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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order

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 the Expedited First Sunset Review of the Antidumping Duty Order

Jeffrey I. Kessler
Department of Commerce
4 November 2020


[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70128-70129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24441]


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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 the Expedited First Sunset Review 
of the Antidumping Duty Order

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

SUMMARY: As a result of this expedited sunset review, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty (AD) 
order on certain passenger vehicles and light truck tires (passenger 
tires) from the People's Republic of China (China) would be likely to 
lead to the continuation or recurrence of dumping at the levels 
indicated in the ``Final Results of Review'' section of this notice.

DATES: Applicable November 4, 2020.

FOR FURTHER INFORMATION CONTACT:  Jacqueline Arrowsmith, 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) 482-5255.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2015, the Department of Commerce (Commerce) issued 
the AD

[[Page 70129]]

Order on passenger tires.\1\ On July 1, 2020, Commerce published the 
Notice of Initiation of the first sunset review of the Order pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ 
On July 16, 2020, Commerce received a notice of intent to participate 
from the petitioner \3\ submitted within the 15-day deadline specified 
in 19 CFR 351.218(d)(1)(i). The petitioner claimed interested party 
status under section 771(9)(D) of the Act as a certified union or 
recognized union or group of workers which is representative of an 
industry engaged in the manufacture, production, or wholesale of a 
domestic like product.
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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 Amended Order; and Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 80 
FR 47902 (August 10, 2015) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 
(January 2, 2020) (Notice of Initiation).
    \3\ The petitioner is the United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial Workers Union, AFL-
CIO, a certified union representative of an industry engaged in the 
manufacture, production or wholesale in the United States of PVLT. 
See Petitioner's Letter, ``Certain Passenger Vehicle and Light Truck 
from the People's Republic of China: Notice of Intent to 
Participate,'' dated July 16, 2020.
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    On July 31, 2020, Commerce received an adequate substantive 
response to the Notice of Initiation from the petitioner within the 30-
day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no 
substantive responses from respondent interested parties.
---------------------------------------------------------------------------

    \4\ See Petitioner's Letter, ``Passenger Vehicle and Light Truck 
Tires from China, AD Order, First Sunset Review: Substantive 
Response of the USW,'' dated July 31, 2020 (Substantive Response).
---------------------------------------------------------------------------

    On August 20, 2020, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\5\ On September 9, 2020, we 
received comments on adequacy from the petitioner.\6\ As a result, 
pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce has conducted an expedited sunset review of the Order.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on July 1, 
2020,'' dated August 20, 2020.
    \6\ See Petitioner's Letter, ``Passenger Vehicle and Light Truck 
Tires from China; AD/CVD orders, First Sunset Review: Adequacy 
Comments of the USW,'' dated September 9, 2020.
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Scope of the Order

    The merchandise covered by the Order 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 this Order may be tube-type, tubeless, 
radial, or non-radial, and they may be intended for sale to original 
equipment manufacturers or the replacement market.
    The products covered by the Order 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. A full description of the scope of the Order is contained 
in the accompanying Issues and Decision Memorandum (Issues and Decision 
Memorandum).\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order on Certain Passenger Vehicle and Light Truck 
Tires from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum, which is hereby adopted by this notice. The 
issues discussed in the Issues and Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the Order is revoked. The Issues 
and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. A 
list of topics discussed in the Issues and Decision Memorandum is 
included as an Appendix to this notice. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD Order on passenger tires 
from China would be likely to lead to the continuation or recurrence of 
dumping at weighted-average dumping margins up to 87.99 percent.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218 and 351.221(c)(5)(ii).

    Dated: October 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-24441 Filed 11-3-20; 8:45 am]
BILLING CODE 3510-DS-P

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