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Truck and Bus Tires From the People's Republic of China: Final Results of the Countervailing Duty Administrative Review; 2020 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 30 June 2022 Subjects: American Government  , Tires
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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Notices]
[Pages 39063-39065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14024]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From the People's Republic of China: Final
Results of the 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 truck and bus 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.
Additionally, we are rescinding the review for eight companies with no
shipments of subject merchandise to the United States during the POR.
DATES: Applicable June 30, 2022.
FOR FURTHER INFORMATION CONTACT: Brontee Jeffries or Theodore Pearson,
AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4656 or (202) 482-2631,
respectively.
Background
Commerce published the Preliminary Results of this administrative
review on March 8, 2022,\1\ and invited comments from interested
parties. For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\2\
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\1\ See Truck and Bus Tires from the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review,
Rescission of Review in Part, and Intent to Rescind in Part; 2020,
87 FR 12929 (March 8, 2022) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Truck and Bus Tires from the People's Republic of China,''
concurrently with, and hereby adopted by, this notice.
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[[Page 39064]]
Scope of the Order
The products covered by the Order are truck and bus tires. For a
complete description of the scope, see 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. A
list of these issues is provided in Appendix I to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and CVD
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, we revised the
calculation of the net countervailable subsidy rate for Ge Rui Da
Rubber Co., Ltd. (GRT). We made no changes for Prinx Chengshan
(Shandong) Tire Co., Ltd. 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 Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found 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.\3\ For a full description of the methodology underlying all
of Commerce's conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Issues and Decision Memorandum.
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\3\ 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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Partial Rescission of Administrative Review
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.\4\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\5\ 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.\6\
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\4\ 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); see also
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).
\5\ See 19 CFR 351.212(b)(2).
\6\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, eight companies subject to this
review did not have reviewable entries of subject merchandise during
the POR for which liquidation is suspended.\7\ Further, in response to
the Preliminary Results, no party submitted information to contradict
the information on the record. Therefore, because 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, we are rescinding the administrative
review with respect to these companies, consistent with 19 CFR
351.213(d)(3).
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\7\ The eight companies are: Chongqing Hankook Tire Co., Ltd.;
Guangrao Kaichi Trading Co., Ltd.; Qingdao Fullrun Tyre Corp. Ltd.;
Qingdao Honghuasheng Trade Co., Ltd.; Qingdao Kapsen Trade Co.,
Ltd.; Qingdao Sunfulcess Tyre Co., Ltd.; Shandong Habilead Rubber
Co., Ltd.; and Shandong Qilun Rubber Co., Ltd.
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Non-Selected Companies' Rate
We made no changes to the methodology for determining a rate for
companies not selected for individual examination from the Preliminary
Results. However, due to changes in calculations for GRT, the non-
selected rate changed for each of the eight non-selected companies for
which a review was requested and not rescinded, and which were not
selected as mandatory respondents. For these companies, we are applying
an ad valorem subsidy rate of 16.85 percent.
Final Results of the Administrative Review
We find the following net countervailable subsidy rates for the POR
January 1, 2020, through December 31, 2020:
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\8\ Cross-owned affiliates are Chengshan Group Co., Ltd.;
Shanghai Chengzhan Information and Technology Center; Prinx
Chengshan (Qingdao) Industrial Research & Design Co., Ltd.; and
Shandong Prinx Chengshan Tire Technology Research Co., Ltd.
\9\ Cross-owned affiliates are Cooper Tire (China) Investment
Co. Ltd.; Cooper Tire Asia-Pacific (Shanghai) Trading Co., Ltd.;
Cooper (Kunshan) Tire Co., Ltd.; and Qingdao Yiyuan Investment Co.,
Ltd.
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Subsidy rate (percent
Producer/exporter ad valorem)
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Prinx Chengshan (Shandong) Tire Co., Ltd \8\... 17.85
Qingdao Ge Rui Da Rubber Co., Ltd \9\.......... 16.76
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Review-Specific Average Rate Applicable to the Following Companies
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Jiangsu General Science Technology Co., Ltd.... 16.85
Jiangsu Hankook Tire Co., Ltd.................. 16.85
Qingdao Awesome International Trade Co., Ltd... 16.85
Qingdao Doublestar Tire Industrial Co., Ltd.... 16.85
Shandong Haohua Tire Co., Ltd.................. 16.85
Shandong Huasheng Rubber Co., Ltd.............. 16.85
Shandong Kaixuan Rubber Co., Ltd............... 16.85
Triangle Tyre Co., Ltd......................... 16.85
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Disclosure
We intend to disclose calculations and analysis performed for these
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).
[[Page 39065]]
Assessment Requirements
In accordance with section 751(a)(2)(C) 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. 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).
With respect to the companies for which this administrative review
is rescinded, countervailing duties shall be assessed at rates equal to
the cash deposit rate required at the time of entry, or withdrawal from
warehouse, for consumption, during the period January 1, 2020, through
December 31, 2020, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, we also intend 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, when imposed,
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 351.213(d)(4)
and 19 CFR 351.221(b)(5).
Dated: June 24, 2022.
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. Rescission of Administrative Review, In Part
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether the Provision of Inputs for Less Than
Adequate Remuneration (LTAR) Constitutes a Financial Contribution
Comment 2: Whether the Export Buyer's Credit (EBC) Program Is
Countervailable
Comment 3: Whether Commerce Appropriately Found That the
Provision of Land Use Rights to Qingdao Ge Rui Da Rubber Co., Ltd.
(GRT) Constitutes a Financial Contribution
Comment 4: Whether Cooper Tire (China) Investment Co. Ltd.
(CTIC) Is Creditworthy
Comment 5: Whether Commerce Should Alter the Benchmark for Ocean
Freight
Comment 6: Whether the Benchmark for Electricity Includes Value
Added Tax (VAT)
Comment 7: Whether Commerce Should Alter the Benchmarks for
Synthetic Rubber and Butadiene
Comment 8: Whether Commerce Should Correct the Calculations of
the Economic Development for CTIC Program
Comment 9: Whether Commerce Should Correct Calculations for the
Provision of Land-Use Rights
X. Recommendation
[FR Doc. 2022-14024 Filed 6-29-22; 8:45 am]
BILLING CODE 3510-DS-P