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Passenger Vehicle and Light Truck Tires From Thailand: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023 Publication: Federal Register Agency: International Trade Administration Byline: Scot Fullerton Date: 9 August 2024 Subject: American Government 
Topics: Hankook, Nexen |
[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65320-65323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17760]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-842]
Passenger Vehicle and Light Truck Tires From Thailand:
Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that passenger vehicle and light truck tires (PVLT) from
Thailand were sold in the United States at less than normal value
during the period of review (POR) July 1, 2022, through June 30, 2023.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 9, 2024.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-0981,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2023, Commerce published in the Federal Register a
notice of opportunity \1\ to request an
[[Page 65321]]
administrative review of the antidumping duty order on PVLT from
Thailand.\2\ On September 11, 2023, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published a notice of initiation of an
administrative review of the Order.\3\ On March 20, 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), Commerce extended the due date for the
preliminary results until July 30, 2024.\4\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\5\ The deadline for the preliminary results is now August 6,
2024.
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\1\ See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3,
2023).
\2\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and
Amended Final Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023).
\4\ See Memorandum, ``Passenger Vehicle and Light Truck Tires
from Thailand: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023,'' dated March 20,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of the topics included 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 https://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 Administrative Review of the Antidumping Duty Order
on Passenger Vehicle and Light Truck Tires from Thailand; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are PVLT from Thailand. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
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. Requests for review were
timely withdrawn for the companies identified in Appendix II. Because
the requests for review were timely withdrawn and no other parties
requested a review of these companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding the review with respect to these
companies.\7\
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\7\ See Omni's Letter, ``Withdrawal of Request for
Administrative Review,'' dated December 11, 2023; see also Sentury's
Letter, ``Sentury Withdrawal of Request for Antidumping
Administrative Review,'' dated December 11, 2023; see also
Deestone's Letter, ``Withdrawal of Request for Administrative
Review,'' dated December 11, 2023.
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Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period July 1, 2022, through June 30, 2023:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Prinx Chengshan Tire (Thailand) Co., Ltd............ 4.95
Sumitomo Rubber (Thailand) Co., Ltd................. 3.82
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Review-Specific Rate for Non-Examined Companies:
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Bridgestone Company, Ltd............................ 3.93
Bridgestone Tire Manufacturing (Thailand) Co., Ltd.. 3.93
S.R. Tyres Co., Ltd................................. 3.93
Thai Bridgestone Co., Ltd........................... 3.93
Vee Tyre & Rubber Co., Ltd.......................... 3.93
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Rate for Companies Not Individually Examined
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be applied to companies 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 a
less-than-fair-value investigation, for guidance when calculating the
weighted-average dumping margin for companies which were not selected
for individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually examined,
excluding rates that are zero, de minimis (i.e., less than 0.50
percent), or determined entirely on the basis of facts available.
Where the dumping margin for individually examined respondents 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 estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
Because Commerce preliminarily calculated weighted-average dumping
margins for Prinx Chengshan Tire (Thailand) Co., Ltd. (Prinx) and
Sumitomo Rubber (Thailand) Co., Ltd. (SRT) that are not zero or de
minimis, or based entirely on facts available, we
[[Page 65322]]
have preliminarily assigned the companies that were not selecting for
individual examination, a weighted-average dumping margin equal to the
weighted average of the estimated weighted-average dumping margins
calculated for Prinx and SRT, weighted by the mandatory respondents'
publicly ranged total sales values, consistent with guidance in section
735(c)(5)(A) of the Act.\8\
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\8\ See Memorandum, ``Calculation of the Rate for Non-Examined
Companies for the Preliminary Results,'' dated concurrently with
this notice.
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any 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).
Commerce will notify interested parties of the deadline for
submission of case briefs.\9\ 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.\10\ 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.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\10\ 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 Procedures).
\11\ 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 an
executive summary of their briefs 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.\12\ 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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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.\14\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\15\ If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. A hearing request
must be filed electronically using ACCESS and received in its entirety
by 5:00 p.m. Eastern Time within 30 days after the publication of this
notice.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Unless otherwise, extended, commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), 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 administrative 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).
If Prinx or SRT's weighted-average dumping margins are not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\16\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If Prinx or SRT's weighted-
average dumping margins are zero or de minimis or where an importer-
specific ad valorem assessment rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Prinx or
SRT for which it did not know that the merchandise was destined for the
United States, we intend to instruct CBP to liquidate those entries at
the all-others rate in the original less-than-fair-value investigation
if there is no rate for the intermediate company(ies) involved in the
transaction.\18\
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\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For companies for which we are rescinding this administrative
review (see Appendix II) antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the period of review, in accordance with 19 CFR
351.212(c)(1)(i). For these companies, Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of these preliminary results in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
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, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the
[[Page 65323]]
weighted-average dumping margin established in the final results of
this review (except, if that rate is de minimis within the meaning of
19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (2) for
producers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment of this proceeding in which they were reviewed; (3) if the
exporter is not a firm covered in this review or a prior segment of the
proceeding but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
17.06 percent, the all-others rate established in the less-than-fair-
value investigation.\19\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\19\ See Order, 86 FR at 38012.
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Notification to Importers
This notice serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II--Companies Rescinded From Review
1. Deestone Corporation Ltd./Deestone Corporation Public Company
Limited;
2. General Rubber (Thailand) Co., Ltd.;
3. LLIT (Thailand) Co., Ltd.;
4. Maxxis International (Thailand) Co., Ltd.;
5. Otani Radial Company Limited;
6. Sentury Tire (Thailand) Co., Ltd.;
7. Zhongce Rubber (Thailand) Co., Ltd.
[FR Doc. 2024-17760 Filed 8-8-24; 8:45 am]
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