[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38073-38075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09870]



[[Page 38073]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review and Rescission of Review, Part; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that countervailable subsidies were provided to producers and exporters 
of certain passenger vehicles and light truck tires (PVLT) from the 
People's Republic of China (China) during the period of review (POR), 
January 1, 2022, through December 31, 2022. In addition, Commerce is 
rescinding this review, in part, with respect to 18 companies. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable May 7, 2024.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1395.

Background

    On August 10, 2015, Commerce published in the Federal Register the 
countervailing duty (CVD) order on PVLTs from China.\1\ On August 2, 
2023, Commerce published in the Federal Register the notice of 
initiation of an administrative review of the Order.\2\ On January 31, 
2024, Commerce selected Jiangsu General Science Technology Co., Ltd. 
(General Science) and Winrun Tyre Co., Ltd. (Winrun) for individual 
examination as the mandatory respondents in this review. On February 2 
and February 22, 2024, Commerce received letters of intent to not 
participate in the review by General Science \3\ and Winrun,\4\ 
respectively. We received no response from the Government of China to 
the Initial Questionnaire.\5\ Because no other company subject to the 
review had reviewable entries or all review requests were rescinded for 
the remaining companies, Commerce did not select additional mandatory 
respondents.
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    \1\ 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023).
    \3\ See General Science's Letter, ``Intent Not to Respond as a 
Mandatory Respondent,'' dated February 2, 2024.
    \4\ See Winrun's Letter, ``Notice of Intent to Not 
Participate,'' dated February 22, 2024.
    \5\ See Commerce's Letter, ``Initial Questionnaire,'' dated 
December 22, 2023 (Initial Questionnaire).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\6\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix I to this notice. 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 http://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.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022 Countervailing Duty Administrative Review and 
Recission, in Part: Certain Passenger Vehicle and Light Truck Tires 
from the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is PVLTs from China. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\7\
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    \7\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found to be countervailable, 
Commerce preliminarily determines that there is a subsidy (i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific).\8\ For a full 
description of the methodology underlying our conclusions, including 
our reliance on adverse facts available (AFA) pursuant to section 
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely-filed 
withdrawal requests with respect to 16 companies, pursuant to 19 CFR 
351.213(d)(1).\9\ Because the withdrawal requests were timely filed, 
and no other parties requested a review of these companies, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to these 16 companies; see Appendix 
II.
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    \9\ See Preliminary Decision Memorandum at ``Partial Rescission 
of Administrative Review.''
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    Based on our analysis of U.S. Customs and Border Protection (CBP) 
data, we determine that the following two companies had no entries of 
subject merchandise during the POR: Shandong Qilun Rubber Co., Ltd. and 
Shandong Transtone Tyre Co., Ltd. On March 29, 2024, we notified 
interested parties of our intent to rescind the review for Shandong 
Qilun Rubber Co., Ltd. and Shandong Transtone Tyre Co., Ltd.\10\ No 
parties commented on our intent to rescind.\11\ Pursuant to 19 CFR 
351.213(d)(3), we are rescinding the administrative review of these two 
companies. For additional information regarding this determination, see 
the Preliminary Decision Memorandum.
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    \10\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated March 29, 2024.
    \11\ Id.
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Preliminary Results of Review

    Commerce preliminarily determines that the following net 
countervailable subsidy rates exist for the period January 1, 2022, 
through December 31, 2022:

------------------------------------------------------------------------
                                                                Subsidy
                                                                 rate
                           Company                             (percent
                                                                  ad
                                                               valorem)
------------------------------------------------------------------------
Winrun Tyre Co., Ltd........................................    * 125.50
Jiangsu General Science Technology Co., Ltd.................    * 125.50
------------------------------------------------------------------------
* Rate is based on facts available with adverse inferences.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends upon publication of the final results, to instruct CBP to 
collect cash

[[Page 38074]]

deposits of the estimated countervailing duties in the amounts 
calculated in the final results of this review for the respective 
companies listed above with regard to shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. If the rate 
calculated in the final results is zero or de minimis, no cash deposit 
will be required on shipments of the subject merchandise entered or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review.
    For all non-reviewed firms, CBP will continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.221(b)(4)(i), we preliminarily determined subsidy rates in the 
amounts shown above for the producers/exporters shown above. Upon 
completion of the administrative review, consistent with section 
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review.
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i). For the companies remaining in the review, we intend 
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).

Disclosure and Public Comment

    Normally, Commerce discloses its calculations and analysis 
performed in connection with the preliminary results to interested 
parties within five days of its public announcement, or if there is no 
public announcement, within five days of the date of publication of 
this notice, in accordance with 19 CFR 351.224(b). However, because 
Commerce preliminarily applied total AFA in the calculation of the 
benefit for Winrun and General Science, and the AFA rates are based on 
rates calculated in prior segments of the proceeding, there are no 
calculations to disclose.
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of these preliminary results of review.\12\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\13\ Interested parties who 
submit case or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\14\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \14\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide a public 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\15\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\16\ 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. 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 
briefs. An electronically-filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Final Rule.
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Final Results of Review

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: April 30, 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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Recission of Administrative Review, In Part
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Recommendation

Appendix II

List of Companies Which Timely Withdrew Requests for Review

1. Anhui Jichi Tire Co., Ltd.
2. Anhui Prime Cord Fabrics Company Ltd.; (3) GITI Radial Tire 
(Anhui) Company Ltd., GITI Steel Cord (Hubei) Company Ltd.; GITI 
Tire (China) Investment Company Ltd., GITI Tire (Hualin) Company 
Ltd.; GITI Tire (USA) Ltd.; GITI Tire Global Trading Pte. Ltd.; GITI 
Tire (Fujian) Co., Ltd.Linyi Bomei Furniture Co., Ltd.
3. Qingdao Fullrun Tyre Corp., Ltd.
4. Qingdao Keter International Co., Limited.
5. Qingdao Lakesea Tyre Co., Ltd.
6. Qingdao Sentury Tire Co., Ltd.
7. Qingdao Sunfulcess Tyre Co., Ltd.
8. Sailun Group Co., Ltd.
9. Sailun Group (Hong Kong) Co., Ltd.
10. Shandong Haohua Tire Co., Ltd.

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11. Shandong Hongsheng Rubber Technology Co., Ltd.
12. Shandong New Continent Tire Co., Ltd.
13. Shandong Province Sanli Tire Manufacture Co., Ltd.
14. Sumitomo Rubber (Changshu) Co. Ltd.; Sumitomo Rubber (China) 
Co., Ltd.; Sumitomo Rubber (Hunan) Co., Ltd.
15. Sumitomo Rubber Industries, Ltd.
16. Zhaoqing Junhong Co., Ltd.

[FR Doc. 2024-09870 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-DS-P