Notice2025-04007
Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
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 13, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On November 26, 2024, the U.S. Court of International Trade (the Court) issued a partial judgment in YC Rubber Co. (North America) LLC., et al. v. United States, Consol., Court no. 19-00069, sustaining, in part, the U.S. Department of Commerce (Commerce)'s first remand results pertaining to the administrative review of the antidumping duty (AD) order on passenger vehicle and light truck tire (passenger tires) from the People's Republic of China (China) covering the period August 1, 2016, through July 31, 2017. Commerce is notifying the public that the Court's partial judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Kenda Rubber (China) Co., Ltd. (Kenda).
Full Text
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<title>Federal Register, Volume 90 Issue 48 (Thursday, March 13, 2025)</title>
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[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11942-11943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04007]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Notice of Court Decision Not in Harmony With the
Results of Antidumping Administrative Review; Notice of Amended Final
Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 26, 2024, the U.S. Court of International Trade
(the Court) issued a partial judgment in YC Rubber Co. (North America)
LLC., et al. v. United States, Consol., Court no. 19-00069, sustaining,
in part, the U.S. Department of Commerce (Commerce)'s first remand
results pertaining to the administrative review of the antidumping duty
(AD) order on passenger vehicle and light truck tire (passenger tires)
from the People's Republic of China (China) covering the period August
1, 2016, through July 31, 2017. Commerce is notifying the public that
the Court's partial judgment is not in harmony with Commerce's final
results of the administrative review, and that Commerce is amending the
final results with respect to the dumping margin assigned to Kenda
Rubber (China) Co., Ltd. (Kenda).
DATES: Applicable November 26, 2024.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
On April 26, 2019, Commerce published its Final Results in the
2016-2017 AD administrative review of passenger tires from China.
Commerce calculated a rate of 64.57 percent for Zhaoqing Junhong Co.,
Ltd. (Junhong) and relied on that rate to establish the rate for the
separate rate respondents.\1\
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\1\ See 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; 2016-
2017, 84 FR 17781 (April 26, 2019) (Final Results).
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In its August 29, 2022, opinion, the U.S. Court of Appeals for the
Federal Circuit (Federal Circuit) remanded the Final Results,
concluding that Commerce erred in restricting its examination to a
single mandatory respondent and in applying the single mandatory
respondent's rate to the separate rate respondents.\2\ Therefore, on
remand, Commerce sought to select an additional mandatory respondent to
review and selected Kenda as a mandatory respondent.\3\ In March and
May 2023, Kenda submitted responses to sections A through D of
Commerce's AD questionnaire.\4\ In June 2023, Kenda submitted responses
to Commerce's supplemental questionnaire.\5\ In the first remand
redetermination, issued in October 2023, Commerce: (1) recalculated
Kenda's estimated weighted-average dumping margin to be 18.15 percent
based on its reported data; (2) recalculated the separate rate and
applied it to Shandong Linglong Tyre Co. (Linglong); and (3) continued
to find Shandong Wanda Boto Tyre Co., Ltd. (Wanda Boto), Mayrun Tyre
(Hong Kong) Limited (Mayrun), Shandong Hengyu Science & Technology Co.,
Ltd. (Hengyu), and Winrun Tyre Co., Ltd. (Winrun) to be part of the
China-wide entity.\6\ The Court remanded for a second time, concluding
that Commerce: (1) may have erred in the order in which it selected a
second respondent; (2) did not support with substantial evidence its
denial of separate rate status for Mayrun, Hengyu, Winrun, and Wanda
Boto; and (3) did not sufficiently explain its denial of the new
withdrawal requests submitted during the first remand.\7\
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\2\ See YC Rubber Co. (North America) LLC., et al. v. United
States, 2022 U.S. App. LEXIS 14259, (Fed. Cir. 2022).
\3\ See Memorandum, ``Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China--Respondent Selection,''
dated March 10, 2023.
\4\ See Kenda's Letter, ``Passenger Vehicle and Light Truck
Tires from the People's Republic of China: Kenda's Response to
Section A and Double Remedy Questionnaire,'' dated April 17, 2023;
see also Kenda's Letter, ``Certain Passenger Vehicle and Light Truck
Tires from China: Kenda Section C Questionnaire Response,'' date May
2, 2023; Kenda's Letter, ``Certain Passenger Vehicle and Light Truck
Tires from China: Kenda Section D Questionnaire Response,'' dated
May 9, 2023.
\5\ See Kenda's Letters, ``Certain Passenger Vehicle and Light
Truck Tires from China: Kenda First Supplemental Questionnaire
Response: Questions 2, 3, and 5-12,'' dated June 22, 2023; and
``Certain Passenger Vehicle and Light Truck Tires from China: Kenda
First Supplemental Questionnaire Response: Questions 1, 4, and 13-
15,'' dated June 27, 2023.
\6\ See YC Rubber Co. (North America) LLC., et al. v. United
States, Consol. Court No. 19-000069, Slip Op. 21-1489 (CIT February
2, 2023), dated October 31, 2023 (First Remand Results), available
at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\7\ See YC Rubber Co. (North America) LLC, et al. v. United
States, 711 F. Supp. 3d 1387 (CIT 2024).
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In its second remand redetermination, issued in October 2024,
pursuant to the Remand Order, Commerce reexamined the U.S. Customs and
Border Protection (CBP) data and determined that the correct order of
selection for a second mandatory respondent was: (1) Wanda Boto; (2)
Hengyu; (3) Mayrun; (4) Winrun; (5) Linglong, and (6) Kenda. Thus, on
remand, Commerce selected Linglong as an additional mandatory
respondent; however, because Linglong refused to participate, Commerce
continued to rely on Kenda as the second mandatory respondent. In
addition, Commerce found that: (1) Wanda Boto, Mayrun, Hengyu, Winrun,
and Linglong failed to establish their entitlement to a separate rate
and thus were part of the China-wide entity; and (2) that it is
inappropriate to accept the untimely review withdrawal requests filed
by Mayrun, Hengyu, Winrun, and Linglong. Finally, Commerce recalculated
the cash deposit rate applicable to the China-wide entity to account
for combined export subsidies and estimated domestic subsidy pass-
through of 11.13 percent.\8\ In response to a motion by Kenda for
partial judgement, the Court issued a partial judgment sustaining
Commerce's final redetermination with respect to Kenda's dumping margin
calculation.\9\
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\8\ See YC Rubber Co. (North America) LLC., et al. v. United
States, Consol. Court No. 19-00069, Slip Op. 24-74 (CIT June 18,
2024) (Second Remand Results).
\9\ See YC Rubber Co. (North America) LLC., et al. v. United
States, Consol. Court No. 19-00069, ECF Nos. 124 and 125 (CIT
November 26, 2024).
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[[Page 11943]]
Timken Notice
In its decision in Timken,\10\ as clarified by Diamond
Sawblades,\11\ the Federal Circuit held that, pursuant to section
516A(c) and (e) of the Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The Court's November
26, 2024, judgment constitutes a final decision of the Court that is
not in harmony with Commerce's Final Results. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\11\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment regarding the dumping
margin calculation for Kenda, Commerce is amending its Final Results
with respect to Kenda as follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Kenda Rubber (China) Co., Ltd.............................. 18.15
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Cash Deposit Requirements
Because Kenda has a superseding cash deposit rate, i.e., there have
been final results published in a subsequent administrative review, we
will not issue revised cash deposit instructions to CBP. Accordingly,
this notice will not affect Kenda's current cash deposit rate.
Liquidation of Suspended Entries
Commerce intends to instruct CBP to assess antidumping duties on
unliquidated entries of subject merchandise produced and/or exported by
Kenda in accordance with 19 CFR 351.212(b). We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate is not
zero or de minimis. Where an import-specific ad valorem assessment rate
is zero or de minimis,\12\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\12\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: March 6, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-04007 Filed 3-12-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 13, 2025.
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