Notice2026-05206
Certain 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
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Published
March 17, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On March 4, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in YC Rubber v. United States, CIT Court no. 19-00069, sustaining the U.S. Department of Commerce (Commerce)'s third remand results pertaining to the administrative review of the antidumping duty (AD) order on Certain Passenger Vehicle and Light Truck 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 CIT's final 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 Shandong Linglong Tyre Co., Ltd (Linglong) and entities belonging to the China-wide entity.
Full Text
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<title>Federal Register, Volume 91 Issue 51 (Tuesday, March 17, 2026)</title>
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[Federal Register Volume 91, Number 51 (Tuesday, March 17, 2026)]
[Notices]
[Pages 12755-12757]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05206]
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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: 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 March 4, 2026, the U.S. Court of International Trade (CIT)
issued its final judgment in YC Rubber v. United States, CIT Court no.
19-00069, sustaining the U.S. Department of Commerce (Commerce)'s third
remand results pertaining to the administrative review of the
antidumping duty (AD) order on Certain Passenger Vehicle and Light
Truck 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 CIT's final 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 Shandong Linglong Tyre Co., Ltd (Linglong) and entities belonging to
the China-wide entity.
DATES: Applicable March 14, 2026.
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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[[Page 12756]]
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) found
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 CIT 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, ``Respondent Selection,'' dated March 10,
2023.
\4\ See Kenda's Letter, ``Kenda's Response to Section A and
Double Remedy Questionnaire,'' dated April 17, 2023; see also
Kenda's Letter, ``Kenda Section C Questionnaire Response,'' date May
2, 2023; Kenda's Letter, ``Kenda Section D Questionnaire Response,''
dated May 9, 2023.
\5\ See Kenda's Letters, ``Kenda First Supplemental
Questionnaire Response: Questions 2, 3, and 5-12,'' dated June 22,
2023; and ``Kenda First Supplemental Questionnaire Response:
Questions 1, 4, and 13-15,'' dated June 27, 2023.
\6\ See Final Results of Redetermination Pursuant to Court
Remand, 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 at the time of respondent
selection during the first remand proceeding 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 CIT issued a partial judgment sustaining
Commerce's final redetermination with respect to Kenda's dumping margin
calculation.\9\ The CIT remanded for a third time, concluding that
Commerce did not properly consider the additional information of Kenda
Rubber's reported sales volume before determining to select Linglong as
an additional mandatory respondent before Kenda. In addition, the CIT
remanded for reconsideration or further explanation, Commerce's
determination regarding Linglong's separate rate eligibility.
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\8\ See Final Results of Redetermination Pursuant to Court
Remand, YC Rubber Co. (North America) LLC., et al. v. United States,
Consol. Court No. 19-00069, Slip Op. 24-74 (CIT June 18, 2024),
dated October 28, 2024 (Second Remand Results), available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\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); see also 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, 90 FR 11942 (March 13, 2025).
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In its third remand redetermination, issued in August 2025,
pursuant to the remand order, Commerce utilized Kenda's aggregated CBP
import data obtained during the first remand proceeding and determined
that Linglong should not have been selected as a mandatory respondent
prior to Kenda.\10\ Accordingly, Commerce determined that Linglong
should not have been issued a questionnaire and that its failure to
respond to that questionnaire is moot. In addition, we determined that
Linglong is eligible for a separate rate. The CIT sustained Commerce's
final redetermination.\11\
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\10\ See Final Results of Redetermination Pursuant to Court
Remand, YC Rubber Co. (N. Am.) LLC v. United States, Consol. Court
No. 19-00069, Slip Op. 25-64 (CIT May 21, 2025), dated August 18.
2025 (Third Remand Results), available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\11\ See YC Rubber Co. (North America) LLC., et al. v. United
States, Consol. Court NO. 19-00069, Slip Op. 26-24 (CIT March 4,
2026).
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Timken Notice
In its decision in Timken,\12\ as clarified by Diamond
Sawblades,\13\ 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 CIT's March 4,
2026, judgment constitutes a final decision of the CIT 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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\12\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\13\ 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 Linglong and the separate-rate status of Wanda
Boto, Hengyu, Mayrun, and Winrun, Commerce is amending its Final
Results with respect to Linglong and the entities included China-wide
entity as follows:
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\14\ The China-wide entity includes: Mayrun Tyre (Hong Kong)
Limited; Shandong Hengyu Science & Technology Co., Ltd.; Shandong
Wanda Boto Tyre Co., Ltd.; and Winrun Tyre Co., Ltd.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Shandong Linglong Tyre Co., Ltd............................. 41.36
China-Wide Entity \14\...................................... 87.99
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Cash Deposit Requirements
Because Linglong 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 U.S.
[[Page 12757]]
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were produced and exported by Linglong, and
were entered, or withdrawn from warehouse, for consumption during the
period August 1, 2016 through July 31, 2017. These entries will remain
enjoined pursuant to the terms of the injunction during the pendency of
any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and exported by Linglong 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,\15\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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\15\ 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 13, 2026.
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. 2026-05206 Filed 3-16-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 17, 2026.
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