Notice2025-08205
Passenger Vehicle and Light Truck Tires From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2022-2023
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
May 9, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Hankook Tire & Technology Co. Ltd. (Hankook) and Nexen Tire Corporation (Nexen) made sales of passenger vehicle and light truck tires from the Republic of Korea (Korea) at prices below normal value (NV) during the period of review (POR), July 1, 2022, through June 30, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19673-19675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08205]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-908]
Passenger Vehicle and Light Truck Tires From the Republic of
Korea: Final Results of the Antidumping Duty Administrative Review;
2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Hankook Tire & Technology Co. Ltd. (Hankook) and Nexen Tire Corporation
(Nexen) made sales of passenger vehicle and light truck tires from the
Republic of Korea (Korea) at prices below normal value (NV) during the
period of review (POR), July 1, 2022, through June 30, 2023.
DATES: Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo and Jun Jack Zhao,
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
and (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2024, Commerce published the Preliminary Results in
the Federal Register and invited comments from interested parties.\1\
On December 4, 2024, Commerce extended the deadline for these final
results by 60 days to February 5, 2025, in accordance with section
751(2)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213(h)(2).\2\ On December 9, 2024, Commerce tolled the deadline
to issue the final results in this administrative review by 90 days.\3\
Accordingly, the deadline for these final results is now May 6, 2025.
For details regarding the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\
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\1\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2022-2023, 89 FR 65328 (August 9, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 4, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Passenger Vehicle and Light Truck Tires from the Republic of Korea;
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 Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and
Amended Final Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
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The merchandise covered by the Order is passenger vehicle and light
truck tires from Korea. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.\6\
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\6\ See Issues and Decision Memorandum.
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
interested parties to this administrative review in the Issues and
Decision Memorandum. For a list of the issues raised by parties, see
the appendix to 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="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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Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for Hankook and Nexen for these final results of review. As a result of
these changes, the weighted-average dumping margin changed for the
company subject to this review, but not selected for individual
examination. For a discussion of these changes, see the Issues and
Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be determined for 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 a
less-than-fair-value (LTFV) investigation, for guidance when
determining the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review.
Section 735(c)(5)(A) of the Act provides that Commerce will base
the all-others rate on the weighted average of the estimated weighted-
average dumping margins calculated for the individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available. Where the estimated weighted-average
dumping margin for each of the individually examined companies is 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 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.''
In this review, we calculated weighted-average dumping margins for
Hankook and Nexen are not zero, de minimis, or based entirely on facts
otherwise available. Therefore, we have assigned to the non-examined
company, Kumho Tire Co., Inc., a rate equal to the weighted average of
the weighted-average dumping margins calculated for Hankook and Nexen,
consistent with the guidance in section 735(c)(5)(A) of the Act.\7\
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\7\ See Memorandum, ``Final Results of the Antidumping Duty
Administrative Review of Passenger Vehicles and Light Truck Tires
from the Republic of Korea: Rate for Non-Examined Companies,'' dated
concurrently with this notice.
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Final Results of Review
As a result of this review, Commerce determines that the following
estimated weighted-average dumping margins exist for the period July 1,
2022, through June 30, 2023:
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\8\ In the LTFV investigation, Commerce determined that Hankook
Tire Mfg. Co., Ltd. and Hankook Tire Co., Ltd. are alternative names
for Hankook Tire & Technology Co. Ltd. See Passenger Vehicle and
Light Truck Tires from the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less than Fair Value,
Postponement of Final Determination and Extension of Provisional
Measures, 86 FR 501 (January 6, 2021), and accompanying PDM at 2 (n.
9).
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Hankook Tire & Technology Co., Ltd., Hankook Tire Mfg Co. 4.64
Ltd., and Hankook Tire Co., Ltd.\8\........................
Nexen Tire Corporation...................................... 4.09
Kumho Tire Co., Inc......................................... 4.37
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after the date of publication in the
Federal Register of these final results of review, 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)(1), Commerce shall 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.\9\
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\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Because the weighted-average dumping margins for Hankook and Nexen
are not zero or de minimis (i.e., less than 0.5 percent), we calculated
importer-specific ad valorem assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales for each
importer to the total entered value of the same sales. Where an
importer-specific rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e., 21.74
percent) \10\ if there is no rate for the intermediate company(ies)
involved in the transaction.\11\
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\10\ See Order, 86 FR at 38012.
\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For Kumho Tire Co., Inc., the assessment rate for antidumping
duties will be equal to the weighted-average dumping margin in the
final results of review. If the weighted-average dumping margin is zero
or de minimis in the final results of review, then we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review in the Federal Register, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for the exporters listed above will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is zero or de minimis, then no cash deposit will
be required); (2) for previously reviewed or investigated exporters not
listed above, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the LTFV investigation, but the producer is, the cash deposit rate will
be equal to the weighted-average dumping margin established for these
final results or the most recently completed segment of this proceeding
for the producer of the subject merchandise; and (4) the cash deposit
rate for all other producers or
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exporters will continue to be 21.74 percent, the all-others rate
established in the less-than-fair value investigation.\12\
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\12\ See Order, 86 FR at 38012.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as the 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping 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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(5).
Dated: May 5, 2025.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Commerce's Use of the Cohen's d Test
Comment 2: Hankook's Affiliated-Party Sales in the Home Market
Comment 3: Hankook's Name
Comment 4: Nexen's Sale Dates
Comment 5: Nexen's Level of Trade
VI. Recommendation
[FR Doc. 2025-08205 Filed 5-8-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 9, 2025.
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