Certain New Pneumatic Off-the-Road Tires From India: Affirmative Amended Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 9056-9058 [2017-02325]
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9056
Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
Dated: January 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–02207 Filed 2–1–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Civil Nuclear Trade Advisory
Committee: Meeting of the Civil
Nuclear Trade Advisory Committee
International Trade
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App.), in response to an identified need
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SUMMARY:
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16:31 Feb 01, 2017
Jkt 241001
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Dated: January 27, 2017.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2017–02212 Filed 2–1–17; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–869]
Certain New Pneumatic Off-the-Road
Tires From India: Affirmative Amended
Final Determination of Sales at Less
Than Fair Value and Final Negative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is amending its final
negative determination of sales at lessthan-fair-value (LTFV) with respect to
certain new pneumatic off-the-road tires
(OTR tires) from India to correct
ministerial errors in the calculation of
the weighted-average dumping margin
of Alliance Tires Private Limited (ATC),
one of the mandatory respondents in the
investigation. Correction of these errors
results in a revised margin for ATC that
is above de minimis, and, thus, also
results in an affirmative determination
of sales at LTFV. The Department is also
assigning a new ‘‘All-Others’’ rate.
DATES: Effective February 2, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Trisha Tran, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6412, or (202) 482–4852,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 6, 2017, the Department
publicly announced its Final
Determination 1 in the LTFV
investigation on OTR tires from India.
On January 9, 2017, Petitioners 2 alleged
1 See Certain New Pneumatic Off-the-Road Tires
from India: Final Negative Determination of Sales
at Less Than Fair Value and Final Determination
of Critical Circumstances, 82 FR 4848 (January 17,
2017) (Final Determination), and accompanying
Issues and Decision Memorandum (Final IDM).
2 Petitioners are Titan Tire Corporation and the
United Steel, Paper and Forestry, Rubber,
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
that the Department made certain
ministerial errors related to the
application of partial adverse facts
available (AFA) in the Final
Determination.3 On January 17, 2017,
ATC submitted its rebuttal comments.4
Based on an analysis of the allegations
submitted by Petitioners, the
Department determined that it did not
make ministerial errors with respect to
the application of partial AFA, as
defined by section 735(e) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.224(f).5 However, in the
context of evaluating Petitioner’s
allegation, the Department determined
that it made ministerial errors within
the meaning of section 735(e) of the Act
and 19 CFR 351.224(f) with respect to
ATC’s freight expenses, home market
credit expenses and U.S. indirect selling
expenses.6 Accordingly, the Department
revised the margin calculation for ATC,
and assigned a new ‘‘All-Others’’ rate, as
discussed below.
Scope of the Investigation
The products covered by this
investigation are OTR tires from India.
For a complete description of the scope
of the investigation, see Appendix I of
this notice.
mstockstill on DSK3G9T082PROD with NOTICES
Ministerial Errors
Section 735(e) of the Act, and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any similar
type of unintentional error which the
Secretary considers ministerial.’’ 7
The Department finds that the
purported errors alleged by Petitioners’
do not constitute ministerial errors
within the meaning of 19 CFR
351.224(f).8 Specifically, the
Department did not state that it
intended to determine, as partial AFA,
that 66 percent of the value of ATC’s
Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL–CIO,
CLC (the USW).
3 See Letter from Petitioners, ‘‘Certain New
Pneumatic Off-the-Road Tires from India:
Petitioners’ Ministerial Error Comments regarding
ATC,’’ dated January 9, 2017 (Petitioners’
Comments).
4 See Letter from ATC, ‘‘Certain New Pneumatic
Off-the-Road Tires from India: ATC Tires Private
Limited’s Reply to Petitioners’ Ministerial Error
Comments,’’ dated January 17, 2017 (ATC’s
Rebuttal Comments).
5 See Memorandum, ‘‘Antidumping Duty
Investigation on Certain New Pneumatic Off-theRoad Tires from India: Allegation of Ministerial
Errors in the Final Determination,’’ dated January
26, 2017 and hereby adopted by this notice
(Ministerial Error Memorandum).
6 Id.
7 See section 735(e) of the Act.
8 See Ministerial Error Memorandum.
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16:31 Feb 01, 2017
Jkt 241001
U.S. sales passed the Cohen’s d test in
order to apply the average-to-transaction
methodology.9 The Department
intentionally applied partial AFA to the
standard average-to-average differential
pricing methodology in the final margin
program because 65.33 percent of the
value of ATC’s U.S. sales passed the
Cohen’s d test, and the mixed
methodology margin did not result in a
meaningful difference between the
standard and mixed methodology
margins.10 Moreover, the Department
did not intend, as Petitioners allege, to
apply partial AFA to all three
methodologies, prior to determining
whether there was a meaningful
difference.11
Additionally, in reviewing the record,
the Department found that: (1) The
Department inadvertently omitted
additional fields reported by ATC as
part of its minor corrections that should
have been part of the final margin
calculation; (2) ATC did not revise the
home market credit expenses to include
the correct payment dates for the
particular sales identified as minor
corrections at the home market sales
verification; and (3) the Department
inadvertently included the costs
associated with the unreported sample
U.S. sales in the indirect selling
expenses. These are unintentional
errors, similar to the errors identified as
ministerial errors in the regulations,
and, therefore, constitute ministerial
errors within the meaning of 19 CFR
351.224(f). Therefore, the Department
corrected these errors in the final
margin program by: (1) Including the
two additional freight expense fields
(i.e., OTHFRTU, PICKUP_CHGU); (2)
revising the home market credit
expenses to include the correct payment
dates for the particular sales identified
at the home market sales verification;
and (3) revising the indirect selling
expenses to exclude the costs associated
with the free sample U.S. sales used in
the application of partial AFA to those
U.S. sales. Based on the above analysis,
ATC’s weighted-average dumping
margin increased from zero percent to
3.67 percent.
Negative Determination of Critical
Circumstances
In the Final Determination, the
Department considered the Petitioners’
9 Id.; see also, Memorandum, ‘‘Antidumping Duty
Investigation of Certain New Pneumatic Off-theRoad Tires (OTR) from India: Analysis of the Final
Negative Determination Margin Calculation for ATC
Tires Private Limited,’’ dated January 3, 2017
(ATC’s Final Analysis Memorandum) at 5–6 and
Attachment 2.
10 See Final IDM at 19.
11 Id. at 3–4.
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9057
critical circumstances allegation with
respect to producers and exporters
subject to the all others rate and
determined that the finding for whether
critical circumstances exist with respect
to such producers and exporters was
moot because the antidumping duty
margins for ATC and Balkrishna
Industries Limited (BKT), the other
mandatory respondent, were zero.12
ATC’s weighted-average dumping
margin increased from zero percent to
3.67 percent as a result of corrections to
ministerial errors, which has resulted in
a similar increase in the ‘‘All-Others’’
rate. Accordingly, we are addressing
whether critical circumstances exist
with respect to the ‘‘All-Others’’ rate.
Section 735(a)(3) of the Act provides
that the Department will determine that
critical circumstances exist in
antidumping duty investigations if:
(A)(i) There is a history of dumping and
material injury by reason of dumped
imports in the United States or
elsewhere of the subject merchandise, or
(ii) the person by whom, or for whose
account, the merchandise was imported,
knew or should have known that the
exporter was selling the subject
merchandise at LTFV and that there
would be material injury by reason of
such sales, and (B) there have been
massive imports of the subject
merchandise over a relatively short
period.
To determine whether there is a
history of dumping and material injury,
the Department generally considers
previous antidumping duty orders on
subject merchandise from the country in
question in the United States or current
orders imposed by other countries with
regard to imports of the same
merchandise.13 Because there is no
previous antidumping duty order on
OTR tires from India or record evidence
of current orders imposed by other
countries with regard to imports of the
same merchandise, the Department
finds that there is no history of injurious
dumping of OTR tires form India
pursuant to section 735(a)(3)(A)(i) of the
Act.
Furthermore, the Department
normally considers dumping margins of
25 percent or more for export price sales
12 See
Final Determination, 82 FR at 4849.
Certain Oil Country Tubular Goods from
the People’s Republic of China: Notice of
Preliminary Determination of Sales at Less Than
Fair Value, Affirmative Preliminary Determination
of Critical Circumstances and Postponement of
Final Determination, 74 FR 59117, 59120
(November 17, 2009); unchanged in Certain Oil
Country Tubular Goods from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, Affirmative Final Determination of
Critical Circumstances and Final Determination of
Targeted Dumping, 75 FR 20335 (April 19, 2010).
13 See
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02FEN1
9058
Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
and 15 percent or more for constructed
export price sales sufficient to impute
importer knowledge of sales at LTFV.14
The estimated weighted-average
dumping margins in this investigation
do not exceed the threshold sufficient to
impute knowledge of dumping (i.e., 25
percent for EP or 15 percent for CEP
sales). Therefore, the Department finds
that there is an insufficient basis to find
that importers knew nor should have
known that exporters in India were
selling subject merchandise at LTFV.15
As such, we find that critical
circumstances do not exist.
rate, as indicated in the ‘‘Amended
Final Determination Margins’’ section
above.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to suspend liquidation
on all appropriate entries of OTR tires
from India, except as noted below,
which were entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice.
Additionally, because the weightedaverage dumping margin for BKT in the
Amended Final Determination
Final Determination (i.e., 0.00 percent)
is unchanged, the Department is not
As a result of correcting the
ministerial errors, we determine that the directing CBP to suspend liquidation of
weighted-average dumping margins and entries of OTR tires from India
produced and exported by this entity.
cash deposit rates are as follows:
The instructions suspending liquidation
Cash
will remain in effect until further notice.
Weighteddeposit
The Department will also instruct
average
rate
Exporter/
CBP to require cash deposits for
dumping
adjusted
producer
suspended entries equal to the amounts
margins
for subsidy
(percent)
offset
as indicated above, which are adjusted
(percent)
for certain countervailable subsidies,
where appropriate. The all-others rate
ATC Tires Priapplies to all producers or exporters not
vate Ltd .....
3.67
0.00
All-Others ......
3.67
0.00 specifically listed. For the purpose of
determining cash deposit rates, the
As stated above, the weighted-average estimated weighted-average dumping
margins for imports of subject
dumping margin for BKT is unchanged
merchandise from India have been
from the Final Determination (i.e., 0.00
adjusted, as appropriate, for export
percent).
subsidies found in the final
‘‘All-Others’’ Rate
determination of the companion
Section 735(c)(5)(A) of the Act
countervailing duty investigation of this
provides that the estimated ‘‘All Others’’ merchandise imported from India.16
rate shall be an amount equal to the
U.S. International Trade Commission
weighted average of the estimated
In accordance with section 735(d) of
weighted-average dumping margins
the Act, we notified the U.S.
established for exporters and producers
individually investigated, excluding any International Trade Commission (ITC) of
the Final Determination and our
zero or de minimis margins, and any
amended final determination. As the
margins determined entirely under
section 776 of the Act. As a result of our preliminary determination was negative
and the amended final determination is
corrections to ATC’s final weightedaffirmative, in accordance with section
average margin, the only rate that is not
735(b)(3) of the Act, the ITC will
de minimis in this investigation is the
determine within 75 days of the
rate calculated for ATC. Consequently,
affirmative amended final determination
in accordance with section 735(c)(5)(A)
whether the domestic industry in the
of the Act, we have assigned the rate
United States is materially injured, or
calculated for ATC as the ‘‘All-Others’’
threatened with material injury, by
14 See, e.g., Notice of Final Determination of Sales
reason of imports or sales (or the
at Less Than Fair Value and Affirmative Critical
likelihood of sales) for importation of
Circumstances Determination: Bottom Mount
the subject merchandise. If the ITC
Combination Refrigerator-Freezers from Mexico, 77
determines that such injury exists, the
FR 17422, 17425 (March 26, 2012).
15 See Certain Oil Country Tubular Goods from
Department will issue an antidumping
the Republic of Korea: Negative Preliminary
duty order directing CBP to assess, upon
Determination of Sales at Less than Fair Value,
further instruction by the Department,
Negative Preliminary Determination of Critical
Circumstances and Postponement of Final
Determination, 79 FR 10480 (February 25, 2014),
unchanged in Certain Oil Country Tubular Goods
from the Republic of Korea: Final Determination of
Sales at Less than Fair Value, Negative Final
Determination of Critical Circumstances, 79 FR
41983 (July 18, 2014).
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16:31 Feb 01, 2017
Jkt 241001
16 See Countervailing Duty Investigation of
Certain New Pneumatic Off-the-Road Tires from
India: Final Affirmative Determination, and Final
Affirmative Critical Circumstances Determination,
in Part, 82 FR 2946 (January 10, 2017); see also
section 772(c)(1)(C) of the Act.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
antidumping duties on all appropriate
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
This amended final determination is
published in accordance with section
735(e) of the Act and 19 CFR 351.224(e).
Dated: January 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–02325 Filed 2–1–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Atlantic Mackerel, Squid and
Butterfish Amendment 14 Data
Collection.
OMB Control Number: 0648–0679.
Form Number(s): None.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 426.
Average Hours Per Response: Vessel
trip reports, 5 minutes; VMS activity
declarations, 5 minutes; released catch
affidavit form, 5 minutes observer pretrip notification of trip, 5 minutes; trip
cancellation, 1 minute.
Burden Hours: 3,385.
Needs and Uses: This request is for
extension of a current information
collection. Under the Magnuson-Stevens
Fishery Conservation and Management
Act, the Secretary of Commerce has the
responsibility for the conservation and
management of marine fishery
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Under this stewardship role, the
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This collection requires vessel trip
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E:\FR\FM\02FEN1.SGM
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Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9056-9058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02325]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Affirmative
Amended Final Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is amending its final
negative determination of sales at less-than-fair-value (LTFV) with
respect to certain new pneumatic off-the-road tires (OTR tires) from
India to correct ministerial errors in the calculation of the weighted-
average dumping margin of Alliance Tires Private Limited (ATC), one of
the mandatory respondents in the investigation. Correction of these
errors results in a revised margin for ATC that is above de minimis,
and, thus, also results in an affirmative determination of sales at
LTFV. The Department is also assigning a new ``All-Others'' rate.
DATES: Effective February 2, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6412, or (202)
482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2017, the Department publicly announced its Final
Determination \1\ in the LTFV investigation on OTR tires from India. On
January 9, 2017, Petitioners \2\ alleged
[[Page 9057]]
that the Department made certain ministerial errors related to the
application of partial adverse facts available (AFA) in the Final
Determination.\3\ On January 17, 2017, ATC submitted its rebuttal
comments.\4\
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Final Negative Determination of Sales at Less Than Fair Value and
Final Determination of Critical Circumstances, 82 FR 4848 (January
17, 2017) (Final Determination), and accompanying Issues and
Decision Memorandum (Final IDM).
\2\ Petitioners are Titan Tire Corporation and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO, CLC (the USW).
\3\ See Letter from Petitioners, ``Certain New Pneumatic Off-
the-Road Tires from India: Petitioners' Ministerial Error Comments
regarding ATC,'' dated January 9, 2017 (Petitioners' Comments).
\4\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road
Tires from India: ATC Tires Private Limited's Reply to Petitioners'
Ministerial Error Comments,'' dated January 17, 2017 (ATC's Rebuttal
Comments).
---------------------------------------------------------------------------
Based on an analysis of the allegations submitted by Petitioners,
the Department determined that it did not make ministerial errors with
respect to the application of partial AFA, as defined by section 735(e)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.224(f).\5\ However, in the context of evaluating Petitioner's
allegation, the Department determined that it made ministerial errors
within the meaning of section 735(e) of the Act and 19 CFR 351.224(f)
with respect to ATC's freight expenses, home market credit expenses and
U.S. indirect selling expenses.\6\ Accordingly, the Department revised
the margin calculation for ATC, and assigned a new ``All-Others'' rate,
as discussed below.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Antidumping Duty Investigation on Certain
New Pneumatic Off-the-Road Tires from India: Allegation of
Ministerial Errors in the Final Determination,'' dated January 26,
2017 and hereby adopted by this notice (Ministerial Error
Memorandum).
\6\ Id.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are OTR tires from
India. For a complete description of the scope of the investigation,
see Appendix I of this notice.
Ministerial Errors
Section 735(e) of the Act, and 19 CFR 351.224(f) define a
``ministerial error'' as an error ``in addition, subtraction, or other
arithmetic function, clerical error resulting from inaccurate copying,
duplication, or the like, and any similar type of unintentional error
which the Secretary considers ministerial.'' \7\
---------------------------------------------------------------------------
\7\ See section 735(e) of the Act.
---------------------------------------------------------------------------
The Department finds that the purported errors alleged by
Petitioners' do not constitute ministerial errors within the meaning of
19 CFR 351.224(f).\8\ Specifically, the Department did not state that
it intended to determine, as partial AFA, that 66 percent of the value
of ATC's U.S. sales passed the Cohen's d test in order to apply the
average-to-transaction methodology.\9\ The Department intentionally
applied partial AFA to the standard average-to-average differential
pricing methodology in the final margin program because 65.33 percent
of the value of ATC's U.S. sales passed the Cohen's d test, and the
mixed methodology margin did not result in a meaningful difference
between the standard and mixed methodology margins.\10\ Moreover, the
Department did not intend, as Petitioners allege, to apply partial AFA
to all three methodologies, prior to determining whether there was a
meaningful difference.\11\
---------------------------------------------------------------------------
\8\ See Ministerial Error Memorandum.
\9\ Id.; see also, Memorandum, ``Antidumping Duty Investigation
of Certain New Pneumatic Off-the-Road Tires (OTR) from India:
Analysis of the Final Negative Determination Margin Calculation for
ATC Tires Private Limited,'' dated January 3, 2017 (ATC's Final
Analysis Memorandum) at 5-6 and Attachment 2.
\10\ See Final IDM at 19.
\11\ Id. at 3-4.
---------------------------------------------------------------------------
Additionally, in reviewing the record, the Department found that:
(1) The Department inadvertently omitted additional fields reported by
ATC as part of its minor corrections that should have been part of the
final margin calculation; (2) ATC did not revise the home market credit
expenses to include the correct payment dates for the particular sales
identified as minor corrections at the home market sales verification;
and (3) the Department inadvertently included the costs associated with
the unreported sample U.S. sales in the indirect selling expenses.
These are unintentional errors, similar to the errors identified as
ministerial errors in the regulations, and, therefore, constitute
ministerial errors within the meaning of 19 CFR 351.224(f). Therefore,
the Department corrected these errors in the final margin program by:
(1) Including the two additional freight expense fields (i.e., OTHFRTU,
PICKUP_CHGU); (2) revising the home market credit expenses to include
the correct payment dates for the particular sales identified at the
home market sales verification; and (3) revising the indirect selling
expenses to exclude the costs associated with the free sample U.S.
sales used in the application of partial AFA to those U.S. sales. Based
on the above analysis, ATC's weighted-average dumping margin increased
from zero percent to 3.67 percent.
Negative Determination of Critical Circumstances
In the Final Determination, the Department considered the
Petitioners' critical circumstances allegation with respect to
producers and exporters subject to the all others rate and determined
that the finding for whether critical circumstances exist with respect
to such producers and exporters was moot because the antidumping duty
margins for ATC and Balkrishna Industries Limited (BKT), the other
mandatory respondent, were zero.\12\ ATC's weighted-average dumping
margin increased from zero percent to 3.67 percent as a result of
corrections to ministerial errors, which has resulted in a similar
increase in the ``All-Others'' rate. Accordingly, we are addressing
whether critical circumstances exist with respect to the ``All-Others''
rate.
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\12\ See Final Determination, 82 FR at 4849.
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Section 735(a)(3) of the Act provides that the Department will
determine that critical circumstances exist in antidumping duty
investigations if: (A)(i) There is a history of dumping and material
injury by reason of dumped imports in the United States or elsewhere of
the subject merchandise, or (ii) the person by whom, or for whose
account, the merchandise was imported, knew or should have known that
the exporter was selling the subject merchandise at LTFV and that there
would be material injury by reason of such sales, and (B) there have
been massive imports of the subject merchandise over a relatively short
period.
To determine whether there is a history of dumping and material
injury, the Department generally considers previous antidumping duty
orders on subject merchandise from the country in question in the
United States or current orders imposed by other countries with regard
to imports of the same merchandise.\13\ Because there is no previous
antidumping duty order on OTR tires from India or record evidence of
current orders imposed by other countries with regard to imports of the
same merchandise, the Department finds that there is no history of
injurious dumping of OTR tires form India pursuant to section
735(a)(3)(A)(i) of the Act.
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\13\ See Certain Oil Country Tubular Goods from the People's
Republic of China: Notice of Preliminary Determination of Sales at
Less Than Fair Value, Affirmative Preliminary Determination of
Critical Circumstances and Postponement of Final Determination, 74
FR 59117, 59120 (November 17, 2009); unchanged in Certain Oil
Country Tubular Goods from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, Affirmative Final
Determination of Critical Circumstances and Final Determination of
Targeted Dumping, 75 FR 20335 (April 19, 2010).
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Furthermore, the Department normally considers dumping margins of
25 percent or more for export price sales
[[Page 9058]]
and 15 percent or more for constructed export price sales sufficient to
impute importer knowledge of sales at LTFV.\14\ The estimated weighted-
average dumping margins in this investigation do not exceed the
threshold sufficient to impute knowledge of dumping (i.e., 25 percent
for EP or 15 percent for CEP sales). Therefore, the Department finds
that there is an insufficient basis to find that importers knew nor
should have known that exporters in India were selling subject
merchandise at LTFV.\15\ As such, we find that critical circumstances
do not exist.
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\14\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value and Affirmative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers from
Mexico, 77 FR 17422, 17425 (March 26, 2012).
\15\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Negative Preliminary Determination of Sales at Less than Fair
Value, Negative Preliminary Determination of Critical Circumstances
and Postponement of Final Determination, 79 FR 10480 (February 25,
2014), unchanged in Certain Oil Country Tubular Goods from the
Republic of Korea: Final Determination of Sales at Less than Fair
Value, Negative Final Determination of Critical Circumstances, 79 FR
41983 (July 18, 2014).
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Amended Final Determination
As a result of correcting the ministerial errors, we determine that
the weighted-average dumping margins and cash deposit rates are as
follows:
------------------------------------------------------------------------
Cash deposit
Weighted- rate
average adjusted for
Exporter/ producer dumping subsidy
margins offset
(percent) (percent)
------------------------------------------------------------------------
ATC Tires Private Ltd....................... 3.67 0.00
All-Others.................................. 3.67 0.00
------------------------------------------------------------------------
As stated above, the weighted-average dumping margin for BKT is
unchanged from the Final Determination (i.e., 0.00 percent).
``All-Others'' Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``All
Others'' rate shall be 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 under section 776
of the Act. As a result of our corrections to ATC's final weighted-
average margin, the only rate that is not de minimis in this
investigation is the rate calculated for ATC. Consequently, in
accordance with section 735(c)(5)(A) of the Act, we have assigned the
rate calculated for ATC as the ``All-Others'' rate, as indicated in the
``Amended Final Determination Margins'' section above.
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation on all appropriate entries of OTR tires from India, except
as noted below, which were entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice.
Additionally, because the weighted-average dumping margin for BKT in
the Final Determination (i.e., 0.00 percent) is unchanged, the
Department is not directing CBP to suspend liquidation of entries of
OTR tires from India produced and exported by this entity. The
instructions suspending liquidation will remain in effect until further
notice.
The Department will also instruct CBP to require cash deposits for
suspended entries equal to the amounts as indicated above, which are
adjusted for certain countervailable subsidies, where appropriate. The
all-others rate applies to all producers or exporters not specifically
listed. For the purpose of determining cash deposit rates, the
estimated weighted-average dumping margins for imports of subject
merchandise from India have been adjusted, as appropriate, for export
subsidies found in the final determination of the companion
countervailing duty investigation of this merchandise imported from
India.\16\
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\16\ See Countervailing Duty Investigation of Certain New
Pneumatic Off-the-Road Tires from India: Final Affirmative
Determination, and Final Affirmative Critical Circumstances
Determination, in Part, 82 FR 2946 (January 10, 2017); see also
section 772(c)(1)(C) of the Act.
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U.S. International Trade Commission
In accordance with section 735(d) of the Act, we notified the U.S.
International Trade Commission (ITC) of the Final Determination and our
amended final determination. As the preliminary determination was
negative and the amended final determination is affirmative, in
accordance with section 735(b)(3) of the Act, the ITC will determine
within 75 days of the affirmative amended final determination whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that such injury exists, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all appropriate
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
This amended final determination is published in accordance with
section 735(e) of the Act and 19 CFR 351.224(e).
Dated: January 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02325 Filed 2-1-17; 8:45 am]
BILLING CODE 3510-DS-P