[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36831-36834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13157]


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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: Preliminary Results of Antidumping Duty 
Administrative Review; Preliminary Determination of No Shipments; and 
Rescission, in Part; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain producers and exporters of passenger vehicle and light 
truck tires (passenger tires) from the People's Republic of China 
(China) made sales of subject merchandise at prices below normal value 
(NV) during the period of review (POR) August 1, 2018 through July 31, 
2019.

DATES: Applicable June 18, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Dunne or Toni Page, 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) 482-2328 or (202) 482-1398, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 10, 2015, Commerce issued an antidumping duty (AD) order 
on passenger tires from China.\1\ Several interested parties requested 
that Commerce conduct an administrative review of the AD Order. On 
October 7, 2019, Commerce published in the Federal Register a notice of 
initiation of an administrative review of the AD Order for 28 companies 
producers/exporters for the POR.\2\ On April 24, 2020, Commerce tolled 
all deadlines in administrative reviews by 50 days, thereby extending 
the deadline for these results until June 22, 2020.\3\
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    \1\ 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) (AD Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019).
    \3\ 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.

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[[Page 36832]]

Scope of the AD Order

    The products covered by the order are certain passenger vehicle and 
light truck tires from China. A full description of the scope of the 
order is contained in the Preliminary Decision Memorandum.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China, Preliminary Determination of No Shipments; and Rescission, 
in part; 2018-2019,'' issued concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum. The Preliminary Decision Memorandum is a public document 
and is made available to the public 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 at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.

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 party or parties 
that requested a review withdraws the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
(1) Shandong Wanda Boto Tyre Co., Ltd.; (2) Cooper (Kunshan) Tire Co., 
Ltd.; (3) Shandong Guofeng Ruber Plastics Co., Ltd; (4) Hankook Tire 
China Co., Ltd; (5) Jiangsu Hankook Tire Co., Ltd.; (6) Haohua Orient 
International Trade Ltd.; (7) Qingdao Lakesea Tyre Co., Ltd.; (8) 
Riversun Industry Limited; (9) Windforce Tyre Co., Limited; (10) 
Qingdao Keter International Co.; (11) Shangdong Hengyu Science & 
Technology Co., Ltd.; (12) Shangdong New Continent Tire Co., Ltd.; (13) 
Pirelli Tyre Co., Ltd.; (14) Triangle Tyre Co., Ltd.; (15) Safe & Well 
(HK) International Trading Limited; and (16) Zhaoqing Junhong Co. Ltd. 
withdrew their respective requests for an administrative review within 
90 days of the publication date of the notice of initiation.
    No other parties requested an administrative review of the AD Order 
with respect to the aforementioned companies. Therefore, in accordance 
with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the AD 
Order on passenger tires from China with respect to the 16 companies 
listed above.

Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection (CBP) 
information, Commerce preliminarily determines that one company under 
review, Shandong Duratti Rubber Corporation Co., Ltd., had no shipments 
during the POR. Qingdao Fullrun Tyre Corp., Ltd. and Shandong Anchi 
Tyres Co., Ltd. each filed no-shipment certifications; however, our 
analysis of CBP information contradicts these claims. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
    Consistent with an announced refinement to its assessment practice 
in NME cases, Commerce is not rescinding this review, in part, but 
intends to complete the review with respect to the companies for which 
it has preliminarily found no shipments and issue appropriate 
instructions to CBP based on the final results of the review.\5\
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    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); and 
the ``Assessment Rates'' section, below.
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China-Wide Entity

    Under Commerce's current policy regarding the conditional review of 
the China-wide entity, the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity.\6\ Because no party requested a review of the 
China-wide entity in this review, the entity is not under review and 
the entity's rate is not subject to change (i.e., 76.46 percent).\7\
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    \6\ 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).
    \7\ See AD Order, 80 FR at 47904, n.19.
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Separate Rates

    Commerce finds that: (1) Qingdao Odyking Tyre Co., Ltd. (Qingdao 
Odyking); (2) Shandong Longyue Rubber Co., Ltd. DBA ZODO Tire Co., Ltd. 
(Shandong Longyue); (3) Shandong Anchi Tyres Co., Ltd.; and (4) Qingdao 
Fullrun Tyre Corp., Ltd. have not established their eligibility for a 
separate rate and are considered to be part of the China-wide entity 
for these preliminary results.
    The statute and Commerce's regulations do not address what rate to 
apply to respondents who are 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 respondents 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. Section 735(c)(5)(B) of the Act provides 
that where all rates are zero, de minimis, or based entirely on facts 
available, Commerce may use ``any reasonable method'' for assigning a 
rate to non-examined respondents.
    However, for these preliminary results, we have not calculated any 
individual rates or assigned a rate based on facts available. 
Therefore, consistent with our recent practice,\8\ we preliminarily 
assigned to the non-individually examined companies that demonstrated 
their eligibility for a separate rate the most recently assigned 
separate rate in this proceeding (i.e., 0.00 percent).\9\
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    \8\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016, 81 FR 62717 (September 12, 
2016), and accompanying Preliminary Decision Memorandum at 10-11, 
unchanged in Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 11431 (February 23, 2017).
    \9\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2018 through 
July 31, 2019:

[[Page 36833]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Qingdao Fullrun Tyre Tech Corp., Ltd........................        0.00
Qingdao Powerich Tyre Co., Ltd..............................        0.00
Qingdao Sentury Tire Co., Ltd...............................        0.00
Shandong Linglong Tyre Co., Ltd.............................        0.00
Shandong Province Sanli Tire Manufactured Co., Ltd..........        0.00
Shandong Yongsheng Rubber Group Co., Ltd....................        0.00
Shouguang Firemax Tyre Co., Ltd.............................        0.00
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Disclosure and Public Comment

    Normally, Commerce will disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of the notice of preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, here, Commerce 
preliminary applied a separate rate \10\ and the China-wide rate \11\ 
that were established in prior segments of the proceeding. Thus, there 
are no calculations on this record to disclose.
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    \10\ Id.
    \11\ See AD Order.
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    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\12\ Rebuttal briefs may be filed no later than seven days after 
case briefs are due, and may respond only to arguments raised in the 
case briefs.\13\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\14\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2), (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, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\15\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing.\16\
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\17\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time on the due date. Note 
that Commerce has modified certain of its requirements for serving 
documents containing business proprietary information until July 17, 
2020, unless extended.\18\
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    \17\ See generally 19 CFR 351.303.
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\19\ For the final results, if we 
continue to treat the following companies as part of China-wide entity, 
we will instruct CBP to apply an ad valorem assessment rate of 76.46 
percent to all entries of subject merchandise during the POR that were 
exported by Qingdao Odyking and Shandong Longyue. For the companies 
receiving a separate rate, we intend to assign an assessment rate of 
0.00 percent, consistent with the methodology described above. 
Additionally, if Commerce determines that an exporter under review had 
no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's CBP case number will be liquidated at the 
rate for the China-wide entity. Commerce intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \19\ See 19 CFR 351.212(b)(1).
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    For the companies for which this review is rescinded, antidumping 
duties will be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i). 
Commerce intends to issue appropriate assessment instructions with 
respect to the companies for which this review is rescinded to CBP 15 
days after the publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review 
(except that, if the rate is de minimis (i.e., less than 0.5 percent), 
then the cash deposit rate will be zero for that exporter); (2) for 
previously investigated or reviewed Chinese and non-Chinese exporters 
not listed above that have separate rates, the cash deposit rate will 
continue to be equal to the exporter-specific weighted-average dumping 
margin published of 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 which are not eligible for a separate rate, the cash 
deposit rate will be the rate applicable to Chinese exporter(s) that 
supplied that non-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate

[[Page 36834]]

regarding the reimbursement of antidumping duties 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 duties and/or 
countervailing duties has 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.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 
and 351.221(b)(4).

    Dated: June 11, 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. Scope of the AD Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2020-13157 Filed 6-17-20; 8:45 am]
BILLING CODE 3510-DS-P