|
|---|
|
Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023 Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 11 September 2024 Subject: American Government  , Tires
|
[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Notices]
[Pages 73628-73631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20582]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results and Partial Rescission 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 finds
that certain exporters of passenger vehicle and light truck tires
(passenger tires) from the People's Republic of China (China) made
sales of subject merchandise at prices below normal value (NV) during
the period of review (POR) August 1, 2022, through July 31, 2023.
Commerce also preliminarily finds that five companies had no entries of
subject merchandise during the POR, and that it is appropriate to
rescind this review with respect to 14 companies because all requests
for review of these companies were withdrawn. We invite interested
parties to comment on these preliminary results.
DATES: Applicable September 11, 2024.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2023, based on timely requests for review, in
accordance with
[[Page 73629]]
19 CFR 351.221(c)(1)(i), we initiated this administrative review of the
antidumping duty order on passenger tires from China.\1\ This review
covers 33 exporters of the subject merchandise.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023); see also
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).
---------------------------------------------------------------------------
In April 2024, we extended the preliminary results of this review
until August 29, 2024.\2\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for these preliminary results is now September 5, 2024.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2022-2023 Antidumping Duty Administrative Review,''
dated April 4, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\4\ 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. A list of topics
discussed in the Preliminary Decision Memorandum is included in
Appendix I.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China; 2022-2023,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are passenger tires from China.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review in the
Federal Register. Between October 2023 and January 2024, all parties
withdrew their requests for review by the 90-day withdrawal deadline
for the companies identified in Appendix III.\5\ Because all parties
timely withdrew their requests for a review of these exporters,
consistent with 19 CFR 351.213(d)(1), Commerce is rescinding this
review, in part, with respect to these companies.
---------------------------------------------------------------------------
\5\ See Dynamic Tire's Letter, ``Sailun Withdrawal Request of
Administrative Review,'' dated October 24, 2023; Sumitomo Rubber's
Letter, ``Withdrawal of Request for Review,'' dated November 14,
2023; Hankook Tire's Letter, ``Withdrawal of Request for
Administrative Review for Jiangsu Hankook,'' dated December 13,
2023; Shandong New Continent's Letter, ``SNC Withdrawal of Request
for Antidumping Administrative Review,'' dated December 27, 2023;
Giti's Letter, ``Withdrawal of Request for Administrative Review,''
dated January 2, 2024; Qingdao Fullrun's and Qingdao Lakesea's
Letters, ``Withdrawal of Request for Administrative Review,'' dated
January 5, 2024; Qingdao Keter's, Sanli Tire's, and Qingdao
Sunfulcess' Letter, ``Withdrawal of Request for Administrative
Review,'' dated January 11, 2024; Triangle Tyre's Letter,
``Withdrawal of Request for Administrative Review,'' dated January
11, 2024; and Hankook Tire's Letter, ``Withdrawal of Request for
Administrative Review,'' dated January 15, 2024.
---------------------------------------------------------------------------
Furthermore, pursuant to 19 CFR 351.213(d)(3), Commerce will
rescind an administrative review when there are no entries of subject
merchandise during the POR for which liquidation is suspended.\6\
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the antidumping duty assessment rate
calculated for the review period.\7\ Therefore, for an administrative
review of a company to be conducted, there must be a suspended entry
that Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the antidumping duty assessment rate calculated for the
POR.\8\
---------------------------------------------------------------------------
\6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
In January and August 2024, we notified parties of our intent to
rescind this administrative review, in part, with respect to the
companies identified in Appendix III, with the exception of Shandong
Linglong Tyre Co., Ltd. (Shandong Linglong), because there were no
suspended entries of subject merchandise produced or exported by these
companies during the POR, and we invited interested parties to
comment.\9\ Therefore, we determine that, in the absence of any
suspended entries of subject merchandise from these five companies
listed in Appendix III during the POR, we are rescinding the
administrative review for these companies (excluding Shandong
Linglong), in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated January 29, 2024; and Memorandum, ``Notice of Intent
to Rescind Review on Shandong Transtone,'' dated August 22, 2024.
---------------------------------------------------------------------------
With regard to Shandong Linglong, we received comments from this
company, stating that it had reviewable entries during the POR.\10\ We
intend to request further information regarding such entries, which we
will consider for the final results.
---------------------------------------------------------------------------
\10\ See Shandong Linglong's Letter, ``Shandong Linglong
Comments on the Department's Notice of Intent to Rescind,'' dated
February 5, 2024.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213. We calculated constructed export prices in accordance with
section 772(b) of the Act. Because China is a non-market economy (NME)
country, within the meaning of section 771(18) of the Act, we
calculated NV in accordance with section 773(c) of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Separate Rates
As discussed in the Preliminary Decision Memorandum, Commerce
preliminarily finds that Shandong Hongsheng Rubber Technology Co., Ltd.
(Shandong Hongsheng) and Shandong Haohua Tire Co., Ltd. (Shandong
Haohua) have not established their eligibility for a separate rate.
Moreover, Commerce preliminarily finds that seven other companies under
review did not establish their eligibility for separate rates because
they failed to provide either a separate rate application, a separate
rate certification, or a no-shipment certification (if they had
previously received a separate rate). As such, we preliminarily
determine that Shandong Hongsheng, Shandong Haohua, and these seven
other companies are part of the China-wide entity. See Appendix II for
a complete list of these companies.
Commerce preliminarily determines that the following companies have
demonstrated their eligibility for a separate rate in this review: \11\
(1) Zhaoqing Junhong Co., Ltd (Junhong); (2) Jiangsu General Science
Technology Co., Ltd.; (3) Qingdao Transamerica Tire
[[Page 73630]]
Industrial Co., Ltd.; and (4) Winrun Tyre Co., Ltd.
---------------------------------------------------------------------------
\11\ See Preliminary Decision Memorandum at ``Separate Rates.''
---------------------------------------------------------------------------
The Act and Commerce's regulations do not address the establishment
of a rate to apply 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 an investigation, for guidance when
determining the dumping margin for respondents that are not
individually examined 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 dumping margins that are zero, de
minimis, or based entirely on facts available. For these preliminary
results, we preliminarily determined a dumping margin for the separate
rate respondents using the calculated rate of the mandatory respondent,
Junhong, which is not zero or de minimis, or determined entirely on the
basis of facts available.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\12\ Because no party
requested a review of the China-wide entity, the China-wide entity is
not under review. Therefore, the rate previously established for the
China-wide entity (i.e., 76.46 percent) remains the China-wide entity
rate this review.\13\
---------------------------------------------------------------------------
\12\ 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).
\13\ See Order, 80 FR at 47904, n.19.
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2022, through
July 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Jiangsu General Science Technology Co., Ltd............. 28.76
Qingdao Transamerica Tire Industrial Co., Ltd........... 28.76
Winrun Tyre Co., Ltd.................................... 28.76
Zhaoqing Junhong Co., Ltd............................... 28.76
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the 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 after the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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 this notice in the Federal Register regarding all issues, except
those related to POR entries for Shandong Linglong.\14\ 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.\15\
Interested parties who submit case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of contents listing each issue; and
(2) a table of authorities.\16\
---------------------------------------------------------------------------
\14\ Because we are requesting additional information regarding
Shandong Linglong, we intend to set a separate briefing schedule
related to any issues specific to this company at a later date.
\15\ 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).
\16\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 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.\17\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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
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).\18\
---------------------------------------------------------------------------
\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
---------------------------------------------------------------------------
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 and rebuttal briefs. Oral
presentations at the hearing will be limited to issues raised in the
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.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\19\ Pursuant to 19 CFR 351.212(b)(1),
because Junhong reported the entered value for its U.S. sales, we
calculated importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those sales. Where either
a respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\20\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.212(b)(1).
\20\ Id.
---------------------------------------------------------------------------
Pursuant to Commerce's assessment practice,\21\ for entries that
were not reported in the U.S. data submitted by Junhong, we will
instruct to CBP to liquidate such entries at the China-wide rate.
Additionally, where Commerce determines that an exporter under review
had no shipments of subject merchandise to the United States during the
POR, any suspended entries of subject merchandise that entered under
that exporter's CBP case number during the POR will be liquidated at
the dumping margin assigned to the China-wide entity.
---------------------------------------------------------------------------
\21\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
---------------------------------------------------------------------------
For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the dumping margin assigned to Junhong in the final results of
this review.\22\ Finally,
[[Page 73631]]
we intend to liquidate entries containing subject merchandise exported
by the companies under review that we determine in the final results to
be part of the China-wide entity at the China-wide rate of 76.46
percent.
---------------------------------------------------------------------------
\22\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
---------------------------------------------------------------------------
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable. 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).
Finally, for the companies for which we are rescinding this review,
we intend to instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit rate of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of this
notice in the Federal Register.
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: (1) for the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this 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 final results of review that have
separate rates, the cash deposit rate will continue to be the
exporter's 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
China-wide entity (i.e., 76.46 percent); \23\ and (4) for all exporters
of subject merchandise which are not located in China and 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 deposit requirements, when imposed, shall remain in
effect until further notice.
---------------------------------------------------------------------------
\23\ See Order, 80 FR at 47904, n.19.
---------------------------------------------------------------------------
Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of all issues raised in
any written briefs, not later than 120 days after the publication of
these preliminary results in the Federal Register, unless otherwise
extended.\24\
---------------------------------------------------------------------------
\24\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a 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 the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Companies Preliminary Found To Be Part of the China-Wide Entity
1. Kinforest Tyre Co., Ltd.
2. Qingdao Fullrun Tyre Tech Corp., Ltd.
3. Qingdao Powerich Tyre Co., Ltd.
4. Qingdao Vitour United Corp.
5. Shandong Haohua Tire Co., Ltd.
6. Shandong Hongsheng Rubber Technology Co., Ltd.
7. Shandong Wanda Boto Tyre Co., Ltd.
8. Tianjin Wanda Tyre Group Co., Ltd.
9. Zhongce Rubber Group Company, Ltd.
Appendix III
Companies Rescinded From Review
Rescission Based on Withdrawal of Review Requests
1. Anhui Jichi Tire Co., Ltd.;
2. Giti Radial Tire (Anhui) Company, Ltd.; Giti Tire (Anhui)
Company, Ltd.; Giti Tire (Chongqing) Company, Ltd.; Giti Tire
(Fujian) Company, Ltd.; Giti Tire Global Trading Pte. Ltd.; Giti
Tire Greatwall Company, Ltd.; Giti Tire (Hualin) Company, Ltd.; Giti
Tire (Yinchuan) Company, Ltd.
3. Hankook Tire China Co., Ltd.
4. Jiangsu Hankook Tire Co., Ltd.
5. Qingdao Fullrun Tyre Corp., Ltd.
6. Qingdao Keter International Co., Limited
7. Qingdao Lakesea Tyre Co., Ltd.
8. Qingdao Sunfulcess Tyre Co., Ltd.
9. Dynamic Tire Corp.; Shandong Jinyu Industrial Co.; Sailun Tire
International Corp.; Husky Tire Corp.; Seatex PTE. Ltd.; Seatex
International Inc.; Sailun Group (HongKong) Co., Limited; Sailun HK;
Sailun Jinyu HK; Sailun Group Co., Ltd.; Sailun Group; Sailun Jinyu
Group Co., Ltd.; and Sailun Jinyu
10. Sailun Tire Americas Inc.
11. Shandong New Continent Tire Co., Ltd.
12. Shandong Province Sanli Tire Manufacture Co., Ltd.
13. Sumitomo Rubber (Changshu) Co., Ltd.; Sumitomo Rubber (Hunan)
Co., Ltd.; and Sumitomo Rubber Industries, Ltd.
14. Triangle Tyre Co., Ltd.
Rescission Based on No Suspended Entries
1. Prinx Chengshan (Shandong) Tire Co., Ltd.
2. Qingdao Nexen Tire Corporation.
3. Shandong Changfeng Tyres Co., Ltd.
4. Shandong Qilun Rubber Co., Ltd.
5. Shandong Transtone Tyre Co., Ltd.
[FR Doc. 2024-20582 Filed 9-10-24; 8:45 am]
BILLING CODE 3510-DS-P