Notice2022-10567
Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review in Part; 2019
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
May 17, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is amending the final results of the administrative review of the countervailing duty (CVD) order on certain passenger vehicle and light truck tires from the People's Republic of China (China) to correct a ministerial error.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 95 (Tuesday, May 17, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Notices]
[Pages 29851-29853]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10567]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Amended Final Results of Antidumping Duty
Administrative Review in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the countervailing duty (CVD)
order on certain passenger vehicle and light truck tires from the
People's Republic of China (China) to correct a ministerial error.
DATES: Applicable May 17, 2022.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Richard
Roberts, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1395
and (202) 482-3463, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 29852]]
Background
Commerce published the Final Results of this review on March 10,
2022.\1\ On March 14, 2022, we received timely submitted ministerial
error comments from the petitioner \2\ and interested party Shandong
Province Sanli Tire Manufactured Co. Ltd (Sanli).\3\ On March 18, 2022,
Sumitomo Rubber (Hunan) Co., Ltd. (SRH), filed comments rebutting the
petitioner's assertion that Commerce committed a ministerial error.\4\
Commerce is amending its Final Results to correct the ministerial error
raised by the petitioner.
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Final Results of Countervailing Duty
Administrative Review, and Rescission of Review, in Part; 2019, 87
FR 13704 (March 10, 2022) (Final Results), and accompanying Issues
and Decision Memorandum (IDM).
\2\ See Petitioner's letter, ``Passenger Vehicles and Light
Truck Tires from the People's Republic of China: Ministerial Error
Comments,'' dated March 14, 2022. The Petitioner is United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers Union, AFL-CIO.
\3\ See Sanli's Letter, ``Passenger Vehicle and Light Truck
Tires from the People's Republic of China: Ministerial Error,''
dated March 14, 2022.
\4\ See Sumitomo's Letter, ``Passenger Vehicle and Light Truck
Tires from the People's Republic of China: Rebuttal to Petitioner's
Allegation of Ministerial Error 2019,'' dated March 18, 2022.
---------------------------------------------------------------------------
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \5\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and if appropriate, correct any ministerial error by
amending . . . the final results of review. . . .''
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
Commerce determines that, in accordance with section 751(h) of the
Act and 19 CFR 351.224(f), it made a ministerial error in the Final
Results. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of this ministerial error in the
calculation of the countervailable subsidy rate assigned to SRH, which
changes from 24.79 percent to 25.63 percent.\6\ For a detailed
discussion of Commerce's analysis, see Amended Final Analysis
Memorandum.\7\ As a result of this change, the rate for the three non-
selected companies under review also changes to 25.63 percent. Finally,
the adverse facts available (AFA) rate for Triangle Tyre Co., Ltd.
changes to 125.17 percent.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Ministerial Error Memorandum for the Final
Results of the 2019 Administerial Review of the Antidumping Duty
Stainless certain passenger tires from China,'' dated concurrently
with, and hereby adopted by, this notice; see also Memorandum,
``Administrative Review of the Antidumping Duty Order on Passenger
Vehicle Tires from China Amended Final Analysis Memorandum for
SRH,'' dated concurrently with this notice (Amended Final Analysis).
\7\ Id.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting the ministerial error described above,
Commerce determines the following net countervailable subsidy rates for
the period of review (POR), January 1, 2019, through December 31, 2019:
------------------------------------------------------------------------
Subsidy rate (percent
Producer/exporter ad valorem)
------------------------------------------------------------------------
Sumitomo Rubber (Hunan) Co., Ltd. and its cross- 25.63
owned affiliates.\8\..........................
Triangle Tyre Co., Ltd......................... 125.17
------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following Companies
------------------------------------------------------------------------
Jiangsu Hankook Tire Co., Ltd.................. 25.63
Qingdao Landwinner Tyre Co., Ltd............... 25.63
Shandong Province Sanli Tire Manufacture Co., 25.63
Ltd...........................................
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\8\ Commerce finds the following companies to be cross owned
with Sumitomo Rubber (Hunan) Co., Ltd.: Sumitomo Rubber (China) Co.,
Ltd. and Sumitomo Rubber (Changshu) Co. Ltd.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for these amended
final results in accordance with 19 CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine and U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the amended final
results of this review. We will calculate importer-specific assessment
rate on the basis of the total amount of antidumping duties calculated
for each importer's examined sales and the total entered values of the
sales in accordance with 19 CFR 351.212.(b)(1).
We intend to issue liquidation instructions to CBP 15 days after
publication of the amended Final Results of this review. However, as
stated in the Final Results, we will direct CBP not to liquidate
relevant entries until the time for parties to file a request for a
statutory injunction has expired.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies subject to
this review. For all non-reviewed companies, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company specific or all-others rate applicable to the
company, as appropriate. These cash deposits, effective upon
publication of these amended final results, shall remain in effect
until further notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is sanctionable violation.
[[Page 29853]]
Notification to Interested Parties
We are issuing and publishing these amended final results of review
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: May 5, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-10567 Filed 5-16-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on May 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.