[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Notices]
[Pages 39063-39065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14024]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-041]


Truck and Bus Tires From the People's Republic of China: Final 
Results of the Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain exporters/producers of truck and bus tires from the People's 
Republic of China (China) received countervailable subsidies during the 
period of review (POR) January 1, 2020, through December 31, 2020. 
Additionally, we are rescinding the review for eight companies with no 
shipments of subject merchandise to the United States during the POR.

DATES: Applicable June 30, 2022.

FOR FURTHER INFORMATION CONTACT: Brontee Jeffries or Theodore Pearson, 
AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4656 or (202) 482-2631, 
respectively.

Background

    Commerce published the Preliminary Results of this administrative 
review on March 8, 2022,\1\ and invited comments from interested 
parties. For a complete description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Truck and Bus Tires from the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review, 
Rescission of Review in Part, and Intent to Rescind in Part; 2020, 
87 FR 12929 (March 8, 2022) (Preliminary Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Truck and Bus Tires from the People's Republic of China,'' 
concurrently with, and hereby adopted by, this notice.

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[[Page 39064]]

Scope of the Order

    The products covered by the Order are truck and bus tires. For a 
complete description of the scope, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of these issues is provided in Appendix I to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and CVD 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on comments received from interested parties, we revised the 
calculation of the net countervailable subsidy rate for Ge Rui Da 
Rubber Co., Ltd. (GRT). We made no changes for Prinx Chengshan 
(Shandong) Tire Co., Ltd. For a discussion of the issues, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we find that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\3\ For a full description of the methodology underlying all 
of Commerce's conclusions, including our reliance, in part, on adverse 
facts available pursuant to sections 776(a) and (b) of the Act, see the 
Issues and Decision Memorandum.
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    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Partial Rescission of Administrative Review

    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.\4\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\5\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the countervailing duty assessment rate calculated for the review 
period.\6\
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    \4\ 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).
    \5\ See 19 CFR 351.212(b)(2).
    \6\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, eight companies subject to this 
review did not have reviewable entries of subject merchandise during 
the POR for which liquidation is suspended.\7\ Further, in response to 
the Preliminary Results, no party submitted information to contradict 
the information on the record. Therefore, because there is no evidence 
on the record of this segment of the proceeding to indicate that these 
companies had entries, exports, or sales of subject merchandise to the 
United States during the POR, we are rescinding the administrative 
review with respect to these companies, consistent with 19 CFR 
351.213(d)(3).
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    \7\ The eight companies are: Chongqing Hankook Tire Co., Ltd.; 
Guangrao Kaichi Trading Co., Ltd.; Qingdao Fullrun Tyre Corp. Ltd.; 
Qingdao Honghuasheng Trade Co., Ltd.; Qingdao Kapsen Trade Co., 
Ltd.; Qingdao Sunfulcess Tyre Co., Ltd.; Shandong Habilead Rubber 
Co., Ltd.; and Shandong Qilun Rubber Co., Ltd.
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Non-Selected Companies' Rate

    We made no changes to the methodology for determining a rate for 
companies not selected for individual examination from the Preliminary 
Results. However, due to changes in calculations for GRT, the non-
selected rate changed for each of the eight non-selected companies for 
which a review was requested and not rescinded, and which were not 
selected as mandatory respondents. For these companies, we are applying 
an ad valorem subsidy rate of 16.85 percent.

Final Results of the Administrative Review

    We find the following net countervailable subsidy rates for the POR 
January 1, 2020, through December 31, 2020:
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    \8\ Cross-owned affiliates are Chengshan Group Co., Ltd.; 
Shanghai Chengzhan Information and Technology Center; Prinx 
Chengshan (Qingdao) Industrial Research & Design Co., Ltd.; and 
Shandong Prinx Chengshan Tire Technology Research Co., Ltd.
    \9\ Cross-owned affiliates are Cooper Tire (China) Investment 
Co. Ltd.; Cooper Tire Asia-Pacific (Shanghai) Trading Co., Ltd.; 
Cooper (Kunshan) Tire Co., Ltd.; and Qingdao Yiyuan Investment Co., 
Ltd.

------------------------------------------------------------------------
                                                  Subsidy rate  (percent
               Producer/exporter                       ad valorem)
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Prinx Chengshan (Shandong) Tire Co., Ltd \8\...                    17.85
Qingdao Ge Rui Da Rubber Co., Ltd \9\..........                    16.76
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   Review-Specific Average Rate Applicable to the Following Companies
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Jiangsu General Science Technology Co., Ltd....                    16.85
Jiangsu Hankook Tire Co., Ltd..................                    16.85
Qingdao Awesome International Trade Co., Ltd...                    16.85
Qingdao Doublestar Tire Industrial Co., Ltd....                    16.85
Shandong Haohua Tire Co., Ltd..................                    16.85
Shandong Huasheng Rubber Co., Ltd..............                    16.85
Shandong Kaixuan Rubber Co., Ltd...............                    16.85
Triangle Tyre Co., Ltd.........................                    16.85
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Disclosure

    We intend to disclose calculations and analysis performed for these 
final results of review within five days after the date of publication 
of this notice in the Federal Register in accordance with 19 CFR 
351.224(b).

[[Page 39065]]

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after 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).
    With respect to the companies for which this administrative review 
is rescinded, countervailing duties shall be assessed at rates equal to 
the cash deposit rate required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period January 1, 2020, through 
December 31, 2020, in accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, we also intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above for the above-listed companies with 
regard to shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of these 
final results of 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.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) 
and 19 CFR 351.221(b)(5).

    Dated: June 24, 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. Rescission of Administrative Review, In Part
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether the Provision of Inputs for Less Than 
Adequate Remuneration (LTAR) Constitutes a Financial Contribution
    Comment 2: Whether the Export Buyer's Credit (EBC) Program Is 
Countervailable
    Comment 3: Whether Commerce Appropriately Found That the 
Provision of Land Use Rights to Qingdao Ge Rui Da Rubber Co., Ltd. 
(GRT) Constitutes a Financial Contribution
    Comment 4: Whether Cooper Tire (China) Investment Co. Ltd. 
(CTIC) Is Creditworthy
    Comment 5: Whether Commerce Should Alter the Benchmark for Ocean 
Freight
    Comment 6: Whether the Benchmark for Electricity Includes Value 
Added Tax (VAT)
    Comment 7: Whether Commerce Should Alter the Benchmarks for 
Synthetic Rubber and Butadiene
    Comment 8: Whether Commerce Should Correct the Calculations of 
the Economic Development for CTIC Program
    Comment 9: Whether Commerce Should Correct Calculations for the 
Provision of Land-Use Rights
X. Recommendation

[FR Doc. 2022-14024 Filed 6-29-22; 8:45 am]
BILLING CODE 3510-DS-P