Notice2022-05209
Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
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
March 11, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers or exporters of passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (China) subject to this review made sales of subject merchandise at less than normal value during the period of review (POR), August 1, 2019, through July 31, 2020, or did not ship subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 48 (Friday, March 11, 2022)</title>
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[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13966-13968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05209]
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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: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers or exporters of passenger vehicle and light truck tires
(passenger tires) from the People's Republic of China (China) subject
to this review made sales of subject merchandise at less than normal
value during the period of review (POR), August 1, 2019, through July
31, 2020, or did not ship subject merchandise to the United States
during the POR.
DATES: Applicable March 11, 2022.
FOR FURTHER INFORMATION CONTACT: Toni Page or Peter Shaw, 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) 482-1938 or (202) 482-0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2021, we published the Preliminary Results and
invited interested parties to comment.\1\ The administrative review
covers seven companies for which an administrative was initiated and
not rescinded.\2\ For
[[Page 13967]]
details regarding the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\3\ We conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; and Preliminary Determination of No
Shipments; 2019-2020, 86 FR 50029 (September 7, 2021) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ On October 6, 2020, we published a notice of initiation
listing 28 companies. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR 63081 (October 6,
2020). On January 27, 2021, we rescinded the administrative review
regarding 21 companies. See Passenger Vehicle and Light Truck Tires
from the People's Republic of China: Rescission, in Part, of
Antidumping Duty Administrative Review; 2019-2020, 86 FR 7258
(January 27, 2021).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China and Final Determination of No Shipments; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(IDM).
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Scope of the Order <SUP>4</SUP>
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\4\ 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).
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The products covered by this Order are certain passenger vehicle
and light truck tires from China. For a full description of the scope
of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed by interested parties in the Issues and Decision Memorandum. A
list of the issues discussed in the Issues and Decision Memorandum is
attached to this notice as an appendix. The Issues and 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties and for the reasons explained in the Issues and Decision
Memorandum, we made changes to the valuation of certain inputs and
corrected certain ministerial errors in the calculation of mandatory
respondent Sumitomo's \5\ weighted-average dumping margin. For a
discussion of these changes, see the Issues and Decision Memorandum.\6\
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\5\ Sumitomo refers to a single entity, which includes Sumitomo
Rubber (Hunan) Co., Ltd.; Sumitomo Rubber (Changshu) Co., Ltd.; and
Sumitomo Rubber Industries Co., Ltd. (collectively, Sumitomo). See
the Issues and Decision Memorandum at the section titled
``Affiliation and Single Entity.''
\6\ See IDM at the section titled ``Changes Since the
Preliminary Results.''
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Final Determination of No Shipments
In the Preliminary Results, we found that Qingdao Fullrun Tyre Tech
Corp., Ltd. (Qingdao Fullrun Tyre Tech) did not have shipments of
subject merchandise during the POR.\7\ No party commented on this
preliminary finding. Therefore, for the final results of review, we
continue to find that Qingdao Fullrun Tyre Tech did not have any
shipments of subject merchandise during the POR.\8\
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\7\ See Preliminary Results, 86 FR 50029, and accompanying PDM
at the section titled ``Preliminary Determination of No Shipments.''
\8\ See IDM at the section titled ``Final Determination of No
Shipments.''
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Separate Rates
In the Preliminary Results, we found that the evidence provided by
two respondents, Zhaoqing Junhong Co., Ltd. and Qingdao Nexen Tire
Corporation supported finding an absence of both de jure and de facto
government control, and, therefore, we preliminarily granted a separate
rate to these companies.\9\ No parties commented on this preliminary
finding. Therefore, we continue to grant a separate rate to these
companies.\10\
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\9\ See Preliminary Results, 86 FR at 50030; see also
Preliminary Results PDM at the section titled ``Discussion of the
Methodology.''
\10\ See IDM at the section titled ``Final Determination of No
Shipments.''
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In the Preliminary Results, we also found that the evidence
provided by two respondents, Shandong Qilun Rubber Co., Ltd. (Shandong
Qilun) and Qingdao Landwinner Tyre Co., Ltd (Landwinner) supported
finding an absence of both de jure and de facto government control,
and, therefore, we preliminarily granted a separate rate to these
companies.\11\ Since the issuance of the Preliminary Results, we
received comments from the petitioner regarding Shandong Qilun and
Landwinner's separate rate eligibility.\12\ For the final results of
review, we continue to find that Shandong Qilun and Landwinner are
eligible to receive a separate rate in this review. For further
discussion, see Issues and Decision Memorandum.\13\
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\11\ See Preliminary Results, 86 FR 50029; see also Preliminary
Results PDM at the section titled ``Discussion of the Methodology.''
\12\ See Issues and Decision Memorandum at the section titled
``Separate Rates.''
\13\ Id.
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Rate for Non-Examined Separate Rate Respondents
The statute and Commerce's regulations do not address what rate to
apply to respondents 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 calculating the
rate for non-selected respondents that are not examined individually 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 rates that are zero, de minimis, or based entirely on facts
available. When the rates for individually examined companies 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 all-others rate.
We calculated a 2.06 percent dumping margin for the mandatory
respondent, Sumitomo. We assigned the separate rate respondents a
dumping margin equal to the dumping margin of Sumitomo, consistent with
the guidance in section 735(c)(5)(A) of the Act.
Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period August 1, 2019, through July 1, 2020:
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Weighted-
average
Exporter dumping
margin
(percent)
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Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan) 2.06
Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.........
Qingdao Landwinner Tyre Co., Ltd............................ 2.06
Qingdao Nexen Tire Corporation.............................. 2.06
Shandong Qilun Rubber Co., Ltd.............................. 2.06
Zhaoqing Junhong Co., Ltd................................... 2.06
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
this Federal Register notice, we will disclose to the parties to this
proceeding the calculations that we performed for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess,
[[Page 13968]]
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 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).
Where the respondent's weighted-average dumping margin is zero or
de minimis, or where an importer- (or customer-) specific ad valorem or
per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\14\
For entries that were not reported in the U.S. sales database submitted
by an exporter individually examined during this review, but that
entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), Commerce will
instruct CBP to liquidate such entries at the China-wide rate (i.e.,
76.46 percent).\15\
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\15\ See Order, 80 FR at 47904 n.19 and 47906.
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For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.5 percent), we will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of antidumping duties calculated for each
importer's examined sales and the total entered value of the sales, in
accordance with 19 CFR 351.212(b)(1).
For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
the dumping margin assigned to the mandatory respondent in the final
results of this review.
For the respondents not eligible for a separate rate and that are
part of the China-wide entity, we intend to instruct CBP to apply an ad
valorem assessment rate of 76.46 percent (i.e., the China-wide entity
rate) to all entries of subject merchandise during the POR that were
exported by these companies.
Additionally, if Commerce determined that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under the exporter's case number will be liquidated at the
China-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date for the
final results of review, as provided for by section 751 (a)(2)(C) of
the Act: (1) For the exporters listed in the table above, the cash
deposit rate will be the rate established in the final results of
review that is listed for the exporter in the table; (2) for previously
investigated or reviewed China and non-China exporters not listed in
the table above that have separate rates, the cash deposit rate will
continue to be the existing exporter-specific rate published for the
most recent period; (3) for all China exporters of subject merchandise
that have not been found to be entitled to a separate rate, the cash
deposit rate will be the rate previously established for the China-wide
entity, which is 76.46 percent; and (4) for all non-China exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the China exporter that
supplied that non-China exporter. The cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping or countervailing duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. 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 which is subject to
sanction.
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.213(h) and 351.221(b)(5).
Dated: March 4, 2022.
Lisa W. Wang,
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. Final Determination of No Shipments
V. Separate Rates
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Comment 1: Whether Russia Should be the Primary Surrogate
Country
Comment 2: Whether to Correct the Calculation of Surrogate Value
of ``Carbon Black 7''
Comment 3: Whether to Value Certain Inputs Using Market Economy
Purchases
Comment 4: Whether to Grant Adjustments Reported in REBATE6U
Comment 5: Whether to Rely on Quantities Shipped to Tollers
Rather Than Quantities Consumed as Facts Available
Comment 6: Whether to Grant a Separate Rate to Qingdao
Landwinner Tyre Co., Ltd.
Comment 7: Whether to Grant a Separate Rate to Shandong Qilun
Rubber Co., Ltd.
Comment 8: Whether to Apply the Cohen's d Test
VIII. Recommendation
[FR Doc. 2022-05209 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P
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