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Passenger Vehicle Light Truck Tires (PVLT) From China: Final Results of Countervailing Duty Administrative Review; 2020

Publication: Federal Register
Agency: International Trade Administration
Byline: Lisa W. Wang
Date: 13 March 2023
Subjects: American Government , Tires 
[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15371-15372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05105]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Passenger Vehicle Light Truck Tires (PVLT) From China: Final 
Results of Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain exporters/producers of passenger vehicle light truck tires 
(PVLT tires) from the People's Republic of China (China) received 
countervailable subsidies during the period of review (POR) January 1, 
2020, through December 31, 2020.

DATES: Applicable March 13, 2023.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Richard 
Roberts, 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) 482-1395 
or (202) 482-3464, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on September 8, 2022, in the Federal Register, and invited 
interested parties to comment.\1\ For a detailed description of the 
events that occurred subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\2\ On December 7, 2022, in accordance 
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), Commerce extended the deadline for issuing the final results 
until March 7, 2023.\3\
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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 and Rescission of Review, in Part; 2020, 
87 FR 54961 (September 8, 2022) (Preliminary Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review 
Passenger Vehicles and Light Truck Tires from the People's Republic 
of China; 2020,'' dated concurrently with this memorandum (Issues 
and Decision Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
the Countervailing Duty Administrative Review; 2020,'' dated 
December 7, 2022.
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Scope of the Order 4
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    The products covered by the scope of the Order are PVLT tires from 
China. A full description of the scope of the Order is contained in the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum and 
are listed in the 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on comments received from interested parties and issues 
originating from verification, we revised the calculation of the net 
countervailable subsidy rates for Sumitomo Rubber (Hunan) Co., Ltd. 
(SRH). For a discussion of the issues, see the Issues and Decision 
Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Act. For each of the subsidy programs found 
to be countervailable, we find that there is a subsidy, i.e., a 
government-provided financial contribution that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\5\ For a full 
description of the methodology underlying all of Commerce's 
conclusions, including our reliance, in part, on facts otherwise 
available, including adverse facts available, pursuant to sections 
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

Non-Selected Companies' Rate

    Commerce made no changes to the methodology from the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculation for 
SRH, we revised the non-selected rate accordingly. Consequently, for 
each of the eight non-

[[Page 15372]]

selected companies for which a review was requested and not rescinded, 
we are applying an ad valorem subsidy rate of 11.05 percent.

Final Results of Review

    We find the following net countervailable subsidy rates for the 
period January 1, 2020, through December 31, 2020, as follows:
---------------------------------------------------------------------------

    \6\ Commerce finds the following companies to be cross-owned 
with Sumitomo Rubber (Hunan) Co., Ltd.: Sumitomo Rubber (China) Co., 
Ltd. and Sumitomo Rubber (Changshu) Co. Ltd.
    \7\ This rate is based on the rate for the respondent that was 
selected for individual review, excluding rates that are zero, de 
minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                           Subsidy rate
                  Producer or exporter                      (percent ad
                                                             valorem)
------------------------------------------------------------------------
Sumitomo Rubber (Hunan) Co., Ltd.\6\....................           11.05
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \7\
------------------------------------------------------------------------
Jiangsu Hankook Tire Co., Ltd...........................           11.05
Kumho Tire Co., Inc.....................................           11.05
Kumho Tire (Tianjin) Co., Inc...........................           11.05
Prinx Chengshan (Shandong) Tire Company Ltd.............           11.05
Qingdao Nexen Tire Corporation..........................           11.05
Shandong Haohua Tire Co., Ltd...........................           11.05
Shandong Province Sanli Tire Manufactured Co., Ltd......           11.05
Triangle Tyre Co., Ltd..................................           11.05
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after publication of the 
final results of this review in the Federal Register. 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).

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 above-listed 
companies with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of 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, effective upon publication of these final 
results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 7, 2023.
Lisa W. Wang,
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. Non-Selected Rate
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Continue To Find Use of the 
Export Buyer's Credit (EBC) Program
    Comment 2: Whether the Provision of Land-Use Rights for Foreign-
Invested Enterprises (FIE) for Less Than Adequate Remuneration 
(LTAR) Is Export-Contingent and Specific
    Comment 3: Whether Commerce Should Find That the Chinese Markets 
for Carbon Black and Synthetic Rubber Are Distorted
    Comment 4: Whether Commerce Should Include IHS Markit Data in 
Input Benchmark Calculations
    Comment 5: Whether Commerce Correctly Calculated Inland Freight 
Costs in the Nylon Cord Benchmark
    Comment 6: Whether the Benchmark for Electricity Includes Value-
Added Tax (VAT)
    Comment 7: Whether the Provision of Inputs for LTAR Constitutes 
a Financial Contribution
IX. Recommendation

[FR Doc. 2023-05105 Filed 3-10-23; 8:45 am]
BILLING CODE 3510-DS-P




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