[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48435-48437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15855]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-842]


Passenger Vehicle and Light Truck Tires From Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that passenger vehicle and light truck tires (PVLT) from 
Thailand were sold in the United States at less than normal value 
during the period of review (POR) January 6, 2021, through June 30, 
2022. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable July 26, 2023.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, 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) 482-2371 or (202) 482-0981, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 1, 2022, Commerce published in the Federal Register a 
notice of opportunity \1\ to request an administrative review of the 
antidumping duty order on PVLT from Thailand.\2\ On September 6, 2022, 
in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice 
of initiation of an administrative review of the Order.\3\ On March 24, 
2023, in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.213(h)(2), Commerce extended 
the due date for the preliminary results until July 20, 2023.\4\
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    \1\ 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).
    \2\ See Passenger Vehicle and Light Truck Tires from the 
Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and 
Amended Final Affirmative Antidumping Duty Determination for 
Thailand, 86 FR 38011 (July 19, 2021) (Order).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022). See also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 7060 (February 2, 2023).
    \4\ See Memorandum, ``Passenger Vehicle and Light Truck Tires 
from Thailand: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated March 24, 2023.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of the topics included in the Preliminary Decision Memorandum is 
included as Appendix I 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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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Passenger Vehicle and Light Truck Tires from Thailand; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the Order are PVLT from Thailand. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the period January 6, 2021, through June 30, 2022:
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    \6\ See Appendix II for a list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sentury Tire (Thailand) Co., Ltd............................        1.24
Sumitomo Rubber (Thailand) Co., Ltd.........................        6.16
Non-Examined Companies \6\..................................        4.52
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Rate for Companies Not Individually Examined

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be applied to companies 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 a 
less-than-fair-value investigation, for guidance when calculating the 
weighted-average dumping margin for companies which were not selected 
for individual examination in an

[[Page 48436]]

administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually examined, excluding rates that are zero, de 
minimis (i.e., less than 0.50 percent), or determined entirely on the 
basis of facts available.
    Where the dumping margin for individually examined respondents 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 estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.''
    Because Commerce preliminarily calculated weighted-average dumping 
margins for Sentury Tire (Thailand) Co., Ltd. (Sentury) and Sumitomo 
Rubber (Thailand) Co., Ltd. (SRT) that are not zero or de minimis, or 
based entirely on facts available, we have preliminarily assigned the 
companies that were not selecting for individual examination, a 
weighted-average dumping margin equal to the weighted average of the 
estimated weighted-average dumping margins calculated for Sentury and 
SRT, weighted by the mandatory respondents' publicly ranged total sales 
values, consistent with guidance in section 735(c)(5)(A) of the Act.\7\ 
The companies not selected for individual examination are listed in 
Appendix II.
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    \7\ See Memorandum, ``Calculation of the Rate for Non-Examined 
Companies for the Preliminary Results,'' dated concurrently with 
this notice.
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon in determining the final results of 
review.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs to Commerce no 
later than seven days after the date on which the last verification 
report is issued in this administrative review. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the date for filing case briefs.\8\ Parties who 
submit case briefs 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.\9\
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    \8\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 
17007 (March 26, 2020).
    \9\ See 19 CFR 351.309(c)(2) and (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, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of issues the party 
intends to discuss. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined.\10\
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    \10\ See 19 CFR 351.310(c).
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    All submissions should be filed using ACCESS,\11\ and must be 
served on interested parties.\12\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\13\ Parties are 
reminded that all briefs and hearing requests must be filed 
electronically using ACCESS and received successfully in their entirety 
by 5:00 p.m. Eastern Time on the due date.
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    \11\ See 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), 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 administrative 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).
    If Sentury or SRT's weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results of this 
review, Commerce intends to calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales to the total entered 
value of those sales. Where we do not have entered values for all U.S. 
sales to a particular importer, we will calculate an importer-specific, 
per-unit assessment rate on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
quantity of those sales.\14\ To determine whether an importer-specific, 
per-unit assessment rate is de minimis, in accordance with 19 CFR 
351.106(c)(2), we also will calculate an importer-specific ad valorem 
ratio based on estimated entered values. If Sentury or SRT's weighted-
average dumping margin is zero or de minimis or where an importer-
specific ad valorem assessment rate is zero or de minimis, we will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\15\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Sentury 
or SRT for which it did not know that the merchandise was destined for 
the United States, we intend to instruct CBP to liquidate those entries 
at the all-others rate in the original less-than-fair-value 
investigation if there is no rate for the intermediate company(ies) 
involved in the transaction.\16\
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    \16\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
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, as provided for by section 
751(a)(2)(C) of the Act: (1) the

[[Page 48437]]

cash deposit rate for the companies listed above will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except, if that rate is de minimis within the meaning of 
19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (2) for 
producers or exporters not covered in this review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently-completed 
segment of this proceeding in which they were reviewed; (3) if the 
exporter is not a firm covered in this review or a prior segment of the 
proceeding but the producer is, then the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
17.06 percent, the all-others rate established in the less-than-fair-
value investigation.\17\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \17\ See Order, 86 FR at 38012.
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Notification to Importers

    This notice serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 351.221(b)(4).

    Dated: July 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Deestone Corporation Ltd./Deestone Corporation Public Company 
Limited
2. General Rubber (Thailand) Co., Ltd.
3. LLIT (Thailand) Co., Ltd.
4. Maxxis International (Thailand) Co., Ltd.
5. Otani Radial Company Limited
6. Prinx Chengshan Tire (Thailand) Co., Ltd.
7. Sanpo (Thailand) Co., Ltd.
8. Zhongce Rubber (Thailand) Co., Ltd.

[FR Doc. 2023-15855 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P