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Certain Passenger Vehicles and Light Truck Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2021 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 10 July 2023 Subject: American Government  , Tires
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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43548-43549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14496]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicles and Light Truck Tires From the
People's Republic of China: Final Results of Countervailing Duty
Administrative Review and Rescission, in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsides are being provided to producers and exporters
of certain passenger vehicle and light truck tires (PVLT tires) from
the People's Republic of China (China) during the period of review
(POR) of January 1, 2021, through December 31, 2021.
DATES: Applicable July 10, 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) 482-3464.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2023, Commerce published the Preliminary Results of this
administrative review in the Federal Register and invited interested
parties to comment.\1\ We received no comments from interested parties
on the Preliminary Results, and we have otherwise made no changes from
the Preliminary Results. Accordingly, no decision memorandum
accompanies this Federal Register notice; the Preliminary Results and
accompanying PDM are hereby adopted in these final results. Commerce
conducted this administrative review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
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\1\ See 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, 88 FR 29095 (May 5, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
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Scope of the Order \2\
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\2\ 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).
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The product covered by the Order is PVLT tires from China. For a
complete description of the scope of the Order, see the appendix to
this notice.
Rescission of 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.\3\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\4\ 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 countervailing duty assessment rate calculated for the review
period.\5\
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\3\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\4\ See 19 CFR 351.212(b)(2).
\5\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, except for the two mandatory
respondents, the remaining four companies subject to this review did
not have reviewable entries of subject merchandise.\6\ There is no
evidence on the record of this segment of the proceeding to indicate
that these companies had entries, exports, or sales of subject
merchandise to the United States during the POR. Further, in response
to the Preliminary Results, no party submitted information to
contradict the information on the record. Therefore, in accordance with
19 CFR 351.213(d)(3), we are rescinding the administrative review with
respect to these four companies.
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\6\ Companies with no reviewable entries are Qingdao Fullrun
Tyre Corp., Ltd., Shandong Changfeng Tyres Co., Ltd., Shandong
Duratti Rubber Corporation Co., Ltd. and Shandong Transtone Tyre
Co., Ltd.
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Final Results of Review
For the period January 1, 2021, through December 31, 2021, we
determine that the following net countervailable subsidy rates exist:
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Subsidy rate
Company (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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Disclosure
Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, 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,
because we have made no changes from the Preliminary Results, there are
no calculations to disclose.
Cash Deposit Instructions
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the companies listed above for
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. These cash deposit instructions,
when imposed, shall remain in effect until further notice.
[[Page 43549]]
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, countervailing duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. 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).
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). 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(3) and
19 CFR 351.221(b)(5).
Dated: July 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of this Order is passenger vehicle and light truck
tires. Passenger vehicle and light truck tires are new pneumatic
tires, of rubber, with a passenger vehicle or light truck size
designation. Tires covered by this Order may be tube-type, tubeless,
radial, or non-radial, and they may be intended for sale to original
equipment manufacturers or the replacement market.
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 the following prefixes or suffix in their tire size
designation, which also appears on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger
cars
LT--Identifies a tire intended primarily for service on light trucks
Suffix letter designations:
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service.
All tires with a ``P'' or ``LT'' prefix, and all tires with an
``LT'' suffix in their sidewall markings are covered by this
investigation regardless of their intended use.
In addition, all tires that lack a ``P'' or ``LT'' prefix or
suffix in their sidewall markings, 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 is among the numerical size designations listed in
the passenger car section or light truck section of the Tire and Rim
Association Year Book, as updated annually, unless the tire falls
within one of the specific exclusions set out below.
Passenger vehicle and light truck tires, whether or not attached
to wheels or rims, are included in the scope. However, if a subject
tire is imported attached to a wheel or rim, only the tire is
covered by the scope.
Specifically excluded from the scope are the following types of
tires:
(1) racing car tires; such tires do not bear the symbol ``DOT''
on the sidewall and may be marked with ``ZR'' in size designation;
(2) new pneumatic tires, of rubber, of a size that is not listed
in the passenger car section or light truck section of the Tire and
Rim Association Year Book;
(3) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(4) non-pneumatic tires, such as solid rubber tires;
(5) tires designed and marketed exclusively as temporary use
spare tires for passenger vehicles which, in addition, exhibit each
of the following physical characteristics:
(a) the size designation and load index combination molded on
the tire's sidewall are listed in Table PCT-1B (``T'' Type Spare
Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim
Association Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
Tire and Rim Association Year Book, and the rated speed is 81 MPH or
a ``M'' rating;
(6) tires designed and marketed exclusively for specialty tire
(ST) use which, in addition, exhibit each of the following
conditions:
(a) the size designation molded on the tire's sidewall is listed
in the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only,''
(d) the load index molded on the tire's sidewall meets or
exceeds those load indexes listed in the Tire and Rim Association
Year Book for the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
Tire and Rim Association Year Book, and the rated speed does not
exceed 81 MPH or an ``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or
an ``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for
any tire of the same size designation in either the passenger car or
light truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size
designation in either the passenger car or light truck section of
the Tire and Rim Association Year Book, the maximum load limit
molded on the tire is higher than the maximum load limit listed at
that cold inflation pressure for that size designation in either the
passenger car or light truck section of the Tire and Rim Association
Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) the size designation and load index combination molded on
the tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use,''
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
the Tire and Rim Association Year Book, and the rated speed does not
exceed 55 MPH or a ``G'' rating, and
(d) the tire features a recognizable off-road tread design.
The products covered by this Order are currently classified
under the following Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the
scope description may also enter under the following HTSUS
subheadings: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10,
4011.99.85.50, 8708.70.45.30, 8708.70.45.45, 8708.70.45.46,
8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS subheadings are provided for convenience
and for customs purposes, the written description of the subject
merchandise is dispositive.
[FR Doc. 2023-14496 Filed 7-7-23; 8:45 am]
BILLING CODE 3510-DS-P