Certain New Pneumatic Off-The-Road Tires From India: Amended Final Results of Countervailing Duty Administrative Review; 2023
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the countervailing duty (CVD) order on certain new pneumatic off-the-road tires (OTR tires) from India, covering the period of review (POR) January 1, 2023, through December 31, 2023. Commerce is amending the final results to correct ministerial errors in the calculations for ATC Tires Private Limited (ATC), and companies not selected for individual examination.
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<title>Federal Register, Volume 91 Issue 82 (Wednesday, April 29, 2026)</title>
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[Federal Register Volume 91, Number 82 (Wednesday, April 29, 2026)]
[Notices]
[Pages 23063-23065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08286]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-870]
Certain New Pneumatic Off-The-Road Tires From India: Amended
Final Results of Countervailing Duty Administrative Review; 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 countervailing duty
(CVD) order on certain new pneumatic off-the-road tires (OTR tires)
from India, covering the period of review (POR) January 1, 2023,
through December 31, 2023. Commerce is amending the final results to
correct ministerial errors in the calculations for ATC Tires Private
Limited (ATC), and companies not selected for individual examination.
DATES: Applicable April 29, 2026.
[[Page 23064]]
FOR FURTHER INFORMATION CONTACT: Sarah Keith, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0264.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2026, Commerce published in the Federal Register the
final results of this administrative review of the CVD order on OTR
tires from India.\1\ On March 23, 2026, Commerce received allegations
of ministerial errors from Titan Tire Corporation (Titan) and ATC.\2\
On March 24, 2026, Commerce received an errata on the allegations of
ministerial errors from Titan.\3\ On April 2, 2026, Commerce received
rebuttal comments from Titan and ATC.\4\ Commerce is amending the Final
Results to correct the ministerial errors.
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\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Final Results of Countervailing Duty Administrative Review; 2023, 91
FR 13285 (March 19, 2026) (Final Results), and accompanying Issues
and Decision Memorandum.
\2\ See Titan's Letter, ``Titan Tire Corporation's Ministerial
Error Comments,'' dated March 23, 2026; see also ATC's Letter, ``ATC
Tires Private Ltd.'s Ministerial Error Comments,'' dated March 23,
2026.
\3\ See Titan's Letter, ``Errata Titan Tire Corporation's
Ministerial Error Comments,'' dated March 24, 2026.
\4\ See Titan's Letter, ``Titan Tire Corporation's Reply to ATC
Tires Private Ltd.'s Ministerial Error Comments,'' dated April 2,
2026; see also ATC's Letter, ``ATC Tires Private Ltd.'s Rebuttal to
Petitioner's Ministerial Error Comments,'' dated April 2, 2026.
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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.'' \5\ 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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\5\ See 19 CFR 351.224(f).
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Ministerial Error
Commerce reviewed the record, and we agree that certain errors
alleged by ATC and Titan constitute ministerial errors within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f).\6\
Specifically, we find that we made inadvertent errors in the
calculation of total benefits received by ATC from Special Economic
Zone programs and Export Oriented Units Programs. Pursuant to 19 CFR
351.224(e), Commerce is amending the Final Results to reflect the
correction of the ministerial errors, as described in the Ministerial
Error Memorandum. Based on the corrections, BKT's final dumping margin
remains 0.57 percent, and ATC's final dumping margin changed from 5.96
percent to 7.44 percent. The amended estimated weighted-average dumping
margins are listed in the ``Amended Final Results of the Administrative
Review,'' section below. For a complete discussion of the ministerial
error allegation, as well as Commerce's analysis, see the Ministerial
Error Memorandum. The Ministerial Error Memorandum 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>.
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\6\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with this notice (Ministerial Error
Memorandum).
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Amended Final Results of the Administrative Review
As a result of correcting the ministerial errors described above,
Commerce determines that the following estimated weighted-average
dumping margins exist for the period January 1, 2023, through December
31, 2023:
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\7\ See the appendix for a list of these companies.
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Subsidy rate
Company (percent ad
valorem)
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ATC Tires Private Limited.......................... 7.44
Companies Not Selected for Individual Review \7\... 4.91
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these amended final 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 accordance with 19 CFR 351.224(b).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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) 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 for shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of this administrative 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, when imposed, shall remain in effect
until further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the disposition 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these amended final results of
administrative review in accordance with sections 751(h) and 777(i) of
the Act, and 19 CFR 351.224(e).
Dated: April 22, 2026.
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
List of Companies Not Selected for Individual Review
1. A.M. Pinard & Fils Inc
2. Aakriti Manufacturing Pvt. Ltd.
3. Ammann India Private Limited
4. Apollo Tyres Ltd.
5. Asian Tire Factory Limited.
6. Asiatic Tradelinks Private Limited.
7. Carrier Wheels Private Limited.
[[Page 23065]]
8. Cavendish Industries Ltd.
9. Ceat Ltd.
10. Celite Tyre Corporation.
11. Emerald Resilient Tyre Manufacturer.
12. Forech India Private Limited.
13. HRI Tires India.
14. Innovative Tyres & Tubes Limited.
15. JCB Service Ltd.
16. JK Tyre & Industries Ltd.
17. John Deere India Pvt. Ltd.
18. K.R.M. Tyres.
19. Mahansaria Tyres Private Limited.
20. MRF Limited.
21. MRL Tyres Limited (Malhotra Rubbers Ltd.).
22. Neosym Industry Limited.
23. OTR Laminated Tyres (I) Pvt. Ltd.
24. Ralson Tyres Limited
25. Royal Tyres Private Limited.
26. Rubberman Enterprises Pvt. Ltd.
27. Speedways Rubber Company.
28. Sun Tyre And Wheel Systems.
29. Sundaram Industries Private Limited.
30. Superking Manufacturers (Tyre) Pvt., Ltd.
31. TVS Srichakra Limited.
32. Tyre Experts LLP
33. Ultra Mile.
[FR Doc. 2026-08286 Filed 4-28-26; 8:45 am]
BILLING CODE 3510-DS-P
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