|
|---|
|
Passenger Vehicle Light Truck Tires (PVLT) From China: Final Results of Countervailing Duty Administrative Review; 2020 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 13 March 2023 Subjects: American Government  , Tires
|
[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15371-15372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05105]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Passenger Vehicle Light Truck Tires (PVLT) From China: Final
Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain exporters/producers of passenger vehicle light truck tires
(PVLT tires) from the People's Republic of China (China) received
countervailable subsidies during the period of review (POR) January 1,
2020, through December 31, 2020.
DATES: Applicable March 13, 2023.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or 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) 482-1395
or (202) 482-3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on September 8, 2022, in the Federal Register, and invited
interested parties to comment.\1\ For a detailed description of the
events that occurred subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\ On December 7, 2022, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline for issuing the final results
until March 7, 2023.\3\
---------------------------------------------------------------------------
\1\ See 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, in Part; 2020,
87 FR 54961 (September 8, 2022) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review
Passenger Vehicles and Light Truck Tires from the People's Republic
of China; 2020,'' dated concurrently with this memorandum (Issues
and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
the Countervailing Duty Administrative Review; 2020,'' dated
December 7, 2022.
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
The products covered by the scope of the Order are PVLT tires from
China. A full description of the scope of the Order is contained in the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum and
are listed 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 comments received from interested parties and issues
originating from verification, we revised the calculation of the net
countervailable subsidy rates for Sumitomo Rubber (Hunan) Co., Ltd.
(SRH). For a discussion of the issues, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Act. For each of the subsidy programs found
to be countervailable, we 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.\5\ For a full
description of the methodology underlying all of Commerce's
conclusions, including our reliance, in part, on facts otherwise
available, including adverse facts available, pursuant to sections
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Non-Selected Companies' Rate
Commerce made no changes to the methodology from the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculation for
SRH, we revised the non-selected rate accordingly. Consequently, for
each of the eight non-
[[Page 15372]]
selected companies for which a review was requested and not rescinded,
we are applying an ad valorem subsidy rate of 11.05 percent.
Final Results of Review
We find the following net countervailable subsidy rates for the
period January 1, 2020, through December 31, 2020, as follows:
---------------------------------------------------------------------------
\6\ Commerce finds the following companies to be cross-owned
with Sumitomo Rubber (Hunan) Co., Ltd.: Sumitomo Rubber (China) Co.,
Ltd. and Sumitomo Rubber (Changshu) Co. Ltd.
\7\ This rate is based on the rate for the respondent that was
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
------------------------------------------------------------------------
Subsidy rate
Producer or exporter (percent ad
valorem)
------------------------------------------------------------------------
Sumitomo Rubber (Hunan) Co., Ltd.\6\.................... 11.05
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \7\
------------------------------------------------------------------------
Jiangsu Hankook Tire Co., Ltd........................... 11.05
Kumho Tire Co., Inc..................................... 11.05
Kumho Tire (Tianjin) Co., Inc........................... 11.05
Prinx Chengshan (Shandong) Tire Company Ltd............. 11.05
Qingdao Nexen Tire Corporation.......................... 11.05
Shandong Haohua Tire Co., Ltd........................... 11.05
Shandong Province Sanli Tire Manufactured Co., Ltd...... 11.05
Triangle Tyre Co., Ltd.................................. 11.05
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of 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, effective upon publication of these final
results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an 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). 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 sanctionable
violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: March 7, 2023.
Lisa W. Wang,
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. Non-Selected Rate
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Should Continue To Find Use of the
Export Buyer's Credit (EBC) Program
Comment 2: Whether the Provision of Land-Use Rights for Foreign-
Invested Enterprises (FIE) for Less Than Adequate Remuneration
(LTAR) Is Export-Contingent and Specific
Comment 3: Whether Commerce Should Find That the Chinese Markets
for Carbon Black and Synthetic Rubber Are Distorted
Comment 4: Whether Commerce Should Include IHS Markit Data in
Input Benchmark Calculations
Comment 5: Whether Commerce Correctly Calculated Inland Freight
Costs in the Nylon Cord Benchmark
Comment 6: Whether the Benchmark for Electricity Includes Value-
Added Tax (VAT)
Comment 7: Whether the Provision of Inputs for LTAR Constitutes
a Financial Contribution
IX. Recommendation
[FR Doc. 2023-05105 Filed 3-10-23; 8:45 am]
BILLING CODE 3510-DS-P