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Passenger Vehicle and Light Truck Tires From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 3 August 2023 Subjects: American Government  , Tires
Topics: Hankook, Nexen |
[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51296-51298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16595]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-908]
Passenger Vehicle and Light Truck Tires From the Republic of
Korea: 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) preliminary
determines that Hankook Tire Mfg Co. Ltd. (Hankook) and Nexen Tire
Corporation (Nexen) made sales of passenger vehicle and light truck
tires (passenger tires) from the Republic of Korea (Korea) at prices
below normal value (NV) during the period of review (POR), January 6,
2021, through June 30, 2022. We invite interested parties to comment on
these preliminary results.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo and Jun Jack Zhao,
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) 482-3797
and (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2021, Commerce published in the Federal Register the
antidumping duty order on passenger tires from Korea.\1\ On July 1,
2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the
[[Page 51297]]
Order.\2\ On September 6, 2022, based on timely requests for review and
in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order.\3\ Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act), Commerce extended the
deadline for the preliminary results until July 28, 2023.\4\
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\1\ 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).
\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 Initiation of Antidumping and Countervailing Duty
Administrative Review, 87 FR 54463 (September 6, 2022).
\4\ See Memoranda, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 29,
2023; and ``Second Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated June 5, 2023.
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For a complete 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 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Administrative Review of the Antidumping Duty Order on
Passenger Vehicle and Light Truck Tires from the Republic of Korea;
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 passenger tires from Korea.
The products covered by this Order are currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4011.10.1010, 4011.10.1020, 4011.10.1030, 4011.10.1040,
4011.10.1050, 4011.10.1060, 4011.10.1070, 4011.10.5000, 4011.20.1005,
and 4011.20.5010. Tires meeting the scope description may also enter
under the following HTSUS subheadings: 4011.90.1010, 4011.90.1050,
4011.90.2010, 4011.90.2050, 4011.90.8010, 4011.90.8050, 8708.70.4530,
8708.70.4546, 8708.70.4548, 8708.70.4560, 8708.70.6030, 8708.70.6045,
and 8708.70.6060. While HTSUS subheadings are provided for convenience
and for customs purposes, the written description of the subject
merchandise is dispositive. For a full description of the scope of the
Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price and constructed export price are
calculated in accordance with section 772 of the Act. NV 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.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be determined for 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 determining the
weighted-average dumping margin for companies which were not selected
for individual examination in an administrative review.
Section 735(c)(5)(A) of the Act provides that Commerce will base
the all-others rate on the weighted average of the estimated weighted-
average dumping margins calculated for the individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available. Where the estimated weighted-average
dumping margin for each of the individually examined companies is 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.''
In this review, the preliminary weighted-average dumping margins
for Hankook and Nexen are not zero, de minimis, or based entirely on
facts otherwise available. Therefore, we have preliminarily assigned a
weighted-average dumping margin to the non-examined company, Kumho Tire
Co., Inc., that is equal to the weighted average of the weighted-
average dumping margins calculated for Hankook and Nexen, consistent
with the guidance in section 735(c)(5)(A) of the Act.\6\
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\6\ See Memorandum, ``Preliminary Results of the Antidumping
Duty Administrative Review of Passenger Vehicles and Light Truck
Tires from the Republic of Korea: Rate for Non-Examined Companies,''
dated concurrently with this notice.
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Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margins exists for the period
January 6, 2021, through June 30, 2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hankook Tire Mfg Co. Ltd.................................... 19.45
Nexen Tire Corporation...................................... 4.23
Kumho Tire Co., Inc......................................... 12.61
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties under administrative
protective order within five days after the date of public announcement
of the preliminary results, or within five days after the publication
of the preliminary results in the Federal Register.\7\
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\7\ See 19 CFR 351.224(b).
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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 not later than seven days after the date for filing case
briefs.\8\ Interested 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\ Executive summaries should be limited to five
pages total, including footnotes.
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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; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\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 within 30 days after the date
of publication of this notice. 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 to be
[[Page 51298]]
discussed. 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.
All briefs and hearing requests must be filed electronically using
ACCESS \10\ and must be served on interested parties.\11\ An
electronically filed document must be received successfully in its
entirety by ACCESS by 5 p.m. Eastern Time. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
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\10\ See 19 CFR 351.303.
\11\ See 19 CFR 351.303(f).
\12\ See Temporary Rule.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by 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).
For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), Commerce intends to calculate importer-specific antidumping
duty 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.\13\ 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.
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer-specific assessment rate is zero or de
minimis, we intend to instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ 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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For entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\15\
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\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For a company which was not selected for individual examination, we
intend to assign an antidumping duty assessment rate equal to the
weighted-average dumping margin determined for the non-examined company
in the final results of review. The final results of this review shall
be the basis for the assessment of antidumping duties on entries of
merchandise covered by this review, and for future cash deposits of
estimated antidumping duties, where applicable.\16\
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\16\ See section 751(a)(2)(C) of the Act.
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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 in the Federal Register, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for the exporters listed above will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, then no cash deposit will be required); (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the less-than-fair value investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 21.74 percent, the all-
others rate established in the less-than-fair value investigation.\17\
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\17\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also 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)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 28, 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-16595 Filed 8-2-23; 8:45 am]
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