[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47107-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15530]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-829]


Passenger Vehicle and Light Truck Tires From the Socialist 
Republic of Vietnam: Preliminary Results of Countervailing Duty 
Administrative Review and Partial Rescission of Administrative Review; 
2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the company subject to this countervailing duty 
administrative review of passenger vehicle and light truck tires (PVLT 
tires) from the Socialist Republic of Vietnam (Vietnam) received 
countervailable subsidies during the period of review (POR), November 
10, 2020, through December 31, 2021. Additionally, Commerce is 
rescinding the review with respect to three companies. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable July 21, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.

SUPPLEMENTARY INFORMATION: 

Background

    On July 19, 2021, Commerce published in the Federal Register the 
countervailing duty order on PVLT tires from Vietnam.\1\ On July 1, 
2022, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order for the 
POR.\2\ Between July 29 and August 1, 2022, we received timely requests 
from multiple parties to conduct an administrative review of the 
Order.\3\ On September 6, 2022, we published in the Federal Register a 
notice of initiation for this administrative review.\4\ On March 13, 
2023, Commerce extended the deadline for the preliminary results of 
this review by 117 days to July 28, 2023.\5\
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    \1\ See Passenger Vehicle and Light Truck Tires from the 
Socialist Republic of Vietnam: Countervailing Duty Order, 86 FR 
38013 (July 19, 2021) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 39461 (July 1, 
2022).
    \3\ See Bridgestone's Letter, ``Request for Administrative 
Review,'' dated July 29, 2022; Sailun's Letter, ``Request for 
Administrative Review,'' August 1, 2022; and KTV and KTCI's Letter, 
``Request for Administrative Review,'' dated August 1, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463, 54474 (September 6, 2022).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated March 
13, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
provided in 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the Administrative Review of the 
Countervailing Duty Order on Passenger Vehicle and Light Truck Tires 
from the Socialist Republic of Vietnam; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The scope of the Order covers PVLT tires from Vietnam. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    We are conducting 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 determine 
that there is a subsidy, i.e., a financial contribution by an 
``authority'' that confers a benefit to the recipient, and that the 
subsidy is specific.\7\ For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memorandum.
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    \7\ 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 Preliminary 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. Commerce received withdrawal 
requests with respect to Sailun (Vietnam) Co., Ltd. (Sailun), Kumho 
Tire (Vietnam) Co., Ltd. (KTV), and Kumho Tire Co., Inc. (KTCI).\8\ 
Because the withdrawal requests were timely filed and no other parties 
requested reviews of these companies, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this review of the Order for 
Sailun, KTV, and KTCI.\9\
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    \8\ See Sailun's Letter, ``Sailun Withdrawal of Review 
Request,'' dated September 29, 2022; and KTV/KTCI's Letter, 
``Withdrawal of Request for Administrative Review,'' dated October 
25, 2022.
    \9\ 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); and 
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).
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Preliminary Results of Review

    As a result of this administrative review, we preliminarily find 
that the following net countervailable subsidy rates exist for the 
period November 10, 2020, through December 31, 2021:

[[Page 47108]]



------------------------------------------------------------------------
                                      Subsidy rate--     Subsidy rate--
                                      2020  (percent   2021  (percent ad
              Company                  ad valorem)          valorem)
 
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Bridgestone Tire Manufacturing                  1.26               0.00
 Vietnam, LLC.....................
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Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon 
publication of the final results, to instruct U.S. Customs and Border 
Protection (CBP) to collect cash deposits of estimated countervailing 
duties in the amounts calculated in the final results of this review 
for the company listed above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this administrative review. 
If the rate calculated in the final results for 2021 is zero or de 
minimis, no cash deposit will be required on shipments of the 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 companies, CBP will continue to collect cash deposits 
of estimated countervailing duties at the all-others rate (i.e., 6.46 
percent) \10\ 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.
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    \10\ See Order, 86 FR at 38014.
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Assessment Rates

    Upon issuance of the final results of this administrative review, 
consistent with section 751(a)(1) 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. For Sailun and KTCI, 
Commerce will instruct CBP to assess countervailing duties on all 
appropriate entries at the 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 November 10, 2020, 
through December 31, 2021, in accordance with 19 CFR 351.212(c)(l)(i). 
With respect to KTV, entries produced and/or exported by KTV during the 
period November 10, 2020, through December 31, 2021, are enjoined from 
liquidation; \11\ as a result, we will issue the appropriate 
liquidation instructions for KTV once the statutory injunction is 
lifted.
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    \11\ See KTV Statutory Injunction Instructions dated November 2, 
2022, CBP Message 2306402.
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    For Bridgestone Tire Manufacturing Vietnam, LLC (Bridgestone), the 
only company subject to 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).

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to parties in this proceeding within five days 
after public announcement of the preliminary results in accordance with 
19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed no later than seven days after the 
date for filing case briefs.\12\ Parties who submit case or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) a statement of the issue, (2) a brief summary of the argument, and 
(3) a table of authorities.\13\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\14\
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    \12\ See 19 CFR 351.309(d).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS. An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.\15\ 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. If a request for a hearing is made, we will 
inform parties of the scheduled date and time for the hearing.
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    \15\ See 19 CFR 351.310(c).
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    Unless extended, we intend to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their case briefs, no later than 120 
days after the date of publication of this notice in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4) and 351.221(b)(4).

    Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of the CVD Law to Imports from Vietnam
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2023-15530 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P