Notice2022-19339
Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Rescission, in Part; and Preliminary Determination of No Shipments; 2020-2021
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
September 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers and 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, 2020, through July 31, 2021. Commerce also preliminarily finds that 17 companies qualified for separate rate status, eight companies are part of the China-wide entity, nine companies timely withdrew their requests for an administrative review, and ten companies did not ship subject merchandise to the United States during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54970-54974]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19339]
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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: Preliminary Results of Antidumping Duty
Administrative Review; Rescission, in Part; and Preliminary
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers and 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, 2020, through July
31, 2021. Commerce also preliminarily finds that 17 companies qualified
for separate rate status, eight companies are part of the China-wide
entity, nine companies timely withdrew their requests for an
administrative review, and ten companies did not ship subject
merchandise to the United States during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Applicable September 8, 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) 482-1398 or (202) 482-0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce published in the Federal Register the
antidumping duty order on passenger tires from China.\1\ On August 2,
2021, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order on
passenger tires from China for the period August 1, 2020, through July
31, 2021.\2\ On October 7, 2021, based on timely requests for review,
Commerce published the initiation of the administrative review of the
Order with respect to 47 companies.\3\ The petitioner in this review is
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union, AFL-CIO, CLC
(USW). This review covers mandatory respondents, Giti \4\ and
Sumitomo,\5\ as well as 33 additional exporters that were not selected
for individual examination.
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\4\ In a prior administrative review, we determined that it was
appropriate to treat the following companies as a single entity:
Giti Tire Global Trading Pte. Ltd. (GTT); Giti Radial (Anhui) Tire
Company Ltd. (Giti Radial Anhui), and Giti Tire Fujian Company Ltd.
(Giti Fujian), Giti Tire (Hualin) Company, Ltd., Giti Tire Greatwall
Company. Ltd., Giti Tire (Anhui) Company, Giti Tire (Yinchuan)
Company Ltd., Giti Tire (Chongqing Company Ltd., and Giti Tire USA,
Ltd. collectively, Giti). See Certain Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review; Preliminary Determination
of No Shipments, and Rescission, In Part; 2015-2016, 82 FR 42281
(September 7, 2017), and accompanying Preliminary Decision
Memorandum (PDM), at ``Affiliation and Single Entity Treatment,''
unchanged in 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;
2015-2016, 83 FR 11690 (March 16, 2018). Because no interested party
submitted comments on this issue, and in the absence of any new
information regarding this finding, Commerce is continuing to find
that these companies are affiliated, pursuant to section 771(33)(E)
of the Tariff Act of 1930, as amended (the Act), and are a single
entity, pursuant to 19 CFR 351.401(f). However, because Giti Tire
USA, Ltd. is an affiliated entity located in California, we find
that, per Commerce's practice, this affiliate should be removed from
the single entity. See Giti's Letter, ``Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Section A
Questionnaire Response,'' dated January 4, 2022, at 2 and Exhibit A-
3.
\5\ In the prior segment of this proceeding, we determined that
it was appropriate to treat the following entities as a single
entity: Sumitomo Rubber (Hunan) Co., Ltd. (SRH), Sumitomo Rubber
(Changshu) Co., Ltd. (SRC), and Sumitomo Rubber Industries (SRI)
(collectively, Sumitomo). 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), and accompanying PDM, at ``Affiliation and Single Entity
Treatment,'' unchanged in 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, 87 FR 13966 (March 11, 2022). Because no
interested party submitted comments on this issue, and in the
absence of any new information regarding this finding, Commerce is
continuing to find that SRH, SRC, and SRI are affiliated, pursuant
to section 771(33)(F) of the Act, as, and are a single entity,
pursuant to 19 CFR 351.401(f).
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On March 31, 2022, Commerce extended the deadline for these
preliminary results to August 31, 2022.\6\ For a complete description
of the events that followed the initiation and the partial rescission
of this administrative review, see the Preliminary Decision
Memorandum.\7\ A list of topics discussed in the Preliminary Decision
Memorandum is included in 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review 2020-2021,'' dated
March 31, 2022.
\7\ 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 and Preliminary Determination of No Shipments; 2020-2021,''
dated concurrently with, and hereby adapted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are certain passenger vehicle and
light truck tires from China. A full description of the scope of the
Order is contained in the Preliminary Decision Memorandum.\8\
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\8\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and 19 CFR 351.213. In determining the dumping
margins in this review, we calculated constructed export price in
accordance with section 772 of the Act. Because Commerce has determined
that China is a non-market economy (NME) country, within the meaning of
section 771(18) of the Act, we calculated normal value in this review
in accordance with section 773(c) of the Act. For a full description of
the methodology underlying the preliminary results of this review, see
the Preliminary Decision Memorandum.
[[Page 54971]]
Preliminary Determination of No Shipments
Between October 15 and November 8, 2021, 13 companies timely filed
certifications that they had no exports, shipments, sales, or entries
of subject merchandise to the United States during the POR.\9\ Based on
an analysis of information from U.S. Customs and Border Protection
(CBP), Commerce preliminarily determines that the following ten
companies had no shipments of subject merchandise during the POR: (1)
Hongtyre Group Co.; (2) Mayrun Tyre (Hong Kong) Limited; (3) Qingdao
Nama Industrial Co., Ltd.; (4) Shandong Changfeng Tyres Co., Ltd.; (5)
Shandong Duratti Rubber Corporation Co., Ltd.; (6) Shandong Linglong
Tyre Co., Ltd.; (7) Shandong Yongsheng Rubber Group Co., Ltd.; (8)
Tyrechamp Group Co., Limited; (9) Wendeng Sanfeng Tyre Co., Ltd.; and
(10) Zhaoqing Junhong Co., Ltd.
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\9\ See Hongtyre's Letter, ``No Shipment Letter for Hongtyre,''
dated November 8, 2021; see also Mayrun Tyre's Letter, ``No Sales
and Separate Rate Certification,'' dated November 8, 2021; Qingdao
Nama's Letter, ``Submission of Statement of No Shipments,'' dated
October 15, 2021; Roadclaw's Letter, ``Roadclaw's No Shipment
Certification,'' dated October 21, 2021; Shandong Changfeng's
Letter, ``No Sales Certification,'' dated November 8, 2021;
Duratti's Letter, ``No Sales Certification,'' dated November 8,
2021; Shandong Linglong's Letter, ``No Commercial Shipment Letter
for Linglong,'' dated October 27, 2021; Shandong Yongsheng's Letter,
``Notice of No Sales,'' dated November 5, 2021; Firemax's Letter,
``Notice of No Sales,'' dated November 5, 2021 (Firemax's No
Shipment Letter); Tyrechamp's Letter, ``Submission of Statement of
No Shipments,'' dated October 20, 2021; Sanfeng Tyre's Letter, ``No
Shipment Certification for the Administrative Review,'' dated
October 21, 2021; Winrun's Letter, ``Winrun's No Shipment
Certification,'' dated October 21, 2021; and Zhaoqing Junhong's
Letter, ``No Sales & Separate Rate Certification,'' dated November
8, 2021.
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In addition, Commerce preliminarily determines that Roadclaw Tyre
(Hong Long) Limited; Shouguang Firemax Tyre Co., Ltd.; and Winrun Tyre
Co., Ltd., had reviewable transactions during the POR. For additional
information regarding these preliminary findings, see the Preliminary
Decision Memorandum.
Consistent with Commerce's practice in NME cases, we are not
rescinding this administrative review with respect to the companies for
which we preliminarily found had no shipments but intend to complete
the review and issue appropriate instructions to CBP based on the final
results of the review.\10\
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Assessment of Duties); see also the ``Assessment Rates'' section,
infra.
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
and we did not self-initiate a review, the China-wide entity cash
deposit rate (i.e., 76.46 percent) is not subject to change as a result
of this review.\12\
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\11\ 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).
\12\ 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, 47906 (August 10, 2015).
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Separate Rates
In all proceedings involving NME countries, Commerce maintains a
rebuttable presumption that all companies within an NME country are
subject to government control and, thus, should be assessed a single
weighted-average dumping margin unless the company can affirmatively
demonstrate an absence of government control, both in law (de jure) and
in fact (de facto), with respect to its exports so that it is entitled
to separate rate status.\13\ Commerce preliminarily finds that the
information placed on the record by: (1) Anhui Jichi Tire Co., Ltd.;
(2) Crown International Corporation; (3) Hankook Tire China Co., Ltd.;
(4) Jiangsu Hankook Tire Co., Ltd.; (5) Koryo International Industrial
Limited; (6) Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial
Co., Ltd.; (7) Qingdao Sentury Tire Co., Ltd; \14\ (8) Qingdao
Sunfulcess Tyre Co., Ltd.; (9) Qingdao Transamerica Tire Industrial
Co., Ltd.; (10) Shandong Haohua Tire Co., Ltd.; (11) Shandong Hengyu
Science & Technology Co., Ltd.; (12) Shandong New Continent Tire Co.,
Ltd.; (13) Shandong Province Sanli Tire Manufactured Co., Ltd.; (14)
Shandong Wanda Boto Tyre Co., Ltd.; and (15) Triangle Tyre Co., Ltd.
demonstrates that these companies are entitled to separate rate status.
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\13\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value, and Affirmative Critical Circumstances, In Part:
Certain Lined Paper Products from the People's Republic of China, 71
FR 53079, 53082 (September 8, 2006); and Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
\14\ In a prior administrative review, we determined to treat
the following companies as a single entity: Sentury Qingdao, Sentury
Tire USA Inc. and Sentury (Hong Kong) Trading Co., Limited
(collectively, Sentury). See Certain Vehicle and Light Truck Tires
from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Preliminary Determination of
No Shipments, and Rescission, in Part; 2015-2016, 82 FR 42281
(September 7 2017), unchanged in Certain Vehicle and Light Truck
Tires from the People's Republic of China: Final Results of
Administrative Review and Final Determination of No Shipments; 2015-
2016, 83 FR 11690 (March 16, 2018). We note that only Sentury
Qingdao filed an SRA and stated that only it had exports to the
United States during the POR. See Sentury Qingdao's Letter,
``Sentury Qingdao Separate Rate Application,'' dated November 17,
2021, at 21. Additionally, because Sentury Tire USA Inc. is an
affiliated entity located in the United States, we find that, per
Commerce's practice, this affiliate should be removed from the
single entity. Id. at 20.
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We have preliminarily determined that the companies listed in
Appendix II have not demonstrated their eligibility for a separate rate
because either the company did not file a timely separate rate
application (SRA) or a separate rate certification with Commerce or it
was unable to demonstrate an absence of government control, both in law
and in fact, with respect to exports. We are treating the companies
listed in Appendix II as part of the China-wide entity. Because no
party requested a review of the China-wide entity, the entity is not
under review and the entity's rate (i.e., 76.46 percent) is not subject
to change. For additional information regarding Commerce's preliminary
separate rate determinations, see the Preliminary Decision Memorandum.
Weighted-Average Dumping Margin for Non-Selected Separate Rate
Companies
The Act and Commerce's regulations do not identify the dumping
margin 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
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. Where the dumping
margins for individually examined respondents are all zero, de minimis,
or
[[Page 54972]]
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.''
Commerce calculated an estimated weighted-average dumping margin of
9.08 percent for Giti and 0.59 percent for Sumitomo. Because Giti and
Sumitomo have individually-calculated weighted-average dumping margins
that are not zero, de minimis, or based entirely on facts otherwise
available, we are assigning the separate rate respondents a dumping
margin equal to the simple average of Giti's and Sumitomo's margins.
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 all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review in
the Federal Register. Between October 25, 2021, and January 6, 2022, we
received timely withdrawals from this administrative review from nine
companies.\15\
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\15\ The nine companies that withdrew their requests for review
are: (1) Sailun Group (HongKong) Co., Limited, formerly known as
Sailun Jinyu Group (Hong Kong) Co., Limited; (2) Sailun Group Co.,
Ltd., formerly known as Sailun Jinyu Group Co., Ltd.; (3) Sailun
Tire Americas Inc., formerly known as SJI North America Inc.; (4)
Zhongce Rubber Group Co., Ltd.; (5) Qingdao Lakesea Tyre Co., Ltd.;
(6) Safe & Well (HK) International Trading Limited; (7) Kumho Tire
(Tianjin) Co., Inc.; (8) Nanjing Kumho Tire Co., Ltd.; and (9) Kumho
Tire (Changchun) Co., Inc.
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Because no other party requested a review of the nine
aforementioned companies, consistent with 19 CFR 351.213(d)(1),
Commerce is rescinding this review, in part, with respect to these
companies.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2020, through
July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire (Anhui) 9.08
Company Ltd.; and Giti Tire (Fujian) Company Ltd.; Giti
Tire (Hualin) Company Ltd.; Giti Tire Greatwall Company,
Ltd.; Giti Tire (Anhui) Company, ltd.; Giti Tire (Yinchuan)
Company, Ltd.; Giti Tire (Chongqing) Company, Ltd..........
Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan) 0.59
Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.........
Anhui Jichi Tire Co., Ltd................................... 4.84
Crown International Corporation............................. 4.84
Hankook Tire China Co., Ltd................................. 4.84
Jiangsu Hankook Tire Co., Ltd............................... 4.84
Koryo International Industrial Limited...................... 4.84
Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial 4.84
Co., Ltd...................................................
Qingdao Sentury Tire Co., Ltd.; Sentury (Hong Kong) Trading 4.84
Co., Limited...............................................
Qingdao Sunfulcess Tyre Co., Ltd............................ 4.84
Qingdao Transamerica Tire Industrial Co., Ltd............... 4.84
Shandong Haohua Tire Co., Ltd............................... 4.84
Shandong Hengyu Science & Technology Co., Ltd............... 4.84
Shandong New Continent Tire Co., Ltd........................ 4.84
Shandong Province Sanli Tire Manufactured Co., Ltd.......... 4.84
Shandong Wanda Boto Tyre Co. Ltd............................ 4.84
Triangle Tyre Co., Ltd...................................... 4.84
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Disclosure
Commerce will disclose calculations performed for these preliminary
results to the parties within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of such case briefs
and written comments at a later date. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\16\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities. Case and rebuttal
briefs should be filed using ACCESS \17\ and must be served on
interested parties.\18\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\19\
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\16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect)'').
\17\ See 19 CFR 351.303 (for general filing requirements).
\18\ See 19 CFR 351.303(f).
\19\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, within 30 days of the date of publication of this
notice.\20\ 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. If a request
for a hearing is made, Commerce intends to hold the hearing at a date
and time to be determined.\21\ Parties should confirm the date, time,
and location of
[[Page 54973]]
the hearing two days before the scheduled date.
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless extended, pursuant
to section 751(a)(3)(A) of the Act.
Verification
On January 10, 2022, the petitioner requested, pursuant to 19 CFR
351.307(b)(1)(v), that Commerce conduct verification of the
questionnaire responses submitted in this administrative review.\22\ As
provided in section 782(i)(1) of the Act, Commerce intends to verify
the information relied upon in making its final determination for Giti.
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\22\ See Petitioner's Letter, ``Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China (A-570-016)-
Petitioner's Verification Request,'' dated January 10, 2022.
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Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\23\ 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).
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\23\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates.\24\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\25\ Where the
respondent did not report entered values, Commerce will calculate
importer/customer-specific assessment rates by dividing the amount of
dumping for reviewed sales to the importer/customer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\26\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\27\
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\24\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\25\ See 19 CFR 351.212(b)(1).
\26\ Id.
\27\ See Final Modification, 77 FR at 8103.
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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 of 76.46
percent.\28\ We also intend to liquidate entries containing subject
merchandise exported: (1) by the companies under review that we
determine in the final results to be part of the China-wide entity; and
(2) under the name Tyrechamp Group Co. Ltd., at the China-wide cash
deposit rate of 76.46 percent.
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\28\ For a full discussion of this practice, see NME Assessment
of Duties.
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For the companies receiving a separate rate, we intend to assign an
assessment rate of 4.84 percent, consistent with the methodology
described above. Additionally, if Commerce determines that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's CBP case number will be
liquidated at the rate for the China-wide entity.
Finally, for companies for which we rescinded the review,
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, in accordance with 19 CFR
351.212(c)(1)(i).
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 Chinese and non-Chinese exporters not listed above that have
separate rates, the cash deposit rate will continue to be equal to the
exporter-specific 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, 76.46 percent; and (4) for all exporters of subject
merchandise which are not located in China and which 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.
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).
[[Page 54974]]
Dated: August 31, 2022.
Lisa W. Wang,
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. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. Kenda Rubber (China) Co., Ltd.
2. Kumho Tire Co., Inc.
3. Qingdao Crowntyre Industries Co., Ltd.
4. Qingdao Odyking Tyre Co., Ltd.
5. Roadclaw Tyre (Hong Kong) Limited
6. Shouguang Firemax Tyre Co., Ltd.
7. Shandong Longyue Rubber Co., Ltd
8. Winrun Tyre Co., Ltd.
[FR Doc. 2022-19339 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 8, 2022.
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