Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Preliminary Determination of No Shipments; and Rescission, in Part; 2018-2019 |
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Jeffrey I. Kessler
Department of Commerce
18 June 2020
[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36831-36834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13157]
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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; Preliminary Determination of No Shipments; and
Rescission, in Part; 2018-2019
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) made sales of subject merchandise at prices below normal value
(NV) during the period of review (POR) August 1, 2018 through July 31,
2019.
DATES: Applicable June 18, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Dunne or 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) 482-2328 or (202) 482-1398,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce issued an antidumping duty (AD) order
on passenger tires from China.\1\ Several interested parties requested
that Commerce conduct an administrative review of the AD Order. On
October 7, 2019, Commerce published in the Federal Register a notice of
initiation of an administrative review of the AD Order for 28 companies
producers/exporters for the POR.\2\ On April 24, 2020, Commerce tolled
all deadlines in administrative reviews by 50 days, thereby extending
the deadline for these results until June 22, 2020.\3\
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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, 84 FR 53411 (October 7, 2019).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to Covid-19,'' dated April 24, 2020.
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[[Page 36832]]
Scope of the AD 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.\4\
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\4\ 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, Preliminary Determination of No Shipments; and Rescission,
in part; 2018-2019,'' issued concurrently with, and hereby adopted
by, this notice (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).
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. 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. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
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.
(1) Shandong Wanda Boto Tyre Co., Ltd.; (2) Cooper (Kunshan) Tire Co.,
Ltd.; (3) Shandong Guofeng Ruber Plastics Co., Ltd; (4) Hankook Tire
China Co., Ltd; (5) Jiangsu Hankook Tire Co., Ltd.; (6) Haohua Orient
International Trade Ltd.; (7) Qingdao Lakesea Tyre Co., Ltd.; (8)
Riversun Industry Limited; (9) Windforce Tyre Co., Limited; (10)
Qingdao Keter International Co.; (11) Shangdong Hengyu Science &
Technology Co., Ltd.; (12) Shangdong New Continent Tire Co., Ltd.; (13)
Pirelli Tyre Co., Ltd.; (14) Triangle Tyre Co., Ltd.; (15) Safe & Well
(HK) International Trading Limited; and (16) Zhaoqing Junhong 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 AD 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 16 companies
listed above.
Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection (CBP)
information, Commerce preliminarily determines that one company under
review, Shandong Duratti Rubber Corporation Co., Ltd., had no shipments
during the POR. Qingdao Fullrun Tyre Corp., Ltd. and Shandong Anchi
Tyres Co., Ltd. each filed no-shipment certifications; however, our
analysis of CBP information contradicts these claims. For additional
information regarding this determination, see the Preliminary Decision
Memorandum.
Consistent with an announced refinement to its assessment practice
in NME cases, Commerce is not rescinding this review, in part, but
intends to complete the review with respect to the companies for which
it has preliminarily found no shipments and issue appropriate
instructions to CBP based on the final results of the review.\5\
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\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); and
the ``Assessment Rates'' section, below.
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China-Wide Entity
Under Commerce's current policy regarding the conditional review of
the China-wide entity, the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity.\6\ Because no party requested a review of the
China-wide entity in this review, the entity is not under review and
the entity's rate is not subject to change (i.e., 76.46 percent).\7\
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\6\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\7\ See AD Order, 80 FR at 47904, n.19.
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Separate Rates
Commerce finds that: (1) Qingdao Odyking Tyre Co., Ltd. (Qingdao
Odyking); (2) Shandong Longyue Rubber Co., Ltd. DBA ZODO Tire Co., Ltd.
(Shandong Longyue); (3) Shandong Anchi Tyres Co., Ltd.; and (4) Qingdao
Fullrun Tyre Corp., Ltd. have not established their eligibility for a
separate rate and are considered to be part of the China-wide entity
for these preliminary results.
The statute and Commerce's regulations do not address what rate to
apply to respondents who are not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for non-selected respondents that are not examined
individually in an administrative review. Section 735(c)(5)(A) of the
Act states that the all-others rate should be calculated by averaging
the weighted-average dumping margins for individually-examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available. Section 735(c)(5)(B) of the Act provides
that where all rates are zero, de minimis, or based entirely on facts
available, Commerce may use ``any reasonable method'' for assigning a
rate to non-examined respondents.
However, for these preliminary results, we have not calculated any
individual rates or assigned a rate based on facts available.
Therefore, consistent with our recent practice,\8\ we preliminarily
assigned to the non-individually examined companies that demonstrated
their eligibility for a separate rate the most recently assigned
separate rate in this proceeding (i.e., 0.00 percent).\9\
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\8\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results of Antidumping
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12,
2016), and accompanying Preliminary Decision Memorandum at 10-11,
unchanged in Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
\9\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2018 through
July 31, 2019:
[[Page 36833]]
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Weighted-
average
Exporter dumping
margin
(percent)
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Qingdao Fullrun Tyre Tech Corp., Ltd........................ 0.00
Qingdao Powerich Tyre Co., Ltd.............................. 0.00
Qingdao Sentury Tire Co., Ltd............................... 0.00
Shandong Linglong Tyre Co., Ltd............................. 0.00
Shandong Province Sanli Tire Manufactured Co., Ltd.......... 0.00
Shandong Yongsheng Rubber Group Co., Ltd.................... 0.00
Shouguang Firemax Tyre Co., Ltd............................. 0.00
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Disclosure and Public Comment
Normally, Commerce will disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of the notice of preliminary results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, here, Commerce
preliminary applied a separate rate \10\ and the China-wide rate \11\
that were established in prior segments of the proceeding. Thus, there
are no calculations on this record to disclose.
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\10\ Id.
\11\ See AD Order.
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Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\12\ Rebuttal briefs may be filed no later than seven days after
case briefs are due, and may respond only to arguments raised in the
case briefs.\13\ 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.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2), (d)(2).
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Pursuant to 19 CFR 351.310(c), 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,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\15\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing.\16\
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\17\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time on the due date. Note
that Commerce has modified certain of its requirements for serving
documents containing business proprietary information until July 17,
2020, unless extended.\18\
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\17\ See generally 19 CFR 351.303.
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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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.\19\ For the final results, if we
continue to treat the following companies as part of China-wide entity,
we will instruct CBP to apply an ad valorem assessment rate of 76.46
percent to all entries of subject merchandise during the POR that were
exported by Qingdao Odyking and Shandong Longyue. For the companies
receiving a separate rate, we intend to assign an assessment rate of
0.00 percent, consistent with the methodology described above.
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. Commerce intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\19\ See 19 CFR 351.212(b)(1).
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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.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for 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 Chinese and non-Chinese exporters
not listed above that have separate rates, the cash deposit rate will
continue to be equal to the exporter-specific weighted-average dumping
margin published of the most recently-completed segment of this
proceeding; (3) for all Chinese exporters of subject merchandise that
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;
and (4) for all exporters of subject merchandise which are not located
in China and which are not eligible for a separate rate, the cash
deposit rate will be the rate applicable to Chinese exporter(s) that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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
[[Page 36834]]
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
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: June 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the AD Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2020-13157 Filed 6-17-20; 8:45 am]
BILLING CODE 3510-DS-P