Notice2023-05148
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; 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
March 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the exporters of passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (China) listed in the "Final Results of Review" section below, sold subject merchandise at less than normal value during the period of review (POR), August 1, 2020, through July 31, 2021. Further, we also determine that certain companies under review had no shipments to the United States during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15663-15665]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05148]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
exporters of passenger vehicle and light truck tires (passenger tires)
from the People's Republic of China (China) listed in the ``Final
Results of Review'' section below, sold subject merchandise at less
than normal value during the period of review (POR), August 1, 2020,
through July 31, 2021. Further, we also determine that certain
companies under review had no shipments to the United States during the
POR.
DATES: Applicable March 14, 2023.
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 8, 2022, we published the Preliminary Results and
invited interested parties to comment.\1\ We invited parties to comment
on the Preliminary Results. For details regarding the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\
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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; Rescission, in Part; and Preliminary
Determination of No Shipments; 2020-2021, 87 FR 54970 (September 8,
2022) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ 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; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(IDM).
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Scope of the Order <SUP>3</SUP>
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\3\ 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
All issues raised in the case and rebuttal briefs filed by
interested parties are addressed 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="https://access.trade.gov">https://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 certain changes in the calculation of Giti's and
Sumitomo's \4\ weighted-average dumping margins. These include changes
to the valuation of certain inputs, correction of certain errors
alleged by parties in their case and rebuttal briefs, changes related
to minor corrections raised at on-site verification for Giti, and the
use of a revised factors of production database for Sumitomo. For a
discussion of these changes, see the Issues and Decision Memorandum.\5\
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\4\ Giti refers to a single entity, which includes Giti Tire
Global Trading Pte. Ltd. (GTT); Giti Radial (Anhui) Tire Company
Ltd., and Giti Tire Fujian Company Ltd., Giti Tire (Hualin) Company,
Ltd., Giti Tire Greatwall Company. Ltd., Giti Tire (Anhui) Company,
Giti Tire (Yinchuan) Company Ltd., and Giti Tire (Chongqing) Company
Ltd. 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
Preliminary Results PDM at 2.
\5\ See IDM at ``Changes Since the Preliminary Results.''
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Final Determination of No Shipments
In the Preliminary Results, we found that: (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 (Tyrechamp); (9) Wendeng Sanfeng Tyre Co., Ltd.; and (10)
Zhaoqing Junhong Co., Ltd. did not have shipments of subject
merchandise during the POR.\6\ No party commented on this preliminary
finding for any company except Tyrechamp.
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\6\ See Preliminary Results, 87 FR at 54970-71 and Preliminary
Results PDM at ``Preliminary Determination of No Shipments.''
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As noted above, we preliminarily found that Tyrechamp did not have
any shipments of subject merchandise during the POR. Although the
petitioner \7\ argued in its case brief against our preliminary finding
of no shipments for Tyrechamp, we received no information to contradict
our preliminary determination, thus, we continue to find that Tyrechamp
made no shipments of subject merchandise to the United States during
the POR.\8\ Therefore, for the final results of review, we continue to
find that these companies did not have any shipments of subject
merchandise during the POR.
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\7\ The petitioner is the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC.
\8\ See Issues and Decision Memorandum at Comment 18 for a more
detailed discussion of this issue.
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Separate Rates
We made no changes to our preliminary separate rate findings. Thus,
we continue to find that that the evidence provided by the two
mandatory respondents as well as respondents: (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.
supported finding an absence of both de jure and de facto government
control, and,
[[Page 15664]]
therefore, we continue to grant a separate rate to these companies.\9\
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\9\ See Preliminary Results, 87 FR at 54970-71; see also
Preliminary Results PDM at ``Discussion of the Methodology;'' and
IDM at ``Separate Rates.''
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Rate for Non-Selected Separate Rate Respondents
The Tariff Act of 1930, as amended (the Act) 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 5.39 percent dumping margin for mandatory
respondent Giti and a 0.59 percent dumping margin for mandatory
respondent Sumitomo. We assigned the separate rate respondents a
dumping margin equal to the weight average of Giti's and Sumitomo's
final dumping margins. We weight averaged Giti's and Sumitomo's final
dumping margins using the public values of their reported sales of
subject merchandise to the United States during the POR in accordance
with section 735(c)(5)(A) of the Act.\10\
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\10\ See Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Selected Companies,'' dated March 7, 2023.
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Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period August 1, 2020, through July 31, 2021:
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Weighted-
average
Exporter dumping margin
(percent)
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Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire 5.39
(Anhui) 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............................... 2.19
Crown International Corporation......................... 2.19
Hankook Tire China Co., Ltd............................. 2.19
Jiangsu Hankook Tire Co., Ltd........................... 2.19
Koryo International Industrial Limited.................. 2.19
Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial 2.19
Co., Ltd...............................................
Qingdao Sentury Tire Co., Ltd........................... 2.19
Qingdao Sunfulcess Tyre Co., Ltd........................ 2.19
Qingdao Transamerica Tire Industrial Co., Ltd........... 2.19
Shandong Haohua Tire Co., Ltd........................... 2.19
Shandong Hengyu Science & Technology Co., Ltd........... 2.19
Shandong New Continent Tire Co., Ltd.................... 2.19
Shandong Province Sanli Tire Manufactured Co., Ltd...... 2.19
Triangle Tyre Co., Ltd.................................. 2.19
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of 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, 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).
For Giti and Sumitomo, 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). Where an importer-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-specific ad valorem assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.
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).\11\
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\11\ See Order, 80 FR at 47904, n.19 and 47906.
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For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
the rate assigned to them for the final results (i.e., 2.19 percent).
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
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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
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.
Administrative Protective Order
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 administrative protective order
(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.
Notification to Interested Parties
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 7, 2023.
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 Giti Failed to Report Certain U.S. Sales
Comment 2: Whether to Apply Adverse Facts Available (AFA) to
Giti's Warranty Expenses
Comment 3: Whether to Apply AFA to Giti's Advertising Expenses
Comment 4: Whether to Account for Giti's Minor Corrections in
its Final Calculations
Comment 5: Whether Commerce Should Adjust Giti's Reported
Section 301 Duty Reporting for the Final Results
Comment 6: Whether Commerce Should Correct the Value of Giti's
Factors Of Production Usage
Comment 7: Whether Commerce Should Add Giti's Billing Adjustment
in its Countervailing Duty Offset and U.S. Net Price Calculations
Comment 8: Whether Commerce Should Correct the Surrogate Value
Used for Rail Freight
Comment 9: Whether Commerce Should Apply AFA to Sumitomo
Comment 10: Whether to Apply the Cohen's d Test
Comment 11: Whether to Grant Sumitomo a By-Product Offset
Comment 12: Whether to Grant Sumitomo's Rebate Price Adjustment
Comment 13: Whether Commerce Should Use Sumitomo's Reported
Weight-Based Calculations for Freight, Warehousing and Marine
Insurance Expenses
Comment 14: Whether Commerce Should Make Changes to the
Surrogate Values Used for Natural Rubber for the Final Results
Margin Calculations
Comment 15: Whether Commerce Should Make Changes to the
Surrogate Values Used for Ocean Freight for the Final Results Margin
Calculations
Comment 16: Whether to Include Distance in the Surrogate Value
for Ocean Freight
Comment 17: Whether Commerce Should Use 10-Digit Harmonized
Schedule Numbers for Surrogate Values
Comment 18: Whether Tyrechamp Group Co., Limited Had Reviewable
Entries During the POR
Comment 19: Whether Kumho Tire Co., Inc. is Entitled to a
Separate Rate
VIII. Recommendation
[FR Doc. 2023-05148 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 14, 2023.
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