Notice2024-24430
Certain New Pneumatic Off-the-Road Tires From India: Final Results of Countervailing Duty Administrative Review; 2022
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 22, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of certain new pneumatic off-the-road tires (OTR Tires), from India during the period of review (POR) January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84331-84333]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24430]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-870]
Certain New Pneumatic Off-the-Road Tires From India: Final
Results of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers/exporters of
certain new pneumatic off-the-road tires (OTR Tires), from India during
the period of review (POR) January 1, 2022, through December 31, 2022.
DATES: Applicable October 22, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On April 5, 2024, Commerce published the preliminary results of
this administrative review.\1\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
On August 6, 2024, we extended the time limit for these final results
to October 9, 2024.\3\ For a description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
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\1\ See Certain New Pneumatic Off-The-Road Tires from India:
Preliminary Results of Countervailing Duty Administrative Review;
2022, 89 FR 23969 (April 5, 2024) (Preliminary Results).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated August 6, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the Countervailing Duty Administrative Review of
Off-the-Road Tires from India; 2022,'' 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 New Pneumatic Off-the-Road Tires from India and
Sri Lanka: Amended Final Affirmative Countervailing Duty
Determination for India and Countervailing Duty Orders, 82 FR 12556
(March 6, 2017) (Order).
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The products covered by the order are OTR 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 parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice at Appendix I. 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 comments received from interested parties and record
information, we made certain changes from the Preliminary Results
regarding the subsidy calculations for ATC Tires Private Limited (ATC)
and Balkrishna Industries Ltd. (BKT). These changes are explained in
the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found countervailable, Commerce finds that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a description of the methodology underlying all of
Commerce's conclusions, including any determination that relied upon
the use
[[Page 84332]]
of adverse facts available pursuant to section 776(a) and (b) of the
Act, see the Issues and Decision Memorandum.
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\6\ 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.
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Companies Not Selected for Individual Review
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
Generally, Commerce looks to section 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
that were not selected for individual examination in an administrative
review. Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Under section 705(c)(5)(A) of the Act, the all-others
rate is normally ``an amount equal to the weighted average of the
countervailable subsidy rates established for exporters and producers
individually investigated, excluding any zero or de minimis
countervailable subsidy rates, and any rates determined entirely {on
the basis of facts available{time} .''
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\7\ We determine that ATC received countervailable subsidies
that are above de minimis and are not based entirely on facts
available. Therefore, we determine to apply the net subsidy rates
calculated for ATC. The companies for which a review was requested,
which were not selected as mandatory respondents or found to be cross-
owned with a mandatory respondent, are listed in Appendix II.
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\7\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
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Final Results of Review
We determine that the following net countervailable subsidy rates
exist for the period January 1, 2022, through December 31, 2022:
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\8\ See Appendix II of this notice for a list of all companies
subject to this review that were not selected for individual
examination and to which Commerce has assigned the non-examined
company rate.
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Subsidy rate
Producer/exporter (percent ad
valorem)
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ATC Tires Private Limited................................. 1.70
Balkrishna Industries Ltd................................. * 0.34
Non-Selected Companies Under Review \8\................... 1.70
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* De minimis.
Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results of review 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 sections 751(a)(1) and (a)(2)(C) of the Act and 19 CFR
351.212(b), Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
in accordance with the final results of this review.
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
In accordance with section 751(a)(1) and (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
listed above on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review. Because the rate
calculated for BKT is de minimis, no cash deposit will be required on
shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
the 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 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 sanctionable
violation.
Notification to Interested Parties
Commerce is issuing the final results and publishing this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
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. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: ATC's Electricity Duty Exemption under the Gujarat
Electricity Act, 1958
Comment 2: ATC's Import and Local Duty, Value-Added Tax, and
Central Sales Tax (CST) Exemptions Under the Export-Oriented Units
(EOU) and Special Economic Zones (SEZ) Programs
Comment 3: ATC's SEZ Income Tax Exemption Under Section 10AA of
the Income Tax Act
Comment 4: BKT's Import Duty Exemptions Under the Export
Promotion of Capital Goods Scheme
Comment 5: BKT's Import Duty Exemptions Under the Advance
Authorization Scheme (AAS)
Comment 6: ATC's Import Duty Exemptions Under the AAS
VIII. Recommendation
Appendix II--Non-Examined Companies Under Review
1. Aakriti Manufacturing Pvt. Ltd.
2. Apollo Tyres Ltd.
3. Asian Tire Factory Limited.
4. Asiatic Tradelinks Private Limited.
5. Cavendish Industries Ltd.
6. Ceat Ltd.
7. Celite Tyre Corporation.
8. Emerald Resilient Tyre Manufacturer.
9. Forech India Private Limited.
10. HRI Tires India.
11. Innovative Tyres & Tubes Limited.
12. JK Tyre & Industries Ltd.
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13. John Deere India Pvt. Ltd.
14. K.R.M. Tyres.
15. Mahansaria Tyres Private Limited.
16. MRF Limited.
17. MRL Tyres Limited (Malhotra Rubbers Ltd.).
18. Neosym Industry Limited.
19. OTR Laminated Tyres (I) Pvt. Ltd.
20. Royal Tyres Private Limited.
21. Rubberman Enterprises Pvt. Ltd.
22. Speedways Rubber Company.
23. Sun Tyre And Wheel Systems.
24. Sundaram Industries Private Limited.
25. Superking Manufacturers (Tyre) Pvt., Ltd.
26. TVS Srichakra Limited.
27. Ultra Mile.
[FR Doc. 2024-24430 Filed 10-21-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 22, 2024.
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