Notice2024-23917
Truck and Bus Tires From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
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 17, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain truck and bus tires from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV).
Full Text
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<title>Federal Register, Volume 89 Issue 201 (Thursday, October 17, 2024)</title>
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[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83636-83639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23917]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-848]
Truck and Bus Tires From Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain truck and bus tires from Thailand are being, or are likely to
be, sold in the United States at less than fair value (LTFV).
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Jonathan Schueler,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 20, 2024, Commerce published the Preliminary Determination
in the Federal Register.\1\
[[Page 83637]]
We invited interested parties to comment on the Preliminary
Determination. Bridgestone Corporation (Bridgestone) and Prinx
Chengshan Tire (Thailand) Co., Ltd. (Prinx) are the mandatory
respondents in this investigation. On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
The deadline for the final determination is now October 9, 2024.
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\1\ See Truck and Bus Tires from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances, and
Postponement of Final Determination, 89 FR 43806 (May 20, 2024)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\3\ 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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Truck and Bus Tires from Thailand,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are truck and bus tires
from Thailand. For a full description of the scope of this
investigation, see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in June and July 2024, we conducted verification of the
sales information and cost information submitted by Bridgestone and
Prinx for use in our final determination. We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by Bridgestone and
Prinx.
Analysis of Comments Received
The issues raised in comments that were submitted by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues addressed in the Issues and Decision Memorandum is
attached to this notice at Appendix II.
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances did not exist with respect to imports of truck and bus
tires exported by Bridgestone, Prinx, and all other companies.\4\
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\4\ See Preliminary Determination PDM at 20.
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For the final determination, pursuant to section 735(a)(3)(B) of
the Act and 19 CFR 351.206, we continue to find that critical
circumstances do not exist for Prinx and all other companies, but that
critical circumstances do exist for Bridgestone. For a full description
of the methodology and results of Commerce's critical circumstances
analysis, see the Issues and Decision Memorandum.
Changes Since the Preliminary Determination
As explained in the Issues and Decision Memorandum, Commerce was
unable to verify the accuracy of Bridgestone's reporting with respect
to its sales data. As a consequence, we find that Bridgestone's
reported sales data are unverified and, thus, cannot serve as a
reliable basis for calculating an accurate margin for Bridgestone in
this investigation. Furthermore, based on our analysis of the comments
received and our findings at verification, we made changes to Prinx's
dumping margin. For a discussion of these changes, see the Issues and
Decision Memorandum.
Use of Adverse Facts Available
Because Bridgestone's submitted data could not be verified, we are
unable to use its data to calculate an accurate dumping margin for the
company. Therefore, for this final determination we find it appropriate
to rely on facts available with an adverse inference (AFA) to assign
Bridgestone an estimated weighted-average dumping margin, in accordance
with sections 776(a) and (b) of the Act, and 19 CFR 351.308, because
Bridgestone failed to cooperate by not acting to the best of its
ability to comply with our requests for information. In applying AFA,
we assigned Bridgestone the margin identified in the Petition, i.e.,
48.39 percent.\5\
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\5\ See Truck and Bus Tires from Thailand: Initiation of Less-
Than-Fair-Value Investigation, 88 FR 77960 (November 14, 2023); see
also Checklist, ``Antidumping Duty Investigation Initiation
Checklist: Truck and Bus Tires from Thailand, dated November 6,
2023, at 7; Petitioner's Letter, ``Petition for the Imposition of
Antidumping Duties on Truck and Bus Tires from Thailand,'' dated
October 17, 2023 (Petition), at Volume II; and Petitioner's Letter,
``Petition Supplemental Questions Response,'' dated October 24,
2023.
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Additionally, due to findings at verification related to certain of
Prinx's reported sales expenses, we find it appropriate to rely on AFA,
in part, in the calculation of its dumping margin for the final
determination. For further discussion, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually examined shall be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and margins determined entirely under
section 776 of the Act.
For the final determination of this investigation, Prinx was the
only individually examined exporter/producer for which Commerce
calculated an individual estimated weighted-average dumping margin.
Because Prinx's dumping margin is the only individually calculated
dumping margin that is not zero, de minimis, or based entirely on facts
otherwise available, the estimated weighted-average dumping margin
calculated for Prinx is the margin assigned to all other producers and
exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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Bridgestone Corporation..................................... 48.39
Prinx Chengshan Tire (Thailand) Co., Ltd.................... 12.33
All Others.................................................. 12.33
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Disclosure
Commerce intends to disclose the calculations performed in
connection
[[Page 83638]]
with this final determination to interested parties within five days of
any public announcement or, if there is no public announcement, within
five days of the publication of the notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because the Preliminary Determination was negative with respect to
Prinx, we did not instruct U.S. Customs and Border Protection (CBP) to
suspend entries of subject merchandise, as described in Appendix I to
this notice, from Prinx. In accordance with section 735(c)(1)(C) of the
Act, we will now direct CBP to suspend liquidation of all imports of
the subject merchandise from Prinx entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register, and to require the posting of a cash
deposit for such entries of merchandise.
With respect to Bridgestone, section 733(e)(2) of the Act provides
that, given an affirmative determination of critical circumstances, any
suspension of liquidation shall apply to unliquidated entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the later of: (a) the date which is 90 days
before the date on which the suspension of liquidation was first
ordered; or (b) the date on which notice of initiation of the
investigation was published. The Preliminary Determination was
affirmative with respect to Bridgestone's sales at LTFV; however,
Commerce preliminarily determined that critical circumstances did not
exist for Bridgestone. Accordingly, Commerce ordered the suspension of
liquidation for Bridgestone's entries of subject merchandise from
Thailand on May 20, 2024, the date of publication of the Preliminary
Determination in the Federal Register. Therefore, as a result of this
final affirmative determination of critical circumstances for
Bridgestone, pursuant to section 733(e)(2) of the Act, we will now
instruct CBP to suspend liquidation of all entries of subject
merchandise from Bridgestone which were entered, or withdrawn from
warehouse, for consumption on or after February 20, 2024, which is 90
days prior to the publication of the Preliminary Determination.
Finally, with respect to all other companies, in accordance with
section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue
to suspend liquidation of all appropriate entries of subject
merchandise from Thailand, as described in Appendix I to this notice,
entered, or withdrawn from warehouse, for consumption on or after May
20, 2024, the date of publication of Preliminary Determination in the
Federal Register. These suspension-of-liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent identified above
but the producer is, then the cash deposit rate will be equal to the
company-specific estimated weighted-average dumping margin established
for that producer of the subject merchandise; and (3) the cash deposit
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
Commerce's final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of truck and bus
tires from Thailand, no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded and suspension of liquidation will be lifted. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order (APO)
This notice will serve as a final reminder to the parties subject
to an APO of their responsibility concerning the disposition 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 a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: October 9, 2024.
Scot Fullerton,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of the investigation covers truck and bus tires. Truck
and bus tires are new pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires covered by the scope may
be tube-type, tubeless, radial, or non-radial (also known as bias
construction or bias-ply). 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 one of the following suffixes in their tire size
designation, which also appear on the sidewall of the tire:
TR--Identifies tires for service on trucks or buses to
differentiate them from similarly sized passenger car and light
truck tires; and
HC--Identifies a 17.5 inch rim diameter code for use on low
platform trailers.
All tires with a ``TR'' or ``HC'' suffix in their size
designations are covered by the scope regardless of their intended
use.
In addition, all tires that lack one of the above suffix
markings are included in the scope, 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 fits trucks or busses. Sizes that fit
trucks and busses include, but are not limited to, the numerical
size designations listed in the ``Truck-Bus'' section of the Tire
and Rim Association Year Book, as updated annually. The scope
includes all tires that are of a size that fits trucks or busses,
unless the tire falls within one of the specific exclusions set out
below.
Truck and bus tires, whether or not mounted on wheels or rims,
are included in the scope. However, if a subject tire is imported
mounted on a wheel or rim, only the tire is covered by the scope.
Subject merchandise includes truck and bus tires produced in the
subject country whether mounted on wheels or rims in the subject
country or in a third country. Truck and bus tires are covered
whether or not they are accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter
attached to a vehicle are not covered by the scope.
Specifically excluded from the scope are the following types of
tires: (1) pneumatic
[[Page 83639]]
tires, of rubber, that are not new, including recycled and retreaded
tires; (2) non-pneumatic tires, such as solid rubber tires; and (3)
tires that exhibit each of the following physical characteristics:
(a) the designation ``MH'' is molded into the tire's sidewall as
part of the size designation; (b) the tire incorporates a warning,
prominently molded on the sidewall, that the tire is for ``Mobile
Home Use Only;'' and (c) the tire is of bias construction (also
known as non-radial construction) as evidenced by the fact that the
construction code included in the size designation molded into the
tire's sidewall is not the letter ``R.''
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1015 and 4011.20.5020. Tires meeting the scope description
may also enter under the following HTSUS subheadings: 4011.90.1010,
4011.90.1050, 4011.90.2010, 4011.90.2050, 4011.90.8010,
4011.90.8050, 8708.70.4530, 8708.70.4546, 8708.70.4548,
8708.70.4560, 8708.70.6030, 8708.70.6045, 8708.70.6060, and
8716.90.5059.
While HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise
is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, in
Part
IV. Changes from the Preliminary Determination
V. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Issues
Comment 1: Treatment of Certain of Bridgestone's Sales
Information and Sales Expenses Based on Commerce's Findings at
Verification and Whether Commerce Should Apply Adverse Facts
Available (AFA) to Bridgestone
Comment 2: Whether Commerce Should Adjust Bridgestone's Normal
Value (NV) to Include Home Market (HM) Rebates
Comment 3: Whether Commerce Should Apply Total AFA to Prinx
Comment 4: Whether Commerce Should Apply Partial AFA to Certain
of Prinx's Sales Expenses
Comment 5: Whether Commerce Should Use Bridgestone's Constructed
Export Price (CEP) Profit to Calculate Prinx's CEP Profit Rate
Comment 6: Whether Commerce Should Rely on Bridgestone's
Reported Data for Use in Prinx's Constructed Value (CV) Profit and
Indirect Selling Expenses
Comment 7: Whether Prinx's U.S. Warranty Expenses, WARRU, Should
Be Applied to Prinx's CEP Sales
Comment 8: Whether Commerce Should Use the Cohen's d Test
VII. Recommendation
[FR Doc. 2024-23917 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 17, 2024.
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.