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; 2022-2023
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Issuing agencies
Abstract
The U.S. 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, 2022, through July 31, 2023. Further, we also determine that certain companies under review had no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 90 Issue 87 (Wednesday, May 7, 2025)</title>
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[Federal Register Volume 90, Number 87 (Wednesday, May 7, 2025)]
[Notices]
[Pages 19277-19279]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07926]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2022,
through July 31, 2023. Further, we also determine that certain
companies under review had no shipments of subject merchandise to the
United States during the POR.
DATES: Applicable May 7, 2025.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2024, we published the Preliminary Results and
invited interested parties to comment.\1\ On December 9, 2024, Commerce
tolled certain deadlines in this administrative proceeding by 90
days.\2\ On April 2, 2025, Commerce extended the deadline of the final
results of this administrative review to April 30, 2025, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213(h)(2).\3\ For details regarding the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\4\
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\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 73628 (September 11, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated April 2,
2025.
\4\ 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; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ 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 complete description of the
scope of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
in the Issues and Decision Memorandum. A list of the issues that
parties raised is provided in Appendix I of this notice. 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="http://access.trade.gov">http://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>.
[[Page 19278]]
Changes Since the Preliminary Results
Based on comments received from interested parties regarding the
Preliminary Results, we have made certain changes to the margin
calculations for Zhaoqing Junhong Co., Ltd (Junhong). For a discussion
of these changes, see the Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we determined that the following
companies did not have shipments of subject merchandise during the POR:
(1) Prinx Chengshan (Shandong) Tire Company Ltd.; (2) Shandong Qilun
Rubber Co., Ltd; (3) Shandong Changfeng Tyres Co., Ltd.; (4) Qingdao
Nexen Tire Corporation; and (5) Shandong Transtone Tyre Co., Ltd.\6\ We
continue to find that each of the above-listed companies had no
shipments of subject merchandise during the POR and we will issue
appropriate liquidation instructions consistent with our ``automatic
assessment'' clarification for these final results.\7\
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\6\ See Preliminary Results, 89 FR at 73631.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Non-Market
Economy Assessment Notice).
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Separate Rates
In the Preliminary Results, we found that Shandong Hongsheng Rubber
Technology Co., Ltd. (Shandong Hongsheng) and Shandong Haohua Tire Co.,
Ltd. (Shandong Haohua) did not establish their eligibility for a
separate rate.\8\ Moreover, we determined that seven other companies
under review did not establish their eligibility for a separate rate
because they failed to provide either a separate rate application, a
separate rate certification, or a no-shipment certification (if they
were already eligible for a separate rate).\9\ As such, we
preliminarily determined that Shandong Hongsheng, Shandong Haohua, and
these seven other companies are part of the China-wide entity. No party
filed comments on these determinations in the Preliminary Results.
Therefore, for the final results, we continue to find that these nine
companies are part of the China-wide entity. See Appendix II for a list
of these nine companies.
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\8\ See Preliminary Results PDM at 10.
\9\ Id. at 11.
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In the Preliminary Results, we determined that: (1) Junhong; (2)
Jiangsu General Science Technology Co., Ltd. (Jiangsu General); (3)
Qingdao Transamerica Tire Industrial Co., Ltd. (Qingdao Transamerica);
and (4) Winrun Tyre Co., Ltd. (Winrun) demonstrated their eligibility
for a separate rate in this review.\10\ No party filed comments on
these determinations in the Preliminary Results. Therefore, we made no
changes to our preliminary separate rate findings regarding them, and
we continue to find that Junhong, Jiangsu General, Qingdao
Transamerica, and Winrun have demonstrated their eligibility for a
separate rate in this review.
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\10\ Id. at 10.
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Finally, we also stated in the Preliminary Results that we intended
to request further information regarding whether Shandong Linglong Tyre
Co., Ltd. (Shandong Linglong) had reviewable entries during the
POR.\11\ On December 11, 2024, we released additional CBP entry data
related to Shandong Linglong and provided interested parties an
opportunity to comment.\12\ On December 18, 2024, we received comments
from the petitioner,\13\ stating that Commerce should not rescind the
administrative review of Shandong Linglong.\14\ Based on information
Shandong Linglong provided in its separate rate application, in its
comments on our intent to rescind memorandum,\15\ the additional CBP
entry data, and the petitioner's comments, we determine that Shandong
Linglong had reviewable entries during the POR and is subject to this
administrative review. Moreover, we find that Shandong Linglong has
demonstrated its eligibility for a separate rate in this review.\16\
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\11\ Id., 89 FR at 73629.
\12\ See Memorandum, ``U.S. Customs Entries,'' dated December
11, 2024.
\13\ The petitioner is the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC.
\14\ See Petitioner's Letter, ``Petitioner's Comments on
Shandong Linglong's Entries,'' dated December 18, 2024.
\15\ See Shandong Linglong's Letter, ``Separate Rate
Application,'' dated November 21, 2023; see also Shandong Linglong's
Letter, ``Shandong Linglong Comments on the Department's Notice of
Intent to Rescind,'' dated February 5, 2024.
\16\ See Issues and Decision Memorandum at 5. We note that we
did not receive any comments on Shandong Linglong's separate rate
application.
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The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\17\ 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,
the entity is not under review, and the entity's rate (i.e., 76.46
percent) \18\ is not subject to change.
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\17\ 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).
\18\ See Order, 80 FR at 47904.
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Rate for Non-Selected Separate Rate Companies
The Act and Commerce's regulations do not address what rate to
apply to companies 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 companies 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. For these final results, we
determined a dumping margin for the separate rate respondents using the
calculate rate for the mandatory respondent, Junhong, which is not
zero, de minimis, or based entirely on facts available.
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period August 1, 2022, through July 31,
2023:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Jiangsu General Science Technology Co., Ltd................. 67.87
Qingdao Transamerica Tire Industrial Co., Ltd............... 67.87
Shandong Linglong Tyre Co., Ltd............................. 67.87
Winrun Tyre Co., Ltd........................................ 67.87
Zhaoqing Junhong Co., Ltd................................... 67.87
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of any public
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announcement or, if there is no public announcement, within five days
after the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
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).
Pursuant to 19 CFR 351.212(b)(1), because Junhong reported the
entered value for its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of those sales. Where either a respondent's weighted-
average dumping margin is zero or de minimis, within the meaning of 19
CFR 351.106(c)(1) of the Act, or an importer-specific rate is zero or
de minimis, we will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.
Pursuant to Commerce's assessment practice,\19\ for entries that
were not reported in the U.S. data submitted by Junhong, we will
instruct to CBP to liquidate such entries at the China-wide rate (i.e.,
76.46 percent).\20\ Additionally, where Commerce determined that an
exporter under review had no shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the weighted-average dumping margin
assigned to the China-wide entity.
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\19\ See Non-Market Economy Assessment Notice, 76 FR at 65694,
for a full discussion of this practice.
\20\ See Order, 80 FR at 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
equal to the dumping margin calculated for Junhong. Finally, for the
companies listed in Appendix II found to be part of the China-wide
entity, we will instruct CBP to liquidate all entries of subject
merchandise during the POR exported by these companies at the China-
wide assessment rate of 76.46 percent.
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 Junhong and the other exporters listed above that have a
separate rate, the cash deposit rate will be the rate established in
the final results of 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 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 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
the China-wide entity (i.e., 76.46 percent); and (4) for all exporters
of subject merchandise which are not located in China and have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-China
exporter. These 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 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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)(1) and 351.221(b)(5).
Dated: April 29, 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.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Valuation of Junhong's Rubber Input
Comment 2: Inclusion of Market-Economy Rubber Input Purchases
From Affiliated Suppliers
VI. Recommendation
Appendix II
Companies Found To Be Part of the China-Wide Entity
1. Kinforest Tyre Co., Ltd.
2. Qingdao Fullrun Tyre Tech Corp., Ltd.
3. Qingdao Powerich Tyre Co., Ltd.
4. Qingdao Vitour United Corp.
5. Shandong Haohua Tire Co., Ltd.
6. Shandong Hongsheng Rubber Technology Co., Ltd.
7. Shandong Wanda Boto Tyre Co., Ltd.
8. Tianjin Wanda Tyre Group Co., Ltd.
9. Zhongce Rubber Group Company, Ltd.
[FR Doc. 2025-07926 Filed 5-6-25; 8:45 am]
BILLING CODE 3510-DS-P
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