[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26130-26132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07902]


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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: Amended 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) is amending the 
final results of the administrative review of the antidumping duty 
order on passenger vehicle and light truck tires from the People's 
Republic of China (China) to correct a ministerial error. The period of 
review (POR) is August 1, 2021, through July 31, 2022.

DATES: Applicable April 15, 2024.

FOR FURTHER INFORMATION CONTACT: 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) 482-4948.

SUPPLEMENTARY INFORMATION: 

Background

    On March 12, 2024, Commerce published the Final Results in the 
Federal Register.\1\ Also on March 12, 2024, we received a timely 
submitted ministerial error allegation from Giti.\2\ On March 13, 2024, 
we received rebuttal comments from the petitioner.\3\ We are amending 
the Final Results to correct the ministerial error Giti alleged.
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    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2021-
2022, 89 FR 17817 (March 12, 2024) (Final Results), and accompanying 
Issues and Decision Memorandum (IDM).
    \2\ See Giti's Letter, ``Ministerial Errors Comment,'' dated 
March 12, 2024 (Ministerial Error Comments). Giti consists of the 
following companies: 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).
    \3\ The petitioner is the United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC. See Petitioner's Letter, 
``Request to Reject Giti's Untimely New Argument,'' dated March 13, 
2024.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' \4\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any . . . ministerial 
error by amending the final results of review . . .''
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    \4\ See 19 CFR 351.224(f).
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Ministerial Error

    In the Final Results, we continued to rely on a boat freight 
surrogate value using data from Maersk stated on a U.S. dollar per-
kilogram basis.\5\ In its Ministerial Error Comments, Giti alleged that 
Commerce intended to value the boat freight surrogate value on a per-
kilogram, per-kilometer basis, noting that, in the calculation of boat 
freight, Commerce multiplied the input quantity in kilograms by both 
the boat freight surrogate value and a distance in kilometers.\6\
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    \5\ See Final Results IDM at Comment 10.
    \6\ See Ministerial Error Comments at 3.
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    We agree with Giti that we made a ministerial error in the Final 
Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and 
have amended our calculations to correct the calculation of boat 
freight to remove the distance in kilometers.
    Pursuant to 19 CFR 351.224(e), we are amending the Final Results to 
correct this ministerial error in the calculation of the weighted-
average dumping margin for Giti, which changes from 53.41 percent to 
20.52 percent. Furthermore, based on the revised weighted-average 
dumping margin calculated for Giti, we are also amending the rate for 
the companies not selected for individual examination in this review, 
which changes from 27.94 percent to 11.50 percent.\7\
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    \7\ See Memorandum, ``Calculation of the Amended Final Cash 
Deposit Rate for Non-Selected Companies,'' dated concurrently with 
this notice.
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    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\8\ The Ministerial Error Memorandum is a public document 
and is on file electronically via ACCESS. ACCESS is available to 
registered users at https://access.trade.gov.
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    \8\ See Memorandum, ``Analysis of Ministerial Error 
Allegation,'' dated concurrently with, and hereby adopted by, this 
notice (Ministerial Error Memorandum); see also Memorandum, 
``Calculations for Giti for the Amended Final Results,'' dated 
concurrently with this notice.
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Amended Final Results of Review

    As a result of correcting the ministerial error described above, we 
determine the following estimated weighted-average dumping margins for 
the period August 1, 2021, through July 31, 2022:

[[Page 26131]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
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Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire               20.52
 (Anhui) Company Ltd.; Giti Tire (Fujian) Company Ltd.;
 Giti Tire (Hualin) Company Ltd.; Giti Tire Greatwall
 Company, Ltd.; Giti Tire (Anhui) Company, ltd.; Giti
 Tire (Yinchuan) Company, Ltd.; and Giti Tire
 (Chongqing) Company, Ltd...............................
Companies Not Selected for Individual Review \9\........           11.50
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Disclosure

    We intend to disclose the calculations performed in connection with 
these amended final results of review to parties in this review within 
five days of the date of publication of this notice in the Federal 
Register, in accordance with 19 CFR 351.224(b).
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    \9\ See the appendix for the list of these companies.
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Assessment Rates

    Pursuant to section 751(a)(2)(C) 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 amended 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 amended 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).
    For Giti and Sumitomo, we calculated importer-specific assessment 
rates on the basis of the ratio of the total amount of antidumping 
duties calculated for each importer's examined sales and the total 
entered value of the sales, in accordance with 19 CFR 
351.212(b)(1).\10\ Where either a respondent's weighted-average dumping 
margin is zero or de minimis, within the meaning of 19 CFR 
351.106(c)(1) of the Act, or an importer-specific rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.
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    \10\ Sumitomo's dumping margin did not change in these amended 
final results.
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    Pursuant to Commerce's assessment practice,\11\ for entries that 
were not reported in the U.S. data submitted by Giti, we will instruct 
to CBP to liquidate such entries at the China-wide rate (i.e., 76.46 
percent).\12\
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    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
    \12\ See 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, 47906 (August 10, 2015) 
(Order).
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    For the respondents not selected for individual examination in this 
administrative review that qualified for a separate rate, the 
assessment rate will be equal to the simple average of the margin 
calculated for Giti in these amended final results and Sumitomo in the 
Final Results.

Cash Deposit Requirements

    The following amended cash deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after March 12, 2024, the publication 
date of the Final Results, as provided by section 751(a)(2)(C) of the 
Act: (1) the amended cash deposit rate for Giti and the other exporters 
not individually examined in this administrative review that have a 
separate rate, the cash deposit rate will be the rate established in 
the amended final results of 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 table above that have separate rates, the cash deposit 
rate will continue to be the existing exporter-specific rate published 
for 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 
the China-wide entity (i.e., 76.46 percent); and (4) for all exporters 
of subject merchandise which are not located in China and have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter(s) that supplied that non-China 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

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 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.

Administrative Protective Order

    This notice serves as the final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these amended final results of review 
in accordance with sections 751(h) and 777(i) of the Act, and 19 CFR 
351.224(e).

    Dated: March 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

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

[[Page 26132]]

Manufactured Co., Ltd.

[FR Doc. 2024-07902 Filed 4-12-24; 8:45 am]
BILLING CODE 3510-DS-P