(e),
that we made ministerial errors in certain calculations for the CVD
Final Determination with respect to Yongsheng. This amended final CVD
determination corrects these errors and revises the ad valorem subsidy
rate for Yongsheng. The amended estimated ad valorem subsidy rate for
Yongsheng is 116.73 percent.
Antidumping Duty Order
As stated above, on August 3, 2015, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determination in its
[[Page 47904]]
investigation, in which it found that an industry in the United States
is materially injured within the meaning of section 735(b)(1)(A)(i) of
the Act by reason of imports of passenger tires from the PRC, and that
critical circumstances do not exist with respect to imports of subject
merchandise from the PRC that are subject to the Department's
affirmative critical circumstances finding.\13\ Because the ITC
determined that imports of passenger tires from the PRC are materially
injuring a U.S. industry, unliquidated entries of such merchandise from
the PRC, entered or withdrawn from warehouse, for consumption are
subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\13\ See ITC Determination.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of passenger tires from the PRC.
These antidumping duties will be assessed on unliquidated entries of
passenger tires from the PRC entered, or withdrawn from warehouse, for
consumption on or after January 27, 2015, the date of publication of
the AD Preliminary Determination,\14\ but will not include entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final injury determination as further
described below.
---------------------------------------------------------------------------
\14\ See Certain Passenger Vehicle and Light Truck Tires From
the People's Republic of China: Preliminary Determination of Sales
at Less Than Fair Value; Preliminary Affirmative Determination of
Critical Circumstances; In Part and Postponement of Final
Determination, 80 FR 4250 (January 27, 2015) (AD Preliminary
Determination).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation (AD)
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend liquidation of all appropriate
entries of passenger tires from the PRC as described in the ``Scope of
the Orders'' section, which were entered, or withdrawn from warehouse,
for consumption on or after January 27, 2015, the date of publication
in the Federal Register of the notice of an affirmative preliminary
determination that passenger tires are being, or are likely to be, sold
in the United States at LTFV. Further, consistent with our practice,
where the product from the PRC under investigation is also subject to a
concurrent CVD investigation, the Department will instruct CBP to
require a cash deposit \15\ equal to the weighted-average amount by
which the normal value exceeds U.S. price, adjusted where appropriate
for export subsidies and estimated domestic subsidy pass-through.\16\
The cash deposit rates are as follows: (1) For each exporter/producer
combination listed in the table below, the cash deposit rate will be
equal to the dumping margin listed for that exporter/producer
combination in the table, adjusted as appropriate for export subsidies
and estimated domestic subsidy pass-through; (2) for all other
combinations of PRC exporters/producers of the merchandise under
consideration, the cash deposit rate will be equal to the dumping
margin established for the PRC-wide entity, adjusted as appropriate for
export subsidies and estimated subsidy pass-through; and (3) for all
non-PRC exporters of the merchandise under consideration which have not
received their own separate rate above, the cash deposit rate will be
equal to the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter. These suspension of
liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\15\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\16\ See sections 772(c)(1)(C) and 777A(f) of the Act.
---------------------------------------------------------------------------
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins indicated below, adjusted, where appropriate,
for export subsidies and estimated domestic subsidy pass-through, as
discussed above.\17\
---------------------------------------------------------------------------
\17\ With respect to the final affirmative countervailing duty
determination in the companion investigation, because the
provisional measures period has expired, the Department will only
order the resumption of the suspension of liquidation, and require
cash deposits for countervailing duties equal to the final subsidy
rates, upon issuance of a final affirmative injury determination by
the ITC. As a result, the Department will make an adjustment to AD
cash deposits, where appropriate, for export subsidies and estimated
domestic subsidy pass-through as of the date of publication of the
ITC's final affirmative injury determination.
---------------------------------------------------------------------------
Provisional Measures (AD)
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination in an AD investigation may
not remain in effect for more than four months except where exporters
representing a significant proportion of exports of the subject
merchandise request the Department to extend that four month period to
no more than six months. At the request of the GITI companies, who
account for a significant proportion of passenger tires from the PRC,
we extended the four-month period to no more than six months in this
case.\18\ The Department published the preliminary determination in the
AD investigation on January 27, 2015. Therefore, the six-month period
beginning on the date of publication of the preliminary determination
in the AD investigation ended on July 26, 2015. Furthermore, section
737(b) of the Act states that definitive duties are to begin on the
date of publication of the ITC's final injury determination.
---------------------------------------------------------------------------
\18\ See Certain Passenger Vehicle and Light Truck Tires From
the People's Republic of China: Preliminary Determination of Sales
at Less Than Fair Value; Preliminary Affirmative Determination of
Critical Circumstances; In Part and Postponement of Final
Determination, 80 FR 4250 at 4253 (January 27, 2015) (AD Preliminary
Determination).
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of passenger vehicle tires from the PRC, entered,
or withdrawn from warehouse, for consumption on or after July 26, 2015,
the date the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows.\19\
---------------------------------------------------------------------------
\19\ As explained in the AD Final Determination, we will adjust
cash deposit rates by the amount of export subsidies and domestic
subsidy pass-throughs, where appropriate. See AD Final
Determination, 80 FR at 34897. As a result of the adjustments for
export subsidies and domestic subsidy pass-throughs, the GITI
companies' cash deposit rate will be 15.31 percent; the Sailun
Group's cash deposit rate will be 0.00 percent; Cooper Tire & Rubber
Company's, Cooper (Kunshan) Tire Co., Ltd.'s, and Cooper Chengshan
(Shandong) Tire Co., Ltd's. (collectively, Cooper) cash deposit rate
will be 11.12 percent; the other separate rate entities' (besides
Cooper) cash deposit rate will be 8.72 percent; and the PRC-wide
entity's cash deposit rate will be 76.46 percent. See also CVD Final
Determination and Memorandum to the File, ``Certain Passenger
Vehicle and Light Truck from the People's Republic of China: Double
Remedies Final Calculation Memorandum'' (June 11, 2015).
[[Page 47905]]
------------------------------------------------------------------------
Weighted-
average
Exporter(s) Producer(s) dumping margin
(percent)
------------------------------------------------------------------------
Giti Tire Global Trading Pte. Giti Radial Tire 30.74
Ltd., Giti Tire (USA) Ltd., (Anhui) Company Ltd.,
Giti Radial Tire (Anhui) Giti Tire (Fujian)
Company Ltd., Giti Tire Company Ltd., Giti
(Fujian) Company Ltd., Giti Tire (Hualin) Company
Tire (Hualin) Company Ltd., Ltd.
(Collectively, the GITI
Companies).
Sailun Group Co., Ltd. (aka Sailun Group Co., Ltd. 14.35
Sailun Jinyu Group Co., Ltd.), (aka Sailun Jinyu
Sailun Tire International Group Co., Ltd.),
Corp., Shandong Jinyu Shandong Jinyu
Industrial Co., Ltd., Jinyu Industrial Co., Ltd.
International Holding Co.,
Limited, Seatex International
Inc., Dynamic Tire Corp.,
Husky Tire Corp., Seatex PTE.
Ltd., (Collectively, Sailun
Group).
Cooper Tire & Rubber Company... Cooper Chengshan 25.84
(Shandong) Tire Co.,
Ltd., Cooper (Kunshan)
Tire Co., Ltd.
Cooper Chengshan (Shandong) Cooper Chengshan 25.84
Tire Co., Ltd. (Shandong) Tire Co.,
Ltd.
Cooper (Kunshan) Tire Co., Ltd. Cooper (Kunshan) Tire 25.84
Co., Ltd.
Best Choice International Trade Qingdao Sentury Tire 25.84
Co., Limited. Co., Ltd., Shandong
Haohua Tire Co., Ltd.,
Beijing Capital Tire
Co., Ltd.
Bridgestone (Wuxi) Tire Co., Bridgestone (Wuxi) Tire 25.84
Ltd. Co., Ltd.
Bridgestone Corporation........ Bridgestone (Wuxi) Tire 25.84
Co., Ltd.
Cheng Shin Tire & Rubber Cheng Shin Tire & 25.84
(China) Co., Ltd. Rubber (China) Co.,
Ltd., Cheng Shin Tire
& Rubber (Chongqing)
Co., Ltd.
Crown International Corporation Shandong Guofeng Rubber 25.84
Plastics Co., Ltd.,
Shandong Haohua Tire
Co., Ltd., Shandong
Jinyu Industrial Co.,
Ltd., Doublestar-
Dongfeng Tyre Co.,
Ltd., Shengtai Group
Co., Ltd., Qingdao
Doublestar Tire
Industrial Co., Ltd.,
Shandong Yongtai
Chemical Co., Ltd.
Goodyear Dalian Tire Company Goodyear Dalian Tire 25.84
Limited. Company Limited.
Guangzhou Pearl River Rubber Guangzhou Pearl River 25.84
Tyre Ltd. Rubber Tyre Ltd.
Hankook Tire China Co., Ltd.... Hankook Tire China Co., 25.84
Ltd.
Hebei Tianrui Rubber Co., Ltd.. Hebei Tianrui Rubber 25.84
Co., Ltd.
Highpoint Trading, Ltd......... Federal Tire (Jiangxi) 25.84
Ltd.
Hong Kong Tiancheng Investment Shandong Linglong Tyre 25.84
& Trading Co., Limited. Co., Ltd.
Hong Kong Tri-Ace Tire Co., Shandong Yongtai 25.84
Limited.. Chemical Co., Ltd.,
Doublestar-Dongfeng
Tyre Co., Ltd.
Hwa Fong Rubber (Hong Kong) Ltd Hwa Fong Rubber 25.84
(Suzhou) Co., Ltd..
Jiangsu Hankook Tire Co., Ltd.. Jiangsu Hankook Tire 25.84
Co., Ltd.
Kenda Rubber (China) Co., Ltd.. Kenda Rubber (China) 25.84
Co., Ltd.
Kumho Tire Co., Inc............ Kumho Tire (Tianjin) 25.84
Co., Inc., Nanjing
Kumho Tire Co., Ltd.,
Kumho Tire (Changchun)
Co., Inc.
Mayrun Tyre (Hong Kong) Limited South China Tire & 25.84
Rubber Co., Ltd.,
Shandong Haohua Tire
Co., Ltd.
Nankang (Zhangjiagang Free Nankang (Zhangjiagang 25.84
Trade Zone) Rubber Industrial Free Trade Zone)
Co., Ltd. Rubber Industrial Co.,
Ltd.
Pirelli Tyre Co., Ltd.......... Pirelli Tyre Co., Ltd.. 25.84
Qingdao Crown Chemical Co., Ltd Shandong Guofeng Rubber 25.84
Plastics Co., Ltd.,
Shandong Haohua Tire
Co., Ltd., Shandong
Jinyu Industrial Co.,
Ltd., Doublestar-
Dongfeng Tyre Co., Ltd.
Qingdao Free Trade Zone Full- Shandong Zhentai Group 25.84
World International Trading Co., Ltd., Longkou
Co., Ltd. Xinglong Tyre Co.,
Ltd., Hebei Tianrui
Rubber Co., Ltd.
Qingdao Fullrun Tyre Corp. Ltd. Fullrun Tyre Tech 25.84
Corp., Ltd, Shengtai
Group Co., Ltd.,
Shandong Zhongyi
Rubber Co., Ltd.,
Shandong Guofeng
Rubber Plastics Co,
Ltd, Deruibao Tire
Co., Ltd., Shandong
New Continent Tire
Co., Ltd, Shandong
Fengyuan Tyre
Manufacturing Co.,
Ltd, Sichuan Tyre &
Rubber Co., Ltd,
Qingdao Futaian Tyre
Teck. Co., Ltd., Good
Friend Tyre Co., Ltd.,
Shandong Hengyu
Science & Technonology
Co., Ltd., Shandong
Longyue Rubber Co.,
Ltd., Shouguang
Firemax Tyre Co., Ltd,
Beijing Capital Tire
Co., Ltd., Shandong
Wanda Boto Tyre Co.,
Ltd, Zhaoqing Junhong
Co., Ltd, Shandong
Huasheng Rubber Co.,
Ltd, Shandong Haohua
Tire Co., Ltd.,
Shandong Province
Sanli Tire
Manufactured Co., Ltd.
Qingdao Fullrun Tyre Tech Qingdao Fullrun Tyre 25.84
Corp., Ltd. Tech Corp., Ltd..
Qingdao Honghua Tyre Factory... Qingdao Honghua Tyre 25.84
Factory.
Qingdao Nama Industrial Co., Shandong Guofeng Rubber 25.84
Ltd. Plastics Co., Ltd.,
Shandong Hengyu
Science & Technology
Co., Ltd., Shandong
Longyue Rubber Co.,
Ltd., Shandong Haohua
Tire Co., Ltd.,
Shouguang Firemax Tyre
Co., Ltd., Shandong
Zhongyi Rubber Co.,
Ltd., Shandong Yonking
Rubber Co., Ltd.,
Shandong Hongsheng
Rubber Technology Co.,
Ltd.
Qingdao Nexen Tire Corporation. Qingdao Nexen Tire 25.84
Corporation.
[[Page 47906]]
Qingdao Odyking Tyre Co., Ltd.. Doublestar-Dongfeng 25.84
Tyre Co., Ltd.,
Shandong Fengyuan Tire
Manufacturing Co.,
Ltd., Shouguang
Firemax Tyre Co., Ltd.
Qingdao Qianzhen Tyre Co., Ltd. Qingdao Qianzhen Tyre 25.84
Co., Ltd.
Qingdao Qihang Tyre Co., Ltd... Qingdao Qihang Tyre 25.84
Co., Ltd.
Qingdao Qizhou Rubber Co., Ltd. Qingdao Qizhou Rubber 25.84
Co., Ltd.
Qingdao Sentury Tire Co., Ltd.. Qingdao Sentury Tire 25.84
Co., Ltd.
Shandong Anchi Tyres Co., Ltd.. Shandong Anchi Tyres 25.84
Co., Ltd.
Shandong Changfeng Tyres Co., Shandong Changfeng 25.84
Ltd. Tyres Co., Ltd.
Shandong Duratti Rubber Shandong Duratti Rubber 25.84
Corporation Co., Ltd. Corporation Co., Ltd.
Shandong Guofeng Rubber Shandong Guofeng Rubber 25.84
Plastics Co., Ltd. Plastics Co., Ltd.
Shandong Haohua Tire Co., Ltd.. Shandong Haohua Tire 25.84
Co., Ltd.
Shandong Haolong Rubber Tire Shandong Haolong Rubber 25.84
Co., Ltd. Tire Co., Ltd.
Shandong Hawk International Shandong Hawk 25.84
Rubber Industry Co., Ltd. International Rubber
Industry Co., Ltd.
Shandong Hengyu Science & Shandong Hengyu Science 25.84
Technology Co., Ltd. & Technology Co., Ltd.
Shandong Huitong Tyre Co., Ltd. Shandong Huitong Tyre 25.84
Co., Ltd., Laiwu
Sunshine Tyre Co., Ltd.
Shandong Linglong Tyre Co., Ltd Shandong Linglong Tyre 25.84
Co., Ltd.
Shandong Longyue Rubber Co., Shandong Longyue Rubber 25.84
Ltd. Co., Ltd.
Shandong New Continent Tire Shandong New Continent 25.84
Co., Ltd. Tire Co., Ltd.
Shandong Province Sanli Tire Shandong Province Sanli 25.84
Manufactured Co., Ltd. Tire Manufactured Co.,
Ltd.
Shandong Shuangwang Rubber Co., Shandong Shuangwang 25.84
Ltd. Rubber Co., Ltd.
Shandong Wanda Boto Tyre Co., Shandong Wanda Boto 25.84
Ltd. Tyre Co., Ltd.
Shandong Yongtai Chemical Co., Shandong Yongtai 25.84
Ltd. Chemical Co., Ltd.
Shandong Zhongyi Rubber Co., Shandong Zhongyi Rubber 25.84
Ltd. Co., Ltd.
Shengtai Group Co., Ltd........ Shengtai Group Co., 25.84
Ltd., Shandong
Shengshitailai Rubber
Technology Co., Ltd.
Shifeng Juxing Tire Co., Ltd... Shifeng Juxing Tire 25.84
Co., Ltd.
Shouguang Firemax Tyre Co., Ltd Shouguang Firemax Tyre 25.84
Co., Ltd.
Southeast Mariner International Dongying Zhongyi Rubber 25.84
Co., Ltd. Co., Ltd., Shandong
Haohua Tire Co., Ltd.
Techking Tires Limited......... Shandong Longyue Rubber 25.84
Co., Ltd.
Toyo Tire (Zhangjiagang) Co., Toyo Tire 25.84
Ltd. (Zhangjiagang) Co.,
Ltd.
Triangle Tyre Co., Ltd......... Triangle Tyre Co., Ltd. 25.84
Tyrechamp Group Co., Limited... Shandong Haohua Tire 25.84
Co., Ltd., Sichuan
Tyre & Rubber Co.,
Ltd., Shandong Anchi
Tyres Co., Ltd.,
Beijing Capital Tire
Co., Ltd., Shandong
Wanda Boto Tyre Co.,
Ltd., Shandong Wosen
Rubber Co., Ltd.,
Shandong Zhentai Group
Co., Ltd., Shandong
Yonking Rubber Co.,
Ltd., Qingdao
Doublestar Tire
Industrial Co., Ltd.,
South China Tire &
Rubber Co., Ltd.,
Anhui Heding Tire
Technology Co., Ltd.
Weihai Ping'an Tyre Co., Ltd... Weihai Ping'an Tyre 25.84
Co., Ltd.
Weihai Zhongwei Rubber Co., Ltd Weihai Zhongwei Rubber 25.84
Co., Ltd.
Wendeng Sanfeng Tyre Co., Ltd.. Wendeng Sanfeng Tyre 25.84
Co., Ltd.
Winrun Tyre Co., Ltd........... Shaanxi Yanchang 25.84
Petroleum Group Rubber
Co. Ltd.
Zenith Holdings (HK) Limited... Shandong Linglong Tyre 25.84
Co., Ltd.
Zhaoqing Junhong Co., Ltd...... Zhaoqing Junhong Co., 25.84
Ltd.
PRC-wide Entity*............... ....................... 87.99
------------------------------------------------------------------------
*The PRC-wide entity includes, among other companies, Yongsheng, a
mandatory respondent in this investigation that did not demonstrate
that it is entitled to a separate rate. Accordingly, we consider
Yongsheng to be part of the PRC-wide Entity.
Critical Circumstances (AD)
With regard to the ITC's negative critical circumstances
determination on imports of passenger tires from the PRC, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after October 29, 2014 (i.e., 90 days prior to
the date of publication of the AD Preliminary Determination), but
before January 27, 2015, (i.e., the date of publication of the AD
Preliminary Determination).
Countervailing Duty Order
As stated above, on August 3, 2015, in accordance with section
705(d) of the Act, the ITC notified the Department of its final
determination in this investigation, in which it found that an industry
in the United States is materially injured within the meaning of
section 705(b)(1)(A)(i) of the Act by reason of imports of passenger
tires from the PRC, and that critical circumstances do not exist with
respect to imports of subject merchandise from the PRC that are subject
to the Department's affirmative critical circumstances finding.\20\
Therefore, in accordance with sections 705(c)(2) and 706(a) of the Act,
we are publishing this countervailing duty order.
---------------------------------------------------------------------------
\20\ See ITC Notification.
---------------------------------------------------------------------------
In accordance with section 706(a) of the Act, the Department will
direct CBP to assess, upon further instruction by the Department,
countervailing duties on unliquidated entries of passenger tires from
the PRC entered, or withdrawn from warehouse, for consumption on or
after December 1, 2014, the date of publication of the CVD Preliminary
Determination in the
[[Page 47907]]
Federal Register,\21\ and before March 31, 2015, the date on which the
Department instructed CBP to discontinue the suspension of liquidation
in accordance with section 703(d) of the Act. Section 703(d) of the Act
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months.
Entries of passenger tires from the PRC made on or after March 31,
2015, and prior to the date of publication of the ITC's final
determination in the Federal Register, are not liable for the
assessment of countervailing duties, due to the Department's
discontinuation, effective March 31, 2015, of the suspension of
liquidation.
---------------------------------------------------------------------------
\21\ See Countervailing Duty Investigation of Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China:
Preliminary Affirmative Determination, Preliminary Affirmative
Critical Circumstances Determination, in Part, and Alignment of
Final Determination with Final Antidumping Duty Determination, 79 FR
71093 (December 1, 2014) (CVD Preliminary Determination).
---------------------------------------------------------------------------
Provisional Measures (CVD)
In accordance with Section 703(d) of the Act, the provisional
measures period for the CVD investigation ended on March 31, 2015 and
CBP was instructed to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of passenger vehicle tires from the PRC, entered, or withdrawn
from warehouse, for consumption on or after March 31, 2015, the date
the provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation, effective on the
date of publication of the ITC's notice of final determination in the
Federal Register, and to assess, upon further instruction by the
Department pursuant to section 706(a)(1) of the Act, countervailing
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rates for the subject merchandise. The
Department will also direct CBP to require a cash deposit for each
entry of subject merchandise in an amount equal to the net
countervailable subsidy rates listed below. The all-others rate applies
to all producers and exporters of subject merchandise not specifically
listed.
Estimated Countervailing Duty Cash Deposit Rates
------------------------------------------------------------------------
Cash deposit
Company rate
(percent)
------------------------------------------------------------------------
GITI Tire (Fujian) Co., Ltd. and certain cross-owned 36.79
companies \22\...........................................
Cooper Kunshan Tire Co., Ltd and certain cross-owned 20.73
companies \23\...........................................
Shandong Yongsheng Rubber Group Co., Ltd.................. 116.33
All-Others................................................ 30.61
------------------------------------------------------------------------
Critical Circumstances (CVD)
---------------------------------------------------------------------------
\22\ GITI Tire (Fujian) Co., Ltd., and its cross-owned
affiliated companies GITI Tire (China) Investment Company Ltd., GITI
Radial Tire (Anhui) Company Ltd., GITI Tire (Hualin) Company Ltd.,
GITI Steel Cord (Hubei) Company Ltd., Anhui Prime Cord Fabrics
Company Ltd., GITI Tire Corporation, GITI Tire (Anhui) Company Ltd.,
GITI Greatwall Tire (Yinchuan) Company Ltd., GITI Steel Cord (Anhui)
Company Ltd., Anhui Prime Cord Weaving Company Ltd., and Anhui Prime
Cord Twisting Company Ltd.
\23\ Cooper Kunshan Tire Co., Ltd., and its cross-owned
affiliated company, Cooper Chengshan (Shandong) Tire Co., Ltd.
---------------------------------------------------------------------------
With regard to the ITC's negative critical circumstances
determination on imports of passenger tires from the PRC, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after September 2, 2014 (i.e., 90 days
prior to the date of the publication of the CVD Preliminary
Determination), but before December 1, 2014 (i.e., the date of
publication of the CVD Preliminary Determination).
Notifications to Interested Parties
This notice constitutes the AD and CVD orders with respect to
passenger tires from the PRC pursuant to sections 736(a) and 706(a) of
the Act. Interested parties can find an updated list of orders
currently in effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records
Unit, Room B8024 of the main Commerce Building.
These orders and the amended AD Final Determination and amended CVD
Final Determination are published in accordance with sections 705(e),
706(a), 735(e), 736(a), and 777(i) of the Act, and 19 CFR 351.211(b)
and 351.224(e).
Dated: August 4, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-19615 Filed 8-7-15; 8:45 am]
BILLING CODE 3510-DS-P