[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Pages 7682-7684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02235]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-908]


Passenger Vehicle and Light Truck Tires From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 2021-
2022

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


[[Page 7683]]


SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Hankook Tire & Technology Co., Ltd. (Hankook TT), Nexen Tire 
Corporation (Nexen), and Kumho Tire Co., Inc. sold subject merchandise 
in the United States at prices below normal value during the period of 
review (POR) January 6, 2021, through June 30, 2022.

DATES: Applicable February 5, 2024.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Charles DeFilippo, 
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) 482-1396 
and (202) 482-3979, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2023, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Results.
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    \1\ See Passenger Vehicle and Light Truck Tires from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022; 88 FR 51296 (August 3, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
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    On November 21, 2023, we extended the deadline for the final 
results, 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).\2\ The deadline 
for the final results of this review is January 30, 2024.
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    \2\ See Memorandum, ``Extension of Deadline for the Final 
Results of Antidumping Duty Administrative Review,'' dated November 
21, 2023.
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    These final results cover three producers and/or exporters of 
subject merchandise.\3\ Based on an analysis of the comments received, 
we made certain changes to the weighted-average dumping margins 
determined for Hankook TT and Nexen. The weighted-average dumping 
margins are listed in the ``Final Results of Review'' section, below. 
Commerce conducted this review in accordance with section 751(a) of the 
Act.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 87 FR 54463 (September 6, 2022).
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Scope of the Order 4
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    \4\ 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 covered by the Order is passenger vehicle and light 
truck tires.
    For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review: Passenger Vehicle and 
Light Truck Tires from the Republic of Korea; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum, which is hereby adopted with this 
notice. The issues are identified 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.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, we made certain changes to Hankook TT's and Nexen's margin 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate 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 market 
economy investigation, for guidance when calculating the rate 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 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we have calculated a weighted-average dumping 
margin for Hankook TT and Nexen that are not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, 
Commerce has assigned a dumping margin to the non-examined company, 
Kumho Tire Co., Inc., that is equal to the weighted average of the 
dumping margins calculated for Hankook TT and Nexen, weighted by the 
publicly ranged total U.S. sales value for each respondent, consistent 
with the guidance in section 735(c)(5)(A) of the Act.\6\
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    \6\ See Memorandum, ``Rate for Non-Examined Companies,'' dated 
concurrently with this notice.
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Final Results of Review

    We are assigning the following estimated weighted-average dumping 
margins to the firms listed below for the period January 6, 2021, 
through June 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Hankook Tire & Technology Co., Ltd \7\......................        6.30
Nexen Tire Corporation......................................        4.29
Kumho Tire Co., Inc.........................................        5.40
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Disclosure
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    \7\ In the original investigation, Commerce noted that Hankook 
Tire Mfg. Co., Ltd. and Hankook Tire Co., Ltd. are alternative names 
for Hankook Tire & Technology Co. Ltd. See Passenger Vehicle and 
Light Truck Tires from the Republic of Korea: Preliminary 
Affirmative Determination of Sales at Less than Fair Value, 
Postponement of Final Determination and Extension of Provisional 
Measures, 86 FR 501 (January 6, 2021), and accompanying Preliminary 
Decision Memorandum at 2 (n. 9).
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    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment

    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.\8\ 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

[[Page 7684]]

statutory injunction has expired (i.e., within 90 days of publication).
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    \8\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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    Where the respondent reported reliable entered values, we 
calculated importer--(or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\9\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer--(or customer-) specific assessment rates based on 
the resulting per-unit rates.\10\ Where an importer--(or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent), Commerce will instruct CBP to collect the appropriate 
duties at the time of liquidation.\11\ Where an importer--(or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\12\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ Id.
    \11\ Id.
    \12\ See 19 CFR 351.106(c)(2).
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    For the company not selected for individual review, we will assign 
an assessment rate based on the methodology described in the ``Rates 
for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Hankook, Nexen, or the 
non-examined companies for which the producer did not know that its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.\13\
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    \13\ 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 publication date of the final results 
of this administrative review, as provided for by section 751(a)(2)(C) 
of the Act: (1) the cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review or 
the original less-than-fair-value (LTFV) investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 21.74 percent,\14\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \14\ 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).
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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 the 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 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

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(h) and 
351.221(b)(5) of Commerce's regulations.

    Dated: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Hankook's Inventory Carrying Cost Adjustment
    Comment 2: Hankook's Freight Revenue Offset
    Comment 3: Hankook's Affiliated-Party Sales in the Home Market
    Comment 4: Hankook's Beginning Sale Dates in the U.S. Market
    Comment 5: Hankook's U.S. Commissions
    Comment 6: Hankook's Tire & Technology Co., Ltd.'s Name
    Comment 7: Nexen's Beginning Sales Dates in the Home Market and 
U.S. Market
    Comment 8: Nexen's Home Market Physical Characteristics
    Comment 9: Nexen's Levels of Trade
    Comment 10: Nexen's Home Market Logistics Revenue
VI. Recommendation

[FR Doc. 2024-02235 Filed 2-2-24; 8:45 am]
BILLING CODE 3510-DS-P