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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018

American Government Special Collections Reference Desk

American Government Cars in China

Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018

Jeffrey I. Kessler
Department of Commerce
22 April 2020


[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22396-22399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08540]


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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: Final Results of Antidumping Duty Administrative 
Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds 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 April 22, 2020.

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 October 18, 2019, the Department of Commerce (Commerce) 
published its Preliminary Results of the administrative review of the 
antidumping duty order on passenger tires from the China.\1\ The 
petitioners in this case are United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC (collectively, the petitioners). The 
mandatory respondents in this administrative review are Shandong New 
Continent Tire Co., Ltd. (New Continent) and Qingdao Odyking Tyre Co., 
Ltd. (Odyking).
---------------------------------------------------------------------------

    \1\ See 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, 84 FR 
55909 (October 18, 2019), and accompanying Preliminary Decision 
Memorandum (Preliminary Results).
---------------------------------------------------------------------------

    We invited interested parties to comment on the Preliminary 
Results. Subsequent to the Preliminary Results, the petitioners; New 
Continent (mandatory respondent); and various separate rate entities 
submitted case and rebuttal briefs.\2\
---------------------------------------------------------------------------

    \2\ See Shandong Hengyu's Letter, ``Certain Passenger Vehicle 
and Light Truck Tires from the People's Republic of China--
Ministerial Error,'' dated October 16, 2019; Petitioners' Case 
Brief, ``Case Brief Submitted on Behalf of the United Steel, Paper 
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO, CLC,'' dated December 
2, 2019); Shandong New Continent Tire Co., Ltd.'s Case Brief, 
``Shandong New Continent Tire Co., Ltd. Case Brief in the Third 
Administrative Review of Antidumping Duty Order on Passenger Vehicle 
and Light Truck Tires from the People's Republic of China,'' dated 
December 2, 2019; Pirelli Tyre Co., Ltd. and Pirelli's Case Brief, 
``Pirelli's Case Brief Certain Passenger Vehicle and Light Truck 
Tires from China,'' dated December 3, 2019; Petitioners' Rebuttal 
Brief, ``Rebuttal Brief Submitted on Behalf of the United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union, AFL-CIO, CLC,'' dated 
December 9, 2019; New Continent's Rebuttal Brief, ``Shandong New 
Continent Tire Co., Ltd. Rebuttal Brief in the Third Administrative 
Review of Antidumping Duty Order on Passenger Vehicle and Light 
Truck Tires from the People's Republic of China,'' dated December 9, 
2019; and Haohua's Comments in Lieu of Rebuttal Brief, ``Passenger 
Vehicle and Light Truck Tires from China- Comments in Lieu of 
Rebuttal Case Brief,'' dated December 9, 2019.
---------------------------------------------------------------------------

    A complete summary of the events that occurred since publication of 
the Preliminary Results, as well as a full discussion of the issues 
raised by parties for these final results, may be found in the Issues 
and Decision Memorandum.\3\ The Issues and Decision Memorandum is a 
public document and is available electronically 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. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Final 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,'' issued concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain passenger vehicle and 
light truck tires from China. A full description of

[[Page 22397]]

the scope of the order is contained in the Issues and Decision 
Memorandum.\4\
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    \4\ See Issues and Decision Memorandum at ``Scope of the 
Order.''
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, we found that evidence provided by New 
Continent and other separate rate candidates supported finding an 
absence of both de jure and de facto government control, and, 
therefore, we preliminarily granted a separate rate to each of these 
companies.\5\ We received no information since the issuance of the 
Preliminary Results that provides a basis for reconsidering these 
determinations with respect to New Continent and to the other separate 
rate candidates.
---------------------------------------------------------------------------

    \5\ See Preliminary Results 84 FR 55909 at 55911.
---------------------------------------------------------------------------

    Subsequent to the Preliminary Results, Shandong Hengyu Science & 
Technology Co., Ltd. (Shandong Hengyu), informed Commerce that it did 
not withdraw its request for self-examination during the instant 
administrative review. Therefore, for these final results, we will not 
rescind the administrative review with respect to Shandong Hengyu. In 
addition, based on our examination of Shandong Hengyu's Separate Rate 
Certification, we determine that it demonstrated the absence of both de 
jure and de facto control over its operations by the government and/or 
governmental agencies of China.
    Therefore, for the final results, we continue to find that New 
Continent and the other exporters listed below under ``Final Results of 
Review'' are eligible for separate rates.
    In addition, Commerce continues to find 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.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China: Final Separate Rate Status,'' dated concurrently 
with the instant notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice.

Adjustments for Export Subsidies

    Commerce continues to adjust New Continent's U.S. price for export 
subsidies, pursuant to 772(c)(1)(C) of the Act for the final results.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes for these final results. Specifically, we have made adjustments 
to the calculation of the antidumping margin for New Continent,\7\ and 
granted separate rate status to Shandong Hengyu.\8\
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at comments 1 and 5; and 
Memorandum, ``Administrative Review of Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China: Final 
Analysis Memorandum for Shandong New Continent Tire Co., Ltd.,'' 
dated concurrently with the instant memorandum.
    \8\ See Issues and Decision Memorandum at comment 9.
---------------------------------------------------------------------------

Final Results of Review

    Commerce finds that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
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 Hengyu Science & Technology 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
------------------------------------------------------------------------


[[Page 22398]]

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, 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. 
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).\9\ 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.\10\ Where the importer did 
not report entered values, Commerce intends to calculate an importer-
specific assessment rate by 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.\11\
---------------------------------------------------------------------------

    \9\ 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).
    \10\ See 19 CFR 351.212(b)(1).
    \11\ 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.\12\ 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.
---------------------------------------------------------------------------

    \12\ 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 will 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); \13\ 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.
---------------------------------------------------------------------------

    \13\ See AD Order, 80 FR at 47904.
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Notification to Importers

    This notice also serves as a 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.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials, or conversion 
to judicial protective order, is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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 Russia Should be the Primary Surrogate 
Country
    Comment 2: Whether to Grant a Separate Rate to Haohua
    Comment 3: Whether to Grant Pirelli China a Separate Rate
    Comment 4: Whether Commerce has the Authority to Establish a 
China-Wide Entity Rate
    Comment 5: Whether to Correct Alleged Errors in New Continent's 
Margin Calculations
    Comment 6: Whether to Correct Certain ``Importer or Customer'' 
names in New Continent's Draft Liquidation Instructions
    Comment 7: Whether to Continue to Deduct Irrecoverable VAT from 
New Continent's Gross Unit Price
    Comment 8: Whether to Grant a Double Remedy Adjustment to New 
Continent

[[Page 22399]]

    Comment 9: Whether to Rescind the Administrative Review of 
Shandong Hengyu Science & Technology Co., Ltd.
V. 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. 2020-08540 Filed 4-21-20; 8:45 am]
 BILLING CODE 3510-DS-P

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