Truck and Bus Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022

Truck and Bus Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022

Publication: Federal Register
Agency: International Trade Administration
Byline: Ryan Majerus
Date: 15 May 2024
Subject: American Government

, Tires
Topic: Goodyear

[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42450-42451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10644]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-041]

Truck and Bus Tires From the People's Republic of China: Final
Results of Countervailing Duty Administrative Review; 2022

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and exporters of truck and bus tires from the
People's Republic of China (China) received countervailable subsidies
during the period of review (POR) January 1, 2022, through December 31,
2022.

DATES: Applicable May 15, 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 13, 2024, Commerce published in the Federal Register
the Preliminary Results of the 2022 administrative review of the
countervailing duty order on truck and bus tires from China.\1\ From
March 12 to March 13, 2024, we conducted verification of the export
buyer's credit program at the premises of Qingdao Ge Rui Da Rubber Co.,
Ltd.'s (GRT) affiliated importer, The Goodyear Tire and Rubber
Company.\2\ Subsequently, on March 22, 2024, we invited interested
parties to comment on the Preliminary Results and verification.\3\ For
a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\4\
Commerce conducted this review in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended (the Act).
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\1\ See 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, 89 FR 10034 (February 13, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Verification of the Export Buyer's Credit
Questionnaire Responses of Qingdao Ge Rui Da Rubber Co., Ltd.,''
dated March 21, 2024 (Verification Report).
\3\ See Commerce's Letter, ``Briefing Schedule,'' dated March
22, 2024.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Truck and Bus
Tires from the People's Republic of China; 2022,'' 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 the order are truck and bus tires from
China. For a full description of the scope of the order, see the Issues
and Decision Memorandum.

Analysis of Comments Received

All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.
The topics discussed and the issues raised by parties to which we
responded in the Issues and Decision Memorandum are listed 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 Duties 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, we made certain
changes to the calculations of GRT's benefits for two programs: (1)
government policy lending; and (2) compensation of land resettlement.
For a discussion of these changes, see the Issues and Decision
Memorandum.

Methodology

Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we determine that there is a subsidy, i.e., a
government-provided financial contribution that gives rise to a benefit
to the recipient, and that the

[[Page 42451]]

subsidy is specific.\5\ For a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available (AFA) pursuant to
sections 776(a) and (b) of the Act, see the Issues and Decision
Memorandum.
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\5\ 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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Final Results of the Administrative Review

We find the following net countervailable subsidy rates for the
period January 1, 2022, through December 31, 2022:
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\6\ As discussed in the Preliminary Results PDM, 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
Producer/exporter (percent ad
valorem)
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Jiangsu General Science Technology Co., Ltd............. 124.00
Qingdao Ge Rui Da Rubber Co., Ltd.\6\................... 10.16
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Disclosure

We intend to disclose the calculations and analysis performed for
these final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).

Assessment

In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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).

Cash Deposit Requirements

In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above for shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. For all non-reviewed
firms, we will instruct CBP to 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.

Administrative Protective Order

This notice also serves as a final reminder to parties subject to
an 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). 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
subject to sanction.

Notification to Interested Parties

The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

Dated: May 9, 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. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether the Provision of Inputs for Less Than
Adequate Remuneration (LTAR) Constitutes a Financial Contribution
Comment 2: Whether the Provision of Electricity for LTAR Is
Countervailable
Comment 3: Whether Commerce Appropriately Found that the
Provision of Land-Use Rights for LTAR Constitutes a Financial
Contribution
Comment 4: Whether Commerce Should Revise the Calculations for
Government Policy Lending
Comment 5: Whether Commerce Should Revise the Calculations for
the Compensation of Land Resettlement
Comment 6: Whether Commerce Should Select a Different Benchmark
for Recycled Synthetic Rubber
VIII. Recommendation

[FR Doc. 2024-10644 Filed 5-14-24; 8:45 am]
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