Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-570-016]</DEPDOC> <SUBJECT>Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines that the exporters of passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (China) listed in the “Final Results of Review” section below, sold subject merchandise at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022. Further, we also determine that certain companies under review had no shipments of subject merchandise to the United States during the POR. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable March 12, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Caroline Carroll or Terre Keaton Stefanova, 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) 482-4948 or (202) 482-1280, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On September 7, 2023, we published the <E T="03">Preliminary Results</E> and invited interested parties to comment. <SU>1</SU> <FTREF/> On December 4, 2023, Commerce extended the deadline of the final results of this administrative review to March 5, 2024, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2). <SU>2</SU> <FTREF/> For details regarding the events that occurred since the <E T="03">Preliminary Results, see</E> the Issues and Decision Memorandum. <SU>3</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Determination of No Shipments; 2021-2022,</E> 88 FR 61506 (September 7, 2023) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum (PDM). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Final Results of 2021-2022 Antidumping Duty Administrative Review,” dated December 4, 2023. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China and Final Determination of No Shipments; 2021-2022,” dated concurrently with, and hereby adopted by, this notice. </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="51">4</E> <E T="03">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,</E> 80 FR 47902 (August 10, 2015) ( <E T="03">Order</E> ). </FTNT> The products covered by this <E T="03">Order</E> are certain passenger vehicle and light truck tires from China. For a complete description of the scope of the <E T="03">Order, see</E> the <E T="03">Preliminary Results.</E> <HD SOURCE="HD1">Analysis of Comments Received</HD> We addressed all the issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. A list of the issues that parties raised is provided in Appendix I of this notice. The Issues and 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> Based on comments received from interested parties regarding the <E T="03">Preliminary Results,</E> we have made certain changes to the margin calculations for Giti and Sumitomo. <SU>5</SU> <FTREF/> For a discussion of these changes, <E T="03">see</E> the Issues and Decision Memorandum. <FTNT> <SU>5</SU>  Giti consists of the following companies: Giti Tire Global Trading Pte. Ltd.; Giti Radial Tire (Anhui) Company Ltd.; Giti Tire (Fujian) Company Ltd.; Giti Tire (Hualin) Company, Ltd.; Giti Tire Greatwall Company. Ltd.; Giti Tire (Anhui) Company; Giti Tire (Yinchuan) Company Ltd.; and Giti Tire (Chongqing) Company Ltd. (collectively, Giti). Sumitomo consists of the following companies: Sumitomo Rubber (Hunan) Co., Ltd.; Sumitomo Rubber (Changshu) Co., Ltd. (SRC); and Sumitomo Rubber Industries Ltd. (collectively, Sumitomo). </FTNT> <HD SOURCE="HD1">Final Determination of No Shipments</HD> In the <E T="03">Preliminary Results,</E> we determined that the following companies did not have shipments of subject merchandise during the POR: (1) Crown International Corporation; (2) Prinx Chengshan (Shandong) Tire Company, Ltd.; (3) Qingdao Nama Industrial Co., Ltd.; (4) Shandong Changfeng Tyres Co., Ltd.; (5) Shandong Duratti Rubber Corporation Co., Ltd.; (6) Shandong Transtone Tyre Co., Ltd.; (7) Shandong Yongsheng Rubber Group Co., Ltd.; and (8) Triangle Tyre Co., Ltd. (Triangle Tyre). <SU>6</SU> <FTREF/> We received comments from the petitioner  <SU>7</SU> <FTREF/> and Triangle Tyre regarding the no-shipments claim for Triangle Tyre. <SU>8</SU> <FTREF/> However, we continue to find that each of the above-listed companies had no shipments of subject merchandise during the POR and we will issue appropriate liquidation instructions consistent with our “automatic assessment” clarification for these final results. <SU>9</SU> <FTREF/> <FTNT> <SU>6</SU>   <E T="03">See Preliminary Results,</E> 88 FR at 61507. </FTNT> <FTNT> <SU>7</SU>  The petitioner is the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. </FTNT> <FTNT> <SU>8</SU>   <E T="03">See</E> the Issues and Decision Memorandum at Comment 7 for a discussion of the comments received regarding Triangle Tyre's no-shipment claim. </FTNT> <FTNT> <SU>9</SU>   <E T="03">See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,</E> 76 FR 65694 (October 24, 2011) ( <E T="03">Non-Market Economy Assessment Notice</E> ). </FTNT> <HD SOURCE="HD1">Separate Rates</HD> In the <E T="03">Preliminary Results,</E> we found that Zhongce Rubber Group Co., Ltd. (Zhongce) did not establish its eligibility for a separate rate. <SU>10</SU> <FTREF/> Moreover, we determined that 14 other companies under review did not establish their eligibility for a separate rate because they failed to provide either a separate rate application, a separate rate certification, or a no-shipment certification (if they were already eligible for a separate rate). As such, we preliminarily determined that Zhongce and these 14 other companies are part of the China-wide entity. No party filed comments on these determinations in the <E T="03">Preliminary Results.</E> Therefore, for the final results, we continue to find that these 15 companies are part of the China-wide entity. <E T="03">See</E> Appendix III for a complete list of these 15 companies. <FTNT> <SU>10</SU>   <E T="03">See Preliminary Results</E> PDM at 11. </FTNT> In the <E T="03">Preliminary Results,</E> we determined that Giti, Sumitomo, and 12 other companies demonstrated their eligibility for separate rates. <SU>11</SU> <FTREF/> No party filed comments on these determinations in the <E T="03">Preliminary Results.</E> Therefore, we made no changes to our preliminary separate rate findings and we continue to find that Giti, Sumitomo, and the 12 companies listed in Appendix II have demonstrated their eligibility for a separate rate in this review. <FTNT> <SU>11</SU>   <E T="03">Id.</E> at 10. </FTNT> <HD SOURCE="HD1">Rate for Non-Selected Separate Rate Respondents</HD> The Act and Commerce's regulations do not address what rate 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 the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for non-selected respondents that are not examined individually 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 rates that are zero, <E T="03">de minimis,</E> or based entirely on facts available. When the rates for individually examined companies are all zero, <E T="03">de minimis,</E> 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 all-others rate. Accordingly, for these final results, we calculated a simple average of the dumping margin for the separate rate respondents using the calculated rates of the mandatory respondents, Giti and Sumitomo, which are not zero, <E T="03">d ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 21k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━