Truck and Bus Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review in Part; 2020
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the countervailing duty (CVD) order on truck and bus tires from the Peop...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
( printed page 52365)
SUMMARY:
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the countervailing duty (CVD) order on truck and bus tires from the People's Republic of China (China), covering the period of review (POR) January 1, 2020, through December 31, 2020, to correct ministerial errors.
DATES:
Applicable August 25, 2022.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski, 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) 482-1395.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the
Final Results
of this review on June 30, 2022.[1]
On June 30, 2022, we also received timely submitted ministerial error comments from the petitioner.[2]
We are amending the
Final Results
to correct the ministerial errors raised by the petitioner.
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act of 1930, as amended (the Act), includes “errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.” [3]
With respect to final results of administrative reviews, 19 CFR 351.224(e) provides that Commerce “will analyze any comments received and if appropriate, correct any ministerial error by amending . . . the final results of review . . . .”
Ministerial Error
Commerce determines that, in accordance with section 751(h) of the Act and 19 CFR 351.224(f), it made ministerial errors in the
Final Results.
Pursuant to 19 CFR 351.224(e), Commerce is amending the
Final Results
to reflect the correction of these ministerial errors in the calculation of Qingdao Ge Rui Da Rubber Co., Ltd.'s (GRT's) countervailable subsidy rate, which changes from 16.76 percent to 17.48 percent. For a detailed discussion of Commerce's analysis,
see
the Ministerial Error Memorandum and Amended Analysis Memorandum.[4]
As a result of this change, the rate for the non-selected companies under review also changes from 16.85 percent to 17.51 percent.[5]
Amended Final Results of Review
As a result of correcting the ministerial errors described above, Commerce determines the following net countervailable subsidy rates for the POR, January 1, 2020, through December 31, 2020:
Producer/exporter
Subsidy rate
(percent
ad valorem)
Prinx Chengshan (Shandong) Tire Co., Ltd.6
17.85
Qingdao Ge Rui Da Rubber Co., Ltd.7
17.48
Review-Specific Average Rate Applicable to the Following Companies
Jiangsu General Science Technology Co., Ltd
17.51
Jiangsu Hankook Tire Co., Ltd
17.51
Qingdao Awesome International Trade Co., Ltd
17.51
Qingdao Doublestar Tire Industrial Co., Ltd
17.51
Shandong Haohua Tire Co., Ltd
17.51
Shandong Huasheng Rubber Co., Ltd
17.51
Shandong Kaixuan Rubber Co., Ltd
17.51
Triangle Tyre Co., Ltd
17.51
Disclosure
We intend to disclose the calculations performed for these amended final results in accordance with 19 CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce shall determine and U.S. Customs and Border Protections (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. We will calculate importer-specific assessment rate on the basis of the total amount of countervailing duties calculated for each importer's examined sales and the total entered values of the sales in accordance with 19 CFR 351.212.(b)(1).
We intend to issue liquidation instructions to CBP 35 days after publication of the amended final results of this review.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies subject to this review. For all non-reviewed companies, CBP will continue to collect cash deposits of estimated countervailing duties at the
( printed page 52366)
most recent company specific or all-others rate applicable to the company, as appropriate. These cash deposits, effective upon publication of these amended final results, shall remain in effect until further notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these amended final results of review in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e).
Dated: August 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Footnotes
1.
See Truck and Bus Tires from the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020,87 FR 39063 (June 30, 2022) (
Final Results).
2.
See
Petitioner's Letter, “Truck and Bus Tires from the People's Republic of China: Ministerial Error Comments,” dated June 30, 2022. The petitioner is United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers Union, AFL-CIO.
4.
See
Memorandum, “Ministerial Error Memorandum for the Final Results of the 2020 Administrative Review of the Countervailing Duty Order on Truck and Bus Tires from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Ministerial Error Memorandum);
see also
Memorandum, “2020 Administrative Review of the Countervailing Duty Order on Truck and Bus Tires from the People's Republic of China: Amended Final Results Calculations for Qingdao Ge Rui Da Rubber Co., Ltd.,” dated concurrently with this notice (Amended Analysis Memorandum).
5.
See
Memorandum, “2020 Administrative Review of the Countervailing Duty Order on Truck and Bus Tires from the People's Republic of China: Amended Final Subsidy Rate Calculations for Respondents Not Selected for Individual Examination,” dated concurrently with this notice.
6.
Cross-owned affiliates are Chengshan Group Co., Ltd.; Shanghai Chengzhan Information and Technology Center; Prinx Chengshan (Qingdao) Industrial Research & Design Co., Ltd.; and Shandong Prinx Chengshan Tire Technology Research Co., Ltd.
7.
Cross-owned affiliates are Cooper Tire (China) Investment Co. Ltd.; Cooper Tire Asia-Pacific (Shanghai) Trading Co., Ltd.; Cooper (Kunshan) Tire Co., Ltd.; and Qingdao Yiyuan Investment Co., Ltd.
Use this for formal legal and research references to the published document.
87 FR 52364
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Truck and Bus Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review in Part; 2020,” thefederalregister.org (August 25, 2022), https://thefederalregister.org/documents/2022-18329/truck-and-bus-tires-from-the-people-s-republic-of-china-amended-final-results-of-countervailing-duty-administrative-revi.