Notice2024-26769
Certain New Pneumatic Off-the-Road Tires from India: Amended 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
November 18, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on certain new pneumatic off-the-road tires from India (OTR tires) from India to correct a ministerial error. The period of review (POR) is March 1, 2022, through February 28, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 222 (Monday, November 18, 2024)</title>
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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90669-90670]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26769]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires from India: Amended
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) is amending the
final results of the administrative review of the antidumping duty
order on certain new pneumatic off-the-road tires from India (OTR
tires) from India to correct a ministerial error. The period of review
(POR) is March 1, 2022, through February 28, 2023.
DATES: Applicable November 18, 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 October 17, 2024, Commerce published the Final Results, in the
Federal Register.\1\ On October 15, 2024, we received a timely
submitted ministerial error allegation from Titan Tire Corporation (the
petitioner).\2\ We received no other ministerial error comments from
interested parties. Because we agree that we made a ministerial error
in the Final Results, we are amending the Final Results to correct the
ministerial error the petitioner alleged.
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\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Final Results of Antidumping Duty Administrative Review; 2022-2023,
89 FR 83641 (October 17, 2024) (Final Results), and accompanying
Issues and Decision Memorandum (IDM).
\2\ See Petitioner's Letter, ``Ministerial Error Comments,''
dated October 15, 2024 (Ministerial Error Comments).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
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. . .''
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\3\ See 19 CFR 351.224(f).
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Ministerial Error
In the Final Results, we determined that a startup adjustment was
not warranted for ATC Tires Private Limited/ATC AP Tires Private
Limited (collectively, ATC) and we stated our intention to disallow
ATC's claimed startup adjustment in our calculations for the Final
Results.\4\ In its Ministerial Error Comments, the petitioner alleged
that, in revising ATC's total cost of manufacturing (TOTCOM) to remove
the startup adjustment, Commerce inadvertently granted the startup
adjustment in the Final Results.\5\
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\4\ See Final Results IDM at Comment 3.
\5\ See Ministerial Error Comments at 3.
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We agree with the petitioner that we made a ministerial error in
the Final Results, pursuant to section 751(h) of the Act and 19 CFR
51.224(f) and have amended our calculations to remove ATC's startup
adjustment from TOTCOM. Pursuant to 19 CFR 351.224(e) and section
751(h) of the Act, we are amending the Final Results to correct this
ministerial error in the calculation of the weighted-average dumping
margin for ATC, which changes from 2.62 percent to 2.66 percent.
Furthermore, in the Final Results, we calculated the weighted-average
dumping margin for the companies that were not selected for individual
examination as the weighted average of the dumping margins determined
for the two mandatory respondents, weighted by their publicly ranged
U.S. sales values.\6\ Thus, based on the revised weighted-average
dumping margins calculated for ATC,\7\ we are also amending the rate
for the companies not selected for individual examination in this
review, which changes from 2.63 percent to 2.67 percent.\8\
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\6\ See Final Results, 89 FR at 83641.
\7\ The margin for the other mandatory respondent, Asian Tire
Factory Ltd./Lyallpur Rubber Mills (collectively, ATF), remains
unchanged from the Final Results and continues to be 2.76 percent.
\8\ See Memorandum, ``Calculation of the Amended Final Cash
Deposit Rate for Non-Selected Companies,'' dated concurrently with
this notice (Amended Non-Selected Companies Rate Memorandum).
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For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\9\ The Ministerial Error Memorandum is on file
electronically via ACCESS. ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>.
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\9\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum); see also Memorandum,
``Amended Final Results Analysis Memorandum for ATC Tires Private
Limited,'' dated concurrently with this notice.
\10\ See Appendix for a full list of these companies.
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Amended Final Results of Review
As a result of correcting the ministerial error described above, we
determine the following estimated weighted-average dumping margins for
the period March 1, 2022, through February 28, 2023:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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ATC Tires Private Limited; ATC Tires AP Private Limited..... 2.66
Companies Not Selected for Individual Review \10\........... 2.67
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Disclosure
Commerce intends to disclose the calculations performed for ATC in
connection with these amended final results of review 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
[[Page 90670]]
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 amended 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. Where an importer- (or
customer-) specific rate is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), 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 for which it did
not know that the merchandise it 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 the appendix which were not selected
for individual examination in this review, we will assign an assessment
rate based on the review specific rate, which is equal to the weighted
average of the dumping margins calculated for ATC in these amended
final results and ATF in the Final Results.\11\
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\11\ See Amended Non-Selected Companies Rate Memorandum.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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 amended cash deposit rate for ATC and
the other companies not individually examined in this review will be
equal to the weighted-average dumping margin that is established in the
amended 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 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.\12\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\12\ See Certain Now Pneumatic Off-the-Road Tires from India:
Antidumping Duly Order, 82 FR 12553 (March 6, 2017), 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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Notification to Importers
This notice also 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.
Administrative Protective Order
This notice serves as the final 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 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: November 8, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Companies Not Selected for Individual Examination Receiving the Review-
Specific Rate
1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\13\
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\13\ Subject merchandise produced and exported by Balkrishna
Industries Ltd. (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. 2024-26769 Filed 11-15-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 18, 2024.
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