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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Ryan Majerus Date: 12 March 2024 Subjects: American Government  , Tires
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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17817-17819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05169]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
exporters of passenger vehicle and light truck tires (passenger tires)
from the People's Republic of China (China) listed in the ``Final
Results of Review'' section below, sold subject merchandise at less
than normal value during the period of review (POR), August 1, 2021,
through July 31, 2022. Further, we also determine that certain
companies under review had no shipments of subject merchandise to the
United States during the POR.
DATES: Applicable March 12, 2024.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll or Terre Keaton
Stefanova, AD/CVD Operations, Office IX, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4948
or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2023, we published the Preliminary Results and
invited interested parties to comment.\1\ On December 4, 2023, Commerce
extended the deadline of the final results of this administrative
review to March 5, 2024, 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\
For details regarding the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\3\
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\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, Partial Rescission, and Preliminary
Determination of No Shipments; 2021-2022, 88 FR 61506 (September 7,
2023) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2021-2022 Antidumping Duty Administrative Review,'' dated December
4, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China and Final Determination of No Shipments; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice.
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Scope of the Order 4
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\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).
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The products covered by this Order are certain passenger vehicle
and light truck tires from China. For a complete description of the
scope of the Order, see the Preliminary Results.
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
in the Issues and Decision Memorandum. A list of the issues that
parties raised is provided in Appendix I of 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 regarding the
Preliminary Results, we have made certain changes to the margin
calculations for Giti and Sumitomo.\5\ For a discussion of these
changes, see the Issues and Decision Memorandum.
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\5\ Giti consists of the following companies: Giti Tire Global
Trading Pte. Ltd.; Giti Radial Tire (Anhui) Company Ltd.; Giti Tire
(Fujian) Company Ltd.; Giti Tire (Hualin) Company, Ltd.; Giti Tire
Greatwall Company. Ltd.; Giti Tire (Anhui) Company; Giti Tire
(Yinchuan) Company Ltd.; and Giti Tire (Chongqing) Company Ltd.
(collectively, Giti). Sumitomo consists of the following companies:
Sumitomo Rubber (Hunan) Co., Ltd.; Sumitomo Rubber (Changshu) Co.,
Ltd. (SRC); and Sumitomo Rubber Industries Ltd. (collectively,
Sumitomo).
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[[Page 17818]]
Final Determination of No Shipments
In the Preliminary Results, we determined that the following
companies did not have shipments of subject merchandise during the POR:
(1) Crown International Corporation; (2) Prinx Chengshan (Shandong)
Tire Company, Ltd.; (3) Qingdao Nama Industrial Co., Ltd.; (4) Shandong
Changfeng Tyres Co., Ltd.; (5) Shandong Duratti Rubber Corporation Co.,
Ltd.; (6) Shandong Transtone Tyre Co., Ltd.; (7) Shandong Yongsheng
Rubber Group Co., Ltd.; and (8) Triangle Tyre Co., Ltd. (Triangle
Tyre).\6\ We received comments from the petitioner \7\ and Triangle
Tyre regarding the no-shipments claim for Triangle Tyre.\8\ However, we
continue to find that each of the above-listed companies had no
shipments of subject merchandise during the POR and we will issue
appropriate liquidation instructions consistent with our ``automatic
assessment'' clarification for these final results.\9\
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\6\ See Preliminary Results, 88 FR at 61507.
\7\ The petitioner is the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC.
\8\ See the Issues and Decision Memorandum at Comment 7 for a
discussion of the comments received regarding Triangle Tyre's no-
shipment claim.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Non-Market
Economy Assessment Notice).
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Separate Rates
In the Preliminary Results, we found that Zhongce Rubber Group Co.,
Ltd. (Zhongce) did not establish its eligibility for a separate
rate.\10\ Moreover, we determined that 14 other companies under review
did not establish their eligibility for a separate rate because they
failed to provide either a separate rate application, a separate rate
certification, or a no-shipment certification (if they were already
eligible for a separate rate). As such, we preliminarily determined
that Zhongce and these 14 other companies are part of the China-wide
entity. No party filed comments on these determinations in the
Preliminary Results. Therefore, for the final results, we continue to
find that these 15 companies are part of the China-wide entity. See
Appendix III for a complete list of these 15 companies.
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\10\ See Preliminary Results PDM at 11.
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In the Preliminary Results, we determined that Giti, Sumitomo, and
12 other companies demonstrated their eligibility for separate
rates.\11\ No party filed comments on these determinations in the
Preliminary Results. Therefore, we made no changes to our preliminary
separate rate findings and we continue to find that Giti, Sumitomo, and
the 12 companies listed in Appendix II have demonstrated their
eligibility for a separate rate in this review.
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\11\ Id. at 10.
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Rate for Non-Selected Separate Rate Respondents
The Act and Commerce's regulations do not address what rate to
apply to respondents 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 calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. When the rates for individually examined companies are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate. Accordingly, for these final
results, we calculated a simple average of the dumping margin for the
separate rate respondents using the calculated rates of the mandatory
respondents, Giti and Sumitomo, which are not zero, de minimis, or
determined entirely on the basis of facts available. See Appendix II
for the list of these companies.
Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period August 1, 2021, through July 31, 2022:
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Weighted-average
Exporter dumping margin
(percent)
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Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire 53.41
(Anhui) Company Ltd.; Giti Tire (Fujian) Company
Ltd.; Giti Tire (Hualin) Company Ltd.; Giti Tire
Greatwall Company, Ltd.; Giti Tire (Anhui) Company,
ltd.; Giti Tire (Yinchuan) Company, Ltd.; and Giti
Tire (Chongqing) Company, Ltd.......................
Sumitomo Rubber Industries Ltd.; Sumitomo Rubber 2.47
(Hunan) Co., Ltd.; and Sumitomo Rubber (Changshu)
Co., Ltd............................................
Separate Rate Companies \12\......................... 27.94
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Disclosure
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\12\ See Appendix II for the list of these companies.
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Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce will determine, 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.
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. 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).
For Giti and Sumitomo, we calculated importer-specific assessment
rates on the basis of the ratio of the total amount of antidumping
duties calculated for each importer's examined sales and the total
entered value of the sales, in accordance with 19 CFR 351.212(b)(1).
Where either a respondent's weighted-average dumping margin is zero or
de minimis, within the meaning of 19 CFR 351.106(c)(1) of the Act, or
an importer-specific rate is zero or de minimis, we will instruct CBP
to liquidate appropriate entries without regard to antidumping duties.
[[Page 17819]]
Pursuant to Commerce's assessment practice,\13\ for entries that
were not reported in the U.S. data submitted by Giti and Sumitomo, we
will instruct to CBP to liquidate such entries at the China-wide rate
(i.e., 76.46 percent).\14\ Additionally, where Commerce determined that
an exporter under review had no shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the weighted-average dumping margin
assigned to the China-wide entity.
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\13\ See Non-Market Economy Assessment Notice, 76 FR at 65694,
for a full discussion of this practice.
\14\ See Order, 80 FR at 47906.
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For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the simple average of the dumping margin calculated using the
rates assigned to Giti and Sumitomo in these final results.
For the companies found not eligible for a separate rate and part
of the China-wide entity, we will instruct CBP to liquidate all entries
of subject merchandise during the POR exported by these companies at
the China-wide assessment rate of 76.46 percent.
Cash Deposit Requirements
The following cash deposit requirements will be effective for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date for the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) for Giti, Sumitomo, and the other exporters listed above that
have a separate rate, the cash deposit rate will be the rate
established in the final results of review (except, if the rate is zero
or de minimis, then a cash deposit rate of zero will be established for
that company); (2) for previously investigated or reviewed exporters
not listed in the table above that have separate rates, the cash
deposit rate will continue to be the existing exporter-specific rate
published for the most recently-completed segment of this proceeding;
(3) for all Chinese exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
the rate for the China-wide entity (i.e., 76.46 percent); and (4) for
all exporters of subject merchandise which are not located in China and
have not received their own rate, the cash deposit rate will be the
rate applicable to the Chinese exporter(s) that supplied that non-China
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing 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 which is subject to sanction.
Notification to Interested Parties
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.213(h)(1) and 351.221(b)(5).
Dated: March 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Enforcement and Compliance, performing
the non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Financial Statements
Comment 3: Surrogate Value (SV) for Labor
Comment 4: SVs for Electricity and Water
Comment 5: SV for Truck Freight
Comment 6: Whether To Grant an Export Subsidy Offset
Comment 7: Triangle Tyre Co., Ltd's (Triangle Tyre) No-Shipment
Status
Comment 8: Whether Commerce Should Inform U.S. Customs and
Border Protection (CBP) Regarding the Shipments Addressed by Prinx
Chengshan (Shandong) Tire Company Ltd. (PCT)
Comment 9: Whether Commerce Should Use Giti's Reported Factoring
Discount
Comment 10: Ministerial Errors for Giti
Comment 11: Differential Pricing Analysis
Comment 12: Offset for SRC's Production of Turn Up Bladders
(TUB)
Comment 13: Ministerial Errors for Sumitomo
V. Recommendation
Appendix II
Separate Rate Companies
1. Anhui Jichi Tire Co., Ltd.
2. Hankook Tire China Co., Ltd.
3. Jiangsu Hankook Tire Co., Ltd.
4. Koryo International Industrial Limited
5. Mayrun Tyre (Hong Kong) Limited
6. Qingdao Keter International Co., Limited
7. Qingdao Sentury Tire Co., Ltd.; Sentury (Hong Kong) Trading Co.,
Limited
8. Qingdao Sunfulcess Tyre Co., Ltd.
9. Shandong Haohua Tire Co., Ltd.
10. Shandong Linglong Tyre Co., Ltd.
11. Shandong New Continent Tire Co., Ltd.
12. Shandong Province Sanli Tire Manufactured Co., Ltd.
Appendix III
Companies Found To Be Part of the China-Wide Entity
1. Aeolus Tyre Corp., Ltd.
2. Double Coin Tire Ltd.
3. Hongtyre Group Co.
4. Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial Co.,
Ltd.
5. Qingdao Crowntyre Industries Co., Ltd.
6. Shandong Habilead Rubber Co., Ltd.
7. Shangdong Hengfeng Rubber & Plastic Co., Ltd.
8. Shangdong Hengyu Science & Technology Co., Ltd.
9. Shangdong Longyue Rubber Co., Ltd. (aka ZODO Tire Co., Ltd.)
10. Shangdong Yongfeng Tyres Co., Ltd.
11. Shanghai Tire & Rubber (Group) Ltd.
12. Tianjin Wanda Tyre Group Company, Ltd.
13. Tyrechamp Group Co., Limited
14. Wendeng Sanfeng Tyre Co., Ltd.
15. Zhongce Rubber Group Co., Ltd.
[FR Doc. 2024-05169 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P