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Passenger Vehicle and Light Truck Tires From Thailand: Final Results of Antidumping Duty Administrative Review; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 29 January 2024 Subject: American Government  , Tires
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[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5488-5490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01715]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-842]
Passenger Vehicle and Light Truck Tires From Thailand: Final
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Sentury Tire (Thailand) Co., Ltd. (Sentury) and Sumitomo Rubber
(Thailand) Co., Ltd. (SRT) made sales of subject merchandise in the
United States at prices below normal value (NV) during the period of
review (POR) January 6, 2021, through June 30, 2022. Commerce further
determines that sales of subject merchandise made by the non-
individually examined companies were at prices below NV.
DATES: Applicable January 29, 2024.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, 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) 482-2371 or (202) 482-0981,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2023, Commerce published the preliminary results of the
2021-2022 administrative review of the antidumping duty order on
passenger vehicle and light truck tires (passenger tires) from
Thailand.\1\ We invited interested parties to comment on the
Preliminary Results.\2\ On November 8, 2023, Commerce extended the
deadline for the final results of this administrative review until
January 23, 2024.\3\
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\1\ See Passenger Vehicle and Light Truck Tires from Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 48435 (July 27, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ Id., 88 FR at 48436.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 8, 2023.
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For a summary of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Passenger Vehicle and Light Truck Tires
from Thailand,'' 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 Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and
Amended Final Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
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The merchandise subject to this Order are passenger tires from
Thailand. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed in this administrative review in the Issues and Decision
Memorandum. A list of the issues addressed in the Issues and Decision
Memorandum is included 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.
[[Page 5489]]
Changes Since the Preliminary Results
Based on an analysis of the comments received, we have made no
changes to the Preliminary Results.
Rates for Non-Examined Respondents
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies 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 determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely on the basis of facts available.
In this review, we calculated weighted-average dumping margins of
1.24 percent and 6.16 percent for Sentury and SRT, respectively. With
two respondents under individual examination, Commerce normally
calculates: (A) a weighted average of the estimated dumping rates
calculated for the examined respondents; (B) a simple average of the
estimated dumping rates calculated for the examined respondents; and
(C) a weighted average of the estimated dumping rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rates closest to (A) as the
most appropriate rate for all other producers and exporters.\6\ As a
result of this comparison, we assigned a dumping margin of 4.52 percent
to the non-examined companies.\7\
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\6\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661 (September 1, 2020).
\7\ See Memorandum, ``Calculation of the Rate for Non-Examined
Companies for the Preliminary Results,'' dated July 30, 2023.
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Final Results of Review
We determine the following weighted-average dumping margins for the
period January 6, 2021, through June 30, 2022.
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Weight-average
Exporter/producer dumping margin
(percent)
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Sentury Tire (Thailand) Co., Ltd...................... 1.24
Sumitomo Rubber (Thailand) Co., Ltd................... 6.16
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Review-Specific Average Rate Applicable to the Following Companies
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Deestone Corporation Ltd./Deestone Corporation Public 4.52
Company Limited......................................
General Rubber (Thailand) Co., Ltd.................... 4.52
LLIT (Thailand) Co., Ltd.............................. 4.52
Maxxis International (Thailand) Co., Ltd.............. 4.52
Otani Radial Company Limited.......................... 4.52
Prinx Chengshan Tire (Thailand) Co., Ltd.............. 4.52
Sanpo (Thailand) Co., Ltd............................. 4.52
Zhongce Rubber (Thailand) Co., Ltd.................... 4.52
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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Disclosure
Because we made no changes to the calculations performed in
connection with the Preliminary Results, there are no new calculations
to disclose, in accordance with 19 CFR 351.224(b), for these final
results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. As Sentury's and SRT's weighted-average dumping margins
are not zero or de minimis (i.e., less than 0.50 percent), for these
final results, Commerce has calculated importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\9\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. Where either Sentury's and
SRT's weighted-average dumping margin is zero or de minimis, or an
importer-specific ad valorem assessment rate is zero or de minimis, we
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\10\
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\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by
either Sentury or SRT for which it did not know that the merchandise it
sold to the intermediary (e.g., reseller, trading company, or exporter)
was destined for the United States, we will instruct CBP to liquidate
such entries at the all-others rate (i.e., 17.06 percent) \11\ if there
is no rate for the intermediate company(ies) involved in the
transaction.\12\
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\11\ See Order, 86 FR at 38012.
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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[[Page 5490]]
For the companies that were not selected for individual review, we
will assign an assessment rate based on the review-specific average
rate, calculated as noted in the ``Rate for Non-Examined Respondents''
section above.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results 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
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed
companies will be equal to the weighted-average dumping margin
established in the final results of this review; (2) for producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the most recently completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established in the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 17.06 percent, the all-
others rate established in the LTFV investigation in this
proceeding.\13\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\13\ See Order.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping 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 occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy 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. Discussion of the Issues
Comment 1: The Cohen's d Test
Comment 2: Whether To Rely on SRT Data To Calculate Sentury's
Constructed Value (CV) Profit and Indirect Selling Expenses (ISE)
Comment 3: Whether To Revise Sentury Tire USA Inc.'s (Sentury
USA) Inventory Carrying Costs (ICC) Calculation
Comment 4: Whether USWAREH1U Expense Is Included in the
Calculation of Adjusted U.S. Prices for SRT
Comment 5: Whether To Grant SRT a Constructed Export Price (CEP)
Offset
V. Recommendation
[FR Doc. 2024-01715 Filed 1-26-24; 8:45 am]
BILLING CODE 3510-DS-P