[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61506-61509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19208]


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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: Preliminary Results of Antidumping Duty 
Administrative Review, Partial Rescission, and Preliminary 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain exporters of passenger vehicle and light truck tires 
(passenger tires) from the People's Republic of China (China) made 
sales of subject merchandise at prices below normal value (NV) during 
the period of review (POR) August 1, 2021, through July 31, 2022. 
Commerce also preliminarily finds that eight companies had no shipments 
of subject merchandise during the POR, and that it is appropriate to 
rescind this review with respect to six companies because all requests 
for review of these companies were withdrawn. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable September 7, 2023.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Caroline 
Carroll, AD/CVD Operations, Office IX, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280 
or (202) 482-4948, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 11, 2022, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated this 
administrative review of the antidumping duty order on passenger tires 
from China.\1\ This review covers 43 exporters of the subject 
merchandise. In April 2023, we extended the preliminary results of this 
review to no later than August 31, 2023.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022); see also 
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).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review,'' 
dated April 24, 2023.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\3\ 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. A list of topics 
discussed in the Preliminary Decision Memorandum is included in 
Appendix I.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China and Preliminary Determination of No Shipments; 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 passenger tires from China. A 
full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.\4\
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    \4\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''

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[[Page 61507]]

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review in the 
Federal Register. In November and December 2022, all parties withdrew 
their requests for review by the 90-day withdrawal deadline for the 
following companies: \5\ (1) Qingdao Fullrun Tyre Corp. Ltd. (Fullrun); 
(2) Qingdao Lakesea Tyre Co., Ltd. (Lakesea); (3) Roadclaw Tyre (Hong 
Kong) Limited (Roadclaw); (4) Shouguang Firemax Tyre Co., Ltd. 
(Firemax); (5) Winrun Tyre Co., Ltd. (Winrun); and (6) Zhaoqing Junhong 
Co., Ltd. (Junhong). Because all parties withdrew their requests for a 
review of these exporters, consistent with 19 CFR 351.213(d)(1), 
Commerce is rescinding this review, in part, with respect to these 
companies.
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    \5\ See Roadclaw's and Winrun's Letter, ``Withdrawal of Request 
for Administrative Review,'' dated November 15, 2022; Petitioner's 
Letter, ``Withdrawal of One Request for Administrative Review,'' 
dated November 23, 2022; and Fullrun's, Junhong's, and Lakesea's 
Letter, ``Withdrawal of Request for Administrative Review,'' dated 
December 3, 2022.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.213. We calculated constructed export prices in accordance with 
section 772(b) of the Act. Because China is a non-market economy (NME) 
country, within the meaning of section 771(18) of the Act, we 
calculated NV in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    In October and November 2022, eight companies timely filed 
certifications that they had no exports, shipments, sales, or entries 
of subject merchandise to the United States during the POR.\6\ Based on 
their certifications and our analysis of U.S. Customs and Border 
Protection (CBP) information, we preliminarily determine that the 
following companies had no shipments of subject merchandise during the 
POR: Changfeng, CIC, Nama, Shandong Duratti, Shandong Yongsheng, and 
Transtone.
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    \6\ See Qingdao Nama Industrial Co., Ltd.'s (Nama's) Letter, 
``Submission of Statement of No Shipments,'' dated October 26, 2022; 
Crown International Corporation's (CIC's) Letter, ``Submission of 
Statement of No Shipments,'' dated October 26, 2022; Triangle Tyre 
Co., Ltd.'s (Triangle Tyre's) Letter, ``No Shipment Certification,'' 
dated November 4, 2022; Prinx Chengshan (Shandong) Tire Company 
Ltd.'s (PCT's) Letter, ``Notice of No Sales,'' dated November 8, 
2022; Shandong Yongsheng Rubber Group Co., Ltd's (Shandong 
Yongsheng's) Letter, ``Notice of No Sales,'' dated November 8, 2022; 
Shandong Changfeng Tyres Co., Ltd.'s (Changfeng's) Letter, ``No 
Sales Certification,'' dated November 10, 2022; Shandong Duratti 
Rubber Corporation Co. Ltd.'s (Shandong Duratti's) Letter, ``No 
Sales Certification,'' dated November 10, 2022; and Shandong 
Transtone Tyre Co., Ltd.'s (Transtone's) Letter, ``No Sales 
Certification,'' dated November 10, 2022.
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    In addition, CBP information on the record indicated that PCT and 
Triangle Tyre had entries during the POR.\7\ Therefore, on November 23, 
2022, and August 3, 2023, respectively, we issued supplemental 
questionnaires regarding PCT's and Triangle Tyre's POR entries.\8\ On 
December 22, 2022, and August 14, 2023, respectively PCT and Triangle 
Tyre submitted timely responses.\9\ Based on this information, Commerce 
preliminarily determines that PCT and Triangle Tyre had no entries 
during the POR.
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    \7\ See Memorandum, ``No Shipment Inquiry for Triangle Tyre Co., 
Ltd during the period 08/01/2021 through 07/31/2022,'' dated July 
31, 2023, and Memorandum, ``No Shipment Inquiry for Prinx Chengshan 
(Shandong) Tire Co., Ltd. during the period 08/01/2021 through 07/
31/2022,'' dated July 18, 2023.
    \8\ See Commerce's Letter, ``Prinx Chengshan (Shandong) Tire 
Company Ltd. No Shipment Certification Supplemental Questionnaire,'' 
dated November 23, 2022; see Commerce's Letter, ``Triangle Tyre Co. 
Ltd.'s No Shipment Certification Supplemental Questionnaire,'' dated 
August 3, 2023.
    \9\ See PCT's Letter, ``Submission of No Shipment Certification 
Supplemental Questionnaire,'' dated December 22, 2022; and Triangle 
Tyre's Letter, ``Response to Supplemental Questionnaire Regarding 
Triangle Tyre's No Shipment Certification for the Administrative 
Review,'' dated August 14, 2023.
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    Consistent with Commerce's practice in NME cases, we are not 
preliminarily rescinding this administrative review with respect to the 
companies for which we preliminarily found had no shipments. Instead, 
we intend to complete the review and issue appropriate instructions to 
CBP based on the final results of this review.\10\
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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also the ``Assessment Rates'' section, below.
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Separate Rates

    As discussed in the Preliminary Decision Memorandum, Commerce 
preliminarily finds that Zhongce Rubber Group Co., Ltd. (Zhongce) has 
not established its eligibility for a separate rate. Moreover, Commerce 
preliminarily finds that 14 other companies under review did not 
establish their eligibility for a separate rate because they failed to 
provide either a separate rate application, a separate rate 
certification, or a no-shipment certification (if they were already 
eligible for a separate rate). As such, we preliminarily determine that 
Zhongce and these 14 other companies are part of the China-wide entity. 
See Appendix III for a complete list of these 15 companies.
    Commerce preliminarily determines that the following companies have 
demonstrated their eligibility for a separate rate in this review: \11\ 
(1) Anhui Jichi Tire Co., Ltd.; (2) Giti; \12\ (3) Hankook Tire China 
Co., Ltd.; (4) Jiangsu Hankook Tire Co., Ltd.; (5) Qingdao Keter 
International Co., Limited; (6) Koryo International Industrial Limited; 
(7) Mayrun Tyre (Hong Kong) Limited; (8) Qingdao Sentury Tire Co., Ltd 
and Sentury (Hong Kong) Trading Co., Limited; (9) Qingdao Sunfulcess 
Tyre Co., Ltd.; (10) Shandong Haohua Tire Co., Ltd.; (11) Shandong 
Linglong Tyre Co., Ltd.; (12) Shandong New Continent Tire Co., Ltd.; 
(13) Shandong Province Sanli Tire Manufactured Co., Ltd.; and (14) 
Sumitomo.\13\
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    \11\ See Preliminary Decision Memorandum at ``Separate Rates.''
    \12\ The Giti companies are: Giti Tire Global Trading Pte. Ltd.; 
Giti Radial Tire (Anhui) Company Ltd.; 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. (collectively, Giti).
    \13\ The Sumitomo companies are: Sumitomo Rubber Industries 
Ltd.; Sumitomo Rubber (Hunan) Co., Ltd.; and Sumitomo Rubber 
(Changshu) Co., Ltd. (collectively, Sumitomo).
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    The statute and Commerce's regulations do not identify the dumping 
margin 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 
determining the dumping margin for respondents that are not 
individually examined 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 dumping margins that are zero, de 
minimis, or based entirely on facts available. For these preliminary 
results, we preliminarily calculated a weighted-average dumping margin 
for the separate rate respondents using the calculated rates of the 
mandatory respondents, Giti and Sumitomo, which

[[Page 61508]]

are not zero or de minimis, or determined entirely on the basis of 
facts available. See Appendix II for the list of these companies.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\14\ Because no party 
requested a review of the China-wide entity, the China-wide entity is 
not under review. Therefore, the rate previously established for the 
China-wide entity (i.e., 76.46 percent) remains the China-wide entity 
rate this review.\15\
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    \14\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \15\ See Order, 80 FR at 47906.
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Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist 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              104.21
 (Anhui) Company Ltd.; 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 Rubber Industries Ltd.; Sumitomo Rubber (Hunan)           68.48
 Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.....
Separate Rate Companies \16\............................           85.66
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Disclosure and Public Comment
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    \16\ See Appendix II for the list of these companies.
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    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b). Interested parties may submit case 
briefs or other written comments within 30 days after the date of 
publication of these preliminary results of review.\17\ 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.\18\ 
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. Case and rebuttal briefs should be filed using ACCESS.\19\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\20\
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    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \19\ See 19 CFR 351.303 (for general filing requirements).
    \20\ 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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    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 within 30 days after the date of publication of this notice.\21\ 
Hearing 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. 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, parties will be notified of the time and date 
for the hearing.\22\
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    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310(d).
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Final Results

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of all issues raised in 
any written briefs, not later than 120 days after the publication of 
these preliminary results in the Federal Register, unless otherwise 
extended.\23\
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    \23\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon issuing the final results, Commerce shall determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\24\
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    \24\ See 19 CFR 351.212(b)(1).
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    For Giti and Sumitomo, Commerce calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of those sales. Where either a respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.\25\
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    \25\ Id.
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    For respondents not individually examined in this administrative 
review that qualified for a separate rate, the assessment rate will be 
equal to the weighted-average dumping margin calculated using the rates 
assigned to Giti and Sumitomo in the final results of this review.\26\
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    \26\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
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    Pursuant to Commerce's assessment practice,\27\ for entries that 
were not reported in the U.S. data submitted by Giti and Sumitomo, we 
will instruct to CBP to liquidate such entries at the China-wide rate. 
Additionally, where Commerce determines that an exporter under review 
had no shipments of subject merchandise to the United States during the 
POR, any suspended entries of subject merchandise that entered under 
that exporter's CBP case number during the POR will be liquidated at 
the dumping margin assigned to the China-wide entity.
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    \27\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    We intend to liquidate entries containing subject merchandise 
exported by the companies under review that we determine in the final 
results to be part of the China-wide entity at the China-wide 
assessment rate of 76.46 percent.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on

[[Page 61509]]

entries of merchandise covered by the final results of this review and 
for future deposits of estimated antidumping duties, where applicable.
    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for the companies 
listed above that have a separate rate, the cash deposit rate will be 
that rate established in the final results of this review (except, if 
the rate is zero or de minimis, then a cash deposit rate of zero will 
be established for that company); (2) for previously investigated or 
reviewed exporters not listed in the final results of review that have 
separate rates, the cash deposit rate will continue to be the 
exporter's weighted-average dumping margin published of the most 
recently-completed segment of this proceeding; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate for 
China-wide entity (i.e., 76.46 percent); \28\ and (4) for all exporters 
of subject merchandise which are not located in China and are not 
eligible for a separate rate, the cash deposit rate will be the rate 
applicable to Chinese exporter(s) that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.
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    \28\ See Order, 80 FR at 47906.
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

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

    Dated: August 30, 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

Separate Rate Companies

1. Anhui Jichi Tire Co., Ltd.
2. Hankook Tire China Co., Ltd.
3. Jiangsu Hankook Tire Co., Ltd.
4. Koryo International Industrial Limited
5. Mayrun Tyre (Hong Kong) Limited
6. Qingdao Keter International Co., Limited
7. Qingdao Sentury Tire Co., Ltd.; Sentury (Hong Kong) Trading Co., 
Limited
8. Qingdao Sunfulcess Tyre Co., Ltd.
9. Shandong Haohua Tire Co., Ltd.
10. Shandong Linglong Tyre Co., Ltd.
11. Shandong New Continent Tire Co., Ltd.
12. Shandong Province Sanli Tire Manufactured Co., Ltd.

Appendix III

Companies Preliminary Found To Be Part of the China-Wide Entity

1. Aeolus Tyre Corp., Ltd.
2. Double Coin Tire Ltd.
3. Hongtyre Group Co.
4. Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial Co., 
Ltd.
5. Qingdao Crowntyre Industries Co., Ltd.
6. Shandong Habilead Rubber Co., Ltd.
7. Shangdong Hengfeng Rubber & Plastic Co., Ltd.
8. Shangdong Hengyu Science & Technology Co., Ltd.
9. Shangdong Longyue Rubber Co., Ltd. (aka ZODO Tire Co., Ltd.)
10. Shangdong Yongfeng Tyres Co., Ltd.
11. Shanghai Tire & Rubber (Group) Ltd.
12. Tianjin Wanda Tyre Group Company, Ltd.
13. Tyrechamp Group Co., Limited
14. Wendeng Sanfeng Tyre Co., Ltd.
15. Zhongce Rubber Group Co., Ltd.

[FR Doc. 2023-19208 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P