[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13966-13968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05209]


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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: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers or exporters of passenger vehicle and light truck tires 
(passenger tires) from the People's Republic of China (China) subject 
to this review made sales of subject merchandise at less than normal 
value during the period of review (POR), August 1, 2019, through July 
31, 2020, or did not ship subject merchandise to the United States 
during the POR.

DATES: Applicable March 11, 2022.

FOR FURTHER INFORMATION CONTACT: Toni Page or Peter Shaw, 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) 482-1938 or (202) 482-0697, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2021, we published the Preliminary Results and 
invited interested parties to comment.\1\ The administrative review 
covers seven companies for which an administrative was initiated and 
not rescinded.\2\ For

[[Page 13967]]

details regarding the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\3\ We conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; and Preliminary Determination of No 
Shipments; 2019-2020, 86 FR 50029 (September 7, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ On October 6, 2020, we published a notice of initiation 
listing 28 companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 85 FR 63081 (October 6, 
2020). On January 27, 2021, we rescinded the administrative review 
regarding 21 companies. See Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Rescission, in Part, of 
Antidumping Duty Administrative Review; 2019-2020, 86 FR 7258 
(January 27, 2021).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China and Final Determination of No Shipments; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(IDM).
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Scope of the Order 4
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    \4\ 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 this Order are certain passenger vehicle 
and light truck tires from China. For a full description of the scope 
of the Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed by interested parties in the Issues and Decision Memorandum. A 
list of the issues discussed in the Issues and Decision Memorandum is 
attached to this notice as an appendix. 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 http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties and for the reasons explained in the Issues and Decision 
Memorandum, we made changes to the valuation of certain inputs and 
corrected certain ministerial errors in the calculation of mandatory 
respondent Sumitomo's \5\ weighted-average dumping margin. For a 
discussion of these changes, see the Issues and Decision Memorandum.\6\
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    \5\ Sumitomo refers to a single entity, which includes Sumitomo 
Rubber (Hunan) Co., Ltd.; Sumitomo Rubber (Changshu) Co., Ltd.; and 
Sumitomo Rubber Industries Co., Ltd. (collectively, Sumitomo). See 
the Issues and Decision Memorandum at the section titled 
``Affiliation and Single Entity.''
    \6\ See IDM at the section titled ``Changes Since the 
Preliminary Results.''
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Final Determination of No Shipments

    In the Preliminary Results, we found that Qingdao Fullrun Tyre Tech 
Corp., Ltd. (Qingdao Fullrun Tyre Tech) did not have shipments of 
subject merchandise during the POR.\7\ No party commented on this 
preliminary finding. Therefore, for the final results of review, we 
continue to find that Qingdao Fullrun Tyre Tech did not have any 
shipments of subject merchandise during the POR.\8\
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    \7\ See Preliminary Results, 86 FR 50029, and accompanying PDM 
at the section titled ``Preliminary Determination of No Shipments.''
    \8\ See IDM at the section titled ``Final Determination of No 
Shipments.''
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Separate Rates

    In the Preliminary Results, we found that the evidence provided by 
two respondents, Zhaoqing Junhong Co., Ltd. and Qingdao Nexen Tire 
Corporation supported finding an absence of both de jure and de facto 
government control, and, therefore, we preliminarily granted a separate 
rate to these companies.\9\ No parties commented on this preliminary 
finding. Therefore, we continue to grant a separate rate to these 
companies.\10\
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    \9\ See Preliminary Results, 86 FR at 50030; see also 
Preliminary Results PDM at the section titled ``Discussion of the 
Methodology.''
    \10\ See IDM at the section titled ``Final Determination of No 
Shipments.''
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    In the Preliminary Results, we also found that the evidence 
provided by two respondents, Shandong Qilun Rubber Co., Ltd. (Shandong 
Qilun) and Qingdao Landwinner Tyre Co., Ltd (Landwinner) supported 
finding an absence of both de jure and de facto government control, 
and, therefore, we preliminarily granted a separate rate to these 
companies.\11\ Since the issuance of the Preliminary Results, we 
received comments from the petitioner regarding Shandong Qilun and 
Landwinner's separate rate eligibility.\12\ For the final results of 
review, we continue to find that Shandong Qilun and Landwinner are 
eligible to receive a separate rate in this review. For further 
discussion, see Issues and Decision Memorandum.\13\
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    \11\ See Preliminary Results, 86 FR 50029; see also Preliminary 
Results PDM at the section titled ``Discussion of the Methodology.''
    \12\ See Issues and Decision Memorandum at the section titled 
``Separate Rates.''
    \13\ Id.
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Rate for Non-Examined Separate Rate Respondents

    The statute and Commerce's regulations do not address what rate to 
apply to respondents 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. When the rates for individually examined companies are all 
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 all-others rate.
    We calculated a 2.06 percent dumping margin for the mandatory 
respondent, Sumitomo. We assigned the separate rate respondents a 
dumping margin equal to the dumping margin of Sumitomo, consistent with 
the guidance in section 735(c)(5)(A) of the Act.

Final Results of Review

    We are assigning the following dumping margins to the firms listed 
below for the period August 1, 2019, through July 1, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan)            2.06
 Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.........
Qingdao Landwinner Tyre Co., Ltd............................        2.06
Qingdao Nexen Tire Corporation..............................        2.06
Shandong Qilun Rubber Co., Ltd..............................        2.06
Zhaoqing Junhong Co., Ltd...................................        2.06
------------------------------------------------------------------------

Disclosure

    Pursuant to 19 CFR 351.224(b), within five days of the publication 
this Federal Register notice, we will disclose to the parties to this 
proceeding the calculations that we performed for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess,

[[Page 13968]]

antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this 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).
    Where the respondent's weighted-average dumping margin is zero or 
de minimis, or where an importer- (or customer-) specific ad valorem or 
per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\14\ 
For entries that were not reported in the U.S. sales database submitted 
by an exporter individually examined during this review, but that 
entered under the case number of that exporter (i.e., at the 
individually-examined exporter's cash deposit rate), Commerce will 
instruct CBP to liquidate such entries at the China-wide rate (i.e., 
76.46 percent).\15\
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    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \15\ See Order, 80 FR at 47904 n.19 and 47906.
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    For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.5 percent), we will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of antidumping duties calculated for each 
importer's examined sales and the total entered value of the sales, in 
accordance with 19 CFR 351.212(b)(1).
    For respondents not individually examined in this administrative 
review that qualified for a separate rate, the assessment rate will be 
the dumping margin assigned to the mandatory respondent in the final 
results of this review.
    For the respondents not eligible for a separate rate and that are 
part of the China-wide entity, we intend to instruct CBP to apply an ad 
valorem assessment rate of 76.46 percent (i.e., the China-wide entity 
rate) to all entries of subject merchandise during the POR that were 
exported by these companies.
    Additionally, if Commerce determined that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under the exporter's case number will be liquidated at the 
China-wide rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date for the 
final results of review, as provided for by section 751 (a)(2)(C) of 
the Act: (1) For the exporters listed in the table above, the cash 
deposit rate will be the rate established in the final results of 
review that is listed for the exporter in the table; (2) for previously 
investigated or reviewed China and non-China exporters not listed in 
the table above that have separate rates, the cash deposit rate will 
continue to be the existing exporter-specific rate published for the 
most recent period; (3) for all China exporters of subject merchandise 
that have not been found to be entitled to a separate rate, the cash 
deposit rate will be the rate previously established for the China-wide 
entity, which is 76.46 percent; and (4) for all non-China exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the China exporter that 
supplied that non-China exporter. The cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    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 or countervailing duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, 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 which is subject to 
sanction.
    We are issuing these final results of administrative review and 
publishing this notice in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.213(h) and 351.221(b)(5).

    Dated: March 4, 2022.
Lisa W. Wang,
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. Final Determination of No Shipments
V. Separate Rates
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
    Comment 1: Whether Russia Should be the Primary Surrogate 
Country
    Comment 2: Whether to Correct the Calculation of Surrogate Value 
of ``Carbon Black 7''
    Comment 3: Whether to Value Certain Inputs Using Market Economy 
Purchases
    Comment 4: Whether to Grant Adjustments Reported in REBATE6U
    Comment 5: Whether to Rely on Quantities Shipped to Tollers 
Rather Than Quantities Consumed as Facts Available
    Comment 6: Whether to Grant a Separate Rate to Qingdao 
Landwinner Tyre Co., Ltd.
    Comment 7: Whether to Grant a Separate Rate to Shandong Qilun 
Rubber Co., Ltd.
    Comment 8: Whether to Apply the Cohen's d Test
VIII. Recommendation

[FR Doc. 2022-05209 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P