[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Notices]
[Pages 73628-73631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20582]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain exporters of passenger vehicle and light truck tires 
(passenger tires) from the People's Republic of China (China) made 
sales of subject merchandise at prices below normal value (NV) during 
the period of review (POR) August 1, 2022, through July 31, 2023. 
Commerce also preliminarily finds that five companies had no entries of 
subject merchandise during the POR, and that it is appropriate to 
rescind this review with respect to 14 companies because all requests 
for review of these companies were withdrawn. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable September 11, 2024.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD 
Operations, Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    On October 18, 2023, based on timely requests for review, in 
accordance with

[[Page 73629]]

19 CFR 351.221(c)(1)(i), we initiated this administrative review of the 
antidumping duty order on passenger tires from China.\1\ This review 
covers 33 exporters of the subject merchandise.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023); see also 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China: Amended Final Affirmative Antidumping Duty 
Determination and Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 47902 (August 10, 2015) (Order).
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    In April 2024, we extended the preliminary results of this review 
until August 29, 2024.\2\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\3\ The 
deadline for these preliminary results is now September 5, 2024.
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    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2022-2023 Antidumping Duty Administrative Review,'' 
dated April 4, 2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\4\ 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. A list of topics 
discussed in the Preliminary Decision Memorandum is included in 
Appendix I.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China; 2022-2023,'' 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 China. 
For a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review in the 
Federal Register. Between October 2023 and January 2024, all parties 
withdrew their requests for review by the 90-day withdrawal deadline 
for the companies identified in Appendix III.\5\ Because all parties 
timely withdrew their requests for a review of these exporters, 
consistent with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review, in part, with respect to these companies.
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    \5\ See Dynamic Tire's Letter, ``Sailun Withdrawal Request of 
Administrative Review,'' dated October 24, 2023; Sumitomo Rubber's 
Letter, ``Withdrawal of Request for Review,'' dated November 14, 
2023; Hankook Tire's Letter, ``Withdrawal of Request for 
Administrative Review for Jiangsu Hankook,'' dated December 13, 
2023; Shandong New Continent's Letter, ``SNC Withdrawal of Request 
for Antidumping Administrative Review,'' dated December 27, 2023; 
Giti's Letter, ``Withdrawal of Request for Administrative Review,'' 
dated January 2, 2024; Qingdao Fullrun's and Qingdao Lakesea's 
Letters, ``Withdrawal of Request for Administrative Review,'' dated 
January 5, 2024; Qingdao Keter's, Sanli Tire's, and Qingdao 
Sunfulcess' Letter, ``Withdrawal of Request for Administrative 
Review,'' dated January 11, 2024; Triangle Tyre's Letter, 
``Withdrawal of Request for Administrative Review,'' dated January 
11, 2024; and Hankook Tire's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated January 15, 2024.
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    Furthermore, pursuant to 19 CFR 351.213(d)(3), Commerce will 
rescind an administrative review when there are no entries of subject 
merchandise during the POR for which liquidation is suspended.\6\ 
Normally, upon completion of an administrative review, the suspended 
entries are liquidated at the antidumping duty assessment rate 
calculated for the review period.\7\ Therefore, for an administrative 
review of a company to be conducted, there must be a suspended entry 
that Commerce can instruct U.S. Customs and Border Protection (CBP) to 
liquidate at the antidumping duty assessment rate calculated for the 
POR.\8\
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    \6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- 
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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    In January and August 2024, we notified parties of our intent to 
rescind this administrative review, in part, with respect to the 
companies identified in Appendix III, with the exception of Shandong 
Linglong Tyre Co., Ltd. (Shandong Linglong), because there were no 
suspended entries of subject merchandise produced or exported by these 
companies during the POR, and we invited interested parties to 
comment.\9\ Therefore, we determine that, in the absence of any 
suspended entries of subject merchandise from these five companies 
listed in Appendix III during the POR, we are rescinding the 
administrative review for these companies (excluding Shandong 
Linglong), in accordance with 19 CFR 351.213(d)(3).
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    \9\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated January 29, 2024; and Memorandum, ``Notice of Intent 
to Rescind Review on Shandong Transtone,'' dated August 22, 2024.
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    With regard to Shandong Linglong, we received comments from this 
company, stating that it had reviewable entries during the POR.\10\ We 
intend to request further information regarding such entries, which we 
will consider for the final results.
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    \10\ See Shandong Linglong's Letter, ``Shandong Linglong 
Comments on the Department's Notice of Intent to Rescind,'' dated 
February 5, 2024.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213. We calculated constructed export prices in accordance with 
section 772(b) of the Act. Because China is a non-market economy (NME) 
country, within the meaning of section 771(18) of the Act, we 
calculated NV in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Separate Rates

    As discussed in the Preliminary Decision Memorandum, Commerce 
preliminarily finds that Shandong Hongsheng Rubber Technology Co., Ltd. 
(Shandong Hongsheng) and Shandong Haohua Tire Co., Ltd. (Shandong 
Haohua) have not established their eligibility for a separate rate. 
Moreover, Commerce preliminarily finds that seven other companies under 
review did not establish their eligibility for separate rates because 
they failed to provide either a separate rate application, a separate 
rate certification, or a no-shipment certification (if they had 
previously received a separate rate). As such, we preliminarily 
determine that Shandong Hongsheng, Shandong Haohua, and these seven 
other companies are part of the China-wide entity. See Appendix II for 
a complete list of these companies.
    Commerce preliminarily determines that the following companies have 
demonstrated their eligibility for a separate rate in this review: \11\ 
(1) Zhaoqing Junhong Co., Ltd (Junhong); (2) Jiangsu General Science 
Technology Co., Ltd.; (3) Qingdao Transamerica Tire

[[Page 73630]]

Industrial Co., Ltd.; and (4) Winrun Tyre Co., Ltd.
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    \11\ See Preliminary Decision Memorandum at ``Separate Rates.''
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    The Act and Commerce's regulations do not address the establishment 
of a rate to apply 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 an investigation, for guidance when 
determining the dumping margin for respondents that are not 
individually examined in an administrative review. Section 735(c)(5)(A) 
of the Act states that the all-others rate should be calculated by 
averaging the weighted-average dumping margins for individually-
examined respondents, excluding dumping margins that are zero, de 
minimis, or based entirely on facts available. For these preliminary 
results, we preliminarily determined a dumping margin for the separate 
rate respondents using the calculated rate of the mandatory respondent, 
Junhong, which is not zero or de minimis, or determined entirely on the 
basis of facts available.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\12\ Because no party 
requested a review of the China-wide entity, the China-wide entity is 
not under review. Therefore, the rate previously established for the 
China-wide entity (i.e., 76.46 percent) remains the China-wide entity 
rate this review.\13\
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    \12\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \13\ See Order, 80 FR at 47904, n.19.
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Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2022, through 
July 31, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Jiangsu General Science Technology Co., Ltd.............           28.76
Qingdao Transamerica Tire Industrial Co., Ltd...........           28.76
Winrun Tyre Co., Ltd....................................           28.76
Zhaoqing Junhong Co., Ltd...............................           28.76
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Disclosure and Public Comment

    Commerce intends to disclose the calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days after the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice in the Federal Register regarding all issues, except 
those related to POR entries for Shandong Linglong.\14\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\15\ 
Interested parties who submit case briefs or rebuttal briefs in this 
proceeding must submit: (1) a table of contents listing each issue; and 
(2) a table of authorities.\16\
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    \14\ Because we are requesting additional information regarding 
Shandong Linglong, we intend to set a separate briefing schedule 
related to any issues specific to this company at a later date.
    \15\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \16\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\17\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\18\
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    \17\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \18\ See APO and Service Final Rule.
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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; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\19\ Pursuant to 19 CFR 351.212(b)(1), 
because Junhong reported the entered value for its U.S. sales, we 
calculated importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those sales. Where either 
a respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\20\
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    \19\ See 19 CFR 351.212(b)(1).
    \20\ Id.
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    Pursuant to Commerce's assessment practice,\21\ for entries that 
were not reported in the U.S. data submitted by Junhong, we will 
instruct to CBP to liquidate such entries at the China-wide rate. 
Additionally, where Commerce determines that an exporter under review 
had no shipments of subject merchandise to the United States during the 
POR, any suspended entries of subject merchandise that entered under 
that exporter's CBP case number during the POR will be liquidated at 
the dumping margin assigned to the China-wide entity.
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    \21\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    For respondents not individually examined in this administrative 
review that qualified for a separate rate, the assessment rate will be 
equal to the dumping margin assigned to Junhong in the final results of 
this review.\22\ Finally,

[[Page 73631]]

we intend to liquidate entries containing subject merchandise exported 
by the companies under review that we determine in the final results to 
be part of the China-wide entity at the China-wide rate of 76.46 
percent.
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    \22\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable. 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).
    Finally, for the companies for which we are rescinding this review, 
we intend to instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit rate of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of this 
notice in the Federal Register.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for the companies 
listed above that have a separate rate, the cash deposit rate will be 
that rate established in the final results of this review (except, if 
the rate is zero or de minimis, then a cash deposit rate of zero will 
be established for that company); (2) for previously investigated or 
reviewed exporters not listed in the final results of review that have 
separate rates, the cash deposit rate will continue to be the 
exporter's weighted-average dumping margin published of the most 
recently-completed segment of this proceeding; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate for 
China-wide entity (i.e., 76.46 percent); \23\ and (4) for all exporters 
of subject merchandise which are not located in China and are not 
eligible for a separate rate, the cash deposit rate will be the rate 
applicable to Chinese exporter(s) that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.
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    \23\ See Order, 80 FR at 47904, n.19.
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Final Results

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of all issues raised in 
any written briefs, not later than 120 days after the publication of 
these preliminary results in the Federal Register, unless otherwise 
extended.\24\
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    \24\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 
CFR 351.221(b)(4).

    Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy 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

Companies Preliminary Found To Be Part of the China-Wide Entity

1. Kinforest Tyre Co., Ltd.
2. Qingdao Fullrun Tyre Tech Corp., Ltd.
3. Qingdao Powerich Tyre Co., Ltd.
4. Qingdao Vitour United Corp.
5. Shandong Haohua Tire Co., Ltd.
6. Shandong Hongsheng Rubber Technology Co., Ltd.
7. Shandong Wanda Boto Tyre Co., Ltd.
8. Tianjin Wanda Tyre Group Co., Ltd.
9. Zhongce Rubber Group Company, Ltd.

Appendix III

Companies Rescinded From Review

Rescission Based on Withdrawal of Review Requests

1. Anhui Jichi Tire Co., Ltd.;
2. Giti Radial Tire (Anhui) Company, Ltd.; Giti Tire (Anhui) 
Company, Ltd.; Giti Tire (Chongqing) Company, Ltd.; Giti Tire 
(Fujian) Company, Ltd.; Giti Tire Global Trading Pte. Ltd.; Giti 
Tire Greatwall Company, Ltd.; Giti Tire (Hualin) Company, Ltd.; Giti 
Tire (Yinchuan) Company, Ltd.
3. Hankook Tire China Co., Ltd.
4. Jiangsu Hankook Tire Co., Ltd.
5. Qingdao Fullrun Tyre Corp., Ltd.
6. Qingdao Keter International Co., Limited
7. Qingdao Lakesea Tyre Co., Ltd.
8. Qingdao Sunfulcess Tyre Co., Ltd.
9. Dynamic Tire Corp.; Shandong Jinyu Industrial Co.; Sailun Tire 
International Corp.; Husky Tire Corp.; Seatex PTE. Ltd.; Seatex 
International Inc.; Sailun Group (HongKong) Co., Limited; Sailun HK; 
Sailun Jinyu HK; Sailun Group Co., Ltd.; Sailun Group; Sailun Jinyu 
Group Co., Ltd.; and Sailun Jinyu
10. Sailun Tire Americas Inc.
11. Shandong New Continent Tire Co., Ltd.
12. Shandong Province Sanli Tire Manufacture Co., Ltd.
13. Sumitomo Rubber (Changshu) Co., Ltd.; Sumitomo Rubber (Hunan) 
Co., Ltd.; and Sumitomo Rubber Industries, Ltd.
14. Triangle Tyre Co., Ltd.

Rescission Based on No Suspended Entries

1. Prinx Chengshan (Shandong) Tire Co., Ltd.
2. Qingdao Nexen Tire Corporation.
3. Shandong Changfeng Tyres Co., Ltd.
4. Shandong Qilun Rubber Co., Ltd.
5. Shandong Transtone Tyre Co., Ltd.

[FR Doc. 2024-20582 Filed 9-10-24; 8:45 am]
BILLING CODE 3510-DS-P