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Truck and Bus Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019 Publication: Federal Register Agency: International Trade Administration Byline: Ryan Majerus Date: 23 December 2021 Subjects: American Government  , Tires
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72921-72923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27846]
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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 Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers and/or exporters of truck and bus tires from the People's
Republic of China (China), received countervailable subsidies during
the period of review (POR), February 15, 2019, through December 31,
2019.
DATES: Effective December 23, 2021.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Dusten Hom, 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) 482-2631 and (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on June 25, 2021, and
invited comments from interested parties.\1\ On October 1, 2021,
Commerce extended the deadline for the final results of this
administrative review until December 17, 2021.\2\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\3\
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\1\ See Truck and Bus Tires from the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review,
and Rescission of Review, in Part; 2019, 86 FR 33644 (June 25, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (Preliminary Decision Memorandum).
\2\ See Memorandum, ``Truck and Bus Tires from the People's
Republic of China: Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2019,'' dated October 1,
2021.
\3\ 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; 2019,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order
The products covered by the order are truck and bus tires from
China. For a complete description of the scope of this order, 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 the comments received from interested parties, we revised
the calculation of the net countervailable subsidy rates for all
respondents. For a discussion of these issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this 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 to be countervailable, we determine 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.\4\ The Issues and Decision Memorandum contains a full
description of the methodology underlying Commerce's conclusions,
including any determination that relied upon the use of facts otherwise
available, including, adverse facts available, pursuant to sections
776(a) and (b) of the Act.
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\4\ 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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Rate for Non-Selected Companies Under Review
There are 41 companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. For these
companies, because the rates calculated for the mandatory respondents,
Qingdao Ge Rui Da Rubber Co., Ltd. (GRT) and Prinx Chengshan (Shandong)
Tire Co., Ltd. (PCT), were above de minimis and not based entirely on
facts available, we are applying to the non-selected companies the
average of the net subsidy rates calculated for GRT and PCT, which we
calculated using the publicly ranged sales data submitted by GRT and
PCT. This methodology to establish the all-others subsidy rate is
consistent with our practice and section 705(c)(5)(A) of the Act, which
governs the calculation of the all-others rate in investigations. For
further information on the calculation of the non-selected respondent
rate, refer to the section in the Issues and Decision Memorandum
entitled ``Non-Selected Companies Under Review.'' For a list of non-
selected companies, see Appendix II.
Final Results of Review
We determine the following net countervailable subsidy rates for
the POR February 15, 2019, through December 31, 2019:
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Subsidy
rate
Producer/exporter (percent
ad
valorem)
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Prinx Chengshan (Shandong) Tire Co., Ltd.\5\................ 17.47
Qingdao Ge Rui Da Rubber Co., Ltd.\6\....................... 14.77
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Review-Specific Average Rate Applicable to the Following Companies
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Other Respondents \7\....................................... 15.67
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[[Page 72922]]
Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results of this review within five
days of the date of publication of this notice, in accordance with 19
CFR 351.224(b).
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\5\ 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.
\6\ Cross-owned affiliates are Cooper Tire (China) Investment
Co. Ltd.; Cooper (Kunshan) Tire Co., Ltd.; and Qingdao Yiyuan
Investment Co., Ltd.
\7\ See Appendix II.
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Assessment
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 the date of this 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends 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 most recent company-specific or all-others
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 serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: December 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Interest Rate Benchmark, Discount Rates, Input, Electricity, and
Land Benchmarks
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether Commerce Should Continue to Find the Export
Buyer's Credit Program Countervailable
Comment 2: Whether Certain ``Other Subsidies'' Programs Are
Countervailable
Comment 3: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Specific
Comment 4: Whether the Provision of Inputs for LTAR is
Countervailable
Comment 5: Whether Commerce Should Make Certain Modifications to
the Benchmark for the Provision of Electricity for LTAR
Comment 6: Whether Commerce Should Remove Ocean Freight from the
Benchmark for the Provision of Nylon Cord for LTAR
Comment 7: Whether Commerce Should Correct Certain Errors with
the Benchmark for Synthetic Rubber and Butadiene for LTAR Whether
Commerce Should Make Certain Modifications to the Benchmark for the
Provision of Electricity for LTAR
Comment 8: Whether Commerce Should Determine the Synthetic
Rubber Benchmark on a Grade-Specific Basis
Comment 9: Whether Commerce Should Use Producer Price Index
(PPI) to Calculate its Land Benchmark
Comment 10: Whether Commerce Correctly Applied AFA to the
Provision of Land-Use Rights for LTAR and PCT's Land-Use Rights
Purchases
Comment 11: Whether Commerce Should Correct an Issue with
Negative Value Input Shipments
Comment 12: Whether Commerce Should Correct the Sales
Denominator for PCT and CSG for Years Prior to 2014
Comment 13: Whether Commerce Should Make Corrections to Certain
Other Subsidy Programs for PCT
Comment 14: Whether Commerce Should Find GRT to be
Uncreditworthy from 2017-2019
Comment 15: Whether Commerce Should Rely on Adverse Facts
Available (AFA) for the ``Authority'' Finding With Respect to
Qingdao Yiyuan's Land Contracts
Comment 16: Whether Commerce Should Use the Net Benefit of GRT's
Boiler Treatment Program to determine the Countervailable Subsidy
Comment 17: Whether Commerce Should Modify its Calculation of
CKT's Provision of Synthetic Rubber Benefit for LTAR
Comment 18: Whether Commerce Should Correct its Government
Policy Lending Calculation
Comment 19: Whether Commerce Should Correct GRT's Electricity
for LTAR Calculation
X. Recommendation
Appendix II--List of Companies Not Individually Examined
1. Aeolus Tyre Co., Ltd.
2. Chaoyang Long March Tyre Co., Ltd.
3. Doublestar International Trading (Hongkong) Co., Limited
4. Giti Radial Tire (Anhui) Company
5. Giti Tire (Fujian) Company Ltd.
6. Giti Tire Global Trading Pte Ltd.
7. Guangrao Kaichi Trading Co., Ltd.
8. Guizhou Tyre Co., Ltd.
9. Guizhou Tyre Import and Export Co., Ltd.
10. Hefei Wanli Tire Co., Ltd.
11. Hongtyre Group Co.
12. Jiangsu General Science Technology Co., Ltd.
13. Koryo International Industrial Limited
14. Maxon Int'l Co., Limited
15. Megalith Industrial Group Co., Limited
16. Qingdao Awesome International Trade Co., Ltd
17. Qingdao Doublestar Overseas Trading Co., Ltd.
18. Qingdao Doublestar Tire Industrial Co., Ltd.
19. Qingdao Fullrun Tyre Corp. Ltd
20. Qingdao Jinhaoyang International Co., Ltd.
21. Qingdao Keter International Co., Limited
22. Qingdao Lakesea Tyre Co., Ltd
23. Qingdao Powerich Tyre Co., Ltd.
24. Qingdao Shinego Tire Tech Co., Limited (also known as
Qingdao Shinego Tyre Tech Co., Ltd.)
25. Qingdao Sunfulcess Tyre Co., Ltd.
26. Shandong Habilead Rubber Co., Ltd.
27. Shandong Haohua Tire Co., Ltd.
28. Shandong Huasheng Rubber Co., Ltd
29. Shandong Hugerubber Co., Ltd.
30. Shandong Kaixuan Rubber Co., Ltd
31. Shandong Province Sanli Tire Manufactured Co., Ltd
32. Shandong Qilun Rubber Co., Ltd.
33. Shandong Transtone Tyre Co., Ltd
34. Shandong Wanda Boto Tyre Co., Ltd.
35. Shandong Yongsheng Rubber Group Co., Ltd.
36. Shanghai Huayi Group Corporation Limited
37. Shengtai Tyre Co., Ltd.
[[Page 72923]]
38. Sichuan Kalevei Technology Co., Ltd.
39. Tongli Tyre Co., Ltd.
40. Triangle Tyre Co., Ltd.
41. Weifang Shunfuchang Rubber and Plastic Products Co., Ltd.
[FR Doc. 2021-27846 Filed 12-22-21; 8:45 am]
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