Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018 |
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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).
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\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).
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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\
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\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.
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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.
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\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).
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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
[[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.''
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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.
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\5\ See Preliminary Results 84 FR 55909 at 55911.
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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.
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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: Final Separate Rate Status,'' dated concurrently
with the instant notice.
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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\
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\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.
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Final Results of Review
Commerce finds that the following weighted-average dumping margins
exist for the POR:
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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 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
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[[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\
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\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.
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\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.
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\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
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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]
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