Notice2026-10866
Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
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
June 1, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that 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, 2024, through February 28, 2025. In addition, we are rescinding the review with respect to 25 companies. Interested parties are invited to comment on these preliminary results of review.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Notices]
[Pages 32379-32382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10866]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review; 2024-2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that 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, 2024, through February 28, 2025. In addition,
we are rescinding the review with respect to 25 companies. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable June 1, 2026.
FOR FURTHER INFORMATION CONTACT: Maria Papakostas or Seth Brown, 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) 482-0086 or (202) 482-0029,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 28, 2025, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on certain new pneumatic off-the-
road tires (OTR tires) from India.\1\ On June 2, 2025, Commerce
selected ATC Tires Private Ltd.; ATC Tires AP Private Limited
(collectively, ATC) and Mahansaria Tyres Private Limited (MTPL) as the
mandatory respondents in this review.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 17568 (April 28, 2025); and Initiation
of Antidumping and Countervailing Duty Administrative Reviews, 90 FR
26967 (June 25, 2025) (where Commerce corrected the names for two
companies). See also Certain New Pneumatic Off-the-Road Tires from
India: Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order);
and Certain New Pneumatic Off-the-Road Tires from India: Notice of
Correction to Antidumping Duty Order, 82 FR 25598 (June 2, 2017).
\2\ See Memorandum, ``Respondent Selection,'' dated June 2,
2025.
---------------------------------------------------------------------------
Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
[[Page 32380]]
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ On January 22, 2026, we extended the deadline
for the preliminary results of this review.\5\ On April 14, 2026, we
further extended the deadline for the preliminary results of this
review to no later than May 26, 2026.\6\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results for 2024-2025 Antidumping Duty Administrative Review,''
dated January 22, 2026.
\6\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of 2024-2025 Antidumping Duty Administrative
Review,'' dated April 14, 2026.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of the topics discussed in the Preliminary Decision Memorandum
is attached as Appendix I to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
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/frnotices">https://access.trade.gov/frnotices</a>.
---------------------------------------------------------------------------
\7\ 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; 2024-2025,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is OTR tires from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
concludes that there were no suspended entries of subject merchandise
during the POR.\8\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the antidumping duty
assessment rate for the review period.\9\ 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 AD assessment rate calculated for
the POR.\10\ Commerce notified all interested parties of its intent to
rescind the instant 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.\11\ No party commented on this memorandum. 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).
---------------------------------------------------------------------------
\8\ 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).
\9\ See 19 CFR 351.212(b)(1).
\10\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F.Supp.3d 1328, 1337 (CIT 2019) (referring to section 751(a) of
the Act, the U.S. Court of International Trade held that
``{w{time} hile 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, 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'').
\11\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated August 14, 2025.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. NV is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Individually Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to apply 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 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 rates that are zero,
de minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available. Where the weighted-average dumping margin for
each of the individually examined companies is zero, de minimis, or
based entirely on facts available, section 735(c)(5)(B) of the Act
provides that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted-average
dumping margins determined for the exporters and producers individually
investigated.''
In this administrative review, we preliminarily calculated
weighted-average dumping margins for the mandatory respondents, ATC and
MTPL, that are not zero, de minimis, or based entirely on facts
available. Accordingly, we are preliminarily assigning to the companies
under review that were not selected for individual examination a
weighted-average dumping margin equal to the weighted average of the
estimated weighted-average dumping margins calculated for ATC and MTPL,
weighted by the mandatory respondents' publicly ranged total sales
values, consistent with the guidance in section 735(c)(5)(A) of the
Act.\12\
---------------------------------------------------------------------------
\12\ 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
Review-Specific Average Rate for the Preliminary Results of the
2024-2025 Administrative Review of the Antidumping Duty Order on
Certain New Pneumatic Off-the-Road Tires from India,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
[[Page 32381]]
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin exists for the
period March 1, 2024, through February 28, 2025:
---------------------------------------------------------------------------
\13\ The exporters or producers not selected for individual
review are listed in Appendix II.
------------------------------------------------------------------------
Weighted-
average
Producer/ exporter dumping margin
(percent)
------------------------------------------------------------------------
ATC Tires Private Ltd.; ATC Tires AP Private Limited.... 2.01
Mahansaria Tyres Private Limited........................ 1.07
Review-Specific Rate for Non-Selected Companies \13\.... 1.87
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties 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 accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify ATC's reported information relied upon in issuing its final
results.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this review. 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.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\15\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309(d); 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 Procedures).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\16\ 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. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\17\
---------------------------------------------------------------------------
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Procedures.
---------------------------------------------------------------------------
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 by 5:00 p.m. Eastern Time 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. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce will inform parties of the scheduled date for the hearing.\18\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
If ATC's and MTPL's weighted-average dumping margins are not zero
or de minimis (i.e., less than 0.50 percent) in the final results of
this review, Commerce intends to calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those sales. Where we do not have entered values for all U.S.
sales to a particular importer, we will calculate an importer-specific,
per-unit assessment rate on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
quantity of those sales.\19\ To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values. If ATC's and/or MTPL's
weighted-average dumping margin is zero or de minimis or where an
importer-specific ad valorem assessment rate is zero or de minimis, we
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\20\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.212(b)(1).
\20\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by ATC or
MTPL for which they did not know that the merchandise was destined for
the United States, we intend to instruct CBP to liquidate those entries
at the all-others rate calculated in the less-than-fair-value (LTFV)
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\21\
---------------------------------------------------------------------------
\21\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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-
Individually Examined Companies'' 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 future deposits of estimated duties, where applicable.\22\
---------------------------------------------------------------------------
\22\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
For the companies listed in Appendix III for which the review is
being rescinded, Commerce will instruct CBP to assess antidumping
duties on all appropriate entries. Antidumping duties shall be assessed
at rates equal to the cash deposit rate for estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue rescission instructions to CBP no earlier than 35 days
after the date of
[[Page 32382]]
publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
ATC, MTPL, 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).
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 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 cash deposit 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 LTFV investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recent
segment for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be zero percent, the all-others rate established in the LTFV
investigation.\23\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\23\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary 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
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: May 26, 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 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
Review-Specific Rate Applicable to Companies Not Selected for
Individual Review
1. Apollo Tyres Ltd.
2. Asian Tire Factory Ltd.; Lyallpur Rubber Mills
3. Ceat Ltd.
4. Emerald Resilient Tyre Manufacturer
5. HRI Tires India
6. Innovative Tyres & Tubes Limited
7. JK Tyres & Industries Ltd.
8. K.R.M. Tyres
9. MRF Limited
10. MRL Tyres Limited aka Malhotra Rubbers Ltd.
11. Speedways Rubber Company
12. TOT Tyres Private Limited
13. TVS Srichakra Limited
Appendix III
Companies With No Reviewable Entries Rescinded From Review
1. Aakriti Manufacturing Pvt. Ltd.
2. Ace Ventura Tyres and Tracks
3. Ammann India Private Limited
4. Asha Rubber Industries
5. Asiatic Tradelinks Private Limited
6. Balkrishna Industries Ltd.
7. Braza Tyres Pvt Ltd.
8. Carrier Wheels Private Limited
9. Cavendish Industries Ltd.
10. Celite Tyre Corporation
11. Faucon Industries
12. Forech India Private Limited
13. John Deere India Pvt. Ltd.
14. Neosym Industry Limited
15. OTR Laminated Tyres (I) Pvt. Ltd.
16. Ralson Tyres Limited
17. Royal Tyres Private Limited
18. Rubberman Enterprises Pvt. Ltd.
19. Sun Tyres And Wheel Systems
20. Sundaram Industries Private Limited
21. Superking Manufacturers (Tyre) Pvt., Ltd.
22. Trident International Pvt. Ltd.
23. Tyre Experts LLP
24. Ultra Mile
25. Viaz Tyres Limited
[FR Doc. 2026-10866 Filed 5-29-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 1, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.