ITC Investigation 701-TA-647 is a U.S. International Trade Commission antidumping (AD) proceeding on Passenger Vehicle and Light Truck Tires from Korea, Taiwan, Thailand, and Vietnam; Inv. Nos. 701-TA-647 and 731-TA-1517-1520 (Final) from Vietnam, South Korea, Taiwan, and Thailand. It's in the final phase and currently in completed status. It links to AD/CVD case A-549-842 — see the linked order for the active deposit rate, scope text, and Federal Register citation.
Phase, parties, documents, and full text from USITC IDS
Passenger Vehicle and Light Truck Tires from Korea, Taiwan, Thailand, and Vietnam; Inv. Nos. 701-TA-647 and 731-TA-1517-1520 (Final)
ITC final injury determination completed.
Parties
Documents
Full text (390,716 chars)
=== Orders - AD - Oman - South Korea - Taiwan, - Thailand === 38011Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 28569 (May 27, 2021); Passenger Vehicle and Light Truck Tires from Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 28563 (May 27, 2021); Passenger Vehicle and Light Truck Tires from Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value; Correction, 86 FR 30916 (June 10, 2021); and Passenger Vehicle and Light Truck Tires from Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 28548 (May 27, 2021) (Thailand Final Determination). 2 See SRT’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from Thailand: Ministerial Error Comments,’’ dated June 2, 2021 (Ministerial Error Allegation). 3 See ITC Notification Letter, Investigation Nos. 701–TA–647 and 731–TA–1517–1520 (Final), dated July 12, 2021 (ITC Notification Letter). 4 See Ministerial Error Allegation. 5 See Memorandum, ‘‘Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires from Thailand: Allegation of Ministerial Errors in the Final Determination,’’ dated concurrently with this Federal Register notice (Ministerial Error Memorandum). 6 Id. 7 See ITC Notification Letter. 8 See Passenger Vehicle and Light Truck Tires from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 501 (January 6, 2021); 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); Passenger Vehicle and Light Truck Tires from Taiwan: Amended Preliminary Determination of Sales at Less Than Fair Value, 86 FR 8885 (February 10, 2021); and Passenger Vehicle and Light Truck Tires from Thailand: Preliminary Continued [FR Doc. 2021–15261 Filed 7–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–908, A–583–869, A–549–842] Passenger Vehicle and Light Truck Tires From the Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determination for Thailand AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty orders on passenger vehicle and light truck tires (passenger tires) from the Republic of Korea (Korea), Taiwan, and Thailand. In addition, Commerce is amending its final determination with respect to passenger tires from Thailand to correct a ministerial error. DATES : Applicable July 19, 2021. FOR FURTHER INFORMATION CONTACT : Elfi Blum at (202) 482–0197 (Korea); Lauren Caserta at (202) 482–4737 (Taiwan); and Leo Ayala at (202) 482–3945 (Thailand) AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION : Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on May 27, 2021, Commerce published its affirmative final determinations in the less-than- fair-value (LTFV) investigations of passenger tires from Korea, Taiwan, and Thailand. 1 In the investigation of passenger tires from Thailand, Sumitomo Rubber (Thailand), Ltd. (SRT) submitted a timely allegation on the record that Commerce made ministerial errors in the final AD determination.2 We reviewed the allegation and determined that we made ministerial errors in the final AD determination on passenger tires from Thailand. See ‘‘Amendment to the Final Determination for Thailand’’ section below for further discussion. On July 12, 2021, the ITC notified Commerce of its final determinations, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of passenger tires from Korea, Taiwan, and Thailand.3 Scope of the Orders The products covered by these orders are passenger tires from Korea, Taiwan, and Thailand. For a complete description of the scope of these orders, see the appendix to this notice. Amendment to the Final Determination for Thailand On June 2, 2021, Sumitomo Rubber (Thailand) Co., Ltd. (SRT) timely alleged that Commerce made certain ministerial errors in the Thailand Final Determination with respect to the duty margin assigned to SRT in the passenger tires from Thailand investigation. 4 No other party made an allegation of ministerial errors or submitted a rebuttal to SRT’s ministerial error allegation under 19 CFR 351.224(c)(3). Commerce reviewed the record and, on July 12, 2021, agreed that the errors alleged by SRT constituted ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f). 5 Specifically, Commerce found that it made inadvertent errors in calculating SRT’s variable cost of manufacturing and by incorrectly identifying in the margin program which data files to use in calculating SRT’s final dumping margin. Pursuant to 19 CFR 351.224(e), Commerce is amending the Thailand Final Determination to reflect the correction of the ministerial errors, as described in the Ministerial Error Memorandum.6 Based on the corrections, SRT’s final dumping margin rate changed from 14.62 percent to 14.59 percent. As a result, we are also revising the all-others rate from 17.08 percent to 17.06 percent. The amended estimated weighted-average dumping margins are listed in the ‘‘Estimated Weighted-Average Dumping Margins’’ section below. Antidumping Duty Orders On July 12, 2021, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of passenger tires from Korea, Taiwan, and Thailand.7 Therefore, in accordance with section 735(c)(2) of the Act, Commerce is issuing these antidumping duty orders. Because the ITC determined that imports of passenger tires from Korea, Taiwan, and Thailand are materially injuring a U.S. industry, unliquidated entries of such merchandise from Korea, Taiwan, and Thailand, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of passenger tires from Korea, Taiwan, and Thailand. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of passenger tires from Korea, Taiwan, and Thailand, entered, or withdrawn from warehouse, for consumption, on or after January 6, 2021, the date of publication of the Preliminary Determinations.8 VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1 lotter on DSK11XQN23PROD with NOTICES1 38012 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 517 (January 6, 2021) (collectively, Preliminary Determinations). 9 Id. 10 See, e.g., Certain Corrosion-Resistant Steel Products from India, India, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 (July 25, 2016). Continuation of Suspension of Liquidation and Cash Deposits Except as noted in the ‘‘Provisional Measures’’ section of this notice, in accordance with section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of passenger tires from Korea, Taiwan, and Thailand. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the rates listed in the table below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: KOREA Exporter/producer Estimated weighted- average dumping margin (percent) Hankook Tire & Technology Co. Ltd .............................. 27.05 Nexen Tire Corporation ........ 14.72 All Others .............................. 21.74 TAIWAN Exporter/producer Estimated weighted- average dumping margin (percent) Cheng Shin Rubber Ind. Co. Ltd ..................................... 20.04 Nankang Rubber Tire Corp. Ltd ..................................... 101.84 All Others .............................. 84.75 THAILAND Exporter/producer Estimated weighted- average dumping margin (percent) LLIT (Thailand) Co., Ltd ....... 21.09 Sumitomo Rubber (Thailand) Co., Ltd ............................. 14.59 All Others .............................. 17.06 Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four- month period to no more than six months. At the request of exporters that account for a significant proportion of passenger tires from Korea, Taiwan, and Thailand, Commerce extended the four- month period to six months in each of these investigations. Commerce published the preliminary determinations in these investigations on January 6, 2021.9 The extended provisional measures period, beginning on the date of publication of the Preliminary Determinations, ended on July 4, 2021. Therefore, in accordance with section 733(d) of the Act and our practice,10 Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of passenger tires from Korea, Taiwan, and Thailand entered or withdrawn from warehouse, for consumption after July 4, 2021, the final day on which the provisional measures were in effect, until and through the day preceding the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determinations in the Federal Register. Notification to Interested Parties This notice constitutes the antidumping duty orders with respect to passenger tires from Korea, Taiwan, and Thailand pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/ stats/iastats1.html. The amended final determination and these antidumping duty orders are published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR 351.211(b). Dated: July 13, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Orders The scope of these orders is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by these orders may be tube-type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by these orders regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1 lotter on DSK11XQN23PROD with NOTICES1 38013Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination, 86 FR 28566 (May 27, 2021), and accompanying Issues and Decision Memorandum. (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 245/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ............... 254/70R/12 72 27x10R14 ............... 254/65R/14 73 28x10R14 ............... 254/70R/14 75 28x10R14 ............... 254/70R/14 86 30x10R14 ............... 254/80R/14 79 30x10R15 ............... 254/75R/15 78 30x10R14 ............... 254/80R/14 90 31x10R14 ............... 254/85R/14 81 32x10R14 ............... 254/90R/14 95 32x10R15 ............... 254/85R/15 83 32x10R15 ............... 254/85R/15 94 33x10R15 ............... 254/90R/15 86 33x10R15 ............... 254/90R/15 95 35x9.50R15 ............ 241/105R/15 82 35x10R15 ............... 254/100R/15 97 The products covered by these orders are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2021–15270 Filed 7–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–829] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Countervailing Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on passenger vehicle and light truck tires from the Socialist Republic of Vietnam (Vietnam). DATES : Applicable July 19, 2021. FOR FURTHER INFORMATION CONTACT : Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION : Background In accordance with sections 705(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on May 27, 2021, Commerce published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of passenger vehicle and light truck tires from Vietnam. 1 On July 12, 2021, the ITC notified Commerce of its affirmative final determination that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act, by reason of VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - CVD - Vietnam === 38013Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination, 86 FR 28566 (May 27, 2021), and accompanying Issues and Decision Memorandum. (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 245/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ............... 254/70R/12 72 27x10R14 ............... 254/65R/14 73 28x10R14 ............... 254/70R/14 75 28x10R14 ............... 254/70R/14 86 30x10R14 ............... 254/80R/14 79 30x10R15 ............... 254/75R/15 78 30x10R14 ............... 254/80R/14 90 31x10R14 ............... 254/85R/14 81 32x10R14 ............... 254/90R/14 95 32x10R15 ............... 254/85R/15 83 32x10R15 ............... 254/85R/15 94 33x10R15 ............... 254/90R/15 86 33x10R15 ............... 254/90R/15 95 35x9.50R15 ............ 241/105R/15 82 35x10R15 ............... 254/100R/15 97 The products covered by these orders are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2021–15270 Filed 7–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–829] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Countervailing Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on passenger vehicle and light truck tires from the Socialist Republic of Vietnam (Vietnam). DATES : Applicable July 19, 2021. FOR FURTHER INFORMATION CONTACT : Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION : Background In accordance with sections 705(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on May 27, 2021, Commerce published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of passenger vehicle and light truck tires from Vietnam. 1 On July 12, 2021, the ITC notified Commerce of its affirmative final determination that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act, by reason of VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1 lotter on DSK11XQN23PROD with NOTICES1 38014 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 2 See ITC Notification Letter, Investigation Nos. 701–TA–647 and 731–TA–1517–1520 (Final), dated July 12, 2021. 3 Id. 4 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 85 FR 71607 (November 10, 2020) (Preliminary Determination). subsidized imports of passenger vehicle and light truck tires from Vietnam.2 Scope of the Order The product covered by this order is passenger vehicle and light truck tires from Vietnam. For a complete description of the scope of the order, see the appendix to this notice. Countervailing Duty Order On July 12, 2021, in accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of subsidized imports of passenger vehicle and light truck tires from Vietnam.3 Therefore, in accordance with section 705(c)(2) of the Act, Commerce is issuing this countervailing duty order. Because the ITC determined that imports of passenger vehicle and light truck tires from Vietnam are materially injuring a U.S. industry, unliquidated entries of such merchandise from Vietnam, which are entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. Therefore, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties for all relevant entries of passenger vehicle and light truck tires from Vietnam. With the exception of entries occurring after the expiration of the provisional measures period and before the publication of the ITC’s final affirmative injury determination, as further described below, countervailing duties will be assessed on unliquidated entries of passenger vehicle and light truck tires from Vietnam, entered, or withdrawn from warehouse, for consumption on or after November 10, 2020, the date of publication of the Preliminary Determination.4 Suspension of Liquidation and Cash Deposits In accordance with section 706 of the Act, Commerce will instruct CBP to reinstitute the suspension of liquidation of passenger vehicle and light truck tires from Vietnam, as described in the appendix to this notice, effective on the date of publication of the ITC’s notice of final affirmative determination in the Federal Register, and to assess, upon further instruction by Commerce, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates below. On or after the date of publication of the ITC’s final injury determination in the Federal Register, CBP must require, at the same time as importers would deposit estimated normal customs duties on this merchandise, a cash deposit equal to the rates listed in the table below. The all- others rate applies to all producers or exporters not specifically listed, as appropriate. Company Subsidy rate (percent) Kumho Tire (Vietnam) Co., Ltd ..................................... 7.89 Sailun (Vietnam) Co., Ltd ..... 6.23 All Others .............................. 6.46 Provisional Measures Section 703(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months. In the underlying investigation, Commerce published the Preliminary Determination on November 10, 2020. Therefore, the four- month period beginning on the date of the publication of the Preliminary Determination ended on March 9, 2021. In accordance with section 703(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of passenger vehicle and light truck tires from Vietnam entered, or withdrawn from warehouse, for consumption, after March 9, 2021, the final day on which provisional measures were in effect, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final determination in the Federal Register. Notification to Interested Parties This notice constitutes the countervailing duty order with respect to passenger vehicle and light truck tires from Vietnam pursuant to section 706(a) of the Act. Interested parties can find a list of countervailing duty orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: July 13, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The scope of this order is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this order may be tube-type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this order regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1 lotter on DSK11XQN23PROD with NOTICES1 38015Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 54983 (September 3, 2020). 2 See Memorandum, ‘‘Certain Steel Nails from the Republic of Korea: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated March 2, 2021. vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 245/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ............... 254/70R/12 72 27x10R14 ............... 254/65R/14 73 28x10R14 ............... 254/70R/14 75 28x10R14 ............... 254/70R/14 86 30X10R14 ............... 254/80R/14 79 30x10R15 ............... 254/75R/15 78 30x10R14 ............... 254/80R/14 90 31x10R14 ............... 254/85R/14 81 32x10R14 ............... 254/90R/14 95 32x10R15 ............... 254/85R/15 83 32x10R15 ............... 254/85R/15 94 33x10R15 ............... 254/90R/15 86 33x10R15 ............... 254/90R/15 95 35x9.50R15 ............ 241/105R/15 82 35x10R15 ............... 254/100R/15 97 The products covered by this order are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2021–15271 Filed 7–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–874] Certain Steel Nails From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2019–2020 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that sales of certain steel nails (steel nails) from the Republic of Korea (Korea) have been made at less than normal value (NV) by Daejin Steel Company (Daejin) during the period of review (POR) July 1, 2019, through June 30, 2020. Interested parties are invited to comment on these preliminary results. DATES : Applicable July 19, 2021. FOR FURTHER INFORMATION CONTACT : Eva Kim, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8283. SUPPLEMENTARY INFORMATION : Background On September 3, 2020, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the antidumping duty (AD) order on steel nails from Korea with respect to 93 companies. 1 On March 2, 2021, Commerce extended the due date for issuing the preliminary results of this review by 33 days, until May 5, 2021.2 VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination - AD - Final - Thailand === 28548 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 517 (January 6, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from Thailand,’’ dated concurrently with, and herby adopted by, this notice (Issues and Decision Memorandum). 3 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum.’’ dated concurrently with this notice (Final Scope Decision Memorandum). 5 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by ownership, control, position of responsibility, affiliation or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of Sections 766.24(e) of the EAR, Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Mahan Air General Trading LLC, Mehdi Bahrami, Sky Blue Bird Group, and/or Issam Shammout may, at any time, appeal their inclusion as a related person by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each related person, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Dated: May 21st, 2021. Kevin J. Kurland, Acting Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2021–11194 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–842] Passenger Vehicle and Light Truck Tires From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that passenger vehicle and light truck tires (passenger tires) from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2019, through March 31, 2020. DATES : Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT : Leo Ayala or Myrna Lobo, 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) 482–3945 or (202) 482–2371, respectively. SUPPLEMENTARY INFORMATION : Background On January 6, 2021, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of passenger tires from Thailand, in which we also postponed the final determination until May 21, 2021. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are passenger tires from Thailand. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments. 3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 4 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the Preliminary Determination.5 See Appendix I for the final scope of the investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28549Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 6 See Commerce’s Letter, ‘‘In Lieu of Verification Supplemental,’’ dated March 8, 2021; see also SRT’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea (A–549–842): Verification Questionnaire Response,’’ dated March 16, 2021; and LLIT’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from South Korea: Response to Request for Information In Lieu of Verification,’’ dated March 24, 2021. 7 See Issues and Decision Memorandum. 8 With two respondents under examination, Commerce normally calculates: (A) A weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average 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 company’s 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, e.g., 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 all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see Memorandum, ‘‘Final Determination of the Less-Than-Fair Value Investigation of Passenger Vehicles and Light Truck Tires from Korea: Rate for Non-Examined Companies,’’ dated concurrently with this FR notice. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our request for information in lieu of verification, we made changes to the margin calculations regarding Sumitomo Rubber (Thailand) Co., Ltd. (SRT) and LLIT (Thailand) Co., Ltd. (LLIT). For a discussion of these changes, see Comments 1 through 5 of the Issues and Decision Memorandum.7 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. In this investigation, Commerce calculated estimated weighted-average dumping margins for SRT and LLIT 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 individually examined mandatory respondents using each company’s publicly-ranged total U.S. sale values for the merchandise under consideration.8 Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Estimated weighted- average dumping margin (percent) Sumitomo Rubber (Thailand) Co., Ltd ................................... 14.62 LLIT (Thailand) Co., Ltd ............. 21.09 All Others .................................... 17.08 Disclosure We intend to disclose the calculations performed in this final determination within is five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of passenger tires from Thailand, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after January 6, 2021, the date of publication in the Federal Register of the affirmative Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company- specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all others estimated weighted- average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) of passenger tires no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, AD duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice will serve as a final reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28550 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 21, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix I Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) Tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 245/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard Metric size Load index 26x10R12 ........ 254/70R/12 72 27x10R14 ........ 254/65R/14 73 28x10R14 ........ 254/70R/14 75 28x10R14 ........ 254/70R/14 86 30X10R14 ....... 254/80R/14 79 30x10R15 ........ 254/75R/15 78 30x10R14 ........ 254/80R/14 90 31x10R14 ........ 254/85R/14 81 32x10R14 ........ 254/90R/14 95 32x10R15 ........ 254/85R/15 83 32x10R15 ........ 254/85R/15 94 33x10R15 ........ 254/90R/15 86 33x10R15 ........ 254/90R/15 95 35x9.50R15 ..... 241/105R/15 82 35x10R15 ........ 254/100R/15 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28551Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 13860 (March 10, 2020). 2 Id. 3 As described in the Preliminary Decision Memorandum, we have treated Canfor Corporation, Canadian Forest Products Ltd., and Canfor Wood Products Marketing Ltd. (collectively, Canfor) as a single entity. See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Softwood Lumber Products from Canada; 2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum) at 5. 4 As described in the Preliminary Decision Memorandum, we have treated West Fraser Mills Ltd., Blue Ridge Lumber Inc., Manning Forest Products Ltd., and Sundre Forest Products Inc. (collectively, West Fraser) as a single entity. See Preliminary Decision Memorandum at 5–6. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020; and Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 6 See Memorandum ‘‘Extension of Deadline for Preliminary Results of Second Antidumping Duty Administrative Review,’’ dated January 8, 2021. 7 See Preliminary Decision Memorandum at 3–5. description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Scope of the Investigation V. Discussion of the Issues Comment 1: SRT’s U.S. Date of Sale Comment 2: SRT’s Direct Expenses Comment 3: SRT’s Warranty Costs Comment 4: SRT’s Differential Pricing Analysis Comment 5: Whether LLIT Satisfies the Requirements for the Duty Drawback Adjustment and the Appropriate Calculation Methodology for LLIT and SRT VI. Recommendation [FR Doc. 2021–11264 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–857] Certain Softwood Lumber Products From Canada: Preliminary Results of Antidumping Duty Administrative Review AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain softwood lumber products (softwood lumber) from Canada. The period of review (POR) is January 1, 2019, through December 31, 2019. Commerce preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results. DATES : Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT : Jeff Pedersen (Canfor), and Maisha Cryor (West Fraser), AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2769 and (202) 482–5831, respectively. SUPPLEMENTARY INFORMATION : Background On March 10, 2020, Commerce published in the Federal Register the notice of initiation of an AD administrative review on softwood lumber from Canada. 1 On March 10, 2020, based on timely requests for administrative reviews, Commerce initiated an AD administrative review covering 268 companies and has not rescinded the review of any of these companies.2 Thus, the review covers 268 producers/exporters of the subject merchandise, including mandatory respondents Canfor 3 and West Fraser.4 The remaining companies were not selected for individual examination and remain subject to this administrative review. On April 24, 2020 and July 21, 2020, Commerce tolled all deadlines in administrative reviews by 50 days and 60 days, respectively, thereby extending the deadline for issuing the preliminary results of this review.5 On January 8, 2021, we extended the preliminary results until May 20, 2021. 6 Scope of the Order The product covered by this review is softwood lumber from Canada. For a full description of the scope, see the Preliminary Decision Memorandum. 7 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics is included in the Preliminary Decision Memorandum as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public 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 is available at http:// enforcement.trade.gov/frn/. Preliminary Results of the Administrative Review We preliminarily determine that the following weighted-average dumping margins exist for the period January 1, 2019, through December 31, 2019: Exporter/producer Weighted- average margin (percent) Canfor Corporation/Canadian Forest Products Ltd./Canfor Wood Products Marketing Ltd 18.62 West Fraser Mills Ltd./Blue Ridge Lumber Inc./Manning Forest Products Ltd./and Sundre Forest Products Inc .... 6.58 Non-Selected Companies ........... 12.05 Rate for Companies Not Individually Examined Generally, when calculating margins for non-selected respondents, Commerce looks to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all- others margin in an investigation. Section 735(c)(5)(A) of the Act provides that when calculating the all-others margin, Commerce will exclude any zero and de minimis weighted-average dumping margins, as well as any weighted-average dumping margins based on total facts available. Accordingly, Commerce’s usual practice has been to average the margins for selected respondents, excluding margins that are zero, de minimis, or based entirely on facts available. In this review, we calculated a weighted-average dumping margin of 18.62 percent for Canfor and 6.58 percent for West Fraser. In accordance with section 735(c)(5)(A) of the Act, Commerce assigned the weighted- average of these two calculated weighted-average dumping margins, 12.05 percent, to the non-selected companies in these preliminary results. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Final - Taiwan === 28563Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 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), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from Taiwan,’’ dated concurrently with, and herby adopted by, this notice (Issues and Decision Memorandum). 3 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum.’’ dated concurrently with this notice (Final Scope Decision Memorandum). 5 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). 6 See Commerce’s Letters, ‘‘In Lieu of Verification Questionnaire for Cheng Shin Rubber Ind. Co. Ltd. in the Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires from Taiwan,’’ dated February 25, 2021; and ‘‘In Lieu of Verification Questionnaire for Nankang Rubber Tire Corp., Ltd. in the Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires from Taiwan,’’ dated February 24, 2021. The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Adjustment under Section 777A(f) of the Act VI. Adjustments to Cash Deposit Rates for Export Subsidies VII. Discussion of the Issues Comment 1: Appropriate Adverse Facts Available (AFA) Rate for the Vietnam- Wide Entity Comment 2: Selecting Kumho Tire (Vietnam) Co., Ltd. (KTV) as a Voluntary Respondent Comment 3: KTV’s Request to Be Excluded from the Order Comment 4: Whether Kenda’s Rate Should Be Based on AFA Comment 5: Whether Sailun’s Rate Should Be Based on AFA Comment 6: Classification of U.S. Sales as Export Price (EP) or Constructed Export Price (CEP) Comment 7: Surrogate Value (SV) for Ocean Freight for Sailun’s Sales Comment 8: SV of Bead Wire Comment 9: Other Issues Raised by Sailun VIII. Recommendation [FR Doc. 2021–11266 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–869] Passenger Vehicle and Light Truck Tires From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that imports of passenger vehicle and light truck tires (passenger tires) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) April 1, 2019, through March 31, 2020. DATES : Applicable May 27, 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) 482–4737 or (202) 482–5484, respectively. SUPPLEMENTARY INFORMATION : Background On January 6, 2021, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of passenger tires from Taiwan, in which we also postponed the final determination until May 21, 2021. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are passenger tires from Taiwan. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.4 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the Preliminary Determination.5 See Appendix I for the final scope of the investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our request for information in lieu of verification, we made changes to the margin calculations for both Cheng Shin Rubber Ind. Co., Ltd.’s (Cheng Shin) and Nankang Rubber Tire Corp. Ltd. (Nankang). For a discussion of VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28564 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 7 With two respondents under examination, Commerce normally calculates: (A) A weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average 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 company’s 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, e.g., 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 all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see Memorandum, ‘‘Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires from Taiwan: Final Determination Calculation for the All-Others Rate,’’ dated concurrently with this FR notice. these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. In this investigation, Commerce calculated estimated weighted-average dumping margins for Cheng Shin and 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 weighted by each company’s publicly-ranged total U.S. sale values for the merchandise under consideration. 7 Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Estimated weighted- average dumping margin (percent) Cheng Shin Rubber Ind. Co., Ltd 20.04 Nankang Rubber Tire Corp. Ltd 101.84 All Others .................................... 84.75 Disclosure We intend to disclose the calculations performed in this final determination within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of passenger tires from Taiwan, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after January 6, 2021, the date of publication in the Federal Register of the affirmative Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company- specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted- average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) of passenger tires no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice will serve as a final reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 21, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28565Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by these investigations regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 265/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ........ 254/70R/12 72 27x10R14 ........ 254/65R/14 73 28x10R14 ........ 254/70R/14 75 28x10R14 ........ 254/70R/14 86 30x10R14 ........ 254/80R/14 79 30x10R15 ........ 254/75R/15 78 30x10R14 ........ 254/80R/14 90 31x10R14 ........ 254/85R/14 81 32x10R14 ........ 254/90R/14 95 32x10R15 ........ 254/85R/15 83 32x10R15 ........ 254/85R/15 94 33x10R15 ........ 254/90R/15 86 33x10R15 ........ 254/90R/15 95 35x9.50R15 ..... 241/105R/15 82 35x10R15 ........ 254/100R/15 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Nankang’s Withdrawal and Request for Destruction of Business Proprietary Information V. Changes from the Preliminary Determination VI. Discussion of the Issues Comment 1: Whether Commerce Should Utilize Cheng Shin’s Affiliate Sales for the Calculation of Normal Value Comment 2: Whether Commerce Should Treat Home Market Sales as Being at the Same Level of Trade Comment 3: Whether Commerce Should Grant Certain Post-Sale Price Adjustments and Inland Freight Expenses for Affiliated Sales Comment 4: Whether Commerce Should Exclude Certain Alleged ‘‘Out-of-Scope’’ VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28566 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 85 FR 71607 (November 10, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Determination, 85 FR at 71608. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 6 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). 7 See Commerce’s Letters, dated February 18, 2021; see also GOV’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: GOV’s Verification Questionnaire Response,’’ dated February 26, 2021; KTVs Letter, ‘‘Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires from Vietnam— Response to February 18 In Lieu of Verification Questionnaire,’’ dated February 26, 2021; and Sailun’s Letter, ‘‘Sailun Verification Questionnaire Response in the Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires (‘‘PVLT’’) From Vietnam (C–552–829),’’ dated February 26, 2021. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. Tires from Cheng Shin’s Margin Calculation Comment 5: Whether Commerce Should Match Control Numbers in the U.S. and Home Markets Based on Similarities in Product Characteristics Comment 6: Whether Commerce Should Take Tire Category into Account in Conducting its Matching Analysis Comment 7: Whether Commerce Should Exclude Home Market CONNUMs with Small Quantities From the Dumping Calculation Comment 8: Whether Commerce Should Remove Maxxis-branded Home Market Sales for the Calculation of Normal Value Comment 9: Whether Commerce Should Remove Sales Not Intended for Sale in the U.S. Market from Dumping Calculation Comment 10: Whether Commerce Should Use the A-to-A Methodology in the Final Determination and Refrain from Zeroing Comment 11: Whether Commerce Should Allow Certain Non-Operating Income Offsets to the Reported General and Administrative (G&A) Expenses VII. Recommendation [FR Doc. 2021–11263 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–829] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of passenger vehicle and light truck tires (passenger tires) from the Socialist Republic of Vietnam (Vietnam). DATES : Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT : Michael Romani or Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0198 or (202) 482–0410, respectively. SUPPLEMENTARY INFORMATION : Background On November 10, 2020, Commerce published the Preliminary Determination in the Federal Register.1 In addition to the Government of Vietnam (GOV), the mandatory respondents in this investigation are Kumho Tire (Vietnam) Co., Ltd. (KTV) and Sailun (Vietnam) Co., Ltd. (Sailun). In the Preliminary Determination, and in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final countervailable duty (CVD) determination with the final antidumping duty (AD) determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination is found in the Issues and Decision Memorandum.3 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. Period of Investigation The period of investigation is January 1, 2019, through December 31, 2019. Scope of the Investigation The products covered by this investigation are passenger tires from Vietnam. For a complete description of the scope of the investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments. 4 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum.5 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the preliminary determinations issued in the concurrent AD investigations.6 See Appendix I for the final scope of the investigation. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 7 Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.8 For a full VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - CVD - Final - Vietnam === 28566 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 85 FR 71607 (November 10, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Determination, 85 FR at 71608. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 6 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). 7 See Commerce’s Letters, dated February 18, 2021; see also GOV’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: GOV’s Verification Questionnaire Response,’’ dated February 26, 2021; KTVs Letter, ‘‘Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires from Vietnam— Response to February 18 In Lieu of Verification Questionnaire,’’ dated February 26, 2021; and Sailun’s Letter, ‘‘Sailun Verification Questionnaire Response in the Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires (‘‘PVLT’’) From Vietnam (C–552–829),’’ dated February 26, 2021. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. Tires from Cheng Shin’s Margin Calculation Comment 5: Whether Commerce Should Match Control Numbers in the U.S. and Home Markets Based on Similarities in Product Characteristics Comment 6: Whether Commerce Should Take Tire Category into Account in Conducting its Matching Analysis Comment 7: Whether Commerce Should Exclude Home Market CONNUMs with Small Quantities From the Dumping Calculation Comment 8: Whether Commerce Should Remove Maxxis-branded Home Market Sales for the Calculation of Normal Value Comment 9: Whether Commerce Should Remove Sales Not Intended for Sale in the U.S. Market from Dumping Calculation Comment 10: Whether Commerce Should Use the A-to-A Methodology in the Final Determination and Refrain from Zeroing Comment 11: Whether Commerce Should Allow Certain Non-Operating Income Offsets to the Reported General and Administrative (G&A) Expenses VII. Recommendation [FR Doc. 2021–11263 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–829] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of passenger vehicle and light truck tires (passenger tires) from the Socialist Republic of Vietnam (Vietnam). DATES : Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT : Michael Romani or Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0198 or (202) 482–0410, respectively. SUPPLEMENTARY INFORMATION : Background On November 10, 2020, Commerce published the Preliminary Determination in the Federal Register.1 In addition to the Government of Vietnam (GOV), the mandatory respondents in this investigation are Kumho Tire (Vietnam) Co., Ltd. (KTV) and Sailun (Vietnam) Co., Ltd. (Sailun). In the Preliminary Determination, and in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final countervailable duty (CVD) determination with the final antidumping duty (AD) determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination is found in the Issues and Decision Memorandum.3 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. Period of Investigation The period of investigation is January 1, 2019, through December 31, 2019. Scope of the Investigation The products covered by this investigation are passenger tires from Vietnam. For a complete description of the scope of the investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments. 4 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum.5 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the preliminary determinations issued in the concurrent AD investigations.6 See Appendix I for the final scope of the investigation. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act. 7 Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.8 For a full VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28567Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 9 With two respondents under examination, Commerce normally calculates: (A) A weighted- average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s 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, e.g., 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 all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, see Memorandum, ‘‘Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Calculation of All-Others Rate,’’ dated concurrently with this notice. description of the methodology underlying this final determination, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our review and analysis of the record and the comments received, we made certain changes to the countervailable subsidy rate calculations. For discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any rates that are zero, de minimis, or based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for KTV and Sailun 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 individual estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged values for the merchandise under consideration.9 Final Determination We determine the countervailable subsidy rates to be: Company Subsidy rate (percent) Kumho Tire (Vietnam) Co., Ltd 7.89 Company Subsidy rate (percent) Sailun (Vietnam) Co., Ltd ......... 6.23 All Others .................................. 6.46 Disclosure We intend to disclose the calculations performed in this final determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all passenger tires from Vietnam, that were entered, or withdrawn from warehouse, for consumption on or after November 10, 2020, the date of the publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, effective March 10, 2021, we instructed CBP to discontinue the suspension of liquidation of all entries, but to continue the suspension of liquidation of all entries between November 10, 2020, through March 9, 2021. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, reinstate the suspension of liquidation, and require a cash deposit of estimated countervailable duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all cash deposits will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. Because the final determination in this proceeding is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of passenger tires from Vietnam no later than 45 days after our final determination. In addition, we are making available to the ITC all non- privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding APO In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to the parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: May 21, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28568 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 245/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ........ 254/70R/12 72 27x10R14 ........ 254/65R/14 73 28x10R14 ........ 254/70R/14 75 28x10R14 ........ 254/70R/14 86 30x10R14 ........ 254/80R/14 79 30x10R15 ........ 254/75R/15 78 30x10R14 ........ 254/80R/14 90 31x10R14 ........ 254/85R/14 81 32x10R14 ........ 254/90R/14 95 32x10R15 ........ 254/85R/15 83 32x10R15 ........ 254/85R/15 94 33x10R15 ........ 254/90R/15 86 33x10R15 ........ 254/90R/15 95 35x9.50R15 ..... 241/105R/15 82 35x10R15 ........ 254/100R/15 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II—List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation Information V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether International and U.S. Law Permits Commerce to Countervail Exchanges of Undervalued Currency Comment 2: Whether Commerce’s Promulgation of the Currency Regulations in the Absence of Legislative Authority Is Outside Its Legal Authority Comment 3: Whether an Exchange of Currency Constitutes a Financial Contribution Comment 4: Whether the Currency Program Is Specific Comment 5: Whether the Vietnamese Dong Was Undervalued During the POI Comment 6: Whether Countervailing Currency Exchanges Results in a Double Remedy Comment 7: How the Subsidy Rate for the Currency Program Should Be Calculated Comment 8: Whether Import Duty Exemptions for Raw Materials Are Countervailable Comment 9: Whether Commerce Should Revise the Benchmark for the Provision of Natural Rubber to KTV Comment 10: Whether KTV’s Preferential Rent is Countervailable VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28569Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 501 (January 6, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from the Republic of Korea,’’ dated concurrently with, and herby adopted by, this notice (Issues and Decision Memorandum). 3 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum.’’ dated concurrently with this notice (Final Scope Decision Memorandum). 5 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). 6 See Commerce’s Letters, ‘‘In Lieu of Verification Supplemental,’’ dated March 8, 2021; see also Hankook’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea (A–580– 908): Verification Questionnaire Response,’’ dated March 16, 2021, and Nexen’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from South Korea: Response to Request for Information In Lieu of Verification,’’ dated March 17, 2021. 7 See Memoranda, ‘‘Analysis for the Final Determination of the Less-Than-Fair Value Investigation of Passenger Vehicle and Light Truck Tires from South Korea: Final Margin Analysis for Hankook Tire & Technology Co. Ltd.’’ dated May 21, 2021; ‘‘Analysis for the Final Determination of the Less-Than-Fair Value Investigation of Passenger Vehicle and Light Truck Tires from South Korea: Final Margin Analysis for Nexen Tire Corporation.’’ dated May 21, 2021. Comment 11: Whether Sailun Used the Program on Preferential Rent Comment 12: Whether Commerce Should Revise the Benchmark for Preferential Rent for KTV VII. Recommendation [FR Doc. 2021–11265 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–908] Passenger Vehicle and Light Truck Tires From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that passenger vehicle and light truck tires (passenger tires) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2019, through March 31, 2020. DATES : Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT : Elfi Blum or Jun Jack Zhao, 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) 482–0197 or (202) 482–1396, respectively. SUPPLEMENTARY INFORMATION : Background On January 6, 2021, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of passenger tires from Korea, in which we also postponed the final determination until May 21, 2021. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination is found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are passenger tires from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments. 3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 4 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the Preliminary Determination.5 See Appendix I for the final scope of the investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our requests for information in lieu of verification, we made changes to the margin calculations regarding Hankook Tire & Technology Co. Ltd. (Hankook) and Nexen Tire Corporation (Nexen). For a discussion of these changes, see the Issues and Decision Memorandum as well as the final analysis memoranda for Hankook and Nexen.7 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. In this investigation, Commerce calculated estimated weighted-average dumping margins for Hankook and Nexen that are not zero, de minimis, or based entirely on facts otherwise VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Final - Vietnam === 28559Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices Conifex Fibre Marketing Inc. Cowichan Lumber Ltd. CS Manufacturing Inc., dba Cedarshed CWP—Industriel Inc. CWP—Montreal Inc. D & D Pallets, Ltd. Dakeryn Industries Ltd. Decker Lake Forest Products Ltd. Delco Forest Products Ltd. Delta Cedar Specialties Ltd. Devon Lumber Co. Ltd. DH Manufacturing Inc. Direct Cedar Supplies Ltd. Doubletree Forest Products Ltd. Downie Timber Ltd. Dunkley Lumber Ltd. EACOM Timber Corporation East Fraser Fiber Co. Ltd. Edgewood Forest Products Inc. ER Probyn Export Ltd. Eric Goguen & Sons Ltd. Falcon Lumber Ltd. Fontaine Inc. Foothills Forest Products Inc. Fornebu Lumber Company Inc. Fraser Specialty Products Ltd. FraserWood Inc. FraserWood Industries Ltd. Furtado Forest Products Ltd. G & R Cedar Ltd. Galloway Lumber Company Ltd. Gilbert Smith Forest Products Ltd. Glandell Enterprises Inc. Goat Lake Forest Products Ltd. Goldband Shake & Shingle Ltd. Golden Ears Shingle Ltd. Goldwood Industries Ltd. Goodfellow Inc. Gorman Bros. Lumber Ltd. Groupe Crete Chertsey Inc. Groupe Crete Division St-Faustin Inc. Groupe Lebel Inc. Groupe Lignarex Inc. H.J. Crabbe & Sons Ltd. Haida Forest Products Ltd. Harry Freeman & Son Ltd. Hornepayne Lumber LP Imperial Cedar Products, Ltd. Imperial Shake Co. Ltd. Independent Building Materials Dist. Interfor Corporation Island Cedar Products Ltd Ivor Forest Products Ltd. J&G Log Works Ltd. J.H. Huscroft Ltd. Jan Woodlands (2001) Inc. Jasco Forest Products Ltd. Jazz Forest Products Ltd. Jhajj Lumber Corporation Kalesnikoff Lumber Co. Ltd. Kan Wood, Ltd. Kebois Ltee/Ltd. Keystone Timber Ltd. Kootenay Innovative Wood Ltd. L’Atelier de Readaptation au Travail de Beauce Inc. Lafontaine Lumber Inc. Langevin Forest Products Inc. Lecours Lumber Co. Limited Ledwidge Lumber Co. Ltd. Leisure Lumber Ltd. Les Bois d’oeuvre Beaudoin Gauthier inc. Les Bois Martek Lumber Les Bois Traites M.G. Inc. Les Chantiers de Chibougamau Ltd. Leslie Forest Products Ltd. Lignum Forest Products LLP Linwood Homes Ltd. Longlac Lumber Inc. Lulumco Inc. Magnum Forest Products, Ltd. Maibec inc. Manitou Forest Products Ltd. Marwood Ltd. Materiaux Blanchet Inc. Matsqui Management and Consulting Services Ltd., dba Canadian Cedar Roofing Depot Metrie Canada Ltd. Mid Valley Lumber Specialties, Ltd. Midway Lumber Mills Ltd. Mill & Timber Products Ltd. Millar Western Forest Products Ltd. Mobilier Rustique (Beauce) Inc. MP Atlantic Wood Ltd. Multicedre ltee Murray Brothers Lumber Company Ltd Nakina Lumber Inc. National Forest Products Ltd. New Future Lumber Ltd. Nicholson and Cates Ltd Norsask Forest Products Limited Partnership North American Forest Products Ltd. (located in Abbotsford, British Columbia) North Enderby Timber Ltd. Oikawa Enterprises Ltd. Olympic Industries, Inc./Olympic Industries Inc-Reman Code/Olympic Industries ULC/ Olympic Industries ULC-Reman/Olympic Industries ULC-Reman Code Oregon Canadian Forest Products Pacific Coast Cedar Products, Ltd. Pacific Pallet, Ltd. Pacific Western Wood Works Ltd. Parallel Wood Products Ltd. Pat Power Forest Products Corporation Phoenix Forest Products Inc. Pine Ideas Ltd. Pioneer Pallet & Lumber Ltd. Porcupine Wood Products Ltd. Power Wood Corp. Precision Cedar Products Corp. Prendiville Industries Ltd. (aka, Kenora Forest Products) Produits Forestiers Petit Paris Inc. Produits forestiers Temrex, s.e.c. Produits Matra Inc. and Sechoirs de Beauce Inc. Promobois G.D.S. inc. Quadra Cedar Rayonier A.M. Canada GP Rembos Inc. Rene Bernard Inc. Richard Lutes Cedar Inc. Rielly Industrial Lumber Inc. S & K Cedar Products Ltd. S&R Sawmills Ltd S&W Forest Products Ltd. San Industries Ltd. Sawarne Lumber Co. Ltd. Scierie P.S.E. lnc. Scierie St-Michel inc. Scierie West Brome Inc. Scotsburn Lumber Co. Ltd. Scott Lumber Sales Serpentine Cedar Ltd. Sexton Lumber Co. Ltd. Sigurdson Forest Products Ltd. Silvaris Corporation Silver Creek Premium Products Ltd. Sinclar Group Forest Products Ltd. Skana Forest Products Ltd. Skeena Sawmills Ltd Sound Spars Enterprise Ltd. South Beach Trading Inc. Specialiste du Bardeau de Cedre Inc Spruceland Millworks Inc. Star Lumber Canada Ltd. Sundher Timber Products Ltd. Surrey Cedar Ltd. T.G. Wood Products, Ltd. Taan Forest LP/Taan Forest Products Taiga Building Products Ltd. Tall Tree Lumber Company Tembec Inc. Temrex Produits Forestiers s.e.c. Terminal Forest Products Ltd. The Wood Source Inc. Tolko Industries Ltd. and Tolko Marketing and Sales Ltd. Trans-Pacific Trading Ltd. Triad Forest Products Ltd. Twin Rivers Paper Co. Inc. Tyee Timber Products Ltd. Universal Lumber Sales Ltd. Usine Sartigan Inc. Vaagen Fibre Canada, ULC Valley Cedar 2 Inc./Valley Cedar 2 ULC Vancouver Island Shingle, Ltd. Vancouver Specialty Cedar Products Ltd. Vanderhoof Specialty Wood Products Ltd. Visscher Lumber Inc W.I. Woodtone Industries Inc. Waldun Forest Product Sales Ltd. Watkins Sawmills Ltd. West Bay Forest Products Ltd. West Wind Hardwood Inc. Western Forest Products Inc. Western Lumber Sales Limited Western Wood Preservers Ltd. Weston Forest Products Inc. Westrend Exteriors Inc. Weyerhaeuser Co. White River Forest Products L.P. Winton Homes Ltd. Woodline Forest Products Ltd. Woodstock Forest Products/Woodstock Forest Products Inc. Woodtone Specialties Inc. Yarrow Wood Ltd. [FR Doc. 2021–11169 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–828] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that imports of passenger vehicle and light truck tires (passenger tires) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28560 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 504 (January 6, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum.’’ dated concurrently with this notice (Final Scope Decision Memorandum). 5 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). 6 See Commerce’s Letter, ‘‘Request for Documentation,’’ dated January 26, 2021; Commerce’s Letter, ‘‘Request for Documentation,’’ dated January 28, 2021; Sailun’s Letter, ‘‘Sailun Response to Commerce Verification Document Request,’’ dated February 2, 2021; and Kenda’s Letter, ‘‘Response to the Department’s Request for Documentation in Lieu of On-Site Verification,’’ dated February 4, 2021. 7 See Preliminary Determination PDM at 18. 8 For the corroboration of this margin, see Issues and Decision Memorandum at Comment 1. 9 See Initiation Notice, 85 FR at 38858. 10 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ April 5, 2005 (Policy Bulletin 05.1), available on Commerce’s website at http:// enforcement.trade.gov/policy/bull05-1.pdf. October 1, 2019, through March 31, 2020. DATES : Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT : Jasun Moy or Robert Scully, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8194 or (202) 482–0572, respectively. SUPPLEMENTARY INFORMATION : Background On January 6, 2021, Commerce published in the Federal Register the preliminary affirmative determination in the LTFV investigation of passenger tires from Vietnam, in which we also postponed the final determination until May 21, 2021. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are passenger tires from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 4 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the Preliminary Determination.5 See Appendix I for the final scope of the investigation. Analysis of Comments Received All the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Methodology Commerce conducted this investigation in accordance with section 731 of the Act. Export price was calculated in accordance with section 772(a) of the Act. Constructed export price was calculated in accordance with section 772(b) of the Act. Because Vietnam is a non-market economy within the meaning of section 771(18) of the Act, normal value was calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying Commerce’s determination, see the Preliminary Determination PDM and the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our request for information in lieu of on-site verification, we have made certain changes to the margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Vietnam-Wide Entity For the final determination, we continue to find that the use of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, is warranted in determining the rate for the Vietnam-wide entity. In the Preliminary Determination, Commerce based the AFA rate for the Vietnam- wide entity on the petition margin of 22.30 percent.7 For this final determination, we continue to rely on AFA in determining the rate for the Vietnam-wide entity and, as AFA, we continue to select the highest petition margin of 22.30 percent as the estimated weighted-average dumping margin for the Vietnam-wide entity.8 Combination Rates In the Initiation Notice,9 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice. 10 In this investigation, we assigned producer/exporter combination rates for respondents eligible for separate rates and these combination rates are listed in the table in the ‘‘Final Determination’’ section of this notice. Final Determination The final estimated weighted-average dumping margins are as follows: VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28561Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 11 See Issues and Decision Memorandum; see also Memorandum, ‘‘Calculation of Double Remedies and Export Subsidy Offset,’’ dated December 29, 2020. Exporter Producer Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset) (percent) Kenda Rubber (Vietnam) Co. Ltd ............................ Kenda Rubber (Vietnam) Co. Ltd ........................... 0.00 0.00 Sailun Group (HongKong) Co., Limited/Sailun Tire Americas Inc. Sailun (Vietnam) Co., Ltd ........................................ 0.00 0.00 Bridgestone Corporation .......................................... Bridgestone Tire Manufacturing Vietnam LLC ........ 0.00 0.00 Bridgestone Tire Manufacturing Vietnam LLC ........ Bridgestone Tire Manufacturing Vietnam LLC ........ 0.00 0.00 Kumho Tire (Vietnam) Co., Ltd ................................ Kumho Tire (Vietnam) Co., Ltd ............................... 0.00 0.00 The Yokohama Rubber Co., Ltd .............................. Yokohama Tyre Vietnam Co ................................... 0.00 0.00 Vietnam-Wide Entity ................................................ .................................................................................. 22.30 22.27 Disclosure We intend to disclose the calculations performed in this final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend the liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, entered, or withdrawn from warehouse, for consumption on or after January 6, 2021, the date of publication in the Federal Register of the affirmative Preliminary Determination, except for those entries of subject merchandise produced and exported by Kenda and entries of subject merchandise produced by Sailun Vietnam and exported by Sailun Group (HongKong) Co., Limited or Sailun Tire Americas Inc. (collectively, Sailun). Because the estimated weighted- average dumping margins for Kenda and Sailun in the above-specified producer/ exporter combinations are zero, entries of shipments of subject merchandise from these producer/exporter combinations will not be subject to suspension of liquidation or cash deposit requirements. Accordingly, Commerce will direct CBP not to suspend liquidation of entries of subject merchandise produced and exported by Kenda, and produced by Sailun Vietnam and exported by Sailun Group (HongKong) Co., Limited or Sailun Tire Americas Inc. In accordance with section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), should the investigation result in an antidumping duty (AD) order pursuant to section 736 of the Act, entries of shipments of subject merchandise from these producer/ exporter combinations will be excluded from the order. However, entries of shipments of subject merchandise from these companies in any other producer/ exporter combinations, or by third parties that sourced subject merchandise from the excluded producer/exporter combinations, will be subject to suspension of liquidation at the Vietnam-wide entity rate. Additionally, any exclusion will not apply to entries of shipments of subject merchandise from the other producer/ exporter combinations listed in the table above that were assigned a weighted- average dumping margin of zero. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, we will instruct CBP to require a cash deposit for entries of subject merchandise equal to the estimated weighted-average dumping margin as follows: (1) For the exporter/ producer combinations listed in the table above, except those specified for Kenda and Sailun Vietnam/Sailun Group (HongKong) Co., Limited/Sailun Tire Americas Inc., the cash deposit rate is equal to the estimated weighted- average dumping margin listed for that combination in the table; (2) for all combinations of Vietnamese exporters/ producers not listed in the above table, the cash deposit rate is equal to the estimated weighted-average dumping margin listed in the table for the Vietnam-wide entity; and (3) for all non- Vietnamese exporters not listed in the table above, the cash deposit rate applicable to the Vietnamese exporter/ producer combination (or the Vietnam- wide entity) that supplied that non- Vietnamese exporter. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of domestic subsidy pass-through and export subsidies countervailed in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce made an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the estimated weighted-average dumping margins by the appropriate rates.11 However, provisional measures are no longer in effect in the companion CVD case. Therefore, we are not instructing CBP to collect cash deposits based upon the estimated the estimated weighted- average dumping margins adjusted for domestic subsidy pass-through or export subsidies at this time. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of passenger tires no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice will serve as a final reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28562 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 21, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 245/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ........ 254/70R/12 72 27x10R14 ........ 254/65R/14 73 28x10R14 ........ 254/70R/14 75 28x10R14 ........ 254/70R/14 86 30X10R14 ....... 254/80R/14 79 30x10R15 ........ 254/75R/15 78 30x10R14 ........ 254/80R/14 90 31x10R14 ........ 254/85R/14 81 32x10R14 ........ 254/90R/14 95 32x10R15 ........ 254/85R/15 83 32x10R15 ........ 254/85R/15 94 33x10R15 ........ 254/90R/15 86 33x10R15 ........ 254/90R/15 95 35x9.50R15 ..... 241/105R/15 82 35x10R15 ........ 254/100R/15 97 VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28563Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 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), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from Taiwan,’’ dated concurrently with, and herby adopted by, this notice (Issues and Decision Memorandum). 3 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum.’’ dated concurrently with this notice (Final Scope Decision Memorandum). 5 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). 6 See Commerce’s Letters, ‘‘In Lieu of Verification Questionnaire for Cheng Shin Rubber Ind. Co. Ltd. in the Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires from Taiwan,’’ dated February 25, 2021; and ‘‘In Lieu of Verification Questionnaire for Nankang Rubber Tire Corp., Ltd. in the Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires from Taiwan,’’ dated February 24, 2021. The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Adjustment under Section 777A(f) of the Act VI. Adjustments to Cash Deposit Rates for Export Subsidies VII. Discussion of the Issues Comment 1: Appropriate Adverse Facts Available (AFA) Rate for the Vietnam- Wide Entity Comment 2: Selecting Kumho Tire (Vietnam) Co., Ltd. (KTV) as a Voluntary Respondent Comment 3: KTV’s Request to Be Excluded from the Order Comment 4: Whether Kenda’s Rate Should Be Based on AFA Comment 5: Whether Sailun’s Rate Should Be Based on AFA Comment 6: Classification of U.S. Sales as Export Price (EP) or Constructed Export Price (CEP) Comment 7: Surrogate Value (SV) for Ocean Freight for Sailun’s Sales Comment 8: SV of Bead Wire Comment 9: Other Issues Raised by Sailun VIII. Recommendation [FR Doc. 2021–11266 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–869] Passenger Vehicle and Light Truck Tires From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that imports of passenger vehicle and light truck tires (passenger tires) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) April 1, 2019, through March 31, 2020. DATES : Applicable May 27, 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) 482–4737 or (202) 482–5484, respectively. SUPPLEMENTARY INFORMATION : Background On January 6, 2021, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of passenger tires from Taiwan, in which we also postponed the final determination until May 21, 2021. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are passenger tires from Taiwan. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.4 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the Preliminary Determination.5 See Appendix I for the final scope of the investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our request for information in lieu of verification, we made changes to the margin calculations for both Cheng Shin Rubber Ind. Co., Ltd.’s (Cheng Shin) and Nankang Rubber Tire Corp. Ltd. (Nankang). For a discussion of VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 7561Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices the hearing and will also assist the court reporter in preparing an accurate transcript of the hearing (e.g., names spelled correctly). (3) Posthearing briefs refers to submissions filed after the hearing by persons who appeared at the hearing. Such briefs: (a) Should be limited to matters that arose during the hearing, (b) should respond to any Commissioner and staff questions addressed to you at the hearing, (c) should clarify, amplify, or correct any statements you made at the hearing, and (d) may, at your option, address or rebut statements made by other participants in the hearing. (4) Other written submissions refer to any other written submissions that interested persons wish to make, regardless of whether they appeared at the hearing, and may include new information or updates of information previously provided. There is no standard format that briefs or other written submissions must follow. However, each such document must identify on its cover (1) the type of document filed (i.e., prehearing brief, oral statement of (name), posthearing brief, or written submission), (2) the name of the person or organization filing it, and (3) whether it contains confidential business information (CBI). If it contains CBI, it must comply with the marking and other requirements set out below in this notice relating to CBI. Submitters of written documents (other than oral hearing statements) are encouraged to include a short summary of their position or interest at the beginning of the document, and a table of contents when the document addresses multiple issues. Confidential Business Information: Any submissions that contain confidential business information must also conform to the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ version, and that the confidential business information is clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. As requested by the Committee on Finance, the Commission will not include any confidential business information in its report. However, all information, including confidential business information, submitted in this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel for cybersecurity purposes. The Commission will not otherwise disclose any confidential business information in a way that would reveal the operations of the firm supplying the information. Summaries of Written Submissions: Persons wishing to have a summary of their position included in the report should include a summary with their written submission on or before October 1, 2021 and should mark the summary as having been provided for that purpose. The summary should be clearly marked as ‘‘summary for inclusion in the report’’ at the top of the page. The summary may not exceed 500 words, should be in MS Word format or a format that can be easily converted to MS Word, and should not include any confidential business information. The summary will be published as provided if it meets these requirements and is germane to the subject matter of the investigation. The Commission will list the name of the organization furnishing the summary and will include a link to the Commission’s Electronic Document Information System (EDIS) where the written submission can be found. By order of the Commission. Issued: January 26, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–01965 Filed 1–28–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–647 and 731– TA–1517–1520 (Final)] Passenger Vehicle and Light Truck Tires From Korea, Taiwan, Thailand, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Anti- Dumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–647 and 731–TA–1517–1520 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of passenger vehicle and light truck tires from Korea, Taiwan, Thailand, and Vietnam, provided for in subheadings 4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be sold at less-than- fair-value and subsidized by the government of Vietnam. DATES : January 6, 2021. FOR FURTHER INFORMATION CONTACT : Keysha Martinez ((202) 205–2136), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube-type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose VerDate Sep<11>2014 17:43 Jan 28, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 7562 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by these investigations regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/ 80R17, 265/70R16, 245/70R17, 245/ 75R17, 265/70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/70R17 and 255/80R17 which may have UTGC molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off- road tread design; (8) Tires designed and marketed for off-road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ............... 254/70R/12 72 27x10R14 ............... 254/65R/14 73 28x10R14 ............... 254/70R/14 75 28x10R14 ............... 254/70R/14 86 30x10R14 ............... 254/80R/14 79 30x10R15 ............... 254/75R/15 78 30x10R14 ............... 254/80R/14 90 31x10R14 ............... 254/85R/14 81 32x10R14 ............... 254/90R/14 95 32x10R15 ............... 254/85R/15 83 32x10R15 ............... 254/85R/15 94 33x10R15 ............... 254/90R/15 86 33x10R15 ............... 254/90R/15 95 35x9.50R15 ............ 241/105R/15 82 35x10R15 ............... 254/100R/15 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, VerDate Sep<11>2014 17:43 Jan 28, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 7563Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.’’ Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in Vietnam of passenger vehicle and light truck tires, and that such products from Korea, Taiwan, Thailand, and Vietnam are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on May 13, 2020, by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (‘‘USW’’), Pittsburgh, Pennsylvania. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on May 11, 2021, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on May 25, 2021. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission’s website at https://www.usitc.gov/ calendarpad/calendar.html. Interested parties should check the Commission’s website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before May 19, 2021. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on May 21, 2021. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is May 18, 2021. Parties may also file written testimony in connection with their presentation at the hearing, as provided in § 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is June 2, 2021. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before June 2, 2021. On June 16, 2021, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before June 18, 2021, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. VerDate Sep<11>2014 17:43 Jan 28, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 7564 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commerce issued negative preliminary and final determinations of sales at LTFV with regard to fluid end blocks from India (85 FR 44517, July 23, 2020, and 85 FR 80003, December 11, 2020). 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the antidumping duty orders on PC strand from Colombia, Egypt, Netherlands, and Turkey. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: January 26, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–01983 Filed 1–28–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–632–635 and 731–TA–1466 and 731–TA–1468 (Final)] Fluid End Blocks From China, Germany, India, and Italy; Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of fluid end blocks from China, Germany, India, and Italy that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be subsidized by the respective governments of those countries and imports of fluid end blocks from Germany and Italy that have been found by Commerce to be sold in the United States at less than fair value (‘‘LTFV’’). Imports of fluid end blocks are provided for in subheadings 7218.91.00, 7218.99.00, 7224.90.00, 7326.19.00, 7326.90.86, and 8413.91.90 of the Harmonized Tariff Schedule of the United States. Background The Commission instituted these investigations effective December 19, 2019, following receipt of petitions filed with the Commission and Commerce by Ellwood City Forge Company, Ellwood Quality Steels Company, and Ellwood National Steel Company, Ellwood City, Pennsylvania; A. Finkl & Sons, Chicago, Illinois; and FEB Fair Trade Coalition, Cleveland, Ohio. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of fluid end blocks from China, Germany, India, and Italy were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and imports from Germany and Italy sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). 2 Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was by publishing the notice in the Federal Register on August 24, 2020 (85 FR 52151). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on December 1, 2020. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on January 25, 2021. The views of the Commission are contained in USITC Publication 5152 (January 2021), entitled Fluid End Blocks from China, Germany, India, and Italy: Investigation Nos. 701–TA–632– 635 and 731–TA–1466 and 731–TA– 1468 (Final). By order of the Commission. Issued: January 25, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–01949 Filed 1–28–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–646 and 731– TA–1502–1504, 1508–1509, 1512, 1514, and 1516] (Final)] Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, Turkey, and the United Arab Emirates Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of prestressed concrete steel wire strand (‘‘PC strand’’) from Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, Turkey, and the United Arab Emirates, provided for in subheading 7312.10.30 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’), and to be subsidized by the government of Turkey. 2 Background The Commission instituted these investigations effective April 16, 2020, following receipt of petitions filed with the Commission and Commerce by Insteel Wire Products Company, Mount Airy, North Carolina, Sumiden Wire Products Corporation, Dickson, Tennessee, and Wire Mesh Corporation, Houston, Texas. The final phase of the investigations was scheduled by the Commission following notification of a preliminary determinations by Commerce that imports of PC strand from Turkey were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and that imports of PC strand from Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, Turkey, and the United Arab Emirates were being sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on October 8, 2020 (85 FR 63576). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on December 10, 2020. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on January 25, 2021. The views of the Commission are contained in USITC Publication 5153 (January 2021), entitled Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, VerDate Sep<11>2014 17:43 Jan 28, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Determination – Final === 37764 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner David S. Johanson dissenting. State and county Location and case No. Chief executive officer of community Community map repository Date of modification Community No. Travis (FEMA Docket No.: B– 2119). City of Manor (20–06– 2376P). Mr. Thomas M. Bolt, City of Manor Manager, 105 East Eggleston Street, Manor, TX 78653. Department of Development Serv- ices, 105 East Eggleston Street, Manor, TX 78653. Jun. 21, 2021 ............ 481027 Travis (FEMA Docket No.: B– 2119). Unincorporated areas of Travis County (20– 06–2376P). The Honorable Andy Brown, Travis County Judge, 700 Lavaca Street, Suite 2300, Aus- tin, TX 78701. Travis County Transportation and Natural Resources Department, 700 Lavaca Street, 5th Floor, Austin, TX 78767. Jun. 21, 2021 ............ 481026 Virginia: Albemarle (FEMA Docket No.: B– 2125). Unincorporated areas of Albe- marle County (20–03– 1533P). Mr. Jeffrey B. Richardson, Albemarle County Exec- utive, 401 McIntire Road, Charlottesville, VA 22902. Albemarle County Department of Community Development, 401 McIntire Road, Charlottesville, VA 22902. Jun. 23, 2021 ............ 510006 Independent City (FEMA Docket No.: B– 2119). City of Harrison- burg (20–03– 1670P). The Honorable Deanna R. Reed, Mayor, City of Harrisonburg, 409 South Main Street, Harrison- burg, VA 22801. City Hall, 409 South Main Street, Harrisonburg, VA 22801. Jun. 25, 2021 ............ 510076 Prince Wil- liam (FEMA Docket No.: B– 2119). Unincorporated areas of Prince William County (20–03– 1200P). The Honorable Ann B. Wheeler, Chair-At- Large, Prince William County Board of Super- visors, 1 County Com- plex Court, Prince Wil- liam, VA 22192. Prince William County Department of Public Works, 5 County Com- plex Court, Prince William, VA 22192. Jun. 17, 2021 ............ 510119 [FR Doc. 2021–15116 Filed 7–15–21; 8:45 am] BILLING CODE 9110–12–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–647 and 731– TA–1517–1520 (Final)] Passenger Vehicle and Light Truck Tires From Korea, Taiwan, Thailand, and Vietnam Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of passenger vehicle and light truck tires (‘‘PVLT tires’’), provided for in subheadings 4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) from Korea, Taiwan, and Thailand, and to be subsidized by the government of Vietnam. 2 The Commission further found that imports of these products from Vietnam that Commerce has determined are sold in the United States at less than fair value are negligible and terminates the antidumping duty investigation concerning Vietnam. Background The Commission instituted these investigations effective May 13, 2020, following receipt of petitions filed with the Commission and Commerce by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (‘‘USW’’), Pittsburgh, Pennsylvania. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of PVLT tires from Vietnam were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)), and that imports of PVLT tires from Korea, Taiwan, Thailand, and Vietnam were sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on January 29, 2021 (86 FR 7561). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on May 25, 2021. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on July 12, 2021. The views of the Commission are contained in USITC Publication 5212 (July 2021), entitled Passenger Vehicle and Light Truck Tires from Korea, Taiwan, Thailand, and Vietnam: Investigation Nos. 701–TA–647 and 731–TA–1517–1520 (Final). By order of the Commission. Issued: July 12, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–15108 Filed 7–15–21; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:26 Jul 15, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 9990 E:\FR\FM\16JYN1.SGM 16JYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - CVD - Preliminary - Vietnam === 71607Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices 5 See 19 CFR 351.212(b). 6 See section 751(a)(2)(C) of the Act. 7 See Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, the People’s Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 73 FR 66595, 66597 (November 10, 2008). 8 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 9 See 19 CFR 351.309(c)(2) and (d)(2). 10 See generally 19 CFR 351.303. 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review As a result of our review, we preliminarily determine the following weighted-average dumping margin for the period November 1, 2018 through October 31, 2019: Manufacturer/exporter Weighted- average margin (percent) Flex Middle East FZE ........... 70.75 Assessment Rates Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.5 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.6 If the preliminary results are unchanged for the final results, we will instruct CBP to apply an ad valorem assessment rate of 70.75 percent to all entries of subject merchandise during the period of review from Flex. We intend to issue liquidation instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results for all shipments of PET Film from the UAE entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the company under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than- fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.05 percent, the all-others rate established in the investigation.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment Normally, Commerce discloses to interested parties the calculations performed in connection with the preliminary results within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, there are no calculations to disclose here because, in accordance with section 776 of the Act, Commerce preliminarily applied AFA to Flex, the only respondent subject to this review. Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs.8 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.9 Case and rebuttal briefs should be filed using ACCESS. 10 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 11 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety through Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. 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. Final Results of Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: November 5, 2020. Joseph A. Laroski Jr., 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. Application of Facts Available and Adverse Inferences V. Recommendation [FR Doc. 2020–24937 Filed 11–9–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–829] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\10NON1.SGM 10NON1 jbell on DSKJLSW7X2PROD with NOTICES 71608 Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigation, 85 FR 38850 (June 29, 2020) (Initiation Notice). 2 See Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 85 FR 48666 (August 12, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination: Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 85 FR at 38851. 6 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair- Value Investigations, 85 FR 65791 (October 16, 2020). 7 The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 9 See Petitioner’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from Vietnam: Request for Alignment,’’ dated October 13, 2020. 10 With two respondents under examination, Commerce normally calculates: (A) A weighted- average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s 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, e.g., 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 all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see Memorandum, ‘‘Countervailing Duty Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam: Calculation of All-Others Rate,’’ dated concurrently with this notice. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of passenger vehicle and light truck tires (passenger tires) from the Socialist Republic of Vietnam (Vietnam). The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 10, 2020. FOR FURTHER INFORMATION CONTACT : Michael Romani or Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0198 or (202) 482–0410, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) 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 August 4, 2020, Commerce postponed the preliminary determination of this investigation and the revised deadline is now October 30, 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 discussed in the Preliminary Decision Memorandum is included as Appendix II 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 http:// access.trade.gov. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is passenger tires from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s 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 antidumping duty (AD) and countervailing duty (CVD) investigations of passenger tires as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. Commerce intends to issue its preliminary decision regarding the scope of the AD and CVD investigations in the preliminary determinations of the companion AD investigations, the deadline for which is December 29, 2020.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs. 7 Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific. 8 Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of passenger tires from Vietnam based on a request made by the petitioner. 9 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than March 15, 2021, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for Kumho Tire (Vietnam) Co., Ltd. and Sailun (Vietnam) Co., Ltd. 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 individual estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged values for the merchandise under consideration. 10 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent) Kumho Tire (Vietnam) Co., Ltd ..................................... 10.08 VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\10NON1.SGM 10NON1 jbell on DSKJLSW7X2PROD with NOTICES 71609Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020). 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). Company Subsidy rate (percent) Sailun (Vietnam) Co., Ltd ..... 6.23 All Others .............................. 6.77 Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification Commerce is currently unable to conduct on-site verification of the information relied upon in making its final determination in this investigation. Accordingly, we intend to take additional steps in lieu of on-site verification. Commerce will notify interested parties of any additional documentation or information required. Public Comment Case briefs or other written comments on non-scope issues 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 case briefs, may be submitted no later than seven days after the deadline date for case briefs.11 Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice. 12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days of the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: October 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1B (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\10NON1.SGM 10NON1 jbell on DSKJLSW7X2PROD with NOTICES 71610 Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices 1 See Monosodium Glutamate from the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 85 FR 2717 (January 16, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Petitioner’s Letter, ‘‘MSG from Indonesia: Petitioner’s Case Brief,’’ dated June 1, 2020; see also CJ Indonesia’s Letter, ‘‘Monosodium Glutamate (‘‘MSG’’) from Indonesia; 4th Administrative Review; CJ Case Brief,’’ dated June 1, 2020. 3 See CJ Indonesia’s Letter, ‘‘Monosodium Glutamate (‘‘MSG’’) from Indonesia; 4th Administrative Review; CJ Rebuttal Brief,’’ dated June 8, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 5 See Memorandum, ‘‘Administrative Review of the Antidumping Duty Order on Monosodium Glutamate from the Republic of Indonesia: Extension of Deadline for the Final Results,’’ dated June 30, 2020. 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Review,’’ dated July 21, 2020. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2017– 2018 Administrative Review of the Antidumping Duty Order on Monosodium Glutamate from the Republic of Indonesia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (6) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design. The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Injury Test VI. Application of the CVD Law to Imports From Vietnam VII. Subsidies Valuation VIII. Benchmarks and Interest Rates IX. Analysis of Programs X. Conclusion [FR Doc. 2020–24913 Filed 11–9–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–826] Monosodium Glutamate From the Republic of Indonesia: Final Results of Antidumping Duty Administrative Review; 2017–2018 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that the sole mandatory respondent, PT. Cheil Jedang Indonesia (CJ Indonesia), did not sell subject merchandise in the United States at prices below normal value during the period of review (POR) November 1, 2017 through October 31, 2018. DATES : Applicable November 10, 2020. FOR FURTHER INFORMATION CONTACT : Gene H. Calvert, 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) 482–3586. SUPPLEMENTARY INFORMATION : Background On January 16, 2020, Commerce published the Preliminary Results of this administrative review in the Federal Register. 1 Commerce invited interested parties to comment on the Preliminary Results. On June 1, 2020, Ajinomoto Health & Nutrition North America, Inc. (the petitioner) and CJ Indonesia each timely submitted case briefs. 2 CJ Indonesia timely submitted a rebuttal brief on June 8, 2020.3 No other party submitted a rebuttal brief, and no party requested a hearing in this administrative review. Based on its analysis of the comments that Commerce received, Commerce made no changes to the weighted-average dumping margin determined for CJ Indonesia with respect to the Preliminary Results. On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.4 On June 30, 2020, Commerce extended the deadline for the final results by 60 days.5 On July 21, 2020, Commerce tolled all deadlines for preliminary and final results in administrative reviews by an additional 60 days, thereby extending the deadline for the final results to November 2, 2020.6 Scope of the Order The merchandise covered by the antidumping duty order is monosodium glutamate (MSG), whether or not blended or in solution with other products. For a complete description of the scope of the order, see the Issues and Decision Memorandum. 7 Analysis of Comments Received Commerce addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. These issues are identified in the Appendix to 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 http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and its electronic version are identical in content. VerDate Sep<11>2014 17:21 Nov 09, 2020 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\10NON1.SGM 10NON1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - Taiwan === 508 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Initiation of Less- Than-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-Than- Fair-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). 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. 8 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average 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 company’s 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 all- others 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. DEPARTMENT OF COMMERCE International Trade Administration [A–583–869] 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 AGENCY : 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) 482–4737 or (202) 482–5484, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) 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 II 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/. 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 Commerce’s 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 sections 772(a) and 772(b) 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 Commerce’s preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) 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 weighted- average 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 company’s publicly-ranged values for the merchandise under consideration.8 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 509Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 11 See Cheng Shin’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from Taiwan: Request to Postpone Final Determination and to Extend Provisional Measures,’’ dated December 7, 2020; see also Nankang’s Letter, ‘‘Antidumping Investigation of Passenger Vehicle and Light Truck Tires from Taiwan—Request for Extension of Final Determination,’’ dated December 8, 2020. Exporter/producer Estimated weighted- average dumping margin (percent) Cheng Shin Rubber Ind. Co. Ltd 52.42 Nankang Rubber Tire Corp. Ltd 98.44 All Others .................................... 88.82 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on- site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments on non-scope issues will be notified to interested parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.9 Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice. 10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On December 7 and 8, 2020, pursuant to 19 CFR 351.210(e), Cheng Shin and Nankang requested, respectively, that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.11 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 510 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices Dated: December 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by these investigations regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 265/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTGC molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 .......... 254/70R/12 ....... 72 27x10R14 .......... 254/65R/14 ....... 73 28x10R14 .......... 254/70R/14 ....... 75 28x10R14 .......... 254/70R/14 ....... 86 30X10R14 ......... 254/80R/14 ....... 79 30x10R15 .......... 254/75R/15 ....... 78 30x10R14 .......... 254/80R/14 ....... 90 31x10R14 .......... 254/85R/14 ....... 81 32x10R14 .......... 254/90R/14 ....... 95 32x10R15 .......... 254/85R/15 ....... 83 32x10R15 .......... 254/85R/15 ....... 94 33x10R15 .......... 254/90R/15 ....... 86 33x10R15 .......... 254/90R/15 ....... 95 35x9.50R15 ....... 241/105R/15 ..... 82 35x10R15 .......... 254/100R/15 ..... 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 511Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 2 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2020–29303 Filed 1–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders and findings with November anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES : Applicable January 6, 2021. FOR FURTHER INFORMATION CONTACT : Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION : Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders and findings with November anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https://access.trade.gov in accordance with 19 CFR 351.303. 1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce’s service list. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the POR. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments. In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act, the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (e.g., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this AD proceeding (e.g., investigation, administrative review, new shipper review, or changed circumstances review). For any company subject to this review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (Q&V) Questionnaire for purposes of respondent selection, in general, each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where Commerce considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of a particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.2 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - Vietnam === 504 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Initiation of Less- Than-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 in the Less-Than-Fair- Value Investigations, 85 FR 65791 (October 16, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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. (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 .......... 254/70R/12 ....... 72 27x10R14 .......... 254/65R/14 ....... 73 28x10R14 .......... 254/70R/14 ....... 75 28x10R14 .......... 254/70R/14 ....... 86 30X10R14 ......... 254/80R/14 ....... 79 30x10R15 .......... 254/75R/15 ....... 78 30x10R14 .......... 254/80R/14 ....... 90 31x10R14 .......... 254/85R/14 ....... 81 32x10R14 .......... 254/90R/14 ....... 95 32x10R15 .......... 254/85R/15 ....... 83 32x10R15 .......... 254/85R/15 ....... 94 33x10R15 .......... 254/90R/15 ....... 86 33x10R15 .......... 254/90R/15 ....... 95 35x9.50R15 ....... 241/105R/15 ..... 82 35x10R15 .......... 254/100R/15 ..... 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope of The Investigation VI. Scope Comments VII. Application of Facts Available and Use of Adverse Inference VIII. Discussion of the Methodology IX. Currency Conversion X. Recommendation [FR Doc. 2020–29299 Filed 1–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–828] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that passenger vehicle and light truck tires (passenger tires) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 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 : Jasun Moy or Robert Scully, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8194 or (202) 482–0572, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) 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 included in the Preliminary Decision Memorandum is included as Appendix II 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/. 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 passenger tires from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s 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 VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 505Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 8 See Initiation Notice, 85 FR at 38858. 9 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ April 5, 2005 (Policy Bulletin 05.1), available on Commerce’s website at http:// enforcement.trade.gov/policy/bull05-1.pdf. 10 Specifically, Commerce only intends to exclude from the order the mandatory respondents with a final estimated weighted-average dumping margin of zero or de minimis. If any of the separate rate companies are assigned a final estimated weighted-average dumping margin of zero or de minimis, Commerce does not intend to exclude such companies from the order. 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 sections 772(a) and 772(b) of the Act, respectively. Because Vietnam is a non- market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available with adverse inferences to determine the estimated weighted-average dumping margin for the Vietnam-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,8 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.9 In this investigation, we assigned producer/exporter combination rates for respondents eligible for separate rates. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter Producer Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset) (percent) Kenda Rubber (Vietnam) Co. Ltd ........................ Kenda Rubber (Vietnam) Co. Ltd ........................ 0.00 0.00 Sailun Group (HongKong) Co., Limited/Sailun Tire Americas Inc. Sailun (Vietnam) Co., Ltd .................................... 0.00 0.00 Bridgestone Corporation ...................................... Bridgestone Tire Manufacturing Vietnam LLC .... 0.00 0.00 Bridgestone Tire Manufacturing Vietnam LLC .... Bridgestone Tire Manufacturing Vietnam LLC .... 0.00 0.00 Kumho Tire (Vietnam) Co., Ltd ........................... Kumho Tire (Vietnam) Co., Ltd ........................... 0.00 0.00 The Yokohama Rubber Co., Ltd ......................... Yokohama Tyre Vietnam Co ............................... 0.00 0.00 Vietnam-Wide Entity ............................................ .............................................................................. 22.30 22.27 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) For the producer/ exporter combinations listed in the table above, except those specified for Kenda Rubber (Vietnam) Co. Ltd. (Kenda) and Sailun Group (HongKong) Co., Limited/ Sailun Tire Americas Inc. (Sailun), the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Vietnam producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted- average dumping margin established for the Vietnam-wide entity; and (3) for all third-country exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/exporter combination (or the Vietnam-wide entity) that supplied that third-country exporter. Because the estimated weighted- average dumping margins for Kenda and Sailun in the above-specified producer/ exporter combinations are zero or de minimis (i.e., less than two percent), Commerce will not direct CBP to suspend liquidation of entries of subject merchandise from those producer/ exporter combinations. Entries of subject merchandise from these exporters supplied by any other producer, or from these producers that supplied any other exporter, or from third-country exporters that sourced from these producer/exporter combinations, are subject to suspension of liquidation and provisional measures at the cash deposit rate established for the Vietnam-wide entity. As explained in the Preliminary Decision Memorandum, in accordance with section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), should the final estimated weighted-average dumping margins be zero or de minimis for Kenda or Sailun in the producer/exporter combination identified above, and should the investigation result in an antidumping duty order pursuant to section 736 of the Act, entries of merchandise from those producer/ exporter combinations will be excluded from the order.10 Such exclusions will not be applicable to merchandise exported to the United States by any other producer/exporter combinations or by third-country exporters that sourced from the excluded producer/ exporter combinations. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of domestic subsidy pass-through and export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate rates. Any such adjusted cash deposit rate may be found in the Preliminary Determination section above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 506 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 13 See Sailun’s Letter, ‘‘Sailun’s Request to Extend the Final Determination: Antidumping Duty Investigation of Passenger Vehicle and Light Truck Tires (‘‘PVLT’’) from Vietnam (A–552–828),’’ dated December 1, 2020; see also Kenda’s Letter ‘‘Investigation of Passenger Vehicle and Light Truck Tires from Vietnam: Request to Extend the Final Determination,’’ dated December 7, 2020. Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on- site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. 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 case briefs and written comments on non-scope issues at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.11 Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice. 12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four- month period to a period not more than six months in duration. On December 1 and 7, 2020, pursuant to 19 CFR 351.210(e), Sailun and Kenda requested, respectively, that Commerce postpone the final determination and that provisional measures be extended for a period not to exceed six months.13 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by these investigations regardless of their intended use. VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 507Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 265/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTGC molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 .......... 254/70R/12 ....... 72 27x10R14 .......... 254/65R/14 ....... 73 28x10R14 .......... 254/70R/14 ....... 75 28x10R14 .......... 254/70R/14 ....... 86 30X10R14 ......... 254/80R/14 ....... 79 30x10R15 .......... 254/75R/15 ....... 78 30x10R14 .......... 254/80R/14 ....... 90 31x10R14 .......... 254/85R/14 ....... 81 32x10R14 .......... 254/90R/14 ....... 95 32x10R15 .......... 254/85R/15 ....... 83 32x10R15 .......... 254/85R/15 ....... 94 33x10R15 .......... 254/90R/15 ....... 86 33x10R15 .......... 254/90R/15 ....... 95 35x9.50R15 ....... 241/105R/15 ..... 82 35x10R15 .......... 254/100R/15 ..... 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Affiliation and Single Entity Treatment VII. Application of Facts Available and Use of Adverse Inferences VIII. Determination Not to Select KTV as a Voluntary Respondent IX. Discussion of the Methodology X. Adjustment Under Section 777A(F) of the Act XI. Adjustment to Cash Deposit Rate for Export Subsidies XII. Currency Conversion XIII. Recommendation [FR Doc. 2020–29301 Filed 1–5–21; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - South Africa === 501Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Initiation of Less- Than-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 in the Less-Than-Fair- Value Investigations, 85 FR 65791 (October 16, 2020); see also Petitioners’ Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Petitioner’s Request for Extension of Preliminary Determination,’’ dated October 1, 2020. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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. 8 In its section A questionnaire response, Hankook stated that in March 1999, the name Hankook Tire Mfg. Co., Ltd. was changed to Hankook Tire Co., Ltd. In May 2019, the name of Hankook Tire Co. Ltd. was changed to Hankook Tire & Technology Co. Ltd. Hankook Tire America Corp. and Hankook Tire Manufacturing Tennessee, LP, are directly and indirectly wholly-owned subsidiaries of Hankook Tire & Technology Co. Ltd. See Hankook’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea (A–580– 908): Initial Section A Questionnaire Response,’’ dated September 14, 2020. and the FTZ Board’s regulations, including Section 400.14. Dated: December 31, 2020. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2020–29271 Filed 1–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–908] Passenger Vehicle and Light Truck Tires From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that passenger vehicle and light truck tires (passenger tires) from the Republic of Korea (Korea) 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 : Elfi Blum or Jun Jack Zhao, 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) 482–0197 or (202) 482–1396, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) 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 by 50 days, to December 29, 2020, pursuant to section 733(c)(1)(A) of the Act and 19 CFR 351.205(e). 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 included in the Preliminary Decision Memorandum is included as Appendix II 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/. 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 passenger tires from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s 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 for comments on scope-related issues.7 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price and constructed export price in accordance with section 772 of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily relied on partial facts otherwise available, with adverse inferences, for Hankook Tire & Technology Co. Ltd (Hankook).8 For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) 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 weighted- average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for Hankook and Nexen that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others’ rate using an average of the estimated weighted- average dumping margins calculated for the examined respondents weighted by each company’s publicly-ranged total VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 502 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 9 With two respondents under examination, Commerce normally calculates: (A) A weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average 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 company’s 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, e.g., 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 all- others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see Commerce’s Memorandum ‘‘Preliminary Determination of the Less-Than-Fair Value Investigation of Passenger Vehicles and Light Truck Tires from Korea: Rate for Non-Examined Companies,’’ dated concurrently with this FR notice. 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 12 See Hankook’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea (A– 580–908): Request to Extend the Final Determination and Provisional Measures,’’ dated December 2, 2020; and Nexen’s Letters, ‘‘Passenger Vehicle and Light Truck Tires From South Korea: Request for Postponement of the Final Determination,’’ dated December 9, 2020. U.S. sale values for the merchandise under consideration. 9 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter/producer Estimated weighted- average dumping margin (percent) Hankook Tire & Technology Co. Ltd (Hankook) ......................... 38.07 Nexen Tire Corporation (Nexen) 14.24 All Others .................................... 27.81 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit for estimated antidumping duties equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on- site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. 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 case briefs, may be submitted no later than seven days after the deadline date for case briefs.10 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 11 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On December 2 and 9, 2020, Hankook and Nexen, respectively, requested that, in the event of an affirmative preliminary determination in this investigation, Commerce postpone its final determination in accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2) from a four-month to a six-month period.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 503Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 29, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by these investigations regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 265/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTGC molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 504 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Initiation of Less- Than-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 in the Less-Than-Fair- Value Investigations, 85 FR 65791 (October 16, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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. (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 .......... 254/70R/12 ....... 72 27x10R14 .......... 254/65R/14 ....... 73 28x10R14 .......... 254/70R/14 ....... 75 28x10R14 .......... 254/70R/14 ....... 86 30X10R14 ......... 254/80R/14 ....... 79 30x10R15 .......... 254/75R/15 ....... 78 30x10R14 .......... 254/80R/14 ....... 90 31x10R14 .......... 254/85R/14 ....... 81 32x10R14 .......... 254/90R/14 ....... 95 32x10R15 .......... 254/85R/15 ....... 83 32x10R15 .......... 254/85R/15 ....... 94 33x10R15 .......... 254/90R/15 ....... 86 33x10R15 .......... 254/90R/15 ....... 95 35x9.50R15 ....... 241/105R/15 ..... 82 35x10R15 .......... 254/100R/15 ..... 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope of The Investigation VI. Scope Comments VII. Application of Facts Available and Use of Adverse Inference VIII. Discussion of the Methodology IX. Currency Conversion X. Recommendation [FR Doc. 2020–29299 Filed 1–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–828] Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that passenger vehicle and light truck tires (passenger tires) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 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 : Jasun Moy or Robert Scully, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8194 or (202) 482–0572, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) 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 included in the Preliminary Decision Memorandum is included as Appendix II 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/. 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 passenger tires from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s 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 VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - Thailand === 517Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 11 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 13 See section 782(b) of the Act; see also Final Rule; and the frequently asked questions regarding the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 14 See 19 CFR 351.302. and fourth anniversary of the publication of an AD order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), Commerce, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine whether AD duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Gap Period Liquidation For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant ‘‘gap’’ period of the order (i.e., the period following the expiry of provisional measures and before definitive measures were put into place), if such a gap period is applicable to the POR. Administrative Protective Orders and Letters of Appearance Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in Commerce’s regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Factual Information Requirements Commerce’s regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the Final Rule,11 available at https://enforcement.trade.gov/frn/ 2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 12 Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information using the formats provided at the end of the Final Rule.13 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements. Extension of Time Limits Regulation Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by Commerce. 14 In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: December 30, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–29272 Filed 1–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–842] Passenger Vehicle and Light Truck Tires From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that passenger vehicle and light truck tires (passenger tires) from Thailand 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 : Myrna Lobo or Leo Ayala, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 518 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Initiation of Less- Than-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 in the Less-Than-Fair- Value Investigations, 85 FR 65791 (October 16, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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. 8 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted- average 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 company’s 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 all- others 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. Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2371 or (202) 482–3945, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) 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 included in the Preliminary Decision Memorandum is included as Appendix II 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/. 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 passenger tires from Thailand . For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s 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 sections 772(a) and 772(b) 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 the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) 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 weighted- average 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 LLIT Thailand Co., Ltd. (LLIT) and Sumitomo Rubber (Thailand) Co., Ltd. (SRT) 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 company’s publicly-ranged values for the merchandise under consideration.8 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Exporter/producer Estimated weighted- average dumping margin (percent) LLIT Thailand Co., Ltd ................ 22.21 Sumitomo Rubber (Thailand) Co., Ltd ................................... 13.25 All Others .................................... 16.66 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 519Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 11 See LLIT’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from Thailand: Request for an Extension of the Final Determination,’’ dated December 4, 2020. 12 See Petitioner’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Request to Extend the Final Determination,’’ dated December 1, 2020. deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on- site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. 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 case briefs, may be submitted no later than seven days after the deadline date for case briefs.9 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On December 4, 2020, pursuant to 19 CFR 351.210(e), LLIT requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.11 On December 1, 2020, the petitioner requested, pursuant to 19 CFR 351.210(b)(2)(i), that Commerce postpone the final determination, contingent on a negative preliminary determination. 12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES 520 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by these investigations regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 265/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTGC molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) The tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 .......... 254/70R/12 ....... 72 27x10R14 .......... 254/65R/14 ....... 73 28x10R14 .......... 254/70R/14 ....... 75 28x10R14 .......... 254/70R/14 ....... 86 30X10R14 ......... 254/80R/14 ....... 79 30x10R15 .......... 254/75R/15 ....... 78 30x10R14 .......... 254/80R/14 ....... 90 31x10R14 .......... 254/85R/14 ....... 81 32x10R14 .......... 254/90R/14 ....... 95 32x10R15 .......... 254/85R/15 ....... 83 32x10R15 .......... 254/85R/15 ....... 94 33x10R15 .......... 254/90R/15 ....... 86 33x10R15 .......... 254/90R/15 ....... 95 35x9.50R15 ....... 241/105R/15 ..... 82 35x10R15 .......... 254/100R/15 ..... 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2020–29300 Filed 1–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA739] New England Fishery Management Council; Public Hearings AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and VerDate Sep<11>2014 19:08 Jan 05, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Final - South Africa === 28569Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 501 (January 6, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Passenger Vehicle and Light Truck Tires from the Republic of Korea,’’ dated concurrently with, and herby adopted by, this notice (Issues and Decision Memorandum). 3 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 December 29, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Scope Comments Final Decision Memorandum.’’ dated concurrently with this notice (Final Scope Decision Memorandum). 5 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Notice of Correction to Preliminary Determinations in Less- Than-Fair-Value Investigations, 86 FR 7252 (January 27, 2021). 6 See Commerce’s Letters, ‘‘In Lieu of Verification Supplemental,’’ dated March 8, 2021; see also Hankook’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from the Republic of Korea (A–580– 908): Verification Questionnaire Response,’’ dated March 16, 2021, and Nexen’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from South Korea: Response to Request for Information In Lieu of Verification,’’ dated March 17, 2021. 7 See Memoranda, ‘‘Analysis for the Final Determination of the Less-Than-Fair Value Investigation of Passenger Vehicle and Light Truck Tires from South Korea: Final Margin Analysis for Hankook Tire & Technology Co. Ltd.’’ dated May 21, 2021; ‘‘Analysis for the Final Determination of the Less-Than-Fair Value Investigation of Passenger Vehicle and Light Truck Tires from South Korea: Final Margin Analysis for Nexen Tire Corporation.’’ dated May 21, 2021. Comment 11: Whether Sailun Used the Program on Preferential Rent Comment 12: Whether Commerce Should Revise the Benchmark for Preferential Rent for KTV VII. Recommendation [FR Doc. 2021–11265 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–908] Passenger Vehicle and Light Truck Tires From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that passenger vehicle and light truck tires (passenger tires) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2019, through March 31, 2020. DATES : Applicable May 27, 2021. FOR FURTHER INFORMATION CONTACT : Elfi Blum or Jun Jack Zhao, 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) 482–0197 or (202) 482–1396, respectively. SUPPLEMENTARY INFORMATION : Background On January 6, 2021, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of passenger tires from Korea, in which we also postponed the final determination until May 21, 2021. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination is found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are passenger tires from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments. 3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 4 With the exception of one revision to correct a typographical error, Commerce is not modifying the scope language as it appeared in the correction to the Preliminary Determination.5 See Appendix I for the final scope of the investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our requests for information in lieu of verification, we made changes to the margin calculations regarding Hankook Tire & Technology Co. Ltd. (Hankook) and Nexen Tire Corporation (Nexen). For a discussion of these changes, see the Issues and Decision Memorandum as well as the final analysis memoranda for Hankook and Nexen.7 All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. In this investigation, Commerce calculated estimated weighted-average dumping margins for Hankook and Nexen that are not zero, de minimis, or based entirely on facts otherwise VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28570 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 8 With two respondents under examination, Commerce normally calculates: (A) An average, weighted by each respondent’s publicly-ranged U.S. sale quantity for the merchandise under consideration, of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) an average, weighted by each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration, of the estimated weighted-average dumping margins calculated for the examined respondents. Commerce then compares (B) and (C) to (A) and selects either the (B) or (C) rate based on the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., 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 are available, Commerce based the all-others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see ’ Memorandum ‘‘Final Determination of the Less- Than-Fair Value Investigation of Passenger Vehicles and Light Truck Tires from Korea: Rate for Non- Examined Companies,’’ dated concurrently with this notice. available. Commerce calculated the all- others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents weighted by each respondent’s publicly-ranged total U.S. sale values for the merchandise under consideration. 8 Final Determination The final estimated weighted-average dumping margins are as follows: Exporter or producer Estimated weighted- average dumping margin (percent) Hankook Tire & Technology Co. Ltd ........................................... 27.05 Nexen Tire Corporation .............. 14.72 All Others .................................... 21.74 Disclosure We intend to disclose the calculations performed in this final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of passenger tires from Korea, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after January 6, 2021, the date of publication in the Federal Register of the affirmative Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct CBP to require a cash deposit as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a company identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) of passenger tires no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice will serve as a final reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 21, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this investigation may be tube- type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars. LT—Identifies a tire intended primarily for service on light trucks. Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES 28571Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices Specifically excluded from the scope are the following types of tires: (1) Racing car tires; such tires do not bear the symbol ‘‘DOT’’ on the sidewall and may be marked with ‘‘ZR’’ in size designation; (2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (3) non-pneumatic tires, such as solid rubber tires; (4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1R (‘‘T’’ Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT–1B (‘‘T’’ Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book, (b) the designation ‘‘T’’ is molded into the tire’s sidewall as part of the size designation, and, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a ‘‘M’’ rating; (5) tires designed and marketed exclusively as temporary use spare tires for light trucks which, in addition, exhibit each of the following physical characteristics: (a) the tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17, 245/75R17, 245/ 70R18, or 265/70R18 size designation; (b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is molded into the tire’s sidewall; (c) the tread depth of the tire is no greater than 6.2 mm; and (d) Uniform Tire Quality Grade Standards (‘‘UTQG’’) ratings are not molded into the tire’s sidewall with the exception of 265/ 70R17 and 255/80R17 which may have UTQG molded on the tire sidewall; (6) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions: (a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book, (b) the designation ‘‘ST’’ is molded into the tire’s sidewall as part of the size designation, (c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘For Trailer Service Only’’ or ‘‘For Trailer Use Only’’, (d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and (e) either (i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; or (ii) the tire’s speed rating molded on the sidewall is 87 MPH or an ‘‘N’’ rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either (1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or (2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; (7) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics: (a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book, (b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is ‘‘Not For Highway Service’’ or ‘‘Not for Highway Use’’, (c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a ‘‘G’’ rating, and (d) the tire features a recognizable off-road tread design; (8) Tires designed and marketed for off- road use as all-terrain-vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which, in addition, exhibit each of the following characteristics: (a) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 87 MPH or an ‘‘N’’ rating, and (b) both of the following physical characteristics are satisfied: (i) The size designation and load index combination molded on the tire’s sidewall does not match any of those listed in the passenger car or light truck sections of the Tire and Rim Association Year Book, and (ii) The size designation and load index combination molded on the tire’s sidewall matches any of the following size designation (American standard or metric) and load index combinations: American standard size Metric size Load index 26x10R12 ...... 254/70R/12 .... 72 27x10R14 ...... 254/65R/14 .... 73 28x10R14 ...... 254/70R/14 .... 75 28x10R14 ...... 254/70R/14 .... 86 30X10R14 ..... 254/80R/14 .... 79 30x10R15 ...... 254/75R/15 .... 78 30x10R14 ...... 254/80R/14 .... 90 31x10R14 ...... 254/85R/14 .... 81 32x10R14 ...... 254/90R/14 .... 95 32x10R15 ...... 254/85R/15 .... 83 32x10R15 ...... 254/85R/15 .... 94 33x10R15 ...... 254/90R/15 .... 86 33x10R15 ...... 254/90R/15 .... 95 35x9.50R15 ... 241/105R/15 .. 82 35x10R15 ...... 254/100R/15 .. 97 The products covered by this investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes from the Preliminary Determination V. Application of Facts Available and Use of Adverse Inference VI. Discussion of the Issues Comment 1: Application of Partial Adverse Facts Available (AFA) to Certain Downstream Sales of Hankook Comment 2: Hankook’s Revised Home and U.S. Market Sales Data Comment 3: Hankook’s Minor Corrections Comment 4: Hankook’s Warranty Expenses Comment 5: Application of Partial AFA to Nexen’s Sample Sales Comment 6: Nexen’s CEP Offset Comment 7: Nexen’s Noise Reduction Foam and Special Wrapping Costs VII. Recommendation [FR Doc. 2021–11262 Filed 5–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–878] Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018– 2019 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea) were sold in the United States at less than normal value during the period of review of July 1, 2018, through June 30, 2019. DATES : Applicable May 27, 2021. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES
Active order issued from this investigation
Investigation 701-TA-647 is a U.S. International Trade Commission antidumping (AD) proceeding on Passenger Vehicle and Light Truck Tires from Korea, Taiwan, Thailand, and Vietnam; Inv. Nos. 701-TA-647 and 731-TA-1517-1520 (Final) from Vietnam, South Korea, Taiwan, Thailand. The ITC determines whether U.S. industry is materially injured (or threatened) by imports under investigation; Commerce determines whether dumping or subsidization is occurring. Both findings are required for an AD/CVD order to be issued.
701-TA-647 is in the final phase, with status completed. Final phase — the ITC's final determination on injury, after Commerce issues its final dumping/subsidy determination. An affirmative final determination from both agencies triggers issuance of an AD/CVD order.
Yes — investigation 701-TA-647 resulted in AD/CVD case A-549-842. The linked order page on this catalog has the active deposit rate, scope text, and Federal Register citation.
Tandom guides relevant to AD/CVD investigations
Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.
Open resource
Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.
Open resource
The USITC publishes investigation determinations and milestones on its Investigations Data Service (IDS) at ids.usitc.gov. Tandom's catalog re-syncs from IDS daily; new phases, votes, and determinations appear here within 24 hours of USITC publication.
Scope text is authoritative; the HTS list is illustrative. Read scope, find past rulings, and file a 19 CFR 351.225 inquiry. Worked example on case A-570-106 (wooden cabinets from China).
Open resource