Notice2025-12947
Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results and Partial Recission of Antidumping Duty Administrative Review; 2023-2024
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
July 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this review made sales of subject merchandise at less than normal value (NV) during the period of review (POR), March 1, 2023, through February 29, 2024. We are also rescinding this administrative review, in part, with respect to 14 companies because these companies had no reviewable entries of subject merchandise during the POR. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 90 Issue 131 (Friday, July 11, 2025)</title>
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[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Notices]
[Pages 30871-30874]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12947]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Preliminary
Results and Partial Recission of Antidumping Duty Administrative
Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters subject to this review made
sales of subject merchandise at less than normal value (NV) during the
period of review (POR), March 1, 2023, through February 29, 2024. We
are also rescinding this administrative review, in part, with respect
to 14 companies because these companies had no reviewable entries of
subject merchandise during the POR. We invite interested parties to
comment on these preliminary results of review.
DATES: Applicable July 11, 2025.
FOR FURTHER INFORMATION CONTACT: Maria Papakostas or Seth Brown, AD/CVD
Operations, Office IX, Enforcement and Compliance, International Trade
[[Page 30872]]
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0086 or (202) 482-0029,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2017, Commerce published in the Federal Register the
antidumping duty (AD) order on certain new pneumatic off-the-road tires
(OTR tires) from India.\1\ On May 8, 2024, based on timely requests for
review, Commerce initiated an administrative review of the Order
covering 26 companies.\2\ On November 18, 2024, Commerce extended the
time limit for these preliminary results to April 7, 2025.\3\ On
December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\4\ Accordingly, the deadline for
the final results is now July 7, 2025. For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\5\
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\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order); see
also Certain New Pneumatic Off-the-Road Tires from India: Notice of
Correction to Antidumping Duty Order, 82 FR 25598 (June 2, 2017).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 38867 (May 8, 2024).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated
November 18, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain New Pneumatic Off-the-Road Tires from India; 2023-2024,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the scope of the Order is OTR tires from
India. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Recission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order where it concludes that
there were no suspended entries of subject merchandise during the
POR.\6\ Normally, upon completion of an administrative review, the
suspended entries are liquidated at the AD assessment rate for the
review period.\7\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated AD assessment rate for the review period.\8\ On August
13, 2024, we notified parties of our intent to rescind this review
regarding the companies listed in Appendix III because there were no
reviewable, suspended entries of subject merchandise from these
companies during the POR and invited interested parties to comment.\9\
No parties commented on our intent to rescind the review, in part. In
the absence of any suspended entries of subject merchandise from these
companies during the POR, we are rescinding this administrative review
for the companies listed in Appendix III, in accordance with 19 CFR
351.213(d)(3).
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\6\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
\7\ See 19 CFR 351.212(b)(1).
\8\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1337 (CIT 2019), at 12 (referring to section
751(a) of the Tariff Act of 1930, as amended (the Act), the U.S.
Court of International Trade held: ``While the statute does not
explicitly require that an entry be suspended as a prerequisite for
establishing entitlement to a review, it does explicitly state the
determined rate will be used as the liquidation rate for the
reviewed entries. This result can only obtain if the liquidation of
entries has been suspended''; see also Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review and Final Determination of No Shipments;
2018-2019, 86 FR 36102 (July 8, 2021), and accompanying Issues and
Decision Memorandum at Comment 4; and Solid Fertilizer Grade
Ammonium Nitrate from the Russian Federation: Notice of Rescission
of Antidumping Duty Administrative Review, 77 FR 65532 (October 29,
2012) (noting that ``for an administrative review to be conducted,
there must be a reviewable, suspended entry to be liquidated at the
newly calculated assessment rate'').
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated August 13, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as Appendix I. The Preliminary Decision
Memorandum is a public document and is 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Review-Specific Rate for Non-Examined Companies
The statute 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 a market economy less-than-fair-value (LTFV)
investigation, for guidance when 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{time} .''
We preliminarily calculated a de minimis dumping margin for one of
the two mandatory respondents, Asian Tire Factory Ltd. and Lyallpur
Rubber Mills (collectively, ATF). Therefore, we have preliminarily
assigned a dumping margin to the companies not selected for individual
examination in this review \10\ based on the rate calculated for the
other mandatory respondent, ATC Tires Private Limited and ATC Tires AP
Private Ltd. (collectively, ATC).
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\10\ See Appendix II.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the period March
1, 2023, through February 29, 2024:
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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..... 3.78
Asian Tire Factory Ltd.; Lyallpur Rubber Mills.............. 0.00
Companies Not Selected for Individual Review \11\........... 3.78
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[[Page 30873]]
Disclosure
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\11\ The exporters or producers not selected for individual
review are listed in Appendix II.
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We intend to disclose to interested parties the calculations
performed for these preliminary results 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\12\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\13\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit with each
argument: (1) a table of contents listing each issue; and (2) a table
of authorities.\14\
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\12\ See 19 CFR 351.309.
\13\ See 19 CFR 351.309(d)(1); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue.
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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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 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 whether any participant is
a foreign national; and (3) a list of issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case briefs. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
parties will be notified of the time and date for the hearing.\16\
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\16\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\17\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\18\
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\17\ See 19 CFR 351.303.
\18\ See APO and Service Final Rule.
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Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and CBP shall
assess, antidumping duties on all appropriate entries covered by this
review. Pursuant to 19 CFR 351.212(b)(1), where the respondent reported
the entered value of its U.S. sales, we will calculate importer-
specific ad valorem 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
the respondent did not report entered value, we will calculate
importer-specific per-unit duty assessment rates based on the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total quantity of those sales. To determine whether an
importer-specific per-unit assessment rate is de minimis in accordance
with 19 CFR 351.106(c)(2), we will also calculate an importer-specific
ad valorem ratio based on estimated entered values. Where either a
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.\19\
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\19\ See 19 CFR 351.212(c)(2).
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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.\20\
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\20\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 Non-
Examined Companies'' section, above.
For the companies listed in Appendix III for which we are
rescinding this review, we will instruct CBP to assess antidumping
duties on all appropriate entries at a rate equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, in accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue these rescission instructions to CBP no
earlier than 35 days after the date of publication of this notice in
the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
ATC, ATF, and the companies listed in Appendix II 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).
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated duties, where
applicable.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following 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
[[Page 30874]]
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the
companies listed above will be that 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 covered by this review, 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, a prior review, or the LTFV investigation, but the producer is,
then the cash deposit rate will be the rate established for the most
recently-completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 3.67 percent, the all-others rate
established in the LTFV investigation.\22\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\22\ See Order.
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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, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice 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 and/or countervailing duties prior to
liquidation of the relevant entries during this POR. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping and/or countervailing and the subsequent
assessment of doubled antidumping duties, and/or an increase in the
amount of antidumping by the amount of countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: July 7, 2025.
Christopher Abbott,
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies Not Selected for Individual Review
1. Apollo Tyres Ltd.
2. CEAT Ltd.
3. JK Tyres and Industries Ltd.
4. K.R.M. Tyres
5. Mahansaria Tyres Private Limited
6. MRF Limited
7. MRL Tyres Limited
8. Speedways Rubber Company
9. Sun Tyres & Wheel Systems
10. TVS Srichakra Limited
Appendix III
Companies With No Reviewable Entries
1. Aakriti Manufacturing Pvt. Ltd.
2. Balkrishna Industries Ltd.
3. Carrier Wheels Private Limited
4. Cavendish Industries Ltd.
5. Celite Tyre Corporation
6. Emerald Resilient Tyre Manufacturer
7. HRI Tires India
8. John Deere India Pvt. Ltd.
9. OTR Laminated Tyres (I) Pvt. Ltd.
10. Ralson Tyres Limited
11. Royal Tyres Private Limited
12. Sundaram Industries Private Limited
13. Tyre Experts LLP
14. Ultra Mile
[FR Doc. 2025-12947 Filed 7-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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