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Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Administrative Review; 2020-2021 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 21 July 2023 Subjects: American Government  , Tires
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[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47107-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15530]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-829]
Passenger Vehicle and Light Truck Tires From the Socialist
Republic of Vietnam: Preliminary Results of Countervailing Duty
Administrative Review and Partial Rescission of Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the company subject to this countervailing duty
administrative review of passenger vehicle and light truck tires (PVLT
tires) from the Socialist Republic of Vietnam (Vietnam) received
countervailable subsidies during the period of review (POR), November
10, 2020, through December 31, 2021. Additionally, Commerce is
rescinding the review with respect to three companies. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable July 21, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2021, Commerce published in the Federal Register the
countervailing duty order on PVLT tires from Vietnam.\1\ On July 1,
2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order for the
POR.\2\ Between July 29 and August 1, 2022, we received timely requests
from multiple parties to conduct an administrative review of the
Order.\3\ On September 6, 2022, we published in the Federal Register a
notice of initiation for this administrative review.\4\ On March 13,
2023, Commerce extended the deadline for the preliminary results of
this review by 117 days to July 28, 2023.\5\
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\1\ See Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam: Countervailing Duty Order, 86 FR
38013 (July 19, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 39461 (July 1,
2022).
\3\ See Bridgestone's Letter, ``Request for Administrative
Review,'' dated July 29, 2022; Sailun's Letter, ``Request for
Administrative Review,'' August 1, 2022; and KTV and KTCI's Letter,
``Request for Administrative Review,'' dated August 1, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463, 54474 (September 6, 2022).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
13, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
provided in 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Administrative Review of the
Countervailing Duty Order on Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The scope of the Order covers PVLT tires from Vietnam. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
We are conducting 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 determine
that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\7\ For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.
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\7\ 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 Preliminary Rescission of Administrative Review
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 withdrawal
requests with respect to Sailun (Vietnam) Co., Ltd. (Sailun), Kumho
Tire (Vietnam) Co., Ltd. (KTV), and Kumho Tire Co., Inc. (KTCI).\8\
Because the withdrawal requests were timely filed and no other parties
requested reviews of these companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order for
Sailun, KTV, and KTCI.\9\
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\8\ See Sailun's Letter, ``Sailun Withdrawal of Review
Request,'' dated September 29, 2022; and KTV/KTCI's Letter,
``Withdrawal of Request for Administrative Review,'' dated October
25, 2022.
\9\ 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).
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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 November 10, 2020, through December 31, 2021:
[[Page 47108]]
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Subsidy rate-- Subsidy rate--
2020 (percent 2021 (percent ad
Company ad valorem) valorem)
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Bridgestone Tire Manufacturing 1.26 0.00
Vietnam, LLC.....................
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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 U.S. Customs and Border
Protection (CBP) to collect cash deposits of estimated countervailing
duties in the amounts calculated in the final results of this review
for the company 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 for 2021 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 companies, CBP will continue to collect cash deposits
of estimated countervailing duties at the all-others rate (i.e., 6.46
percent) \10\ 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.
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\10\ See Order, 86 FR at 38014.
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Assessment Rates
Upon issuance of the final results of this administrative review,
consistent with section 751(a)(1) 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. For Sailun and KTCI,
Commerce will instruct CBP to assess countervailing duties on all
appropriate entries at the 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 November 10, 2020,
through December 31, 2021, in accordance with 19 CFR 351.212(c)(l)(i).
With respect to KTV, entries produced and/or exported by KTV during the
period November 10, 2020, through December 31, 2021, are enjoined from
liquidation; \11\ as a result, we will issue the appropriate
liquidation instructions for KTV once the statutory injunction is
lifted.
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\11\ See KTV Statutory Injunction Instructions dated November 2,
2022, CBP Message 2306402.
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For Bridgestone Tire Manufacturing Vietnam, LLC (Bridgestone), the
only company subject to this review, 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).
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to parties in this proceeding within five days
after public announcement of the preliminary results in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than seven days after the
date for filing case briefs.\12\ Parties who submit case or rebuttal
briefs in this proceeding 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.\13\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\14\
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\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 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, filed electronically via ACCESS. An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\15\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. If a request for a hearing is made, we will
inform parties of the scheduled date and time for the hearing.
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\15\ See 19 CFR 351.310(c).
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Unless extended, we intend to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their case briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: July 17, 2023.
Lisa W. 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. Application of the CVD Law to Imports from Vietnam
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-15530 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P