Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018 |
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Christian Marsh
Department of Commerce
22 April 2021
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21275-21277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08362]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers/exporters of passenger vehicle and light truck tires
(passenger tires) from the People's Republic of China (China) received
countervailable subsidies during the period of review, January 1, 2018,
through December 31, 2018.
DATES: Applicable April 22, 2021.
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) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review in the Federal Register on December 18, 2020.\1\ We invited
interested parties to comment on the Preliminary Results.
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\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Results of Countervailing
Duty Administrative Review, Rescission in Part, and Intent to
Rescind in Part; 2018, 85 FR 82437 (December 18, 2020) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
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On January 19, 2021, we received a case brief and a letter in lieu
of a case brief from Triangle Tyre Co., Ltd. (Triangle Tyre) and
Qingdao Fullrun Tyre Tech Corp., Ltd. (Fullrun Tyre), respectively.\2\
On January 29, 2021, we received a rebuttal brief from United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied
[[Page 21276]]
Industrial and Service Workers Union, AFL-CIO (collectively, the
petitioner).\3\ For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
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\2\ See Triangle Tyre's Letter, ``Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Case Brief of
Triangle Tyre Co., Ltd.,'' dated January 19, 2021; see also Fullrun
Tyre Tech's Letter, ``Passenger Vehicle and Light Truck Tires from
China-Letter in Lieu of Case Brief,'' dated January 19, 2021.
\3\ See Petitioner's Letter, ``Administrative Review of the
Countervailing Duty Order on Certain Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Petitioner's
Rebuttal Brief,'' dated January 29, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018 Administrative Review of the
Countervailing Duty Order of 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).
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Scope of the Order \5\
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\5\ 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) (CVD Order).
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The products covered by the order are passenger tires from China.
For a complete description of the scope of order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in parties' briefs are addressed in the Issues
and Decision Memorandum. A list of the issues addressed is attached to
this notice as an appendix. 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 directly at http://enforcement.trade.gov/frn/.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we determine
that there is a subsidy, i.e., a government-provided financial
contribution that gave rise to a benefit to the recipient, and that the
subsidy is specific.\6\ For a full description of the methodology
underlying our conclusions, see the Issues and Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts otherwise available pursuant to section 776(a) of the Act, as
well as adverse facts available pursuant to section 776(b) of the Act.
For further information, see ``Use of Facts Otherwise Available'' in
the Issues and Decision Memorandum.
Partial Rescission of Review
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\7\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\8\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated countervailing duty
assessment rate calculated for the review period.\9\
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\7\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\8\ See 19 CFR 351.212(b)(2).
\9\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, three of the six companies
subject to this review, which were not chosen as mandatory respondents
and which did not withdraw their review requests, did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\10\ Because there is no evidence on the
record to indicate that these companies had entries, exports, or sales
of subject merchandise to the United States during the POR, pursuant to
19 CFR 351.213(d)(3), we are rescinding the review with respect to
these companies. In the Preliminary Results, we also stated that we
intended to rescind the administrative review with respect Qingdao
Fullrun Tyre Tech Corp., Ltd. However, because Qingdao Fullrun Tyre
Tech Corp., Ltd. did not request a review and was not identified in the
Initiation Notice, we are not rescinding the review with respect to
this company. Rather, we are rescinding the review with respect to
Qingdao Fullrun Tech Tyre Corp., the company that requested a review,
was named in the Initiation Notice, and for which we found no
reviewable entries (see Comment 2 of the Issues and Decision
Memorandum).
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\10\ These three companies are Hankook Tire China Co., Ltd.;
Qingdao Fullrun Tech Tyre Corp., Ltd.; and Qingdao Powerich Tyre
Co., Ltd.
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Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination in administrative reviews, Commerce's practice is to weight
average the net subsidy rates for the selected mandatory companies,
excluding rates that are zero, de minimis, or based entirely on facts
available. In this review, we calculated rates based entirely on facts
available for each of the mandatory respondents during the POR. In
countervailing duty administrative reviews, where the number of
respondents being individually examined has been limited, Commerce has
determined that a ``reasonable method'' to determine the rate
applicable to companies that were not individually examined when all
the rates of selected mandatory respondents are zero, de minimis, or
based entirely on adverse facts available is to assign to the non-
selected respondents the average of the most recently determined rates
that are not zero, de minimis, or based entirely on facts
available.\11\ However, if a non-selected respondent has its own
calculated rate that is contemporaneous with or more recent than such
previous rates, Commerce has found it appropriate to apply that
calculated rate to the non-selected respondent, even when that rate is
zero or de minimis.\12\
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\11\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes
from Turkey: Final Results of Countervailing Duty Administrative
Review; Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140 (August 27, 2014); see
also Cut-to-Length Carbon-Quality Steel Plate from the Republic of
Korea; Final Results of Countervailing Duty Administrative Review;
2012, 79 FR 46770 (August 11, 2014), and accompanying Issues and
Decision Memorandum at ``Non-Selected Rate.''
\12\ Id.
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With regard to the three remaining non-selected companies, which
have no prior individual rates from prior segments, we are assigning
the rate of 20.05 percent ad valorem, which is the average of the
above-de minimis rates calculated in the last review.
Final Results of Review
We determine the following net countervailable subsidy rates for
the period January 1, 2018, through December 31, 2018:
[[Page 21277]]
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Subsidy rate
Producers/exporters \13\ (percent ad
valorem)
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Shandong Duratti Rubber Corporation Co., Ltd............ 116.50
Shandong Longyue Rubber Co. Ltd......................... 116.50
Shandong Anchi Tyre Co., Ltd............................ 116.50
Triangle Tyre Co. Ltd................................... 116.50
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Review-Specific Average Rate Applicable to the Following Companies
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Jiangsu Hankook Tire Co., Ltd........................... 20.05
Qingdao Fullrun Tyre Corp., Ltd......................... 20.05
Shandong Province Sanli Tire Manufactured Co., Ltd...... 20.05
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Assessment and Cash Deposit Requirements
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of these final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. For the companies for which this review is rescinded, Commerce
will instruct CBP to assess countervailing duties on all appropriate
entries at a rate equal to the cash deposit of estimated countervailing
duties required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2018, through December 31,
2018, in accordance with 19 CFR 351.212(c)(1)(i). We intend to issue
instructions to CBP no earlier than 35 days after publication of the
final results of this review. If a timely summons is filed at the U.S.
Court of International Trade, the assessment instructions will direct
CBP not to liquidate relevant entries until the time for parties to
file a request for a statutory injunction has expired (i.e., within 90
days of publication).
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\13\ We are not disclosing any final calculations as we did make
any revisions to the preliminary AFA calculations in connection with
the final results of this review. See Preliminary Decision
Memorandum at 18-20.
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Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the respective
companies listed above with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review. For all non-
reviewed firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a 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 the 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.
Notification to Interested Parties
These final results of this review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 16, 2021.
Christian Marsh,
Acting 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. Rescission of the Administrative Review, in Part
V. Rate for Non-Selected Companies Under Review
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Comments
Comment 1: Whether the Application of Adverse Facts Available to
Triangle Tyre Co., Ltd. was Lawful
Comment 2: Whether Commerce Should Rescind the Review with
Respect to Qingdao Fullrun Tyre Tech Corp., Ltd.
VIII. Recommendation
[FR Doc. 2021-08362 Filed 4-21-21; 8:45 am]
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