Notice2025-08341
Passenger Vehicle and Light Truck Tires From Thailand: Final Results of 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 13, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Prinx Chengshan Tire (Thailand) Co., Ltd. (Prinx) and Sumitomo Rubber (Thailand) Co., Ltd. (SRT) made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) July 1, 2022, through June 30, 2023. Commerce further determines that sales of subject merchandise made by the non- individually examined companies were at prices below NV.
Full Text
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<title>Federal Register, Volume 90 Issue 91 (Tuesday, May 13, 2025)</title>
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[Federal Register Volume 90, Number 91 (Tuesday, May 13, 2025)]
[Notices]
[Pages 20278-20281]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08341]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-842]
Passenger Vehicle and Light Truck Tires From Thailand: Final
Results of 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
Prinx Chengshan Tire (Thailand) Co., Ltd. (Prinx) and Sumitomo Rubber
(Thailand) Co., Ltd. (SRT) made sales of subject merchandise in the
United States at prices below normal value (NV) during the period of
review (POR) July 1, 2022, through June 30, 2023. Commerce further
determines that sales of subject merchandise made by the non-
individually examined companies were at prices below NV.
DATES: Applicable May 13, 2025.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, AD/CVD
[[Page 20279]]
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-0981,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2024, Commerce published the Preliminary Results and
invited comments from interested parties.\1\ On November 6, 2024,
Commerce extended the deadline for the final results of this
administrative review until February 5, 2025.\2\ On December 9, 2024,
Commerce tolled the deadline to issue the final results in this
administrative review by an additional 90 days to May 6, 2025.\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 Passenger Vehicle and Light Truck Tires from Thailand:
Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2022-2023, 89 FR 65320 (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; 2022-2023,'' dated November
6, 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 Antidumping Duty Administrative Review of Passenger
Vehicle and Light Truck Tires from Thailand; 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 Thailand. 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
filed in this administrative review in the Issues and Decision
Memorandum. For a list of the issues raised by interested 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>.
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 Prinx and SRT for these final results of review. As a result of
these changes, the weighted-average dumping margin changed for the
companies subject to this review, but not selected for individual
examination. For a discussion of these changes, see the Issues and
Decision Memorandum.
Rates for Non-Examined Companies
The Tariff Act of 1930, as amended (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 an
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
Prinx and SRT that are not zero, de minimis or based entirely on facts
available. Therefore, we have assigned the non-examined companies a
rate equal to the weighted average of the weighted-average dumping
margins calculated for Prinx and SRT, 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 Thailand: Rate for Non-Examined Companies,'' dated concurrently
with this notice.
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Final Results of the Review
We determine the following estimated weighted-average dumping
margins exist for the period July 1, 2022, through June 30, 2023.
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Prinx Chengshan Tire (Thailand) Co., Ltd................ 5.08
Sumitomo Rubber (Thailand) Co., Ltd..................... 3.76
Review-Specific Rate for Non-Examined Companies:
Bridgestone Company, Ltd............................ 3.89
Bridgestone Tire Manufacturing (Thailand) Co., Ltd.. 3.89
S.R. Tyres Co., Ltd................................. 3.89
Thai Bridgestone Co., Ltd........................... 3.89
Vee Tyre & Rubber Co., Ltd.......................... 3.89
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Disclosure
We intend to disclose the calculations performed to interested
parties in this proceeding within five days after the publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, 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.\8\ Because the weighted-average dumping margins for Prinx
and SRT are not zero or de minimis (i.e., less than 0.50 percent), for
these final results, Commerce calculated importer-specific ad valorem
assessment rates on the basis of on the ratio of the total amount of
dumping calculated for each importer's examined sales to the total
entered value sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\9\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values.
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\8\ 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).
\9\ See 19 CFR 351.212(b)(1).
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For entries of subject merchandise during the POR produced by
either Prinx or SRT for which it did not know that the merchandise it
sold to the intermediary (e.g., reseller, trading company, or exporter)
was destined for the United States, we will instruct CBP to liquidate
such entries at the all-others rate (i.e., 17.06 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 the companies that were not selected for individual review, we
will assign an assessment rate based on the review-specific average
rate, calculated as noted in the ``Rate for Non-Examined Respondents''
section above.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results 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, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed
companies will be equal to the weighted-average dumping margin
established in the final results of this review; (2) for producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the most recently completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established in the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 17.06 percent, the all-
others rate established in the LTFV investigation in this
proceeding.\12\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\12\ See Order.
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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 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
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: May 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.
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
Prinx
Comment 1: Commerce Should Substitute Adverse Facts Available
for the U.S. Sales Expenses that Prinx Allocated by Weight
Comment 2: Commerce Should Ensure that Prinx's U.S. Prices Are
Adjusted for All Royalty Payments
Comment 3: Commerce Should Allow Prinx to Withdraw its Review
Request and Rescind the Review with Respect to Prinx
Comment 4: Commerce Must Adjust the Late Payment Charges
SRT
Comment 5: Commerce Should Rely on Adverse Facts for the
Warehouse/Handline Fee that SRT Paid for its Secondary Sales
Comment 6: Commerce Should Adjust SRT's U.S. Secondary Sales
Prices for Unreported Freight Costs
Comment 7: Commerce Should Substitute Adverse Facts Available
for the USOTHTRU and INTNFRU Expenses Reported by SRT for its
Secondary Sales
Comment 8: Commerce Should Adjust SRT's Prices for the Direct
Support for its Sales that SRI has Provided
Comment 9: Commerce Grant a CEP Offset for SRT in the Final
Results
Comment 10: Commerce Should Base the Universe of Reviewed Sales
on Entry Date Where Such Information is Available
Comment 11: Commerce's Preliminary Use of the Cohen's d Test to
Find Significant Price Differences Among SRT's Sales
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Data Was Arbitrary and Capricious and Unsupported by Substantial
Evidence
Comment 12: Commerce Should Grant a Duty Drawback Adjustment for
SRT in the Final Results
VI. Recommendation
[FR Doc. 2025-08341 Filed 5-12-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 13, 2025.
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