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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 Countervailing 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 Countervailing Duty Order

Jeffrey I. Kessler
Department of Commerce
9 November 2020


[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71313-71314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24812]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


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

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

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

DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 82-1785.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2015, Commerce published the CVD Order on passenger

[[Page 71314]]

tires from China.\1\ On July 10, 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) and 19 CFR 
351.218(c).\2\ On July 16, 2020, Commerce received a notice of intent 
to participate from the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial Workers Union, AFL-CIO, CLC 
(collectively, the petitioner) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The petitioner claimed interested party status 
under section 771(9)(D) of the Act as a certified union representative 
of an industry engaged in the manufacture, production, or wholesale in 
the United States of a domestic like product.
---------------------------------------------------------------------------

    \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) (Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 85 FR 39526 
(July 1, 2020).
    \3\ See Petitioner's Letter, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China: Notice of 
Intent to Participate,'' dated July 16, 2020.
---------------------------------------------------------------------------

    On July 31, 2020, Commerce received an adequate substantive 
response from the petitioner within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i).\4\ Commerce did not receive submissions from any 
other interested parties. We received no substantive response from 
respondent interested parties.
---------------------------------------------------------------------------

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

    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\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
has conducted an expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on July 1, 
2020,'' dated August 20, 2020.
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by the order are shipments of certain 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. 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.
    The merchandise subject to this order may be classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
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. 
Although HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of the topics discussed in the Issues 
and Decision Memorandum is attached as an appendix to this notice. 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://enforcement.trade.gov.frn/. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on passenger tires from China would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Producer/exporter                       subsidy rate
                                                            (percent)
------------------------------------------------------------------------
GITI Tire (Fujian) Co., Ltd............................            36.79
Cooper Kunshan Tire Co., Ltd...........................            20.73
Shandong Yongsheng Rubber Group Co., Ltd...............           116.73
All Others.............................................            30.61
------------------------------------------------------------------------

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(b), and 777(i)(1) of the Act and 
19 CFR 351.218.

    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. 2020-24812 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P

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