[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5488-5490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01715]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-842]


Passenger Vehicle and Light Truck Tires From Thailand: Final 
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) determines that 
Sentury Tire (Thailand) Co., Ltd. (Sentury) and Sumitomo Rubber 
(Thailand) Co., Ltd. (SRT) made sales of subject merchandise in the 
United States at prices below normal value (NV) during the period of 
review (POR) January 6, 2021, through June 30, 2022. Commerce further 
determines that sales of subject merchandise made by the non-
individually examined companies were at prices below NV.

DATES: Applicable January 29, 2024.

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 27, 2023, Commerce published the preliminary results of the 
2021-2022 administrative review of the antidumping duty order on 
passenger vehicle and light truck tires (passenger tires) from 
Thailand.\1\ We invited interested parties to comment on the 
Preliminary Results.\2\ On November 8, 2023, Commerce extended the 
deadline for the final results of this administrative review until 
January 23, 2024.\3\
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    \1\ See Passenger Vehicle and Light Truck Tires from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 48435 (July 27, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ Id., 88 FR at 48436.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated November 8, 2023.
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    For a summary of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted 
this review in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act).
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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Administrative Review of the 
Antidumping Duty Order on Passenger Vehicle and Light Truck Tires 
from Thailand,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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    \5\ 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).
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    The merchandise subject to this Order are passenger tires from 
Thailand. A full description of the scope of the Order is contained in 
the Issues and Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed in this administrative review in the Issues and Decision 
Memorandum. A list of the issues addressed in the Issues and Decision 
Memorandum is included in the appendix to this notice. 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 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.

[[Page 5489]]

Changes Since the Preliminary Results

    Based on an analysis of the comments received, we have made no 
changes to the Preliminary Results.

Rates for Non-Examined Respondents

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
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 an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely on the basis of facts available.
    In this review, we calculated weighted-average dumping margins of 
1.24 percent and 6.16 percent for Sentury and SRT, respectively. With 
two respondents under individual examination, Commerce normally 
calculates: (A) a weighted average of the estimated dumping rates 
calculated for the examined respondents; (B) a simple average of the 
estimated dumping rates calculated for the examined respondents; and 
(C) a weighted average of the estimated dumping rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sales values for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rates closest to (A) as the 
most appropriate rate for all other producers and exporters.\6\ As a 
result of this comparison, we assigned a dumping margin of 4.52 percent 
to the non-examined companies.\7\
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    \6\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661 (September 1, 2020).
    \7\ See Memorandum, ``Calculation of the Rate for Non-Examined 
Companies for the Preliminary Results,'' dated July 30, 2023.
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Final Results of Review

    We determine the following weighted-average dumping margins for the 
period January 6, 2021, through June 30, 2022.

------------------------------------------------------------------------
                                                         Weight-average
                   Exporter/producer                     dumping margin
                                                            (percent)
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Sentury Tire (Thailand) Co., Ltd......................              1.24
Sumitomo Rubber (Thailand) Co., Ltd...................              6.16
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   Review-Specific Average Rate Applicable to the Following Companies
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Deestone Corporation Ltd./Deestone Corporation Public               4.52
 Company Limited......................................
General Rubber (Thailand) Co., Ltd....................              4.52
LLIT (Thailand) Co., Ltd..............................              4.52
Maxxis International (Thailand) Co., Ltd..............              4.52
Otani Radial Company Limited..........................              4.52
Prinx Chengshan Tire (Thailand) Co., Ltd..............              4.52
Sanpo (Thailand) Co., Ltd.............................              4.52
Zhongce Rubber (Thailand) Co., Ltd....................              4.52
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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Disclosure

    Because we made no changes to the calculations performed in 
connection with the Preliminary Results, there are no new calculations 
to disclose, in accordance with 19 CFR 351.224(b), for these final 
results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, 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. As Sentury's and SRT's weighted-average dumping margins 
are not zero or de minimis (i.e., less than 0.50 percent), for these 
final results, Commerce has calculated 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.\9\ 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. Where either Sentury's and 
SRT's weighted-average dumping margin is zero or de minimis, or 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.\10\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ See 19 CFR 352.106(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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    For entries of subject merchandise during the POR produced by 
either Sentury or SRT for which it did not know that the merchandise it 
sold to the intermediary (e.g., reseller, trading company, or exporter) 
was destined for the United States, we will instruct CBP to liquidate 
such entries at the all-others rate (i.e., 17.06 percent) \11\ if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\12\
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    \11\ See Order, 86 FR at 38012.
    \12\ 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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[[Page 5490]]

    For the companies that were not selected for individual review, we 
will assign an assessment rate based on the review-specific average 
rate, calculated as noted in the ``Rate for Non-Examined Respondents'' 
section above.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results 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 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 by section 
751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed 
companies will be equal to the weighted-average dumping margin 
established in the final results of this review; (2) for producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the most recently completed 
segment; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, then the cash deposit rate will be 
the rate established in the most recently completed segment for the 
producer of the merchandise; (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 LTFV investigation in this 
proceeding.\13\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ See Order.
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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 duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy 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. Discussion of the Issues
    Comment 1: The Cohen's d Test
    Comment 2: Whether To Rely on SRT Data To Calculate Sentury's 
Constructed Value (CV) Profit and Indirect Selling Expenses (ISE)
    Comment 3: Whether To Revise Sentury Tire USA Inc.'s (Sentury 
USA) Inventory Carrying Costs (ICC) Calculation
    Comment 4: Whether USWAREH1U Expense Is Included in the 
Calculation of Adjusted U.S. Prices for SRT
    Comment 5: Whether To Grant SRT a Constructed Export Price (CEP) 
Offset
V. Recommendation

[FR Doc. 2024-01715 Filed 1-26-24; 8:45 am]
BILLING CODE 3510-DS-P