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Notice

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

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This is a notice published in the Federal Register by Commerce Department, International Trade Administration. Notices communicate information, guidance, or policy interpretations but may not create new binding obligations.

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Document Details

Document Number2024-20582
TypeNotice
PublishedSep 11, 2024
Effective Date-
RIN-
Docket IDA-570-016
Text FetchedYes

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Full Document Text (3,721 words · ~19 min read)

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<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: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023</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) 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appropriate to rescind this review with respect to 14 companies because all requests for review of these companies were withdrawn.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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable September 11, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On October 18, 2023, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated this administrative review of the antidumping duty order on passenger tires from China. <SU>1</SU> <FTREF/> This review covers 33 exporters of the subject merchandise. <FTNT> <SU>1</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 71829 (October 18, 2023); <E T="03">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,</E> 80 FR 47902 (August 10, 2015) ( <E T="03">Order</E> ). </FTNT> In April 2024, we extended the preliminary results of this review until August 29, 2024. <SU>2</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>3</SU> <FTREF/> The deadline for these preliminary results is now September 5, 2024. <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of the 2022-2023 Antidumping Duty Administrative Review,” dated April 4, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> For a complete description of the events that followed the initiation of this administrative review, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>4</SU> <FTREF/> 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> A list of topics discussed in the Preliminary Decision Memorandum is included in Appendix I. <FTNT> <SU>4</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by the <E T="03">Order</E> are passenger tires from China. For a full description of the scope of the <E T="03">Order, see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Partial Rescission of Administrative Review</HD> 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 <E T="04">Federal Register</E> . 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. <SU>5</SU> <FTREF/> 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. <FTNT> <SU>5</SU>   <E T="03">See</E> 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. </FTNT> 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. <SU>6</SU> <FTREF/> Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period. <SU>7</SU> <FTREF/> 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. <SU>8</SU> <FTREF/> <FTNT> <SU>6</SU>   <E T="03">See, e.g., Dioctyl Terephthalate from the Republic of Korea: Rescission of Antidumping Administrative Review; 2021-2022,</E> 88 FR 24758 (April 24, 2023); <E T="03">see also Certain Carbon and Alloy Steel Cut- to Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020-2021,</E> 88 FR 4157 (January 24, 2023). </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> 19 CFR 351.212(b)(2). </FTNT> <FTNT> <SU>8</SU>   <E T="03">See</E> 19 CFR 351.213(d)(3). </FTNT> 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. <SU>9</SU> <FTREF/> 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). <FTNT> <SU>9</SU>   <E T="03">See</E> 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. </FTNT> With regard to Shandong Linglong, we received comments from this company, stating that it had reviewable entries during the POR. <SU>10</SU> <FTREF/> We intend to request further information regarding such entries, which we will consider for the final results. <FTNT> <SU>10</SU>   <E T="03">See</E> Shandong Linglong's Letter, “Shandong Linglong Comments on the Department's Notice of Intent to Rescind,” dated February 5, 2024. </FTNT> <HD SOURCE="HD1">Methodology</HD> 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, <E T="03">see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Separate Rates</HD> 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 ce ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 27k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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