[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43806-43809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11026]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-848]


Truck and Bus Tires From Thailand: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, and Postponement of Final 
Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that truck and bus tires from Thailand are being, or are 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation (POI) is October 1, 2022, through September 
30, 2023. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable May 20, 2024.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Jonathan Schueler, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537 
or (202) 482-9175, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on November 
14, 2023.\1\ On December 4, 2023, we selected Bridgestone Corporation 
(Bridgestone) and Prinx Chengshan Tire (Thailand) Co., Ltd. (Prinx) as 
mandatory respondents in this investigation.\2\ On February 8, 2024, 
Commerce postponed the preliminary determination of this investigation 
until May 14, 2024.\3\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\4\ A list of topics included

[[Page 43807]]

in the Preliminary Decision Memorandum is included as Appendix II 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 https://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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    \1\ See Truck and Bus Tires from Thailand: Initiation of Less-
Than-Fair-Value Investigation, 88 FR 77960 (November 14, 2023) 
(Initiation Notice).
    \2\ See Memorandum, ``Respondent Selection,'' dated December 4, 
2023.
    \3\ See Truck and Bus Tires from Thailand: Postponement of 
Preliminary Determination in the Less-Than-Fair-Value Investigation, 
89 FR 8649 (February 8, 2024).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Truck and 
Bus Tires from Thailand,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are truck and bus tires 
from Thailand. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\7\ 
Commerce is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice. See the scope in Appendix I to this 
notice.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
    \7\ See Memorandum, ``Scope Comments Decision Memorandum for the 
Preliminary Determination,'' dated concurrently with this notice 
(Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
For a full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances do not exist 
for Prinx, Bridgestone, and all other exporters and producers of the 
subject merchandise. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be 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 under 
section 776 of the Act.
    In this investigation, Commerce preliminarily calculated a zero 
rate for Prinx. Therefore, the only rate that is not zero, de minimis 
or based entirely on facts otherwise available is the rate calculated 
for Bridgestone. Consequently, the preliminary rate calculated for 
Bridgestone is also the preliminary rate assigned to all other 
producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Bridgestone Corporation.................................            2.35
Prinx Chengshan Tire (Thailand) Co., Ltd................            0.00
All Others..............................................            2.35
------------------------------------------------------------------------

    Consistent with section 733(b)(3) of the Act, Commerce disregards 
de minimis rates and preliminarily determines that individually 
examined respondents with de minimis rates have not made sales of 
subject merchandise at LTFV.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise except as explained below; and (3) the cash 
deposit rate for all other producers and exporters will be equal to the 
all-others estimated weighted-average dumping margin.
    Because the estimated weighted-average dumping margin for Prinx is 
zero percent, entries of shipments of subject merchandise from this 
company will not be subject to suspension of liquidation or cash 
deposit requirements. In such situations, Commerce applies the 
exclusion to the provisional measures to the producer/exporter 
combination that was examined in the investigation. Accordingly, 
Commerce is directing CBP not to suspend liquidation of entries of 
subject merchandise from Prinx. Entries of shipments of subject 
merchandise from this company in any other producer/exporter 
combination, or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination, are subject to the 
provisional measures at the all others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combinations identified above, 
entries of shipments of subject merchandise from these producer/
exporter combinations will be excluded from the potential antidumping 
duty order. Such exclusions are not applicable to merchandise exported 
to the United States by these respondents in any other producer/
exporter combinations or by third parties that sourced subject 
merchandise from the excluded producer/exporter combination. These 
suspension of liquidation instructions will remain in effect until 
further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary

[[Page 43808]]

determination within five days of any public announcement 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).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments for may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the timeline for the submission of case briefs and 
written comments related to non-scope issues at a later date. 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.\8\ 
Interested parties who submit case briefs or rebuttal briefs in this 
proceeding must submit: (1) a table of contents listing each issue; and 
(2) a table of authorities.\9\ See the Preliminary Scope Decision 
Memorandum for the case and rebuttal brief deadlines related to scope 
issues.\10\
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    \8\ 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).
    \9\ See 19 351.309(c)(2) and (d)(2)
    \10\ See Preliminary Scope Decision Memorandum.
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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 an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\11\ 
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 determination in this 
investigation. 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).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On May 9 and 13, 2024, pursuant to 19 CFR 351.210(e), Prinx and 
Bridgestone, respectively, requested that Commerce postpone the final 
determination.\13\ In accordance with section 735(a)(2)(A) of the Act 
and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary 
determination is affirmative; (2) the requesting exporters account for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, Commerce is postponing the 
final determination. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
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    \13\ See Prinx's Letter, ``Prinx Request for Postponement of 
Final Determination,'' dated May 9, 2024; see also Bridgestone's 
Letter, ``Request to Extend Final Determination,'' dated May 13, 
2024.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistance Secretary for 
Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of the investigation covers truck and bus tires. Truck 
and bus tires are new pneumatic tires, of rubber, with a truck or 
bus size designation. Truck and bus tires covered by the scope may 
be tube-type, tubeless, radial, or non-radial (also known as bias 
construction or bias-ply). Subject tires have, at the time of 
importation, the symbol ``DOT'' on the sidewall, certifying that the 
tire conforms to applicable motor vehicle safety standards. Subject 
tires may also have one of the following suffixes in their tire size 
designation, which also appear on the sidewall of the tire:
    TR--Identifies tires for service on trucks or buses to 
differentiate them from similarly sized passenger car and light 
truck tires; and
    HC--Identifies a 17.5 inch rim diameter code for use on low 
platform trailers.
    All tires with a ``TR'' or ``HC'' suffix in their size 
designations are covered by the scope regardless of their intended 
use.

[[Page 43809]]

    In addition, all tires that lack one of the above suffix 
markings are included in the scope, as well as all tires that 
include any other prefix or suffix in their sidewall markings, are 
included in the scope, regardless of their intended use, as long as 
the tire is of a size that fits trucks or busses. Sizes that fit 
trucks and busses include, but are not limited to, the numerical 
size designations listed in the ``Truck-Bus'' section of the Tire 
and Rim Association Year Book, as updated annually. The scope 
includes all tires that are of a size that fits trucks or busses, 
unless the tire falls within one of the specific exclusions set out 
below.
    Truck and bus tires, whether or not mounted on wheels or rims, 
are included in the scope.
    However, if a subject tire is imported mounted on a wheel or 
rim, only the tire is covered by the scope. Subject merchandise 
includes truck and bus tires produced in the subject country whether 
mounted on wheels or rims in the subject country or in a third 
country. Truck and bus tires are covered whether or not they are 
accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, 
nuts, etc. Truck and bus tires that enter attached to a vehicle are 
not covered by the scope.
    Specifically excluded from the scope are the following types of 
tires: (1) pneumatic tires, of rubber, that are not new, including 
recycled and retreaded tires; (2) non-pneumatic tires, such as solid 
rubber tires; and (3) tires that exhibit each of the following 
physical characteristics: (a) the designation ``MH'' is molded into 
the tire's sidewall as part of the size designation; (b) the tire 
incorporates a warning, prominently molded on the sidewall, that the 
tire is for ``Mobile Home Use Only;'' and (c) the tire is of bias 
construction (also known as non-radial construction) as evidenced by 
the fact that the construction code included in the size designation 
molded into the tire's sidewall is not the letter ``R.''
    The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
4011.20.1015 and 4011.20.5020. Tires meeting the scope description 
may also enter under the following HTSUS subheadings: 4011.90.1010, 
4011.90.1050, 4011.90.2010, 4011.90.2050, 4011.90.8010, 
4011.90.8050, 8708.70.4530, 8708.70.4546, 8708.70.4548, 
8708.70.4560, 8708.70.6030, 8708.70.6045, 8708.70.6060, and 
8716.90.5059.
    While HTSUS subheadings are provided for convenience and for 
customs purposes, the written description of the subject merchandise 
is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Negative Determination of Critical Circumstances
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-11026 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P