Notice2024-23915
Certain New Pneumatic Off-the-Road Tires From India: Final Results of Antidumping Duty Administrative Review; 2022-2023
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 17, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) March 1, 2022, through February 28, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 201 (Thursday, October 17, 2024)</title>
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[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83641-83643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23915]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Final
Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR) March 1, 2022, through February 28, 2023.
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On April 5, 2024, Commerce published the Preliminary Results and
invited comments from interested parties.\1\ On May 16, 2024, Titan
Tire Corporation (the petitioner), ATC Tires Private Limited/ATC AP
Tires Private Limited (collectively, ATC), Asian Tire Factory Ltd./
Lyallpur Rubber Mills (collectively, ATF), and Balkrishna Industries
Ltd. submitted timely-filed case briefs. On May 23, 2024, the
petitioner, ATC, and ATF submitted timely-filed rebuttal briefs. On
July 3, 2024, Commerce extended the deadline for the final results
until October 2, 2024.\2\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for the final results is now October 9, 2024. For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\4\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 23973 (April 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated July 3,
2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Administrative Review of the
Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires
from India,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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\5\ See Certain Now Pneumatic Off-the-Road Tires from India:
Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order).
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The merchandise subject to the Order is certain new pneumatic off-
the-road tires from India. For a full description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the margin calculations for ATC and ATF.\6\
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\6\ For a full description of these changes, see Issues and
Decision Memorandum.
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Rate for Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not address the rate to be
applied to companies not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance for calculating the
rate for companies which were not selected for individual examination
in an administrative review. Under section 735(c)(5)(A) of the Act, the
all-others rate is normally an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely on the basis
of facts available.
In this review, we calculated weighted-average dumping margins of
2.62 percent and 2.76 percent for ATC and ATF, respectively, and we
have assigned to the non-selected companies a rate of 2.63 percent,
which is the weighted average of ATC and ATF's margins, weighted by
their publicly ranged U.S. sales values.\7\
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\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the 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). See also Memorandum, ``Calculation of the Non-
Selected Company Rate for the Final Results,'' dated concurrently
with this notice.
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Final Results of Review
For these final results, we determine the following estimated
weighted-average dumping margins exist for the period March 1, 2022,
through February 28, 2023:
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\8\ The exporters or producers not selected for individual
review are listed in Appendix II.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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ATC Tires Private Limited; ATC Tires AP Private Limited..... 2.62
Asian Tire Factory Ltd.; Lyallpur Rubber Mills.............. 2.76
Companies Not Selected for Individual Review \8\............ 2.63
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[[Page 83642]]
Disclosure
Commerce intends to disclose the calculations performed for ATC and
ATF in connection with these final results to interested parties 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 the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), because ATC reported the entered
value of its U.S. sales, we calculated importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales for which entered value was reported. ATF did not report the
actual entered value for its U.S. sales; thus, we calculated importer-
specific per-unit duty assessment rates by aggregating the total amount
of antidumping duties calculated for the examined sales and dividing
this amount by the total quantity of those sales. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by ATC or ATF for which
the reviewed companies did not know that the merchandise they sold to
the intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.
For the companies listed in Appendix II which were not selected for
individual review, we will assign an assessment rate based on the
review-specific rate, calculated as noted in the ``Rate for Companies
Not Selected for Individual Examination'' section, above. 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 the future deposits of estimated duties
where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
covered in this review will be equal to the weighted-average dumping
margin that is established in the final results of this review, except
if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for previously investigated or reviewed
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, or the original
less-than-fair-value (LTFV) investigation, but the manufacturer is, the
cash deposit rate will be the cash deposit rate established for the
most recently completed segment for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be zero percent, the all-others rate
established in the LTFV investigation.\10\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Order, 82 FR at 12554 (the dumping margin of 3.67
percent assigned to all other producers/exporters was adjusted for
export subsidies found in the companion countervailing duty
investigation, resulting in an adjusted cash deposit rate of zero
percent).
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Administrative Protective Order
This notice serves as the only reminder to 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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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 Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Correction of a Ministerial Error for ATC
Comment 2: Application of the Export Subsidy Offset for ATC
Comment 3: Status of ATC's Startup Adjustment
Comment 4: Treatment of Certain of ATC's Reported Costs for
Direct Materials and Duties
Comment 5: Whether Commerce Should Reconsider Its Differential
Pricing Analysis for ATF
Comment 6: Whether Commerce Should Grant ATF an Export Subsidy
Offset
Comment 7: Whether an Adjustment for Duty Drawback or Certain
Other Programs is Warranted for ATF
Comment 8: Exclusion of Balakrishna Industries Ltd.'s Sales
VI. Recommendation
[[Page 83643]]
Appendix II--Companies Not Selected for Individual Examination
Receiving the Review-Specific Rate
1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\11\
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\11\ Subject merchandise produced and exported by BKT was
excluded from the Order. See Certain New Pneumatic Off-the-Road
Tires from India: Notice of Correction to Antidumping Duty Order, 82
FR 25598 (June 2, 2017). Accordingly, BKT is only covered by this
administrative review for subject merchandise produced in India
where BKT acted as either the manufacturer or exporter (but not
both).
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3. CEAT Ltd.
4. Emerald Resilient Tyre Manufacturer
5. HRI Tires India
6. JK Tyres and Industries Ltd.
7. K.R.M. Tyres
8. Mahansaria Tyres Private Limited
9. MRF Limited
10. MRL Tyres Limited (Malhotra Rubbers Ltd.)
11. Speedways Rubber Company
12. TVS Srichakra Limited
[FR Doc. 2024-23915 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 17, 2024.
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