[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82437-82439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27950]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission in Part, and Intent to Rescind in
Part; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers/exporters of passenger vehicle and light truck
tires (passenger tires) from the People's Republic of China (China)
received countervailable subsidies during the period of review (POR)
January 1, 2018 through December 31, 2018. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable December 18, 2020.
FOR FURTHER INFORMATION CONTACT: Jason Willoughby, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5509.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, Commerce published a notice of initiation of an
administrative review of the countervailing duty order on passenger
tires from China.\1\ On April 24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days.\2\ On June 18, 2020, Commerce
extended the deadline for the preliminary results of this review by 117
days.\3\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by an additional 60 days.\4\ Accordingly, the
deadline for the preliminary results of this review was postponed to
December 15, 2020.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019). (Initiation
Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in
Response to Operational Adjustments Due to COVID-19,'' dated
April 24, 2020.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' June 18, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,''
dated July 21, 2020.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix to this notice. The Preliminary 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 http://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China; and Rescission, in Part, 2018,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order \6\
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\6\ 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 the Order are certain passenger vehicle and
light truck tires from China. For a complete description of the scope,
see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. We received timely withdrawals
of the requests for review, for which no other parties requested a
review, for the following companies: Cooper (Kunshan) Tire Co., Ltd.;
Haohua Orient International Trade Ltd.; Qingdao Keter International
Co., Limited; Qingdao Lakesea Tyre Co., Ltd.; Qingdao Odyking Tyre Co.,
Ltd.; Qingdao Sentury Tire Co. Ltd.; Riversun Industry Limited; Safe &
Well (HK) International Trading Limited; Shandong Guofeng Rubber
Plastics Co., Ltd.; Shandong Hengyu Science & Technology Co., Ltd.;
Shandong Linglong Tyre Co., Ltd.; Shandong New Continent Tire Co.,
Ltd.; Shandong Wanda Boto Tyre Co., Ltd.; Shandong Yongsheng Rubber
Group Co., Ltd.; Shouguang Firemax Tyre Co., Ltd.; Windforce Tyre Co.,
Limited; and Zhaoqing Junhong Co., Ltd.\7\ Therefore, in accordance
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the
Order with respect to these companies.
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\7\ See Haohua Orient International Trade Ltd., Qingdao Lakesea
Tyre Co., Ltd., Riversun Industry Limited, Safe & Well (HK)
International Trading Limited, and Windforce Tyre Co., Limited's
Letter, ``Passenger Vehicle and Light Truck Tires from the People's
Republic of China Withdrawal of Request for Review,'' dated October
9, 2019; Shandong Guofeng Rubber Plastics Co., Ltd.'s Letter,
``Passenger Vehicle and Light Truck Tires from People's Republic of
China: Withdrawal of Request for Administrative Review,'' dated
November 1, 2019; ITG Voma Corporation's Letter, ``Passenger Vehicle
and Light Truck Tires from People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated November 1, 2019;
Shandong New Continent Tire Co., Ltd., Qingdao Sentury Tire Co.
Ltd., and Shandong Linglong Tyre Co., Ltd.'s Letter, ``New
Continent, Sentury, & Linglong Withdrawal of Review Request in POR 4
of the Countervailing Duty Order on Passenger Vehicle and Light
Truck Tires (``PVLT'') From the People's Republic of China (C-570-
017),'' dated November 8, 2019; Zhaoqing Junhong Co., Ltd.'s Letter,
``Passenger Vehicle and Light Truck Tires from the People's Republic
of China--Withdrawal of Request for Review,'' dated December 6,
2019; Cooper Tire & Rubber Company and its wholly-owned subsidiary,
Cooper (Kunshan) Tire Co., Ltd.'s Letter, ``Passenger Vehicle And
Light Truck Tires from the People's Republic of China: Withdrawal Of
Request For 2018 Administrative Review Of CKT,'' dated December 23,
2019; Qindao Keter International Co., Limited, Qingdao Odyking Tyre
Co., Ltd., Shandong Hengyu Science & Technology Co., Ltd., Shandong
Yong Sheng Rubber Group Co., Ltd., and Shouguang Firemax Tyre Co.,
Ltd.'s Letter, ``Certain Passenger Vehicle and Light Truck Tires
from the People's Republic of China--Withdrawal of Request for
Administrative Review,'' dated January 2, 2020; and Shandong Wanda
Boto Tyre Co., Ltd.'s Letter ``Passenger Vehicle and Light Truck
Tires from People's Republic of China: Withdrawal of Request for
Administrative Review,'' dated January 6, 2020.
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Intent to Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\8\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\9\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated countervailing duty
[[Page 82438]]
assessment rate calculated for the review period.\10\
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\8\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\9\ See 19 CFR 351.212(b)(2).
\10\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, three of the six companies
subject to this review, which were not chosen as mandatory respondents
and which did not withdraw their review requests, did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended. Accordingly, in the absence of reviewable,
suspended entries of subject merchandise during the POR by these three
companies, we intend to rescind this administrative review, with
respect to these three companies, in accordance with 19 CFR
351.213(d)(3).\11\
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\11\ These three companies are: Hankook Tire China Co., Ltd.;
Qingdao Fullrun Tyre Tech Corp., Ltd.; and Qingdao Powerich Tyre
Co., Ltd. Note that Qingdao Fullrun Tyre Tech Corp., Ltd. was
incorrectly identified as Qingdao Fullrun Tech Tyre Corp., Ltd. in
the Initiation Notice.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). In reaching these preliminary results, Commerce relied on facts
otherwise available, with the application of adverse inferences.\12\
For further information, see ``Use of Facts Otherwise Available and
Application of Adverse Inferences'' in the accompanying Preliminary
Decision Memorandum.
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\12\ See section 776 of the Act.
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Preliminary Rate for Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination in administrative reviews, Commerce's practice is to weight
average the net subsidy rates for the selected mandatory companies,
excluding rates that are zero, de minimis, or based entirely on facts
available. In this review, we preliminarily calculated rates based
entirely on facts available for each of the mandatory respondents
during the POR. In countervailing duty administrative reviews, where
the number of respondents being individually examined has been limited,
Commerce has determined that a ``reasonable method'' to determine the
rate applicable to companies that were not individually examined when
all the rates of selected mandatory respondents are zero, de minimis,
or based entirely on adverse facts available is to assign to the non-
selected respondents the average of the most recently determined rates
that are not zero, de minimis, or based entirely on facts
available.\13\ However, if a non-selected respondent has its own
calculated rate that is contemporaneous with or more recent than such
previous rates, Commerce has found it appropriate to apply that
calculated rate to the non-selected respondent, even when that rate is
zero or de minimis.\14\
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\13\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes
from Turkey: Final Results of Countervailing Duty Administrative
Review; Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140 (August 27, 2014); see
also Cut-to-Length Carbon-Quality Steel Plate from the Republic of
Korea: Final Results of Countervailing Duty Administrative Review;
2012, 79 FR 46770 (August 11, 2014), and accompanying Issues and
Decision Memorandum at ``Non-Selected Rate.''
\14\ Id.
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With regard to the three remaining non-selected companies, which
have no prior individual rates from prior segments, we are assigning
the rate of 20.05 percent ad valorem, which is the average of the
above-de minimis rates calculated in the last review.
Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rates for the period January 1, 2018 through December 31, 2018:
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Subsidy rate
Producers/exporters (percent ad
valorem)
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Shandong Duratti Rubber Corporation Co. Ltd............. 116.50
Shandong Longyue Rubber Co. Ltd......................... 116.50
Shandong Anchi Tyres Co., Ltd........................... 116.50
Triangle Tyre Co. Ltd................................... 116.50
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Review-Specific Average Rate Applicable to the Following Companies:
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Jiangsu Hankook Tire Co., Ltd........................... 20.05
Qingdao Fullrun Tyre Corp., Ltd......................... 20.05
Shandong Province Sanli Tire Manufactured Co., Ltd...... 20.05
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review. For the companies for
which this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2018 through December 31, 2018, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of the respective
companies listed above with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review. For all non-
reviewed firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Public Comment
Interested parties may submit written comments (case briefs) on the
preliminary results no later than 30 days from the date of publication
of this Federal Register notice, and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case briefs.
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to
issues raised in the case briefs. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\15\ All briefs must be filed electronically using ACCESS.
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\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. Hearing requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.
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An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\16\
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\16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1), unless this deadline is extended.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Intent to Rescind Administrative Review, In Part
V. Rate for Non-Selected Companies Under Review
VI. Scope of the Order
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Conclusion
[FR Doc. 2020-27950 Filed 12-17-20; 8:45 am]
BILLING CODE 3510-DS-P