[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50029-50032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19259]


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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 of Antidumping Duty 
Administrative Review; and Preliminary Determination of No Shipments; 
2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
certain producers and 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, 2019, through July 31, 
2020. Commerce also preliminarily finds that one company did not ship 
subject merchandise to the United States during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable September 7, 2021.

FOR FURTHER INFORMATION CONTACT: Toni Page or Peter Shaw, AD/CVD

[[Page 50030]]

Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1398 or (202) 482-0697, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 6, 2020, Commerce initiated the administrative review of 
the AD order on passenger tires from China covering the period August 
1, 2019, through July 31, 2020.\1\ The petitioner in this review is the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO, CLC (USW). 
This review covers mandatory respondent Sumitomo Rubber Industries Ltd. 
(SRI); Sumitomo Rubber (Hunan) Co., Ltd. (SRH); and Sumitomo Rubber 
(Changshu) Co., Ltd. (SRC) (collectively, Sumitomo).\2\ The 
administrative review also covers 27 other companies that were not 
selected for individual examination. On January 27, 2021, Commerce 
rescinded, in part, the instant administrative review with respect to 
21 companies.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \2\ SRI refers to the single entity, Sumitomo Rubber Industries 
Ltd.; Sumitomo Rubber (China) Co., Ltd.; Sumitomo Rubber (Hunan) 
Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd. (collectively, 
SRI).
    \3\ See Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Rescission, in Part, of Antidumping Duty 
Administrative Review; 2019-2020, 86 FR 7258 (January 27, 2021).
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    For a complete description of the events that followed the 
initiation and the partial rescission of this administrative review, 
see the Preliminary Decision Memorandum.\4\ A list of topics discussed 
in the Preliminary Decision Memorandum is included as an 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 http://enforcement.trade.gov/frn/.
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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 and Preliminary Determination of No Shipments; 2019-2020,'' 
dated concurrently with, and hereby adapted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are certain passenger vehicle and 
light truck tires from China. A full description of the scope of the 
order is contained in the Preliminary Decision Memorandum.\5\
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    \5\ Id. at ``Scope of the Order.''
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act). We calculated constructed export prices in accordance with 
section 772 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.\6\
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    \6\ Id. at Discussion of the Methodology.
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Preliminary Determination of No Shipments

    Based on the available record information, Commerce preliminarily 
determines that Qingdao Fullrun Tyre Tech Corp., Ltd. (Fullrun Tyre 
Tech) had no shipments during the POR. For additional information 
regarding this determination, see the Preliminary Decision Memorandum. 
Consistent with our assessment practice in administrative reviews, 
Commerce is not rescinding this review for Fullrun Tyre Tech, but 
intends to complete the review and issue appropriate instructions to 
U.S. Customs and Border Protection (CBP) based on the final results of 
the review.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also the ``Assessment Rates'' section, below.
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Single Entity Treatment

    We preliminarily find that the following companies are affiliated, 
pursuant to section 771(33)(F) of the Act and to 19 CFR 351.401(f)(1) 
and thus should be treated as a single entity: SRI; SRH; and SRC 
(collectively, Sumitomo). For additional information, see the 
Preliminary Decision Memorandum and Sumitomo Preliminary Calculation 
Memorandum.\8\
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    \8\ See Preliminary Decision Memorandum at Single Entity 
Treatment; see also Memorandum, ``Antidumping Administrative Review 
of Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China: Preliminary Analysis Memorandum for Sumitomo 
Rubber (Hunan) Co., Ltd.,'' dated concurrently with this notice at 
Single Entity Analysis (Sumitomo Preliminary Calculation 
Memorandum).
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\9\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, and we did not 
self-initiate a review, the China-wide entity cash deposit rate (i.e., 
76.46 percent) is not subject to change as a result of this review.\10\
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    \9\ 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).
    \10\ See 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, 47906 (August 10, 2015).
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Separate Rates

    In all proceedings involving NME countries, Commerce maintains a 
rebuttable presumption that all companies within an NME country are 
subject to government control and, thus, should be assessed a single 
weighted-average dumping margin unless the company can affirmatively 
demonstrate an absence of government control, both in law (de jure) and 
in fact (de facto), with respect to its exports so that it is entitled 
to separate rate status.\11\ Commerce preliminarily determines that the 
information placed on the record by Qingdao Landwinner Tyre Co., Ltd.; 
Qingdao Nexen Tire Corporation; Shandong Qilun Rubber Co., Ltd.; and 
Zhaoqing Junhong Co., Ltd. demonstrates that these companies are 
entitled to separate rate status.
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    \11\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value, and Affirmative Critical Circumstances, In Part: 
Certain Lined Paper Products from the People's Republic of China, 71 
FR 53079, 53082 (September 8, 2006); and Final Determination of 
Sales at Less Than Fair Value and Final Partial Affirmative 
Determination of Critical Circumstances: Diamond Sawblades and Parts 
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May 
22, 2006).
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Dumping Margin for Separate Rate Companies

    The statute and Commerce's regulations do not identify the dumping 
margin to apply to respondents 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

[[Page 50031]]

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. Where the dumping margins 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.''
    Commerce calculated an individual estimated weighted-average 
dumping margin for SRI, the only individually examined exporter/
producer in this administrative review. Because the only individually 
calculated weighted-average dumping margin is not zero, de minimis, or 
based entirely on facts otherwise available, we are assigning the 
separate rate respondents a dumping margin equal to Sumitomo's margin.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period August 1, 2019, through 
July 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Sumitomo Rubber Industries Ltd.; Sumitomo Rubber (Hunan)            1.18
 Co., Ltd.; and Sumitomo Rubber (Changshu) Co., Ltd.........
Qingdao Landwinner Tyre Co., Ltd............................        1.18
Qingdao Nexen Tire Corporation..............................        1.18
Shandong Qilun Rubber Co., Ltd..............................        1.18
Zhaoqing Junhong Co., Ltd...................................        1.18
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Disclosure

    Commerce will disclose calculations performed for these preliminary 
results to the parties within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the timeline for the submission of such case briefs 
and written comments at a later date. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the date for filing case briefs.\12\ 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. Case and rebuttal 
briefs should be filed using ACCESS \13\ and must be served on 
interested parties.\14\
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    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'')
    \13\ See 19 CFR 351.303 (for general filing requirements).
    \14\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, within 30 days of the date of publication of this 
notice.\15\ 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. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined.\16\ Parties should confirm the date, time, 
and location of the hearing two days before the scheduled date.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless extended, pursuant 
to section 751(a)(3)(A) of the Act.

Verification

    On January 14, 2021, the petitioner requested, pursuant to 19 CFR 
351.307(b)(1)(v), that Commerce conduct verification of the 
questionnaire responses submitted in this administrative review by 
Sumitomo.\17\ Commerce is currently unable to conduct on-site 
verification of the information relied upon in making its final results 
of this administrative review. Accordingly, we intend to take 
additional steps in lieu of on-site verification to verify the 
information. Commerce will notify interested parties of any additional 
documentation or information required.
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    \17\ See Petitioner's Letter, ``Passenger Vehicle and Light 
Truck Tires from China: Request for Verification,'' dated January 
14, 2021.
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Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\18\ 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 cash deposit rate of 76.46 percent. For the 
companies receiving a separate rate, we intend to assign an assessment 
rate of 1.18 percent, consistent with the methodology described above. 
Additionally, if Commerce determines that an exporter under review had 
no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's CBP case number will be liquidated at the 
rate for the China-wide entity. 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

[[Page 50032]]

time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
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    \18\ See 19 CFR 351.212(b)(1).
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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 Chinese and non-Chinese exporters not listed above that have 
separate rates, the cash deposit rate will continue to be equal to the 
exporter-specific 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, 76.46 percent; and (4) for all exporters of subject 
merchandise which are not located in China and which 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.

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: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-19259 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P