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Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4825484 or 202 4824737, respectively.
SUPPLEMENTARY INFORMATION:

Background On January 6, 2021, Commerce published in the Federal Register the Preliminary Determination in the lessthan-fair-value investigation of PVLT
tires from Taiwan.1 Commerce disclosed all calculations to interested parties on December 30, 2020. On January 5, 2021, the United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union the petitioner filed timely ministerial error allegations concerning the Preliminary Determination for respondents Nankang Rubber Tire Corp. Ltd. Nankang and Cheng Shin Rubber Ind. Co. Ltd. Cheng Shin.2 Commerce also received ministerial comments filed on behalf of Nankang 3 and Cheng Shin.4
Period of Investigation The period of investigation is April 1, 2019, through March 31, 2020.
Scope of the Investigation The product covered by this investigation is PVLT tires from Taiwan.
For a complete description of the scope of the investigation, see the Appendix.
Significant Ministerial Error In accordance with 19 CFR
351.224e, Commerce will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination . . . . A ministerial error is defined in 19 CFR 351.224f as an error in addition, subtraction, or 1 See 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, 86 FR 508
January 6, 2021 Preliminary Determination.
2 See Petitioners Letters, Passenger Vehicle and Light Truck Tires from the Republic of Taiwan:
Ministerial Error CommentsNankang Preliminary Margin, dated January 5, 2021 Petitioners Nankang Ministerial Allegations and Passenger Vehicle and Light Truck Tires from the Republic of Taiwan: Ministerial Error CommentsCheng Shin Preliminary Margin, dated January 5, 2021
Petitioners Cheng Shin Ministerial Allegations.
3 See Nankangs Letter, Antidumping Investigation of Passenger Vehicle and Light Truck Tires from TaiwanComments on Ministerial Error in Preliminary Determination, dated January 5, 2021 Nankang Ministerial Allegations.
4 See Cheng Shins Letter, Passenger Vehicle and Light Truck Tires from Taiwan: Cheng Shin Rubber Ind. Co. Ltd., Significant Ministerial Error Comments, dated January 5, 2021 Cheng Shin Ministerial Allegations.

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other arithmetic function clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial. A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: 1 A change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the original preliminary determination;
or 2 a difference between a weightedaverage dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.5
Ministerial Error Allegations The petitioner timely alleged that Commerce made a ministerial error involving one of Nankangs programs but noted that the error was not significant.6 For Cheng Shin, the petitioner alleged that Commerce made significant ministerial errors regarding Cheng Shins arms-length test results and inclusion of Channel 3 sales in the home market sales database.7 Nankang alleged that Commerce committed a ministerial error by failing to use a home market of viable size as the basis for normal value.8 Finally, Cheng Shin alleged that Commerce failed to exclude certain out-of-scope sales in the dumping margin calculation, did not match similar CONNUMs based on similarity of product characteristics, did not exclude Channel 3 sales from the home market sales database, and failed to deduct certain selling prices in Cheng Shins margin calculation.9 After analyzing these allegations, we determine that we made a significant ministerial error in the Preliminary Determination with respect to the sales used to calculate Cheng Shins margin.10
For a detailed discussion of the aforementioned ministerial error allegations, as well as Commerces analysis of these comments, see the Ministerial Error Memorandum.
Pursuant to 19 CFR 351.224g1, Commerces error in the application of the arms-length test for Cheng Shin is 5 See 6 See
19 CFR 351.224g1 and 2.
Petitioners Nankang Ministerial Allegations
at 2.
7 See Petitioners Cheng Shin Ministerial Allegations at 23.
8 See Nankang Ministerial Allegations at 14.
9 See Cheng Shin Ministerial Allegations at 29.
10 See Memorandum, Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires from Taiwan: Allegations of Significant Ministerial Errors in the Preliminary Determination, dated January 29, 2021 Ministerial Error Memorandum.

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significant because its correction results in a change of at least five absolute percentage points in, but not less than 25 percent of, the estimated weightedaverage dumping margin calculated in the Preliminary Determination i.e., a change from an estimated weightedaverage dumping margin of 52.42
percent to 30.21 percent. Therefore, we are correcting the ministerial error and amending our Preliminary Determination accordingly.11
Amended Preliminary Determination We are amending the Preliminary Determination to reflect the correction of a significant ministerial error made in the margin calculation for Cheng Shin in accordance with 19 CFR 351.224e.
In addition, because the preliminary allothers rate was based on the estimated weighted-average dumping margin calculated for Cheng Shin, we are also amending the all-others rate. As a result of the correction of the ministerial error, the revised estimated weighted-average dumping margins are as follows:

Exporter/producer
Estimated weightedaverage dumping margin percent
Cheng Shin Rubber Ind. Co.
Ltd
All Others

33.33
84.83

Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 773d of the Tariff Act of 1930, as amended the Act. Because these amended rates result in reduced cash deposit rates, they will be effective retroactively to January 6, 2021, the date of publication of the Preliminary Determination.
International Trade Commission Notification In accordance with section 773f of the Act, we intend to notify the International Trade Commission of our amended preliminary determination.
Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224.
11 See
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Ministerial Error Memorandum.

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