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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; 2018-2019 Publication: Federal Register Agency: International Trade Administration Byline: Ryan Majerus Date: 29 April 2024 Subject: American Government 
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[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Notices]
[Pages 33317-33319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09092]
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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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain passenger vehicle and light truck tires (passenger tires) were
made as less than normal value during the period of review (POR) August
1, 2018, through July 31, 2019.
DATES: Applicable April 29, 2024.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1402 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2020, Commerce published the preliminary results of the
2018-2019 administrative review of the antidumping duty order on
passenger tires from the People's Republic of China (China).\1\ On June
3, 2021, Commerce deferred the deadline for the final results to
consider whether to request a voluntary remand from the U.S. Court of
International Trade of the 2017-2018 administrative review to evaluate
the information provided by U.S. Customs and Border Protection (CBP)
regarding Shandong New Continent Tire Co., Ltd. (Shandong New
Continent) (the mandatory respondent in the 2017-2018 administrative
review whose rate of zero percent was preliminarily assigned to the
separate rate respondents in the instant administrative review),
further examine whether Shandong New Continent accurately reported its
2017-2018 POR sales information, and potentially reopen the record to
solicit additional information.\2\ On February 20, 2024, Commerce
notified interested parties of its intent to issue the final results of
the 2018-2019 administrative review by no later than April 22, 2024.\3\
For a summary of the events subsequent to the Preliminary Results, see
the Issues and Decision Memorandum.\4\
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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 and Rescission, in Part: 2018-2019, 85 FR
36831 (June 18, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Deferral of the Final Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated June 3,
2021.
\3\ See Memorandum, ``Notification of Resumption of the Final
Results of Antidumping Duty Administrative Review; 2018-2019,''
dated February 20, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China; 2018-2019,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The products covered by this order are certain passenger vehicles
and light truck tires. A full description of the scope of the order is
provided in the Issues and Decision Memorandum.
Analysis of Comments Received
Commerce addressed all issues raised in the case and rebuttal
briefs in the Issues and Decision Memorandum. These 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 analysis of the comments received, we determine that
Qingdao Fullrun Tyre Corp., Ltd. (Fullrun Tyre) had no shipments during
the POR. For further details, see the Issues and Decision Memorandum.
Final Determination of No Shipments
Based on an analysis of CBP information, Commerce determines that
the following companies had no shipments during the POR: (1) Shandong
Duratti Rubber Corporation
[[Page 33318]]
Co., Ltd.; and (2) Qingdao Fullrun Tyre Corp., Ltd.
Shandong Anchi Tyres Co., Ltd. (Anchi) filed a no-shipment
certification; however, our preliminary analysis of CBP information
contradicted this claim. After further review, we determine for these
final results that Anchi had shipments during the POR. For additional
information regarding this determination, see the Issues and Decision
Memorandum.
Separate Rates
In the Preliminary Results, we found that the following companies
did not establish their eligibility for a separate rate: (1) Qingdao
Odyking Tyre Co., Ltd. (Qingdao Odyking); (2) Shandong Longyue Rubber
Co., Ltd. DBA ZODO Tire Co., Ltd. (Shandong Longyue); (3) Anchi; and
(4) Fullrun Tyre.\5\ As such, we preliminarily found that these
companies were part of the China-wide entity. No interested party filed
comments with respect to Qingdao Odyking's and Shandong Longyue's
preliminary separate rate findings; therefore, for the final results,
we continue to find that these two companies are part of the China-wide
entity. Interested parties did file comments with respect to Anchi and
Fullrun Tyre. We have examined these comments and continue to find that
Anchi is part of the China-wide entity; however, as noted above, we
have found that Fullrun Tyre had no shipments during the instant
POR.\6\
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\5\ See Preliminary Results, 85 FR 36831, 36832.
\6\ See Issues and Decision Memorandum at Comment 6.
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We also continue to find that the evidence provided by the
following respondents supports finding an absence of both de jure and
de facto government control, and, therefore, we continue to grant a
separate rate to each of these companies: (1) Qingdao Fullrun Tyre Tech
Corp., Ltd.; (2) Qingdao Powerich Tyre Co., Ltd.; (3) Qingdao Sentury
Tire Co., Ltd.; (4) Shandong Linglong Tyre Co., Ltd.; (5) Shandong
Province Sanli Tire Manufactured Co., Ltd.; (6) Shandong Yongsheng
Rubber Group Co., Ltd.; and (7) Shouguang Firemax Tyre Co., Ltd.
Rate for Non-Selected Separate Rate Respondents
The Tariff Act of 1930, as amended (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.
However, here, because both mandatory respondents were found to be
part of the China-wide entity, there are no estimated weighted-average
dumping margins calculated for exporters or producers individually
examined in this review. Therefore, consistent with our practice,\7\ we
have assigned to the non-individually examined companies that
demonstrated their eligibility for a separate rate the most recently
assigned separate rate in this proceeding (i.e., 0.00 percent).\8\
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\7\ See, e.g., Multilayered Wood Flooring from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, Final Successor-in-Interest Determination, and Final
Determination of No Shipments; 2018-2019, 86 FR 59987 (October 29,
2021), and accompanying IDM at Comment 1; and Drawn Stainless Steel
Sinks from the People's Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review; 2019-2020, 86 FR 7363
(January 28, 2021), and accompanying PDM, unchanged in Drawn
Stainless Steel Sinks from the People's Republic of China: Final
Results of the Antidumping Duty Administrative Review; 2019-2020, 86
FR 18511 (April 9, 2021).
\8\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
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China-Wide Entity
Under Commerce's current policy regarding the conditional review of
the China-wide entity, the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity.\9\ Because no party requested a review of the
China-wide entity in this review, the entity is not under review and
the entity's rate is not subject to change (i.e., 76.46 percent).\10\
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ 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, 47904, n.19 (August 10,
2015).
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Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period of August 1, 2018, through July 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Qingdao Fullrun Tyre Tech Corp., Ltd........................ 0.00
Qingdao Powerich Tyre Co., Ltd.............................. 0.00
Qingdao Sentury Tire Co., Ltd............................... 0.00
Shandong Linglong Tyre Co., Ltd............................. 0.00
Shandong Province Sanli Tire Manufactured Co., Ltd.......... 0.00
Shandong Yongsheng Rubber Group Co., Ltd.................... 0.00
Shouguang Firemax Tyre Co., Ltd............................. 0.00
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Disclosure
Normally, Commerce will disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b). However, here, Commerce is applying
a separate rate \11\ and the China-wide rate \12\ that were established
in prior segments of the proceeding. Thus, there are no calculations on
this record to disclose.
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\11\ See Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
\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 (August 10, 2015).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce will determine, and 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 the final results, we will instruct CBP to apply an ad valorem
assessment
[[Page 33319]]
rate of 76.46 percent to all entries of subject merchandise during the
POR that were exported by Qingdao Odyking and Shandong Longyue.
For the companies receiving a separate rate, we intend to assign an
assessment rate of 0.00 percent, consistent with the methodology
described above. Additionally, if Commerce determines that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's CBP case number will be
liquidated at the rate for the China-wide entity.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act for the three separate
rate respondents that do not have a superseding cash deposit rate: \13\
(1) for the exporters listed above, the cash deposit rate will be equal
to the weighted-average dumping margin established in the final results
of this review (except that, if the rate is de minimis (i.e., less than
0.5 percent), then the cash deposit rate will be zero for that
exporter); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that have separate rates, the cash
deposit rate will continue to be equal to the exporter-specific
weighted-average dumping margin published of 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 which are not eligible
for a separate rate, the cash deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that non-Chinese exporter. These
cash deposit requirements shall remain in effect until further notice.
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\13\ These three companies are: Qingdao Fullrun Tyre Tech Corp.,
Ltd.; Qingdao Powerich Tyre Co., Ltd.; and Shandong Yongsheng Rubber
Group Co., Ltd.
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Because Qingdao Sentury Tire Co., Ltd., Shandong Linglong Tyre Co.,
Ltd., Shandong Province Sanli Tire Manufactured Co., Ltd., and
Shouguang Firemax Tyre Co., Ltd. have a superseding cash deposit rate,
i.e. there have been final results published in a subsequent
administrative review, we will not issue revised cash deposit
instructions to CBP for these companies. Thus, this notice will not
affect the current cash deposit rate for these companies.
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
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 and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5).
Dated: April 22, 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--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Modify the Rate for Separate Rate
Respondents
Comment 2: Whether to Deny a Separate Rate to Shandong Linglong
Tyre Co., Ltd. (Linglong)
Comment 3: Whether to Deny a Separate Rate to Qingdao Powerich
Tyre Co., Ltd. (Qingdao Powerich)
Comment 4: Whether to Deny a Separate Rate to Shandong Yongsheng
Rubber Group Co., Ltd. (Shandong Yongsheng)
Comment 5: Whether to Deny a Separate Rate to Qingdao Fullrun
Tyre Tech Corp., Ltd. (Fullrun Tyre Tech)
Comment 6: Whether Anchi Tyres Co., Ltd. (Anchi) and Qingdao
Fullrun Tyre Corp., Ltd. (Fullrun Tyre) Have No Shipments and/or
Qualify for a Separate Rate
VI. Recommendation
[FR Doc. 2024-09092 Filed 4-26-24; 8:45 am]
BILLING CODE 3510-DS-P