[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Notices]
[Pages 33317-33319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09092]


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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: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2018-2019

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain passenger vehicle and light truck tires (passenger tires) were 
made as less than normal value during the period of review (POR) August 
1, 2018, through July 31, 2019.

DATES: Applicable April 29, 2024.

FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1402 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1398.

SUPPLEMENTARY INFORMATION:

Background

    On June 18, 2020, Commerce published the preliminary results of the 
2018-2019 administrative review of the antidumping duty order on 
passenger tires from the People's Republic of China (China).\1\ On June 
3, 2021, Commerce deferred the deadline for the final results to 
consider whether to request a voluntary remand from the U.S. Court of 
International Trade of the 2017-2018 administrative review to evaluate 
the information provided by U.S. Customs and Border Protection (CBP) 
regarding Shandong New Continent Tire Co., Ltd. (Shandong New 
Continent) (the mandatory respondent in the 2017-2018 administrative 
review whose rate of zero percent was preliminarily assigned to the 
separate rate respondents in the instant administrative review), 
further examine whether Shandong New Continent accurately reported its 
2017-2018 POR sales information, and potentially reopen the record to 
solicit additional information.\2\ On February 20, 2024, Commerce 
notified interested parties of its intent to issue the final results of 
the 2018-2019 administrative review by no later than April 22, 2024.\3\ 
For a summary of the events subsequent to the Preliminary Results, see 
the Issues and Decision Memorandum.\4\
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    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Rescission, in Part: 2018-2019, 85 FR 
36831 (June 18, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Deferral of the Final Results of 
Antidumping Duty Administrative Review; 2018-2019,'' dated June 3, 
2021.
    \3\ See Memorandum, ``Notification of Resumption of the Final 
Results of Antidumping Duty Administrative Review; 2018-2019,'' 
dated February 20, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China; 2018-2019,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by this order are certain passenger vehicles 
and light truck tires. A full description of the scope of the order is 
provided in the Issues and Decision Memorandum.

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. These 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 analysis of the comments received, we determine that 
Qingdao Fullrun Tyre Corp., Ltd. (Fullrun Tyre) had no shipments during 
the POR. For further details, see the Issues and Decision Memorandum.

Final Determination of No Shipments

    Based on an analysis of CBP information, Commerce determines that 
the following companies had no shipments during the POR: (1) Shandong 
Duratti Rubber Corporation

[[Page 33318]]

Co., Ltd.; and (2) Qingdao Fullrun Tyre Corp., Ltd.
    Shandong Anchi Tyres Co., Ltd. (Anchi) filed a no-shipment 
certification; however, our preliminary analysis of CBP information 
contradicted this claim. After further review, we determine for these 
final results that Anchi had shipments during the POR. For additional 
information regarding this determination, see the Issues and Decision 
Memorandum.

Separate Rates

    In the Preliminary Results, we found that the following companies 
did not establish their eligibility for a separate rate: (1) Qingdao 
Odyking Tyre Co., Ltd. (Qingdao Odyking); (2) Shandong Longyue Rubber 
Co., Ltd. DBA ZODO Tire Co., Ltd. (Shandong Longyue); (3) Anchi; and 
(4) Fullrun Tyre.\5\ As such, we preliminarily found that these 
companies were part of the China-wide entity. No interested party filed 
comments with respect to Qingdao Odyking's and Shandong Longyue's 
preliminary separate rate findings; therefore, for the final results, 
we continue to find that these two companies are part of the China-wide 
entity. Interested parties did file comments with respect to Anchi and 
Fullrun Tyre. We have examined these comments and continue to find that 
Anchi is part of the China-wide entity; however, as noted above, we 
have found that Fullrun Tyre had no shipments during the instant 
POR.\6\
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    \5\ See Preliminary Results, 85 FR 36831, 36832.
    \6\ See Issues and Decision Memorandum at Comment 6.
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    We also continue to find that the evidence provided by the 
following respondents supports finding an absence of both de jure and 
de facto government control, and, therefore, we continue to grant a 
separate rate to each of these companies: (1) Qingdao Fullrun Tyre Tech 
Corp., Ltd.; (2) Qingdao Powerich Tyre Co., Ltd.; (3) Qingdao Sentury 
Tire Co., Ltd.; (4) Shandong Linglong Tyre Co., Ltd.; (5) Shandong 
Province Sanli Tire Manufactured Co., Ltd.; (6) Shandong Yongsheng 
Rubber Group Co., Ltd.; and (7) Shouguang Firemax Tyre Co., Ltd.

Rate for Non-Selected Separate Rate Respondents

    The Tariff Act of 1930, as amended (the Act), and Commerce's 
regulations do not address what rate 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 calculating the rate for non-selected 
respondents that are not examined individually 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 rates that are zero, 
de minimis, or based entirely on facts available. When the rates for 
individually examined companies 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 all-
others rate.
    However, here, because both mandatory respondents were found to be 
part of the China-wide entity, there are no estimated weighted-average 
dumping margins calculated for exporters or producers individually 
examined in this review. Therefore, consistent with our practice,\7\ we 
have assigned to the non-individually examined companies that 
demonstrated their eligibility for a separate rate the most recently 
assigned separate rate in this proceeding (i.e., 0.00 percent).\8\
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    \7\ See, e.g., Multilayered Wood Flooring from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review, Final Successor-in-Interest Determination, and Final 
Determination of No Shipments; 2018-2019, 86 FR 59987 (October 29, 
2021), and accompanying IDM at Comment 1; and Drawn Stainless Steel 
Sinks from the People's Republic of China: Preliminary Results of 
the Antidumping Duty Administrative Review; 2019-2020, 86 FR 7363 
(January 28, 2021), and accompanying PDM, unchanged in Drawn 
Stainless Steel Sinks from the People's Republic of China: Final 
Results of the Antidumping Duty Administrative Review; 2019-2020, 86 
FR 18511 (April 9, 2021).
    \8\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
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China-Wide Entity

    Under Commerce's current policy regarding the conditional review of 
the China-wide entity, the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity.\9\ Because no party requested a review of the 
China-wide entity in this review, the entity is not under review and 
the entity's rate is not subject to change (i.e., 76.46 percent).\10\
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    \9\ 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).
    \10\ 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, 47904, n.19 (August 10, 
2015).
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period of August 1, 2018, through July 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Qingdao Fullrun Tyre Tech Corp., Ltd........................        0.00
Qingdao Powerich Tyre Co., Ltd..............................        0.00
Qingdao Sentury Tire Co., Ltd...............................        0.00
Shandong Linglong Tyre Co., Ltd.............................        0.00
Shandong Province Sanli Tire Manufactured Co., Ltd..........        0.00
Shandong Yongsheng Rubber Group Co., Ltd....................        0.00
Shouguang Firemax Tyre Co., Ltd.............................        0.00
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Disclosure

    Normally, Commerce will disclose the calculations used in our 
analysis to parties in this review within five days of the date of 
publication of the notice of final results in the Federal Register, in 
accordance with 19 CFR 351.224(b). However, here, Commerce is applying 
a separate rate \11\ and the China-wide rate \12\ that were established 
in prior segments of the proceeding. Thus, there are no calculations on 
this record to disclose.
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    \11\ See Certain Passenger Vehicle and Light Truck Tires from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020).
    \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 (August 10, 2015).
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce will determine, and 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 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 the final results, we will instruct CBP to apply an ad valorem 
assessment

[[Page 33319]]

rate of 76.46 percent to all entries of subject merchandise during the 
POR that were exported by Qingdao Odyking and Shandong Longyue.
    For the companies receiving a separate rate, we intend to assign an 
assessment rate of 0.00 percent, consistent with the methodology 
described above. Additionally, if Commerce determines that an exporter 
under review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's CBP case number will be 
liquidated at the rate for the China-wide entity.

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 for the three separate 
rate respondents that do not have a superseding cash deposit rate: \13\ 
(1) for the exporters listed above, the cash deposit rate will be equal 
to the weighted-average dumping margin established in the final results 
of this review (except that, if the rate is de minimis (i.e., less than 
0.5 percent), then the cash deposit rate will be zero for that 
exporter); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that have separate rates, the cash 
deposit rate will continue to be equal to the exporter-specific 
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 the China-
wide entity, i.e., 76.46 percent; and (4) for all exporters of subject 
merchandise which are not located in China and which 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 
cash deposit requirements shall remain in effect until further notice.
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    \13\ These three companies are: Qingdao Fullrun Tyre Tech Corp., 
Ltd.; Qingdao Powerich Tyre Co., Ltd.; and Shandong Yongsheng Rubber 
Group Co., Ltd.
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    Because Qingdao Sentury Tire Co., Ltd., Shandong Linglong Tyre Co., 
Ltd., Shandong Province Sanli Tire Manufactured Co., Ltd., and 
Shouguang Firemax Tyre Co., Ltd. have a superseding cash deposit rate, 
i.e. there have been final results published in a subsequent 
administrative review, we will not issue revised cash deposit 
instructions to CBP for these companies. Thus, this notice will not 
affect the current cash deposit rate for these companies.

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 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 
countervailing 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 which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act and 19 CFR 351.221(b)(5).

    Dated: April 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Changes from the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Modify the Rate for Separate Rate 
Respondents
    Comment 2: Whether to Deny a Separate Rate to Shandong Linglong 
Tyre Co., Ltd. (Linglong)
    Comment 3: Whether to Deny a Separate Rate to Qingdao Powerich 
Tyre Co., Ltd. (Qingdao Powerich)
    Comment 4: Whether to Deny a Separate Rate to Shandong Yongsheng 
Rubber Group Co., Ltd. (Shandong Yongsheng)
    Comment 5: Whether to Deny a Separate Rate to Qingdao Fullrun 
Tyre Tech Corp., Ltd. (Fullrun Tyre Tech)
    Comment 6: Whether Anchi Tyres Co., Ltd. (Anchi) and Qingdao 
Fullrun Tyre Corp., Ltd. (Fullrun Tyre) Have No Shipments and/or 
Qualify for a Separate Rate
VI. Recommendation

[FR Doc. 2024-09092 Filed 4-26-24; 8:45 am]
BILLING CODE 3510-DS-P