Notice2021-23429
Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Remand Proceeding and Reopening of 2017-2018 Antidumping Duty Administrative Review Record
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting a remand of the 2017-2018 administrative review of the antidumping duty (AD) order on certain passenger vehicle and light truck tires from the People's Republic of China (China), which includes a limited reopening of the record. Commerce received a notification from U.S. Customs and Border Protection (CBP) that it found discrepancies and inaccuracies between the sales information certain parties reported during the 2017- 2018 administrative review and that reported to CBP at the time of entry. Accordingly, Commerce intends to reopen the record of the 2017- 2018 AD administrative review and reconsider the final results of the 2017-2018 review. Commerce is providing notice of the remand and the reopening of the record, and further, inviting participation from interested parties.
Full Text
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<title>Federal Register, Volume 86 Issue 205 (Wednesday, October 27, 2021)</title>
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[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59367-59369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23429]
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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: Notice of Remand Proceeding and Reopening of 2017-
2018 Antidumping Duty Administrative Review Record
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting a remand
of the 2017-2018 administrative review of the antidumping duty (AD)
order on certain passenger vehicle and light truck tires from the
People's Republic of China (China), which includes a limited reopening
of the record. Commerce received a notification from U.S. Customs and
Border Protection (CBP) that it found discrepancies and inaccuracies
between the sales information certain parties reported during the 2017-
2018 administrative review and that reported to CBP at the time of
entry. Accordingly, Commerce intends to reopen the record of the 2017-
2018 AD administrative review and reconsider the final results of the
2017-2018 review. Commerce is providing notice of the remand and the
reopening of the record, and further, inviting participation from
interested parties.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, AD/CVD Operations,
Office VII, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 59368]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3979.
SUPPLEMENTARY INFORMATION:
Background
On April 22, 2020, Commerce published in the Federal Register the
final results of the administrative review of the AD order on passenger
tires from China covering the period August 1, 2017, through July 31,
2018.\1\
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\1\ 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)
(2017-2018 Final Results), and accompanying Issues and Decision
Memorandum.
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Pirelli Tyre Co., Ltd., Pirelli Tyre S.p.A, and Pirelli Tire LLC
(collectively, Pirelli) challenged the 2017-2018 Final Results and
sought review by the U.S. Court of International Trade (CIT). Pirelli
moved for the proceedings to be stayed until a final decision was
rendered in the appeal of China Manufacturers Alliance, LLC v. United
States.\2\ The CIT granted the motion and stayed the proceedings.
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\2\ See 357 F. Supp. 3d 1364 (2019).
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On May 20, 2021, CBP notified Commerce that it had identified
inaccuracies in the sales prices on imports of passenger tires from
China reported to Commerce during the 2017-2018 administrative
review.\3\ Specifically, CBP compared the questionnaire responses
submitted by mandatory respondent Shandong New Continent (SNC) to
Commerce with CBP importation records and found significant
undervaluation.\4\ According to the CBP referral memorandum, the values
submitted to CBP were approximately $2.6 million lower than the values
submitted to Commerce.\5\ The CBP referral memorandum raises serious
concerns and questions regarding the U.S. sales information reported by
SNC during the 2017-2018 administrative review. Commerce used SNC's
U.S. sales information to calculate its company specific weighted-
average dumping margin, and SNC's margin served as the basis for the
rate assigned to the non-individually examined respondents eligible for
a separate rate.\6\
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\3\ See Memorandum, ``Referral Memorandum from U.S. Customs and
Border Protection on the Misreporting of Sales Information for
Entries Covered in the 2017-2018 Antidumping Duty Administrative
Review,'' dated concurrently with this notice (CBP Referral
Memorandum).
\4\ Id. at 1.
\5\ Id.
\6\ See 2017-2018 Final Results.
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As a result, the United States requested that the CIT remand the
administrative review for Commerce to evaluate the information provided
by CBP and further examine the issue. On September 20, 2021, the CIT
lifted the stay on the action and granted the United States' motion for
remand.\7\
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\7\ See Pirelli Tyre Co., Ltd., et al. v. United States, CIT Ct.
No. 20-00115, Slip Op 21-122 (September 20, 2021); see also China
Manufacturers Alliance, LLC v. United States, 1 F. 4th 1028 (Fed.
Cir. 2021).
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Notification to Interested Parties
Commerce is hereby notifying interested parties of the remand of
the 2017-2018 administrative review and the reopening of the record. We
intend to place CBP's referral letter and accompanying information on
the record of this remand proceeding in Enforcement and Compliance's
Antidumping Duty and Countervailing Duty Centralized Electronic Service
System (ACCESS) within five days of publication of this notice. We will
address the discrepancies and inaccuracies of SNC's sales information
in the remand proceeding concerning this administrative review.
Commerce intends to provide interested parties with the opportunity
to participate in this remand proceeding, including through the
submission of comments, and, if appropriate, new factual information
and verification. Specifically, Commerce will notify parties on the
segment-specific service list for this remand segment of a schedule for
comments. In addition, Commerce may request factual information from
any person to assist in making its determination and may verify
submissions of factual information, if Commerce determines that such
verification is appropriate. Based on our analysis on remand we may
revise the 2017-2018 Final Results, including by adjusting SNC's
dumping margin as appropriate.
Parties are also hereby notified that this is the only notice that
Commerce intends to publish in the Federal Register concerning this
remand proceeding and reopening of the record. Interested parties that
wish to participate in the remand proceeding, and receive notice of the
final redetermination, must submit their letters of appearance as
discussed below. Further, any party desiring access to business
proprietary information in these proceedings must file an application
for access to business proprietary information under administrative
protective order (APO), as discussed below.
Scope of the Order
The scope of this order is passenger vehicle and light truck tires.
Passenger vehicle and light truck tires are new pneumatic tires, of
rubber, with a passenger vehicle or light truck size designation. Tires
covered by this order may be tube-type, tubeless, radial, or non-
radial, and they may be intended for sale to original equipment
manufacturers or the replacement market.
Subject tires have, at the time of importation, the symbol ``DOT''
on the sidewall, certifying that the tire conforms to applicable motor
vehicle safety standards. Subject tires may also have the following
prefixes or suffix in their tire size designation, which also appears
on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger
cars
LT--Identifies a tire intended primarily for service on light
trucks
Suffix letter designations:
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service. All tires with a ``P'' or ``LT'' prefix, and all
tires with an ``LT'' suffix in their sidewall markings are covered
by this investigation regardless of their intended use.
In addition, all tires that lack a ``P'' or ``LT'' prefix or suffix
in their sidewall markings, as well as all tires that include any other
prefix or suffix in their sidewall markings, are included in the scope,
regardless of their intended use, as long as the tire is of a size that
is among the numerical size designations listed in the passenger car
section or light truck section of the Tire and Rim Association Year
Book, as updated annually, unless the tire falls within one of the
specific exclusions set out below.
Passenger vehicle and light truck tires, whether or not attached to
wheels or rims, are included in the scope. However, if a subject tire
is imported attached to a wheel or rim, only the tire is covered by the
scope.
Specifically excluded from the scope are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT'' on
the sidewall and may be marked with ``ZR'' in size designation;
(2) new pneumatic tires, of rubber, of a size that is not listed in
the passenger car section or light truck section of the Tire and Rim
Association Year Book;
(3) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(4) non-pneumatic tires, such as solid rubber tires;
(5) tires designed and marketed exclusively as temporary use spare
tires for passenger vehicles which, in addition, exhibit each of the
following physical characteristics:
[[Page 59369]]
(a) The size designation and load index combination molded on the
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for
Temporary Use on Passenger Vehicles) of the Tire and Rim Association
Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed is 81 MPH or a ``M'' rating;
(6) tires designed and marketed exclusively for specialty tire (ST)
use which, in addition, exhibit each of the following conditions:
(a) The size designation molded on the tire's sidewall is listed in
the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
(d) the load index molded on the tire's sidewall meets or exceeds
those load indexes listed in the Tire and Rim Association Year Book for
the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed does not exceed 81 MPH or an
``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or an
``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for any
tire of the same size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size designation
in either the passenger car or light truck section of the Tire and Rim
Association Year Book, the maximum load limit molded on the tire is
higher than the maximum load limit listed at that cold inflation
pressure for that size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) The size designation and load index combination molded on the
tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed does not exceed 55 MPH or a
``G'' rating, and
(d) the tire features a recognizable off-road tread design.
The products covered by the order are currently classified under
the following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the
scope description may also enter under the following HTSUS subheadings:
4011.90.2050, 4011.99.45.10, 4011.99.45.50, 4011.99.85.10,
4011.99.85.50, 8708.70.45.30, 8708.70.45.45, 8708.70.45.46,
8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS subheadings are provided for convenience and
for customs purposes, the written description of the subject
merchandise is dispositive.
Filing Requirements
All submissions to Commerce must be filed electronically using
ACCESS.\8\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information.\9\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf">https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf</a>.
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Letters of Appearance and Administrative Protective Order
Interested parties that wish to participate in this remand
proceeding and be added to the public service list must file a letter
of appearance in accordance with 19 CFR 351.103(d)(1).
Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to this remand
proceeding.
Dated: October 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-23429 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 27, 2021.
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