Federal Register - January 6, 2021
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Source: Federal Register
508
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration A583869
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 Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce preliminarily determines that passenger vehicle and light truck PVLT tires from the Taiwan are being, or are likely to be, sold in the United States at less than fair value LTFV. The period of investigation is April 1, 2019
through March 31, 2020. Interested parties are invited to comment on this preliminary determination.
DATES: Applicable January 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Lauren Caserta or Chien-Min Yang, AD/
CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: 202 4824737 or 202 4825484, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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This preliminary determination is made in accordance with section 733b of the Tariff Act of 1930, as amended the Act. Commerce published the notice of initiation of this investigation on June 29, 2020.1 On October 16, 2020, Commerce postponed the preliminary determination of this investigation and the revised deadline is now December 29, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics addressed in the Preliminary Decision Memorandum is included as Appendix 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Initiation of LessThan-Fair-Value Investigations, 85 FR 38854 June 29, 2020 Initiation Notice.
2 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 85 FR 65791 October 16, 2020.
3 See Memorandum, Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Taiwan, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
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II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances 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/.
The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.
Scope of the Investigation The products covered by this investigation are PLVT tires from Taiwan. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments In accordance with the preamble to Commerces regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage i.e., scope.5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments on the record of this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice.
The deadline to submit scope case briefs is established in the Preliminary Scope Decision Memorandum. There will be no further opportunity to comment on scope-related issues.7
Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices and constructed export prices in accordance with 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 May 19, 1997.
5 See Initiation Notice, 85 FR at 38855.
6 See Memorandum, Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Preliminary Scope Comments Decision Memorandum, dated concurrently with this preliminary determination Preliminary Scope Decision Memorandum.
7 Case briefs and rebuttal briefs submitted in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum and the Public Comment section of this notice.
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sections 772a and 772b of the Act, respectively. Normal value NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying Commerces preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate Sections 733d1ii and 735c5A
of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for Cheng Shin Rubber Ind. Co.
Ltd. Cheng Shin and Nankang Rubber Tire Corp. Ltd. Nankang that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each companys publicly-ranged values for the merchandise under consideration.8
Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist:
8 With two respondents under examination, Commerce normally calculates A a weightedaverage of the estimated weighted-average dumping margins calculated for the examined respondents;
B a simple average of the estimated weightedaverage dumping margins calculated for the examined respondents; and C a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each companys publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares B and C to A and selects the rate closest to A as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663
September 1, 2010. As complete publicly ranged sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see the All-Others Rate Calculation Memorandum.
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