Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission, in Part; 2017-2018 |
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Jeffrey I. Kessler
Department of Commerce
18 October 2019
[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55909-55912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22762]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers and exporters of passenger vehicle and light
truck tires (passenger tires) from the People's Republic of China
(China) did not make sales of subject merchandise at prices below
normal value (NV) during the period of review (POR) August 1, 2017
through July 31, 2018.
DATES: Applicable October 18, 2019.
FOR FURTHER INFORMATION CONTACT: Toni Page, 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) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce issued an antidumping duty (AD) order
on passenger tires from China.\1\ Several
[[Page 55910]]
interested parties requested that Commerce conduct an administrative
review of the AD Order, and on October 4, 2018, Commerce published in
the Federal Register a notice of initiation of an administrative review
of the AD Order for 42 producers/exporters for the POR.\2\ On January
28, 2019, Commerce exercised its discretion to toll all deadlines by 40
days to account for the shutdown of the Federal government from
December 22, 2018 through the resumption of operations on January 29,
2019.\3\ On June 10, 2019, and again on September 6, 2019, Commerce
extended the time limit for completing the preliminary results of this
review. The current extended deadline for completing the preliminary
results of this review is October 10, 2019.\4\
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\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (AD Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
\3\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Memoranda, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review--2017-2018,''
dated June 10, 2019; and ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review--2017-2018,''
dated September 6, 2019.
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Scope of the Order
The products covered by the order are certain passenger vehicle and
light truck tires from China. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China and Rescission, in part; 2017-2018,'' dated October 10,
2019 (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Commerce
preliminarily determines that Shandong New Continent Tire Co., Ltd.'s
(New Continent) reported U.S. sales were either export price (EP) or
constructed export price (CEP). We calculated EP and CEP sales in
accordance with section 772 of the Act. Given that China is a non-
market economy (NME) country, within the meaning of section 771(18) of
the Act, Commerce calculated NV in accordance with section 773(c) of
the Act.
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum, which is incorporated by, and hereby adopted by this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central
Records Unit, room B8024 of the main Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be found at
http://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of topics included in the Preliminary Decision
Memorandum is provided in Appendix I to this notice.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws the request within 90 days of the
publication date of the notice of initiation of the requested review.
Shouguang Firemax Tyre Co., Ltd.; Shandong Wanda Boto Tyre Co., Ltd.;
Bridgestone (TIANJIN) Tire Co., Ltd.; Bridgestone Corporation; Cooper
(Kunshan) Tire Co., Ltd.; Fleming Limited; Guangrao Taihua
International Trade Co., Ltd.; Qingdao Keter International Co.,
Limited; Qingzhou Detai International Trading Co., Ltd.; Shengtai Group
Co., Ltd.; Shandong Guofeng Rubber Plastic Co., Ltd.; Shandong Hengyu
Science & Technology Co., Ltd.; Qingdao Jinhaoyang International Co.,
Ltd.; Riversun Industry Limited; Haohua Orient International Trade
Ltd.; Windforce Tyre Co., Limited; Tyrechamp Group Co., Limited; Macho
Tire Corporation Limited; Qingdao Lakesea Tyre Co., Ltd.; Safe&Well
(HK) International Trading Limited; and Triangle Tyre Co., Ltd.
withdrew their respective requests for an administrative review within
90 days of the publication date of the notice of initiation.
No other parties requested an administrative review of the order
with respect to the aforementioned companies. Therefore, in accordance
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the AD
order on passenger tires from China with respect to the listed
companies.
Separate Rates
Commerce preliminarily determines that the information placed on
the record by New Continent, as well as by the other companies listed
in the rate table in the ``Preliminary Results of Review'' section
below, demonstrates that these companies are entitled to separate rate
status. Neither the Act nor Commerce's regulations address the
establishment of the rate applied to individual companies not selected
for examination where Commerce limited its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Commerce's practice in cases involving limited selection based on
exporters accounting for the largest volume of imports has been to look
to section 735(c)(5) of the Act for guidance, which provides
instructions for calculating the all-others rate in a market economy
investigation. Section 735(c)(5)(A) of the Act instructs Commerce to
use rates established for individually investigated producers and
exporters, excluding any rates that are zero, de minimis, or based
entirely on facts available in investigations. In the instant
administrative review, New Continent is the only reviewed respondent
that received a calculated weighted-average margin. Therefore, for the
preliminary results, Commerce has preliminarily determined to assign
New Continent's margin to the non-selected separate-rate companies.
In addition, Commerce preliminarily determines that certain
companies have not demonstrated their entitlement to separate rate
status because: (1) They withdrew their participation from the
administrative review; (2) they did not rebut the presumption of de
jure or de facto government control of their operations; or (3) did not
timely file their separate rate application and/or certification.\6\
See Appendix II of this Federal Register notice for a complete list of
companies not receiving a separate rate.
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\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Preliminary Separate Rate Status,'' dated October
10, 2019 for a complete discussion regarding the companies
preliminarily granted or not granted separate rate status.
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Commerce is treating the companies for which it did not grant
separate rate status as part of the China-wide entity. Because no party
requested a review of the China-wide entity, the entity is not under
review, and the entity's rate (i.e.,
[[Page 55911]]
87.99 percent) \7\ is not subject to change.\8\
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\7\ See AD Order, 80 FR at 47906.
\8\ For additional information regarding Commerce's separate
rate determinations, see the Preliminary Decision Memorandum.
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Adjustments for Export Subsidies
Commerce has preliminarily adjusted New Continent's U.S. price for
export subsidies, pursuant to 772(c)(1)(C) of the Act.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
weighted-average dumping margins rates to be:
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Weighted-
average
Exporter dumping
margin
(percent)
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Shandong New Continent Tire Co., Ltd........................ 0.00
Anhui Jichi Tire Co., Ltd................................... 0.00
Crown International Corporation............................. 0.00
Hankook Tire China Co., Ltd................................. 0.00
Jingsu Hankook Tire Co., Ltd................................ 0.00
Kenda Rubber (China) Co., Ltd............................... 0.00
Kinforest Tyre Co., Ltd..................................... 0.00
Mayrun Tyre (Hong Kong) Limited............................. 0.00
Qingdao Fullrun Tyre Corp., Ltd............................. 0.00
Qingdao Sunfulcess Tyre Co., Ltd............................ 0.00
Qingdao Transamerica Tire Industrial Co., Ltd............... 0.00
Shandong Anchi Tyres Co., Ltd............................... 0.00
Shandong Duratti Rubber Corporation Co., Ltd................ 0.00
Shandong Haohua Tire Co., Ltd............................... 0.00
Shandong Hongsheng Rubber Technology Co., Ltd............... 0.00
Shandong Longyue Rubber Co., Ltd............................ 0.00
Shandong Province Sanli Tire Manufactured Co., Ltd.......... 0.00
Winrun Tyre Co., Ltd........................................ 0.00
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Disclosure and Public Comment
Commerce intends to disclose to parties the calculations performed
for these preliminary results of review within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b). Interested parties may submit case briefs no later
than 30 days after the date of publication of these preliminary results
of review.\9\ Rebuttal briefs may be filed no later than five days
after case briefs are due, and may respond only to arguments raised in
the case briefs.\10\ A table of contents, list of authorities used, and
an executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\11\
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\9\ See 19 CFR 351.309(c)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2), (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\12\ Requests should contain the party's
name, address, and telephone number, the number of participants in, and
a list of the issues to be discussed at, the hearing. Oral arguments at
the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\13\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date of the hearing.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\14\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date.
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room
18022 and stamped with the date and time of receipt by 5 p.m. ET on the
due date.\15\
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\14\ See generally 19 CFR 351.303.
\15\ Id. (for general filing requirements); see also Antidumping
and Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\16\ Commerce intends to issue
assessment instructions to CBP 15 days after the publication date of
the final results of this review. For each individually examined
respondent in this review whose weighted-average dumping margin in the
final results of review is not zero or de minimis (i.e., less than 0.5
percent), Commerce intends to calculate importer-specific assessment
rates, in accordance with 19 CFR 351.212(b)(1).\17\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer-specific ad valorem assessment rates by aggregating
the amount of dumping calculated for all U.S. sales to the importer,
and dividing this amount by the total entered value of the sales to the
importer.\18\ Where the importer did not report entered values,
Commerce intends to calculate an importer-specific assessment rate by
[[Page 55912]]
dividing the amount of dumping for reviewed sales to the importer by
the total sales quantity associated with those transactions. Where an
importer-specific ad valorem assessment rate is not zero or de minimis,
Commerce will instruct CBP to collect the appropriate duties at the
time of liquidation. Where either the respondent's weighted average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\19\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\18\ See 19 CFR 351.212(b)(1).
\19\ See Final Modification, 77 FR at 8103.
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Pursuant to Commerce practice, for entries that were not reported
in the U.S. sales database submitted by an exporter individually
examined during this review, Commerce will instruct CBP to liquidate
such entries at the rate for the China-wide entity.\20\ Additionally,
if Commerce determines that an exporter under review had no shipments
of the subject merchandise, any suspended entries that entered under
that exporter's CBP case number will be liquidated at the rate for the
China-wide entity.
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\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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For the companies for which this review is rescinded, antidumping
duties will be assessed at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue appropriate assessment instructions with
respect to the companies for which this review is rescinded to CBP 15
days after the publication of this notice.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on POR entries, and for future deposits of estimated
antidumping duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which NV
exceeds U.S. price. The following cash deposit requirements will be
effective upon publication of the final results of this administrative
review for shipments of the subject merchandise from China entered, or
withdrawn from warehouse, for consumption on or after the publication
date of this notice, as provided by section 751(a)(2)(C) of the Act:
(1) For the exporters listed above, the cash deposit rate will be equal
to the weighted-average dumping margin established in the final results
of this review (except that, if the rate is de minimis (i.e., less than
0.5 percent), then the cash deposit rate will be zero for that
exporter); (2) for previously investigated or reviewed China and non-
China exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recently completed segment of this proceeding; (3) for all
China exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity (i.e., 76.46 percent); \21\ and (4) for all non-
China exporters of subject merchandise that have not received their own
rate, the cash deposit rate will be the rate applicable to the China
exporter that supplied that non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\21\ See AD Order, 80 FR at 47904.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties has occurred, and the subsequent assessment of
double antidumping duties and/or an increase in the amount of
antidumping duties by the amount of the countervailing duties.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: October 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Recommendation
Appendix II
List of Companies Not Receiving Separate Rate Status
1. Pirelli Tyre Co., Ltd.
2. Qingdao Odyking Tyre Co., Ltd.
3. Tianjin Wanda Tyre Group Co., Ltd.
[FR Doc. 2019-22762 Filed 10-17-19; 8:45 a.m.]
BILLING CODE 3510-DS-P