[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8885-8887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02726]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-869]


Passenger Vehicle and Light Truck Tires From Taiwan: Amended 
Preliminary Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 6, 2021, the Department of Commerce (Commerce) 
published its preliminary determination in the less-than-fair-value 
investigation of passenger vehicle and light truck (PVLT) tires from 
Taiwan in the Federal Register. Commerce is amending this preliminary 
determination to correct a significant ministerial error.

DATES: Applicable February 10, 2021.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Lauren Caserta, AD/
CVD Operations, Enforcement and Compliance, International Trade

[[Page 8886]]

Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-5484 or (202) 482-4737, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 6, 2021, Commerce published in the Federal Register the 
Preliminary Determination in the less-than-fair-value investigation of 
PVLT tires from Taiwan.\1\ Commerce disclosed all calculations to 
interested parties on December 30, 2020. On January 5, 2021, the United 
Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied 
Industrial and Service Workers International Union (the petitioner) 
filed timely ministerial error allegations concerning the Preliminary 
Determination for respondents Nankang Rubber Tire Corp. Ltd. (Nankang) 
and Cheng Shin Rubber Ind. Co. Ltd. (Cheng Shin).\2\ Commerce also 
received ministerial comments filed on behalf of Nankang \3\ and Cheng 
Shin.\4\
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    \1\ See Passenger Vehicle and Light Truck Tires from Taiwan: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 86 FR 508 (January 6, 2021) (Preliminary 
Determination).
    \2\ See Petitioner's Letters, ``Passenger Vehicle and Light 
Truck Tires from the Republic of Taiwan: Ministerial Error 
Comments--Nankang Preliminary Margin,'' dated January 5, 2021 
(Petitioner's Nankang Ministerial Allegations) and ``Passenger 
Vehicle and Light Truck Tires from the Republic of Taiwan: 
Ministerial Error Comments--Cheng Shin Preliminary Margin,'' dated 
January 5, 2021 (Petitioner's Cheng Shin Ministerial Allegations).
    \3\ See Nankang's Letter, ``Antidumping Investigation of 
Passenger Vehicle and Light Truck Tires from Taiwan--Comments on 
Ministerial Error in Preliminary Determination,'' dated January 5, 
2021 (Nankang Ministerial Allegations).
    \4\ See Cheng Shin's Letter, ``Passenger Vehicle and Light Truck 
Tires from Taiwan: Cheng Shin Rubber Ind. Co. Ltd., Significant 
Ministerial Error Comments,'' dated January 5, 2021 (Cheng Shin 
Ministerial Allegations).
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Period of Investigation

    The period of investigation is April 1, 2019, through March 31, 
2020.

Scope of the Investigation

    The product covered by this investigation is PVLT tires from 
Taiwan. For a complete description of the scope of the investigation, 
see the Appendix.

Significant Ministerial Error

    In accordance with 19 CFR 351.224(e), Commerce ``will analyze any 
comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination . . . .'' A 
ministerial error is defined in 19 CFR 351.224(f) as ``an error in 
addition, subtraction, or other arithmetic function clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original preliminary 
determination; or (2) a difference between a weighted-average dumping 
margin of zero or de minimis and a weighted-average dumping margin of 
greater than de minimis or vice versa.\5\
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    \5\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegations

    The petitioner timely alleged that Commerce made a ministerial 
error involving one of Nankang's programs but noted that the error was 
not significant.\6\ For Cheng Shin, the petitioner alleged that 
Commerce made significant ministerial errors regarding Cheng Shin's 
arm's-length test results and inclusion of Channel 3 sales in the home 
market sales database.\7\ Nankang alleged that Commerce committed a 
ministerial error by failing to use a home market of ``viable'' size as 
the basis for normal value.\8\ Finally, Cheng Shin alleged that 
Commerce failed to exclude certain ``out-of-scope'' sales in the 
dumping margin calculation, did not match similar CONNUMs based on 
similarity of product characteristics, did not exclude Channel 3 sales 
from the home market sales database, and failed to deduct certain 
selling prices in Cheng Shin's margin calculation.\9\ After analyzing 
these allegations, we determine that we made a significant ministerial 
error in the Preliminary Determination with respect to the sales used 
to calculate Cheng Shin's margin.\10\ For a detailed discussion of the 
aforementioned ministerial error allegations, as well as Commerce's 
analysis of these comments, see the Ministerial Error Memorandum.
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    \6\ See Petitioner's Nankang Ministerial Allegations at 2.
    \7\ See Petitioner's Cheng Shin Ministerial Allegations at 2-3.
    \8\ See Nankang Ministerial Allegations at 1-4.
    \9\ See Cheng Shin Ministerial Allegations at 2-9.
    \10\ See Memorandum, ``Antidumping Duty Investigation of 
Passenger Vehicle and Light Truck Tires from Taiwan: Allegations of 
Significant Ministerial Errors in the Preliminary Determination,'' 
dated January 29, 2021 (Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(g)(1), Commerce's error in the 
application of the arm's-length test for Cheng Shin is significant 
because its correction results in a change of at least five absolute 
percentage points in, but not less than 25 percent of, the estimated 
weighted-average dumping margin calculated in the Preliminary 
Determination (i.e., a change from an estimated weighted-average 
dumping margin of 52.42 percent to 30.21 percent). Therefore, we are 
correcting the ministerial error and amending our Preliminary 
Determination accordingly.\11\
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    \11\ See Ministerial Error Memorandum.
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Amended Preliminary Determination

    We are amending the Preliminary Determination to reflect the 
correction of a significant ministerial error made in the margin 
calculation for Cheng Shin in accordance with 19 CFR 351.224(e). In 
addition, because the preliminary all-others rate was based on the 
estimated weighted-average dumping margin calculated for Cheng Shin, we 
are also amending the all-others rate. As a result of the correction of 
the ministerial error, the revised estimated weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
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Cheng Shin Rubber Ind. Co. Ltd..........................           33.33
All Others..............................................           84.83
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Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 773(d) of the 
Tariff Act of 1930, as amended (the Act). Because these amended rates 
result in reduced cash deposit rates, they will be effective 
retroactively to January 6, 2021, the date of publication of the 
Preliminary Determination.

International Trade Commission Notification

    In accordance with section 773(f) of the Act, we intend to notify 
the International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.

[[Page 8887]]

Notification to Interested Parties

    This amended preliminary determination is issued and published in 
accordance with sections 773(f) and 777(i) of the Act, and 19 CFR 
351.224(e).

    Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-02726 Filed 2-9-21; 8:45 am]
BILLING CODE 3510-DS-P