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Passenger Vehicle and Light Truck Tires From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 27 July 2023 Subject: American Government 
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48435-48437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15855]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-842]
Passenger Vehicle and Light Truck Tires From Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that passenger vehicle and light truck tires (PVLT) from
Thailand were sold in the United States at less than normal value
during the period of review (POR) January 6, 2021, through June 30,
2022. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable July 26, 2023.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-0981,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2022, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the
antidumping duty order on PVLT from Thailand.\2\ On September 6, 2022,
in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice
of initiation of an administrative review of the Order.\3\ On March 24,
2023, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.213(h)(2), Commerce extended
the due date for the preliminary results until July 20, 2023.\4\
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\1\ 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).
\2\ See Passenger Vehicle and Light Truck Tires from the
Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and
Amended Final Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022). See also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 7060 (February 2, 2023).
\4\ See Memorandum, ``Passenger Vehicle and Light Truck Tires
from Thailand: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated March 24, 2023.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics included in the Preliminary Decision Memorandum is
included as Appendix I 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Passenger Vehicle and Light Truck Tires from Thailand; 2021-
2022,'' 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 PVLT from Thailand. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period January 6, 2021, through June 30, 2022:
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\6\ See Appendix II for a list of these companies.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Sentury Tire (Thailand) Co., Ltd............................ 1.24
Sumitomo Rubber (Thailand) Co., Ltd......................... 6.16
Non-Examined Companies \6\.................................. 4.52
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Rate for Companies Not Individually Examined
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be applied to companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
less-than-fair-value investigation, for guidance when calculating the
weighted-average dumping margin for companies which were not selected
for individual examination in an
[[Page 48436]]
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually examined, excluding rates that are zero, de
minimis (i.e., less than 0.50 percent), or determined entirely on the
basis of facts available.
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
Because Commerce preliminarily calculated weighted-average dumping
margins for Sentury Tire (Thailand) Co., Ltd. (Sentury) and Sumitomo
Rubber (Thailand) Co., Ltd. (SRT) that are not zero or de minimis, or
based entirely on facts available, we have preliminarily assigned the
companies that were not selecting for individual examination, a
weighted-average dumping margin equal to the weighted average of the
estimated weighted-average dumping margins calculated for Sentury and
SRT, weighted by the mandatory respondents' publicly ranged total sales
values, consistent with guidance in section 735(c)(5)(A) of the Act.\7\
The companies not selected for individual examination are listed in
Appendix II.
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\7\ See Memorandum, ``Calculation of the Rate for Non-Examined
Companies for the Preliminary Results,'' dated concurrently with
this notice.
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in determining the final results of
review.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs to Commerce no
later than seven days after the date on which the last verification
report is issued in this administrative review. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the date for filing case briefs.\8\ Parties who
submit case briefs 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.\9\
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\8\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; (3) whether any
participant is a foreign national; and (4) a list of issues the party
intends to discuss. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a date
and time to be determined.\10\
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\10\ See 19 CFR 351.310(c).
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All submissions should be filed using ACCESS,\11\ and must be
served on interested parties.\12\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\13\ Parties are
reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
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\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ See 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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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
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 administrative 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).
If Sentury or SRT's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\14\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If Sentury or SRT's weighted-
average dumping margin is zero or de minimis or where an importer-
specific ad valorem assessment rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Sentury
or SRT for which it did not know that the merchandise was destined for
the United States, we intend to instruct CBP to liquidate those entries
at the all-others rate in the original less-than-fair-value
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\16\
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\16\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
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, as provided for by section
751(a)(2)(C) of the Act: (1) the
[[Page 48437]]
cash deposit rate for the companies listed above will be equal to the
weighted-average dumping margin established in the final results of
this review (except, if that rate is de minimis within the meaning of
19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (2) for
producers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment of this proceeding in which they were reviewed; (3) if the
exporter is not a firm covered in this review or a prior segment of the
proceeding but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
17.06 percent, the all-others rate established in the less-than-fair-
value investigation.\17\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\17\ See Order, 86 FR at 38012.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: July 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Deestone Corporation Ltd./Deestone Corporation Public Company
Limited
2. General Rubber (Thailand) Co., Ltd.
3. LLIT (Thailand) Co., Ltd.
4. Maxxis International (Thailand) Co., Ltd.
5. Otani Radial Company Limited
6. Prinx Chengshan Tire (Thailand) Co., Ltd.
7. Sanpo (Thailand) Co., Ltd.
8. Zhongce Rubber (Thailand) Co., Ltd.
[FR Doc. 2023-15855 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P