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Truck and Bus Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review in Part, 2022 Publication: Federal Register Agency: International Trade Administration Byline: Ryan Majerus Date: 13 February 2024 Subjects: American Government  , Tires
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[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10034-10036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02929]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review and
Rescission of Review in Part, 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of truck and bus tires from the People's Republic of
China (China), during the period of review (POR) from January 1, 2022,
through December 31, 2022. In addition, Commerce is rescinding the
review, in part, with respect to 15 companies. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable February 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2631.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2019, Commerce published in the Federal Register
the countervailing duty order on truck and bus tires from China.\1\ On
February 2, 2023, Commerce published in the Federal Register the notice
of initiation of an administrative review of the Order.\2\ On May 19,
2022, Commerce selected Qingdao Ge Rui Da Rubber Co., Ltd. and
Bridgestone (Shenyang) Tire Co., Ltd. (Bridgestone Shenyang) for
individual examination as the mandatory respondents in this
administrative review.\3\ On June 12, 2023, Bridgestone Corporation,
Bridgestone Tire Co. Ltd. (Bridgestone Tire), and Bridgestone Shenyang
(collectively, Bridgestone Companies) withdrew their request for
administrative review.\4\ On June 20, 2023, we selected Jiangsu Hankook
Tire Co., Ltd. (Jiangsu Hankook) for individual examination.\5\ On July
3, 2023, Jiangsu Hankook withdrew its request for review.\6\ On
September 8, 2023, we selected Jiangsu General Science Technology Co.,
Ltd. (General Science) for individual examination and requested that
the GOC forward the initial questionnaire.\7\ On September 29, 2023,
Commerce extended the deadline for the preliminary results of review by
100 days, until February 8, 2024.\8\
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\1\ See Truck and Bus Tires from the People's Republic of China:
Amended Final Determination and Countervailing Duty Order, 84 FR
4434 (February 15, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609 (April 11, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated June 2,
2023.
\4\ See Bridgestone Companies' Letter, ``Withdrawal of Request
for Administrative Review,'' dated June 12, 2023.
\5\ See Memorandum, ``Second Respondent Selection,'' dated June
20, 2023.
\6\ See Jiangsu Hankook's Letter, ``Withdrawal of Request for
Administrative Review,'' dated July 3, 2023.
\7\ See Commerce's Letter, ``Second Selection of Additional
Mandatory Respondent,'' dated September 8, 2023.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2021,'' dated
September 29, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review and Recission
of Review in Part; 2022: Truck and Bus Tires from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are truck and bus tires. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\10\
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\10\ See Preliminary Decision Memorandum.
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[[Page 10035]]
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
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).\11\ For a full description of the methodology
underlying our conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
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\11\ 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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Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
withdrawal requests with respect to 15 companies, pursuant to 19 CFR
351.213(d)(1).\12\ Because the withdrawal requests were timely filed,
and no other parties requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to these 15 companies. For a complete
list of companies, see Appendix II to this notice.
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\12\ See Preliminary Decision Memorandum at ``Partial Rescission
of Administrative Review.''
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Preliminary Results of Review
Commerce preliminarily determines that the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
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\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Qingdao Ge Rui Da Tire Company: Cooper Tire (China) Investment Co.
Ltd.; Cooper Tire Asia-Pacific (Shanghai) Trading Co., Ltd.; Qingdao
Yiyuan Investment Co., Ltd.; Goodyear Dalian Tire Company Limited;
and Goodyear Tire Management Company (Shanghai) Ltd.
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Subsidy rate
Manufacturer/exporter (percent ad
valorem)
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Jiangsu General Science Technology Co., Ltd............. 124.00
Qingdao Ge Rui Da Rubber Co., Ltd.\13\.................. 10.27
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Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties in the amounts calculated in the final results of
this review 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. If the rate calculated in the final results is
zero or de minimis, no cash deposit will be required on shipments of
the 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.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producers/exporters shown above. Upon
completion of the administrative review, consistent with section
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies for which this review is rescinded with these
preliminary results, we 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, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, we intend
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.
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).
Verification
While we did not receive a request for verification, as provided in
section 782(i)(3) of the Act, Commerce intends to verify the part of
the information relied upon for its final results of review.
Specifically, Commerce intends to verify usage of the export buyer's
credit program as discussed in the Preliminary Decision Memorandum.\14\
Commerce intends to notify parties of its verification procedures.
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\14\ See Preliminary Decision Memorandum at section
``Application of FA and AFA: Export Buyer's Credits.''
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Disclosure and Public Comment
We will disclose to parties in this review, the calculations
performed for these preliminary results within five days after the date
of publication of this notice.\15\ Case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance. Commerce will notify interested parties of the deadline
for the submission of case briefs. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs unless otherwise modified by
Commerce.\16\
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\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(d)(1).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\17\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
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[[Page 10036]]
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the date of publication of this
notice. Hearing requests should contain (1) the party's name, address,
and telephone number, (2) the number of participants and whether any
participant is a foreign national, and (3) a list of the issues to be
discussed. If a request for a hearing is made, parties will be notified
of the date and time for the hearing to be determined.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results and notice 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: February 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
Non-exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Diversification of China's Economy
VI. Use of Faces Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Interest Rate, Discount Rate, Input, Electricity, and Land
Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II--Companies Rescinded from Review
1. Bridgestone (Shenyang) Tire Co., Ltd.
2. Bridgestone Tire Co. Ltd.
3. Chongqing Hankook Tire Co., Ltd.
4. Jiangsu Hankook Tire Co., Ltd
5. Prinx Chengshan (Shandong) Tire Company Ltd. and its cross-owned
companies: Chengshan Group Co., Ltd.; Shanghai Chengzhan Information
and Technology Center; Prinx Chengshan (Qingdao) Industrial Research
& Design Co., Ltd.; Shandong Prinx Chengshan Tire Technology
Research Co., Ltd.
6. Qingdao Fullrun Tyre Corp. Ltd.
7. Sailun Group (Hong Kong) Co., Limited
8. Sailun Group Co., Ltd.
9. Shandong Haohua Tire Co., Ltd.
10. Shandong Kaixuan Rubber Co., Ltd.
11. Shandong Linglong Tyre Co., Ltd.
12. Shandong Transtone Tyre Co., Ltd.
13. Sinotyre International Group Co., Ltd
14. Triangle Tyre Co., Ltd.
15. Weifang Shunfuchang Rubber and Plastic Products Co., Ltd.
[FR Doc. 2024-02929 Filed 2-12-24; 8:45 am]
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