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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Administrative Review in Part; and Intent To Rescind in Part; 2021 Publication: Federal Register Agency: International Trade Administration Byline: Lisa Wang Date: 5 May 2023 Subject: American Government  , Tires
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29095-29097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09636]
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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, Rescission of Administrative Review in Part; and
Intent To Rescind in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain passenger vehicle and light truck
tires from the People's Republic of China (China) during the period of
review (POR), January 1, 2021, through December 31, 2021. We are
rescinding the review with respect to fifteen companies and announcing
our preliminary intent to rescind this review with respect to four
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT: Richard Roberts, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-2631.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce published in the Federal Register the
countervailing duty order on certain passenger vehicle and light truck
tires from China.\1\ On October 11, 2022, Commerce published in the
Federal Register the notice of initiation of an administrative review
of the Order for the period January 1, 2021, through December 31,
2021.\2\ On December 22, 2022, Commerce selected Qingdao Keter
International Co., Limited (Keter) and Shandong Haohua Tire Co., Ltd.
(Haohua) as the mandatory respondents; however, on December 23, 2022
and January 3, 2023, Keter and Haohua timely withdrew their requests
for an administrative review, respectively.\3\ As a result, on January
12, 2023, Commerce selected Shandong Province Sanli Tire Manufactured
Co., Ltd. (Sanli) as a mandatory respondent.\4\
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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, 87 FR 61278 (October 11, 2022) (Initiation
Notice).
\3\ See Keter's Letter, ``Withdrawal of Request for
Administrative Review,'' dated December 23, 2022; and Haohua's
Letter, ``Withdrawal of Request for Administrative Review,'' dated
January 3, 2023.
\4\ See Memorandum, ``Second Respondent Selection,'' dated
January 12, 2023.
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On January 13, 2023, Sanli attempted to withdraw its request for an
administrative review,\5\ but we rejected it as untimely.\6\ On January
23, 2023, we issued an initial questionnaire to the Government of China
(GOC) requesting information on programs which may constitute subsidies
under U.S. law that were used by the respondent, Sanli.\7\ On February
6, 2023, Sanli provided a notice of intent not to participate in this
review.\8\ On February 6, 2023, in response to Sanli's notice, Commerce
selected Zhongce Rubber Group Co., Ltd. (Zhongce) as an additional
mandatory respondent.\9\ On February 7, 2023, Commerce requested that
the GOC forward the initial questionnaire to Zhongce.\10\ On February
10, 2023, Zhongce provided a notice of intent not
[[Page 29096]]
to participate in this review.\11\ We received no response from the GOC
to Commerce's initial questionnaire.
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\5\ See Sanli's Letter, ``Second Respondent Selection,'' dated
January 13, 2023.
\6\ See Memorandum, ``Denial of a Late Withdrawal of Review
Request,'' dated January 20,2023.
\7\ See Commerce's Letter, ``2021 Countervailing Duty
Administrative Review of Passenger Vehicle and Light Truck Tires
from the People's Republic of China: Selection of Additional
Mandatory Respondent,'' dated February 7, 2023.
\8\ See Sanli's Letter, ``Notice of Intent Not to Participate,''
dated February 6, 2023.
\9\ See Memorandum, ``Selection of Zhongce Rubber Group Co.,
Ltd. as Additional Mandatory Respondent,'' dated February 6, 2023.
\10\ See Commerce's Letter ``Selection of Additional Mandatory
Respondent,'' dated February 7, 2023.
\11\ See Zhongce's Letter, ``Notice of Intent Not to Participate
& Withdraw as Counsel,'' dated February 10, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\12\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix 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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\12\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review, Recission in
Part, and Preliminary Intent to Rescind in Part; 2021: Certain
Passenger Vehicles 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 products covered by the Order are certain passenger vehicle and
light truck tires from China. For a complete description of the scope,
see the Preliminary Decision Memorandum.\13\
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\13\ 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 subsidy program found countervailable, we preliminarily
find that there is a subsidy, (i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific).\14\ For a full description of the methodology
underlying our conclusions, including our reliance, in part, on adverse
facts available (AFA) pursuant to sections 776(a) and (b) of the Act,
see the Preliminary Decision Memorandum.
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\14\ 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 the fourteen following companies:
(1) Sumitomo Rubber (Hunan) Co., Ltd; and (2) Sumitomo Rubber
(Changshu) Co., Ltd, (collectively, Sumitomo); \15\ (3) Giti Tire
Global Trading Pte. Ltd; (4) Giti Radial Tire (Anhui) Company Ltd; and
(5) Giti Tire (Fujian) Company Ltd., (collectively, Giti Companies);
\16\ (6) Roadclaw Tyre (Hong Kong) Limited (Roadclaw); (7) Winrun Tyre
Co., Ltd (Winrun); \17\ (8) Hankook Tire China Co., Ltd; and (9)
Jiangsu Hankook Tire Co., Ltd, (collectively, Hankook); \18\ (10)
Qingdao Keter International Co., Limited; \19\ (11) Qingdao Lakesea
Tyre Co., Ltd.; (12) Shandong Haohua Tire Co., Ltd.; and (13) Zhaoqing
Junhong Co., Ltd; \20\ and (14) Mayrun Tyre (Hong Kong) Limited
(Mayrun),\21\ pursuant to 19 CFR 351.213(d)(1).\22\ 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
fourteen companies noted above.
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\15\ In the Initiation Notice, Sumitomo Rubber Industries, Ltd.
was inadvertently listed as a company for which a review was
requested, however, a review was only requested with respect to its
subsidiaries, Sumitomo Rubber (Hunan) Co., Ltd and Sumitomo Rubber
(Changshu) Co., Ltd.
\16\ See Giti Companies' Letter, ``Withdrawal of Request for
Review,'' dated October 26, 2022.
\17\ See Roadclaw and Winrun's Letter, ``Withdrawal of Request
for Administrative Review,'' dated November 15, 2022.
\18\ See Hankook's Letter, ``Withdrawal of Request for
Administrative Review,'' dated December 16, 2022.
\19\ See Keter's Letter, ``Withdrawal of Request for
Administrative Review,'' dated December 23, 2022.
\20\ See Lakesea, Haohua, and Zahoqing's Letter, ``Withdrawal of
Request for Administrative Review,'' dated January 3, 2023.
\21\ See Mayrun's Letter, ``Withdrawal of Request for
Administrative Review,'' dated January 9, 2023.
\22\ See Preliminary Decision Memorandum at ``Partial Rescission
of Administrative Review.''
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Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\23\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\24\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\25\
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\23\ Id.
\24\ See 19 CFR 351.212(b)(2).
\25\ See 19 CFR 351.213(d)(3).
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According to the CBP import data on the record, there are four
companies subject to this review that did not have reviewable entries
of subject merchandise during the POR for which liquidation is
suspended: (1) Qingdao Fullrun Tyre Corp., Ltd.; (2) Shandong Changfeng
Tyres Co., Ltd.; (3) Shandong Duratti Rubber Corporation Co., Ltd.; and
(4) Shandong Transtone Tyre Co., Ltd. Accordingly, in the absence of
reviewable, suspended entries of subject merchandise during the POR, we
intend to rescind this administrative review with respect to these four
companies, in accordance with 19 CFR 351.213(d)(3).
Preliminary Results of Review
As a result of this administrative review, we preliminarily find
that the following net countervailable subsidy rates exist for the
period January 1, 2021, through December 31, 2021:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Shandong Province Sanli Tire Manufactured Co., Ltd...... 125.50
Zhongce Rubber Group Co., Ltd........................... 125.50
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Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respondents listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative 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
[[Page 29097]]
deposit requirements, when imposed, shall remain in effect until
further notice.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts for the producer/exporters shown
above. Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this 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).
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 July 13,
2020, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Disclosure
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 Sanli and Zhongce, and the applied AFA rates are based on
rates calculated in prior segments of the proceeding, there are no
calculations to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary results of review in
the Federal Register.\26\ Rebuttal comments, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for filing case briefs.\27\ Parties who submit case or
rebuttal briefs in this administrative review are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\28\ Case and rebuttal
briefs must be filed using ACCESS.\29\ An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\30\
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\26\ See 19 CFR 351.309(c)(1)(ii).
\27\ See 19 CFR 351.309(d).
\28\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\29\ See 19 CFR 351.303.
\30\ See 19 CFR 351.309; 19 CFR 351.303 (for general filing
requirements); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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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, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the date of publication of this
notice. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. If a request for a hearing is made, parties
will be notified of the date and time for the hearing to be determined.
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.
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 19 CFR 351.221(b)(4).
Dated: May 1, 2023.
Lisa Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Intent to Rescind Administrative Review, In Part
VI. Diversification of China's Economy
VII. Use of Faces Otherwise Available and Application of Adverse
Inferences
IX. Recommendation
[FR Doc. 2023-09636 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P