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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 15 April 2024 Subject: American Government 
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26130-26132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07902]
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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: Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on passenger vehicle and light truck tires from the People's
Republic of China (China) to correct a ministerial error. The period of
review (POR) is August 1, 2021, through July 31, 2022.
DATES: Applicable April 15, 2024.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, 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.
SUPPLEMENTARY INFORMATION:
Background
On March 12, 2024, Commerce published the Final Results in the
Federal Register.\1\ Also on March 12, 2024, we received a timely
submitted ministerial error allegation from Giti.\2\ On March 13, 2024,
we received rebuttal comments from the petitioner.\3\ We are amending
the Final Results to correct the ministerial error Giti alleged.
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\1\ See 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, 89 FR 17817 (March 12, 2024) (Final Results), and accompanying
Issues and Decision Memorandum (IDM).
\2\ See Giti's Letter, ``Ministerial Errors Comment,'' dated
March 12, 2024 (Ministerial Error Comments). 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).
\3\ The petitioner is the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC. See Petitioner's Letter,
``Request to Reject Giti's Untimely New Argument,'' dated March 13,
2024.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \4\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review . . .''
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\4\ See 19 CFR 351.224(f).
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Ministerial Error
In the Final Results, we continued to rely on a boat freight
surrogate value using data from Maersk stated on a U.S. dollar per-
kilogram basis.\5\ In its Ministerial Error Comments, Giti alleged that
Commerce intended to value the boat freight surrogate value on a per-
kilogram, per-kilometer basis, noting that, in the calculation of boat
freight, Commerce multiplied the input quantity in kilograms by both
the boat freight surrogate value and a distance in kilometers.\6\
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\5\ See Final Results IDM at Comment 10.
\6\ See Ministerial Error Comments at 3.
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We agree with Giti that we made a ministerial error in the Final
Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and
have amended our calculations to correct the calculation of boat
freight to remove the distance in kilometers.
Pursuant to 19 CFR 351.224(e), we are amending the Final Results to
correct this ministerial error in the calculation of the weighted-
average dumping margin for Giti, which changes from 53.41 percent to
20.52 percent. Furthermore, based on the revised weighted-average
dumping margin calculated for Giti, we are also amending the rate for
the companies not selected for individual examination in this review,
which changes from 27.94 percent to 11.50 percent.\7\
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\7\ See Memorandum, ``Calculation of the Amended Final Cash
Deposit Rate for Non-Selected Companies,'' dated concurrently with
this notice.
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For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\8\ The Ministerial Error Memorandum is a public document
and is on file electronically via ACCESS. ACCESS is available to
registered users at https://access.trade.gov.
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\8\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum); see also Memorandum,
``Calculations for Giti for the Amended Final Results,'' dated
concurrently with this notice.
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Amended Final Results of Review
As a result of correcting the ministerial error described above, we
determine the following estimated weighted-average dumping margins for
the period August 1, 2021, through July 31, 2022:
[[Page 26131]]
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Weighted-
average
Exporter dumping
margin
(percent)
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Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire 20.52
(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...............................
Companies Not Selected for Individual Review \9\........ 11.50
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Disclosure
We intend to disclose the calculations performed in connection with
these amended final results of review to parties in this review within
five days of the date of publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
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\9\ See the appendix for the list of these companies.
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Assessment Rates
Pursuant to section 751(a)(2)(C) 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 amended 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 amended 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).\10\ 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.
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\10\ Sumitomo's dumping margin did not change in these amended
final results.
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Pursuant to Commerce's assessment practice,\11\ for entries that
were not reported in the U.S. data submitted by Giti, we will instruct
to CBP to liquidate such entries at the China-wide rate (i.e., 76.46
percent).\12\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
\12\ 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, 47906 (August 10, 2015)
(Order).
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For the respondents not selected for individual examination in this
administrative review that qualified for a separate rate, the
assessment rate will be equal to the simple average of the margin
calculated for Giti in these amended final results and Sumitomo in the
Final Results.
Cash Deposit Requirements
The following amended cash deposit requirements will be effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after March 12, 2024, the publication
date of the Final Results, as provided by section 751(a)(2)(C) of the
Act: (1) the amended cash deposit rate for Giti and the other exporters
not individually examined in this administrative review that have a
separate rate, the cash deposit rate will be the rate established in
the amended 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 duties prior to liquidation
of the relevant entries during this review period. 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 serves as the final reminder to parties subject to
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these amended final results of review
in accordance with sections 751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: March 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
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
[[Page 26132]]
Manufactured Co., Ltd.
[FR Doc. 2024-07902 Filed 4-12-24; 8:45 am]
BILLING CODE 3510-DS-P