[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15663-15665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05148]


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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; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
exporters of passenger vehicle and light truck tires (passenger tires) 
from the People's Republic of China (China) listed in the ``Final 
Results of Review'' section below, sold subject merchandise at less 
than normal value during the period of review (POR), August 1, 2020, 
through July 31, 2021. Further, we also determine that certain 
companies under review had no shipments to the United States during the 
POR.

DATES: Applicable March 14, 2023.

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 8, 2022, we published the Preliminary Results and 
invited interested parties to comment.\1\ We invited parties to comment 
on the Preliminary Results. For details regarding the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\
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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; Rescission, in Part; and Preliminary 
Determination of No Shipments; 2020-2021, 87 FR 54970 (September 8, 
2022) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ 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; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice 
(IDM).
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Scope of the Order 3
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    \3\ 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

    All issues raised in the case and rebuttal briefs filed by 
interested parties are addressed 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 https://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 certain changes in the calculation of Giti's and 
Sumitomo's \4\ weighted-average dumping margins. These include changes 
to the valuation of certain inputs, correction of certain errors 
alleged by parties in their case and rebuttal briefs, changes related 
to minor corrections raised at on-site verification for Giti, and the 
use of a revised factors of production database for Sumitomo. For a 
discussion of these changes, see the Issues and Decision Memorandum.\5\
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    \4\ Giti refers to a single entity, which includes Giti Tire 
Global Trading Pte. Ltd. (GTT); Giti Radial (Anhui) Tire Company 
Ltd., and Giti Tire Fujian Company Ltd., Giti Tire (Hualin) Company, 
Ltd., Giti Tire Greatwall Company. Ltd., Giti Tire (Anhui) Company, 
Giti Tire (Yinchuan) Company Ltd., and Giti Tire (Chongqing) Company 
Ltd. 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 
Preliminary Results PDM at 2.
    \5\ See IDM at ``Changes Since the Preliminary Results.''
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Final Determination of No Shipments

    In the Preliminary Results, we found that: (1) Hongtyre Group Co.; 
(2) Mayrun Tyre (Hong Kong) Limited; (3) Qingdao Nama Industrial Co., 
Ltd.; (4) Shandong Changfeng Tyres Co., Ltd.; (5) Shandong Duratti 
Rubber Corporation Co., Ltd.; (6) Shandong Linglong Tyre Co., Ltd.; (7) 
Shandong Yongsheng Rubber Group Co., Ltd.; (8) Tyrechamp Group Co., 
Limited (Tyrechamp); (9) Wendeng Sanfeng Tyre Co., Ltd.; and (10) 
Zhaoqing Junhong Co., Ltd. did not have shipments of subject 
merchandise during the POR.\6\ No party commented on this preliminary 
finding for any company except Tyrechamp.
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    \6\ See Preliminary Results, 87 FR at 54970-71 and Preliminary 
Results PDM at ``Preliminary Determination of No Shipments.''
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    As noted above, we preliminarily found that Tyrechamp did not have 
any shipments of subject merchandise during the POR. Although the 
petitioner \7\ argued in its case brief against our preliminary finding 
of no shipments for Tyrechamp, we received no information to contradict 
our preliminary determination, thus, we continue to find that Tyrechamp 
made no shipments of subject merchandise to the United States during 
the POR.\8\ Therefore, for the final results of review, we continue to 
find that these companies did not have any shipments of subject 
merchandise during the POR.
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    \7\ The petitioner is the United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC.
    \8\ See Issues and Decision Memorandum at Comment 18 for a more 
detailed discussion of this issue.
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Separate Rates

    We made no changes to our preliminary separate rate findings. Thus, 
we continue to find that that the evidence provided by the two 
mandatory respondents as well as respondents: (1) Anhui Jichi Tire Co., 
Ltd.; (2) Crown International Corporation; (3) Hankook Tire China Co., 
Ltd.; (4) Jiangsu Hankook Tire Co., Ltd.; (5) Koryo International 
Industrial Limited; (6) Nankang (Zhangjiagang Free Trade Zone) Rubber 
Industrial Co., Ltd.; (7) Qingdao Sentury Tire Co., Ltd; 14 (8) Qingdao 
Sunfulcess Tyre Co., Ltd.; (9) Qingdao Transamerica Tire Industrial 
Co., Ltd.; (10) Shandong Haohua Tire Co., Ltd.; (11) Shandong Hengyu 
Science & Technology Co., Ltd.; (12) Shandong New Continent Tire Co., 
Ltd.; (13) Shandong Province Sanli Tire Manufactured Co., Ltd.; (14) 
Shandong Wanda Boto Tyre Co., Ltd.; and (15) Triangle Tyre Co., Ltd. 
supported finding an absence of both de jure and de facto government 
control, and,

[[Page 15664]]

therefore, we continue to grant a separate rate to these companies.\9\
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    \9\ See Preliminary Results, 87 FR at 54970-71; see also 
Preliminary Results PDM at ``Discussion of the Methodology;'' and 
IDM at ``Separate Rates.''
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Rate for Non-Selected Separate Rate Respondents

    The Tariff Act of 1930, as amended (the Act) 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 5.39 percent dumping margin for mandatory 
respondent Giti and a 0.59 percent dumping margin for mandatory 
respondent Sumitomo. We assigned the separate rate respondents a 
dumping margin equal to the weight average of Giti's and Sumitomo's 
final dumping margins. We weight averaged Giti's and Sumitomo's final 
dumping margins using the public values of their reported sales of 
subject merchandise to the United States during the POR in accordance 
with section 735(c)(5)(A) of the Act.\10\
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    \10\ See Memorandum, ``Calculation of the Cash Deposit Rate for 
Non-Selected Companies,'' dated March 7, 2023.
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Final Results of Review

    We are assigning the following dumping margins to the firms listed 
below for the period August 1, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire                5.39
 (Anhui) Company Ltd.; and Giti Tire (Fujian) Company
 Ltd.; Giti Tire (Hualin) Company Ltd.; Giti Tire
 Greatwall Company, Ltd.; Giti Tire (Anhui) Company,
 ltd.; Giti Tire (Yinchuan) Company, Ltd.; Giti Tire
 (Chongqing) Company, Ltd...............................
Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan)            0.59
 Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.....
Anhui Jichi Tire Co., Ltd...............................            2.19
Crown International Corporation.........................            2.19
Hankook Tire China Co., Ltd.............................            2.19
Jiangsu Hankook Tire Co., Ltd...........................            2.19
Koryo International Industrial Limited..................            2.19
Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial            2.19
 Co., Ltd...............................................
Qingdao Sentury Tire Co., Ltd...........................            2.19
Qingdao Sunfulcess Tyre Co., Ltd........................            2.19
Qingdao Transamerica Tire Industrial Co., Ltd...........            2.19
Shandong Haohua Tire Co., Ltd...........................            2.19
Shandong Hengyu Science & Technology Co., Ltd...........            2.19
Shandong New Continent Tire Co., Ltd....................            2.19
Shandong Province Sanli Tire Manufactured Co., Ltd......            2.19
Triangle Tyre Co., Ltd..................................            2.19
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Disclosure

    Pursuant to 19 CFR 351.224(b), within five days of the publication 
of 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, 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).
    For Giti and Sumitomo, 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). Where an importer-specific ad valorem assessment rate is 
not zero or de minimis, Commerce will instruct CBP to collect the 
appropriate duties at the time of liquidation. Where either the 
respondent's weighted average dumping margin is zero or de minimis, or 
an importer-specific ad valorem assessment rate is zero or de minimis, 
Commerce will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.
    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).\11\
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    \11\ See Order, 80 FR at 47904, n.19 and 47906.
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    For respondents not individually examined in this administrative 
review that qualified for a separate rate, the assessment rate will be 
the rate assigned to them for the final results (i.e., 2.19 percent).
    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

[[Page 15665]]

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

    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.

Administrative Protective Order

    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 administrative protective order 
(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.

Notification to Interested Parties

    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 7, 2023.
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 Giti Failed to Report Certain U.S. Sales
    Comment 2: Whether to Apply Adverse Facts Available (AFA) to 
Giti's Warranty Expenses
    Comment 3: Whether to Apply AFA to Giti's Advertising Expenses
    Comment 4: Whether to Account for Giti's Minor Corrections in 
its Final Calculations
    Comment 5: Whether Commerce Should Adjust Giti's Reported 
Section 301 Duty Reporting for the Final Results
    Comment 6: Whether Commerce Should Correct the Value of Giti's 
Factors Of Production Usage
    Comment 7: Whether Commerce Should Add Giti's Billing Adjustment 
in its Countervailing Duty Offset and U.S. Net Price Calculations
    Comment 8: Whether Commerce Should Correct the Surrogate Value 
Used for Rail Freight
    Comment 9: Whether Commerce Should Apply AFA to Sumitomo
    Comment 10: Whether to Apply the Cohen's d Test
    Comment 11: Whether to Grant Sumitomo a By-Product Offset
    Comment 12: Whether to Grant Sumitomo's Rebate Price Adjustment
    Comment 13: Whether Commerce Should Use Sumitomo's Reported 
Weight-Based Calculations for Freight, Warehousing and Marine 
Insurance Expenses
    Comment 14: Whether Commerce Should Make Changes to the 
Surrogate Values Used for Natural Rubber for the Final Results 
Margin Calculations
    Comment 15: Whether Commerce Should Make Changes to the 
Surrogate Values Used for Ocean Freight for the Final Results Margin 
Calculations
    Comment 16: Whether to Include Distance in the Surrogate Value 
for Ocean Freight
    Comment 17: Whether Commerce Should Use 10-Digit Harmonized 
Schedule Numbers for Surrogate Values
    Comment 18: Whether Tyrechamp Group Co., Limited Had Reviewable 
Entries During the POR
    Comment 19: Whether Kumho Tire Co., Inc. is Entitled to a 
Separate Rate
VIII. Recommendation

[FR Doc. 2023-05148 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P