Certain New Pneumatic Off-the-Road Tires From India: Notice of Correction to Antidumping Duty Order, 25598-25599 [2017-11424]

Download as PDF 25598 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices preparing for the public hearing on the investigation scheduled for June 22, 2017. Moving the deadline for all written submissions to June 23, 2017 will enable the Commerce Department to more expeditiously finalize the report, taking account of the timesensitive nature of the national security implications related to this section 232 investigation of aluminum, and of the President’s direction to move quickly on this important matter. The Commerce Department has included one additional day after the hearing concludes to allow people who attend or view remotely the hearing to submit any additional comments they may have in response to testimony during the hearing. Dated: May 31, 2017. Wilbur Ross, Secretary of Commerce. [FR Doc. 2017–11557 Filed 5–31–17; 4:15 pm] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE excluded from the Antidumping Duty Order. Correction Because the Department calculated a weighted-average antidumping duty margin of zero percent for BKT in the Final Determination,2 which was unchanged in the Amended Final Determination,3 BKT is partially excluded from the Antidumping Duty Order. Therefore, we are correcting the Antidumping Duty Order to specify that merchandise produced and exported by BKT is excluded from the Order. This exclusion does not apply to merchandise produced by BKT and exported by any other company or merchandise produced by any other company and exported by BKT. Resellers of merchandise produced by BKT, are also not entitled to this exclusion. The sections explaining the suspension of liquidation and listing the weighted-average antidumping duty margins and cash deposit rates should have appeared as follows: Background On March 6, 2017, the Department of Commerce (Department) published the Antidumping Duty Order on certain new pneumatic off-the-road tires from India.1 In the Antidumping Duty Order, the Department inadvertently omitted a statement to explain that Balkrishna Industries Limited (BKT) is partially Antidumping Duty Order In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Tariff Act of 1930, as amended (the Act), the International Trade Commission (ITC) notified the Department of its final determination that the industry in the United States producing off road tires is materially injured by reason of the lessthan-fair value imports of off road tires from India.4 Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order. As a result of the ITC’s final determination, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of off-road tires from India, which specifically excludes merchandise exported and produced by BKT. Antidumping duties will be assessed on unliquidated entries of off road tires from India entered, or 1 See Certain New Pneumatic Off-the-Road Tires from India: Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Antidumping Duty Order). 2 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, 4849 (January 17, 2017) (‘‘Final Determination’’). 3 See Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders, 82 FR 9056, 9058 (February 2, 2017) (Amended Final Determination). 4 See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding off the road tires from the India and Sri Lanka (February 23, 2017). See also Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka, Investigation Nos. 701–TA– International Trade Administration [A–533–869] Certain New Pneumatic Off-the-Road Tires From India: Notice of Correction to Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. 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: nlaroche on DSK30NT082PROD with NOTICES AGENCY: VerDate Sep<11>2014 14:31 Jun 01, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 withdrawn from warehouse, for consumption on or after February 2, 2017, the date of publication of the Amended Final Determination.5 Continuation of Suspension of Liquidation, in Part In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to continue to suspend liquidation on all relevant entries of off road tires from India. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins listed below.6 The all-others rate applies to all producers or exporters not specifically listed. For the purposes of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from India have been adjusted for export subsidies found in the amended final determination of the companion countervailing duty investigation of this merchandise (i.e., 4.72 percent).7 Because the estimated weightedaverage dumping margin for BKT’s producer and exporter combination is zero, the Department is directing U.S. Customs and Border Protection not to suspend liquidation of entries of subject merchandise where BKT acted as both the producer and exporter. Entries of subject merchandise exported to the United States by any other producer and exporter combination are not entitled to this exclusion from suspension of liquidation and are subject to the cash deposit rate for the all-others entity. Estimated Weighted-Average Dumping Margins The estimated weighted-average antidumping duty margin percentages are as follows: 552–553 and 731–TA–1308 (Final), USITC Publication 4669 (February 2017). 5 See Amended Final Determination, 82 FR at 9056. 6 See Section 736(a)(3) of the Act. 7 See Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders, 82 FR 12556 (March 6, 2017). E:\FR\FM\02JNN1.SGM 02JNN1 25599 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices Weightedaverage dumping margin (percent) Exporter/producer ATC Tires Private Ltd .............................................................................................................................................. All-Others ................................................................................................................................................................. This correction to the Antidumping Duty Order is issued and published in accordance with section 736(a) of the Act. Dated: May 26, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–11424 Filed 6–1–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (the Act), the Department of AGENCY: Commerce (the Department) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) listed below. The International Trade Commission (the Commission) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s). DATES: Effective June 2, 2017. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: 3.67 3.67 Cash deposit rate adjusted for subsidy offset (percent) 0.00 0.00 Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty order(s): ITC case No. Country Product Department contact A–351–809 ................. 731–TA–532 .............. Brazil .......................... A–533–502 ................. 731–TA–271 .............. India ........................... A–475–828 ................. 731–TA–865 .............. Italy ............................ A–557–809 ................. 731–TA–866 .............. Malaysia ..................... A–201–805 ................. 731–TA–534 .............. Mexico ........................ A–565–801 ................. 731–TA–867 .............. Philippines .................. A–580–809 ................. 731–TA–533 .............. Republic of Korea ...... A–583–008 ................. 731–TA–132 .............. Taiwan ....................... A–549–502 ................. 731–TA–252 .............. Thailand ..................... A–489–501 ................. 731–TA–273 .............. Turkey ........................ C–489–502 ................ nlaroche on DSK30NT082PROD with NOTICES DOC case No. 701–TA–253 .............. Turkey ........................ Circular Welded Non-Alloy Steel Pipe (4th Review). Welded Carbon Steel Pipe and Tube (4th Review). Stainless Steel Butt-Weld Pipe Fittings (4th Review). Stainless Steel Butt-Weld Pipe Fittings (3rd Review). Circular Welded Non-Alloy Steel Pipe (4th Review). Stainless Steel Butt-Weld Pipe Fittings (3rd Review). Circular Welded Non-Alloy Steel Pipe (4th Review). Certain Circular Welded Carbon Steel Pipes and Tubes (4th Review). Certain Circular Welded Carbon Steel Pipes and Tubes (4th Review). Certain Circular Welded Carbon Steel Pipes and Tubes (4th Review). Certain Circular Welded Carbon Steel Pipes and Tubes (4th Review). Jacqueline Arrowsmith (202) 482–5255. Robert James (202) 482–0649. Jacqueline Arrowsmith (202) 482–5255. Jacqueline Arrowsmith (202) 482–5255. Jacqueline Arrowsmith (202) 482–5255. Jacqueline Arrowsmith (202) 482–5255. Jacqueline Arrowsmith (202) 482–5255. Jacqueline Arrowsmith (202) 482–5255. Jacqueline Arrowsmith (202) 482–5255. Robert James (202) 482–0649. Robert James (202) 482–0649. Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Department’s regulations, the Department’s schedule for Sunset Reviews, a listing of past VerDate Sep<11>2014 14:31 Jun 01, 2017 Jkt 241001 revocations and continuations, and current service lists, available to the public on the Department’s Web site at the following address: http:// enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Department’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25598-25599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11424]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Notice of 
Correction to Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


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 March 6, 2017, the Department of Commerce (Department) published 
the Antidumping Duty Order on certain new pneumatic off-the-road tires 
from India.\1\ In the Antidumping Duty Order, the Department 
inadvertently omitted a statement to explain that Balkrishna Industries 
Limited (BKT) is partially excluded from the Antidumping Duty Order.
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Antidumping 
Duty Order).
---------------------------------------------------------------------------

Correction

    Because the Department calculated a weighted-average antidumping 
duty margin of zero percent for BKT in the Final Determination,\2\ 
which was unchanged in the Amended Final Determination,\3\ BKT is 
partially excluded from the Antidumping Duty Order. Therefore, we are 
correcting the Antidumping Duty Order to specify that merchandise 
produced and exported by BKT is excluded from the Order. This exclusion 
does not apply to merchandise produced by BKT and exported by any other 
company or merchandise produced by any other company and exported by 
BKT. Resellers of merchandise produced by BKT, are also not entitled to 
this exclusion. The sections explaining the suspension of liquidation 
and listing the weighted-average antidumping duty margins and cash 
deposit rates should have appeared as follows:
---------------------------------------------------------------------------

    \2\ 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, 4849 
(January 17, 2017) (``Final Determination'').
    \3\ See Certain New Pneumatic Off-the-Road Tires from India and 
Sri Lanka: Amended Final Affirmative Countervailing Duty 
Determination for India and Countervailing Duty Orders, 82 FR 9056, 
9058 (February 2, 2017) (Amended Final Determination).
---------------------------------------------------------------------------

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the 
Tariff Act of 1930, as amended (the Act), the International Trade 
Commission (ITC) notified the Department of its final determination 
that the industry in the United States producing off road tires is 
materially injured by reason of the less-than-fair value imports of off 
road tires from India.\4\ Therefore, in accordance with section 
735(c)(2) of the Act, we are publishing this antidumping duty order.
---------------------------------------------------------------------------

    \4\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding off the road tires from the India and Sri Lanka (February 
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from 
India and Sri Lanka, Investigation Nos. 701-TA-552-553 and 731-TA-
1308 (Final), USITC Publication 4669 (February 2017).
---------------------------------------------------------------------------

    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of off-road 
tires from India, which specifically excludes merchandise exported and 
produced by BKT. Antidumping duties will be assessed on unliquidated 
entries of off road tires from India entered, or withdrawn from 
warehouse, for consumption on or after February 2, 2017, the date of 
publication of the Amended Final Determination.\5\
---------------------------------------------------------------------------

    \5\ See Amended Final Determination, 82 FR at 9056.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation, in Part

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of off road tires from India. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margins listed below.\6\ The all-others rate applies 
to all producers or exporters not specifically listed. For the purposes 
of determining cash deposit rates, the estimated weighted-average 
dumping margins for imports of subject merchandise from India have been 
adjusted for export subsidies found in the amended final determination 
of the companion countervailing duty investigation of this merchandise 
(i.e., 4.72 percent).\7\
---------------------------------------------------------------------------

    \6\ See Section 736(a)(3) of the Act.
    \7\ See Certain New Pneumatic Off-the-Road Tires from India and 
Sri Lanka: Amended Final Affirmative Countervailing Duty 
Determination for India and Countervailing Duty Orders, 82 FR 12556 
(March 6, 2017).
---------------------------------------------------------------------------

    Because the estimated weighted-average dumping margin for BKT's 
producer and exporter combination is zero, the Department is directing 
U.S. Customs and Border Protection not to suspend liquidation of 
entries of subject merchandise where BKT acted as both the producer and 
exporter. Entries of subject merchandise exported to the United States 
by any other producer and exporter combination are not entitled to this 
exclusion from suspension of liquidation and are subject to the cash 
deposit rate for the all-others entity.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average antidumping duty margin percentages 
are as follows:

[[Page 25599]]



----------------------------------------------------------------------------------------------------------------
                                                                                     Cash deposit
                                                                       Weighted-     rate adjusted
                         Exporter/producer                              average       for subsidy
                                                                    dumping margin      offset
                                                                       (percent)       (percent)
--------------------------------------------------------------------------------------------------
ATC Tires Private Ltd.............................................            3.67            0.00
All-Others........................................................            3.67            0.00
----------------------------------------------------------------------------------------------------------------

    This correction to the Antidumping Duty Order is issued and 
published in accordance with section 736(a) of the Act.

    Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11424 Filed 6-1-17; 8:45 am]
BILLING CODE 3510-DS-P