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Passenger Vehicle and Light Truck Tires From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 5 February 2024 Subjects: American Government  , Tires
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[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Pages 7682-7684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02235]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-908]
Passenger Vehicle and Light Truck Tires From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 7683]]
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Hankook Tire & Technology Co., Ltd. (Hankook TT), Nexen Tire
Corporation (Nexen), and Kumho Tire Co., Inc. sold subject merchandise
in the United States at prices below normal value during the period of
review (POR) January 6, 2021, through June 30, 2022.
DATES: Applicable February 5, 2024.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Charles DeFilippo,
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) 482-1396
and (202) 482-3979, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results.
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\1\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022; 88 FR 51296 (August 3, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
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On November 21, 2023, we extended the deadline for the final
results, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\2\ The deadline
for the final results of this review is January 30, 2024.
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\2\ See Memorandum, ``Extension of Deadline for the Final
Results of Antidumping Duty Administrative Review,'' dated November
21, 2023.
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These final results cover three producers and/or exporters of
subject merchandise.\3\ Based on an analysis of the comments received,
we made certain changes to the weighted-average dumping margins
determined for Hankook TT and Nexen. The weighted-average dumping
margins are listed in the ``Final Results of Review'' section, below.
Commerce conducted this review in accordance with section 751(a) of the
Act.
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 87 FR 54463 (September 6, 2022).
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Scope of the Order 4
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\4\ 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 covered by the Order is passenger vehicle and light
truck tires.
For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the Antidumping Duty Administrative Review: Passenger Vehicle and
Light Truck Tires from the Republic of Korea; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted with this
notice. The issues are identified 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 our review and analysis of the comments received from
parties, we made certain changes to Hankook TT's and Nexen's margin
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to 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 a market
economy investigation, for guidance when calculating the rate 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
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have calculated a weighted-average dumping
margin for Hankook TT and Nexen that are not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly,
Commerce has assigned a dumping margin to the non-examined company,
Kumho Tire Co., Inc., that is equal to the weighted average of the
dumping margins calculated for Hankook TT and Nexen, weighted by the
publicly ranged total U.S. sales value for each respondent, consistent
with the guidance in section 735(c)(5)(A) of the Act.\6\
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\6\ See Memorandum, ``Rate for Non-Examined Companies,'' dated
concurrently with this notice.
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Final Results of Review
We are assigning the following estimated weighted-average dumping
margins to the firms listed below for the period January 6, 2021,
through June 30, 2022:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Hankook Tire & Technology Co., Ltd \7\...................... 6.30
Nexen Tire Corporation...................................... 4.29
Kumho Tire Co., Inc......................................... 5.40
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Disclosure
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\7\ In the original investigation, Commerce noted that Hankook
Tire Mfg. Co., Ltd. and Hankook Tire Co., Ltd. are alternative names
for Hankook Tire & Technology Co. Ltd. See Passenger Vehicle and
Light Truck Tires from the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less than Fair Value,
Postponement of Final Determination and Extension of Provisional
Measures, 86 FR 501 (January 6, 2021), and accompanying Preliminary
Decision Memorandum at 2 (n. 9).
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Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register.\8\ 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
[[Page 7684]]
statutory injunction has expired (i.e., within 90 days of publication).
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\8\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Where the respondent reported reliable entered values, we
calculated importer--(or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\9\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer--(or customer-) specific assessment rates based on
the resulting per-unit rates.\10\ Where an importer--(or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\11\ Where an importer--(or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\12\
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\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ Id.
\12\ See 19 CFR 351.106(c)(2).
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For the company not selected for individual review, we will assign
an assessment rate based on the methodology described in the ``Rates
for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Hankook, Nexen, or the
non-examined companies for which the producer did not know that its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate if there is no rate
for the intermediate company(ies) involved in the transaction.\13\
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\13\ 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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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 publication date of the final results
of this administrative review, as provided for by section 751(a)(2)(C)
of the Act: (1) the cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review or
the original less-than-fair-value (LTFV) investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 21.74 percent,\14\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\14\ 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).
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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 the 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
administrative protective order (APO) of their responsibility
concerning the destruction 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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
351.221(b)(5) of Commerce's regulations.
Dated: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Hankook's Inventory Carrying Cost Adjustment
Comment 2: Hankook's Freight Revenue Offset
Comment 3: Hankook's Affiliated-Party Sales in the Home Market
Comment 4: Hankook's Beginning Sale Dates in the U.S. Market
Comment 5: Hankook's U.S. Commissions
Comment 6: Hankook's Tire & Technology Co., Ltd.'s Name
Comment 7: Nexen's Beginning Sales Dates in the Home Market and
U.S. Market
Comment 8: Nexen's Home Market Physical Characteristics
Comment 9: Nexen's Levels of Trade
Comment 10: Nexen's Home Market Logistics Revenue
VI. Recommendation
[FR Doc. 2024-02235 Filed 2-2-24; 8:45 am]
BILLING CODE 3510-DS-P