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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, Part; 2022 Publication: Federal Register Agency: International Trade Administration Byline: Ryan Majerus Date: 7 May 2024 Subjects: American Government  , Tires
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[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38073-38075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09870]
[[Page 38073]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission of Review, Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies were provided to producers and exporters
of certain passenger vehicles and light truck tires (PVLT) from the
People's Republic of China (China) during the period of review (POR),
January 1, 2022, through December 31, 2022. In addition, Commerce is
rescinding this review, in part, with respect to 18 companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable May 7, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1395.
Background
On August 10, 2015, Commerce published in the Federal Register the
countervailing duty (CVD) order on PVLTs from China.\1\ On August 2,
2023, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order.\2\ On January 31,
2024, Commerce selected Jiangsu General Science Technology Co., Ltd.
(General Science) and Winrun Tyre Co., Ltd. (Winrun) for individual
examination as the mandatory respondents in this review. On February 2
and February 22, 2024, Commerce received letters of intent to not
participate in the review by General Science \3\ and Winrun,\4\
respectively. We received no response from the Government of China to
the Initial Questionnaire.\5\ Because no other company subject to the
review had reviewable entries or all review requests were rescinded for
the remaining companies, Commerce did not select additional mandatory
respondents.
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
\3\ See General Science's Letter, ``Intent Not to Respond as a
Mandatory Respondent,'' dated February 2, 2024.
\4\ See Winrun's Letter, ``Notice of Intent to Not
Participate,'' dated February 22, 2024.
\5\ See Commerce's Letter, ``Initial Questionnaire,'' dated
December 22, 2023 (Initial Questionnaire).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022 Countervailing Duty Administrative Review and
Recission, in Part: Certain Passenger Vehicle and Light Truck 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 merchandise covered by the Order is PVLTs from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
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\7\ Id.
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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 of the subsidy programs found to be countervailable,
Commerce preliminarily determines that there is a subsidy (i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific).\8\ For a full
description of the methodology underlying our conclusions, including
our reliance on adverse facts available (AFA) pursuant to section
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
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\8\ 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 16 companies, pursuant to 19 CFR
351.213(d)(1).\9\ 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 16 companies; see Appendix
II.
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\9\ See Preliminary Decision Memorandum at ``Partial Rescission
of Administrative Review.''
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Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determine that the following two companies had no entries of
subject merchandise during the POR: Shandong Qilun Rubber Co., Ltd. and
Shandong Transtone Tyre Co., Ltd. On March 29, 2024, we notified
interested parties of our intent to rescind the review for Shandong
Qilun Rubber Co., Ltd. and Shandong Transtone Tyre Co., Ltd.\10\ No
parties commented on our intent to rescind.\11\ Pursuant to 19 CFR
351.213(d)(3), we are rescinding the administrative review of these two
companies. For additional information regarding this determination, see
the Preliminary Decision Memorandum.
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\10\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated March 29, 2024.
\11\ Id.
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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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Subsidy
rate
Company (percent
ad
valorem)
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Winrun Tyre Co., Ltd........................................ * 125.50
Jiangsu General Science Technology Co., Ltd................. * 125.50
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* Rate is based on facts available with adverse inferences.
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 CBP to
collect cash
[[Page 38074]]
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, 2022, through December 31, 2022, 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).
Disclosure and Public Comment
Normally, Commerce discloses its calculations and analysis
performed in connection with the preliminary results to interested
parties within five days of its public announcement, or if there is no
public announcement, within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b). However, because
Commerce preliminarily applied total AFA in the calculation of the
benefit for Winrun and General Science, and the AFA rates are based on
rates calculated in prior segments of the proceeding, there are no
calculations to disclose.
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of these preliminary results of review.\12\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\13\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ 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) (APO and Service Final Rule).
\14\ See 19 351.309(c)(2) and (d)(2).
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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 a public
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.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\16\ Pursuant to 19 CFR
351.310(c), interested parties who wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. An electronically-filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
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Final Results of Review
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)(1).
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: April 30, 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. Recission of Administrative Review, In Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Recommendation
Appendix II
List of Companies Which Timely Withdrew Requests for Review
1. Anhui Jichi Tire Co., Ltd.
2. Anhui Prime Cord Fabrics Company Ltd.; (3) GITI Radial Tire
(Anhui) Company Ltd., GITI Steel Cord (Hubei) Company Ltd.; GITI
Tire (China) Investment Company Ltd., GITI Tire (Hualin) Company
Ltd.; GITI Tire (USA) Ltd.; GITI Tire Global Trading Pte. Ltd.; GITI
Tire (Fujian) Co., Ltd.Linyi Bomei Furniture Co., Ltd.
3. Qingdao Fullrun Tyre Corp., Ltd.
4. Qingdao Keter International Co., Limited.
5. Qingdao Lakesea Tyre Co., Ltd.
6. Qingdao Sentury Tire Co., Ltd.
7. Qingdao Sunfulcess Tyre Co., Ltd.
8. Sailun Group Co., Ltd.
9. Sailun Group (Hong Kong) Co., Ltd.
10. Shandong Haohua Tire Co., Ltd.
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11. Shandong Hongsheng Rubber Technology Co., Ltd.
12. Shandong New Continent Tire Co., Ltd.
13. Shandong Province Sanli Tire Manufacture Co., Ltd.
14. Sumitomo Rubber (Changshu) Co. Ltd.; Sumitomo Rubber (China)
Co., Ltd.; Sumitomo Rubber (Hunan) Co., Ltd.
15. Sumitomo Rubber Industries, Ltd.
16. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2024-09870 Filed 5-6-24; 8:45 am]
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