Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2021, 20125-20127 [2023-07086]

Download as PDF Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices combined) with ammonium sulfate from sources not subject to the Orders. Only the subject component of such commingled products is covered by the scope of the Orders. The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783–20–2. The merchandise covered by the Orders is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the Orders is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to the continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order (APO) lotter on DSK11XQN23PROD with NOTICES1 This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction 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 which is subject to sanction. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 Dated: February 16, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–07042 Filed 4–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–870] Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and/or exporters of certain new pneumatic off-the-road tires (OTR tires) from India, during the period of review (POR) January 1, 2021, through December 31, 2021. Interested parties are invited to comment on these preliminary results. DATES: Applicable April 5, 2023. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 9, 2022, Commerce initiated this administrative review of the countervailing duty order on OTR tires from India.1 The mandatory company respondents are ATC Tires Private Limited (ATC) and Balkrishna Industries Ltd. (BKT). On November 21, 2022, Commerce extended the time limit for these preliminary results to March 31, 2023.2 For a complete description of the events that followed the initiation of the review, see the Preliminary Decision Memorandum.3 A list of topics 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 29280 (May 13, 2022). 2 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Review,’’ dated November 21, 2022. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, Off-the-Road Tires from India; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 20125 discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade/gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the order is OTR tires. OTR tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type or tubeless, radial, or nonradial, regardless of whether for original equipment manufacturers or the replacement market. For a complete description of the scope of this order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs preliminarily found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution from an authority that gives rise to a benefit to the recipient and that the subsidy is specific.4 For a full description of the methodology underlying Commerce’s preliminary conclusions, see the Preliminary Decision Memorandum. Companies Not Selected for Individual Examination The Act and Commerce’s regulations do not directly address the subsidy rate to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 777A(e)(2) of the Act provides that ‘‘the individual countervailable subsidy rates determined under 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\05APN1.SGM 05APN1 20126 Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices subparagraph (A) shall be used to determine the all-others rate under section 705(c)(5) {of the Act}.’’ Section 705(c)(5)(A) of the Act states that for companies not investigated, in general, we will determine an all-others rate by weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based solely on the facts available. Accordingly, to determine the rate for companies not selected for individual examination, Commerce’s practice is to weight average the net subsidy rates for the selected mandatory respondents, excluding rates that are zero, de minimis, or based entirely on facts available.5 We preliminarily determine that ATC and BKT received countervailable subsidies that are above de minimis and are not based entirely on facts available. Therefore, we preliminarily determine to apply the weighted average of the net subsidy rates calculated for ATC and BKT using publicly ranged sales data submitted by those respondents to the non-selected companies.6 The companies for which a review was requested, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent, are listed in Appendix II. 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 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). Preliminary Results of Review Commerce preliminarily determines the net countervailable subsidy rates exist for the period January 1, 2021, through December 31, 2021: Disclosure Company Subsidy rate (percent ad valorem) Limited 7 lotter on DSK11XQN23PROD with NOTICES1 ATC Tires Private .. Balkrishna Industries Ltd ...... Companies Not Selected for Individual Review .............. Cash Deposit Rates Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits in the amounts indicated for the producer/exporter listed above with regard to shipments of subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailable 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. Commerce intends to disclose its calculations and analysis performed in reaching the preliminary results within five days of publication of these preliminary results, in accordance with 19 CFR 351.224(b). Public Comment 1.57 1.00 Case briefs or other written documents may be submitted to the Assistant Secretary for Enforcement and 1.29 Compliance.8 A timeline for the submission of case and rebuttal briefs Assessment Rates and written comments will be provided In accordance with 19 CFR to interested parties at a later date. 351.221(b)(4)(i), Commerce Pursuant to 19 CFR 351.301(c) and preliminarily assigned a subsidy rate in (d)(2), parties who wish to submit case the amount for the producer/exporter or rebuttal briefs in this review are shown above. Upon completion of the requested to submit for each argument: administrative review, consistent with (1) a statement of the issue; (2) a brief section 751(a)(1) of the Act and 19 CFR summary of the argument; and (3) a 351.212(b)(2), Commerce shall table of authorities. All briefs must be determine, and U.S. Customs and filed electronically using ACCESS. Note that Commerce has modified certain of 5 See, e.g., Certain Pasta from Italy: Final Results its requirements for serving documents of the 13th (2008) Countervailing Duty containing business proprietary Administrative Review, 75 FR 37386, 37387 (June information, until further notice.9 29, 2010). 6 See Memorandum, ‘‘Calculation of Subsidy Rate for Non-Selected Companies Under Review,’’ dated concurrently with this memorandum. 7 This rate applies to ATC and ATC Tires AP Private Ltd. VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 8 See 19 CFR 351.309(c) and (d). Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 9 See PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must do so within 30 days after the date of publication of this notice by submitting a written request to the Assistant Secretary for Enforcement and Compliance.10 Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants and whether a participant is a foreign national; and (3) a list of the issues to be discussed. If a hearing request is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, which will include the results of Commerce’s analysis of the issues raised in the case briefs, within 120 days after the date of the preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Interested Parties These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: March 30, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Rate for Non-Examined Companies VI. Subsidies Valuation VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for Measuring the Adequacy of Remuneration VIII. Analysis of Programs IX. Recommendation Appendix II List of Companies Not Selected for Individual Review Apollo Tyres Ltd. Asian Tire Factory Ltd. Cavendish Industries Ltd. CEAT Ltd. Celite Tyre Corporation Emerald Resilient Tyre Manufacturer HRI Tires India Innovative Tyres & Tubes Limited JK Tyres and Industries Ltd. K.R.M. Tyres 10 See E:\FR\FM\05APN1.SGM 19 CFR 351.310(c). 05APN1 20127 Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices M/S. Caroline Furnishers Pvt Ltd. MRF Limited MRL Tyres Limited (Malhotra Rubbers Ltd.) OTR Laminated Tyres (I) Pvt. Ltd. Rubberman Enterprises Pvt. Ltd. Sheetla Polymers Speedways Rubber Company Sun Tyres & Wheel Systems Sundaram Industries Private Limited Superking Manufacturers (Tyre) Pvt., Ltd. TVS Srichakra Limited [FR Doc. 2023–07086 Filed 4–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–832] Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on carbon and alloy steel wire rod (wire rod) from the Republic of Turkey (Turkey) would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable April 5, 2023. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: AGENCY: lotter on DSK11XQN23PROD with NOTICES1 Background On May 21, 2018, Commerce published in the Federal Register the CVD order on wire rod from Turkey.1 On December 1, 2022, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On December 14, 2022, Commerce received a timely-filed notice of intent to participate from Charter Steel, Commercial Metals Company, Liberty 1 See Carbon and Alloy Steel Wire Rod from Italy and the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination for the Republic of Turkey and Countervailing Duty Orders for Italy and the Republic of Turkey, 83 FR 23420 (May 21, 2018) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 (December 1, 2022) (Initiation Notice). VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 Steel USA, Nucor Corporation, and Optimus Steel LLC (collectively, the domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as producers of the domestic like product in the United States. On December 30, 2022, Commerce received an adequate substantive response to the Initiation Notice from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from any other interested parties, including the Government of Turkey, nor was a hearing requested. On January 25, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The merchandise covered by this Order is certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid crosssectional diameter. For a full description of the scope, see the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum.7 A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and 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 https:// access.trade.gov. In addition, a complete 3 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Notice of Intent to Participate,’’ dated December 14, 2022. 4 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Substantive Response,’’ dated December 30, 2022. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on December 1, 2022,’’ dated January 25, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Carbon and Alloy Steel Wire Rod from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 7 Id. PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 version of the Issues and Decision Memorandum can be accessed directly on the internet at https:// access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of countervailable subsidies at the rates listed below. Exporter/producer Net subsidy rate (percent ad valorem) Habas Sinai Ve Tibbi Gazlar Istih (Habas) ...................... Icdas Celik Eberji Tersane Ve Ulasim San (Icdas) ...... All Others .............................. 6.09 3.81 4.95 Administrative Protective Order (APO) This notice serves as the only reminder to interested parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: March 30, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rate Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2023–07039 Filed 4–4–23; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20125-20127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-870]


Certain New Pneumatic Off-the-Road Tires From India: Preliminary 
Results of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to producers 
and/or exporters of certain new pneumatic off-the-road tires (OTR 
tires) from India, during the period of review (POR) January 1, 2021, 
through December 31, 2021. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable April 5, 2023.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION: 

Background

    On May 9, 2022, Commerce initiated this administrative review of 
the countervailing duty order on OTR tires from India.\1\ The mandatory 
company respondents are ATC Tires Private Limited (ATC) and Balkrishna 
Industries Ltd. (BKT). On November 21, 2022, Commerce extended the time 
limit for these preliminary results to March 31, 2023.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 29280 (May 13, 2022).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Review,'' dated November 21, 2022.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\3\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, Off-the-
Road Tires from India; 2021,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is OTR tires. OTR tires are 
tires with an off road tire size designation. The tires included in the 
scope may be either tube-type or tubeless, radial, or non-radial, 
regardless of whether for original equipment manufacturers or the 
replacement market. For a complete description of the scope of this 
order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs preliminarily found to be 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution from an authority that gives 
rise to a benefit to the recipient and that the subsidy is specific.\4\ 
For a full description of the methodology underlying Commerce's 
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Companies Not Selected for Individual Examination

    The Act and Commerce's regulations do not directly address the 
subsidy rate to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation. Section 777A(e)(2) of the Act provides that ``the 
individual countervailable subsidy rates determined under

[[Page 20126]]

subparagraph (A) shall be used to determine the all-others rate under 
section 705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act 
states that for companies not investigated, in general, we will 
determine an all-others rate by weight averaging the countervailable 
subsidy rates established for each of the companies individually 
investigated, excluding zero and de minimis rates or any rates based 
solely on the facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\5\ We preliminarily determine that ATC and BKT received 
countervailable subsidies that are above de minimis and are not based 
entirely on facts available. Therefore, we preliminarily determine to 
apply the weighted average of the net subsidy rates calculated for ATC 
and BKT using publicly ranged sales data submitted by those respondents 
to the non-selected companies.\6\ The companies for which a review was 
requested, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent, are listed in 
Appendix II.
---------------------------------------------------------------------------

    \5\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
memorandum.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines the net countervailable subsidy 
rates exist for the period January 1, 2021, through December 31, 2021:
---------------------------------------------------------------------------

    \7\ This rate applies to ATC and ATC Tires AP Private Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
ATC Tires Private Limited \7\...........................            1.57
Balkrishna Industries Ltd...............................            1.00
Companies Not Selected for Individual Review............            1.29
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily 
assigned a subsidy rate in the amount for the producer/exporter shown 
above. Upon completion of the administrative review, consistent with 
section 751(a)(1) 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 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 Rates

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits in the amounts indicated for the 
producer/exporter listed above with regard to shipments of subject 
merchandise entered or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. For 
all non-reviewed firms, CBP will continue to collect cash deposits of 
estimated countervailable 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.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).

Public Comment

    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\8\ A timeline for 
the submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c) and (d).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to 
submit case or rebuttal briefs in this review are requested to submit 
for each argument: (1) a statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities. All briefs must be filed 
electronically using ACCESS. Note that Commerce has modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\9\
---------------------------------------------------------------------------

    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must do so within 30 days after the date of publication of this 
notice by submitting a written request to the Assistant Secretary for 
Enforcement and Compliance.\10\ Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants and whether a participant is a foreign national; and (3) a 
list of the issues to be discussed. If a hearing request is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, which will include the 
results of Commerce's analysis of the issues raised in the case briefs, 
within 120 days after the date of the preliminary results, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring the Adequacy of Remuneration
VIII. Analysis of Programs
IX. Recommendation

Appendix II

List of Companies Not Selected for Individual Review

Apollo Tyres Ltd.
Asian Tire Factory Ltd.
Cavendish Industries Ltd.
CEAT Ltd.
Celite Tyre Corporation
Emerald Resilient Tyre Manufacturer
HRI Tires India
Innovative Tyres & Tubes Limited
JK Tyres and Industries Ltd.
K.R.M. Tyres

[[Page 20127]]

M/S. Caroline Furnishers Pvt Ltd.
MRF Limited
MRL Tyres Limited (Malhotra Rubbers Ltd.)
OTR Laminated Tyres (I) Pvt. Ltd.
Rubberman Enterprises Pvt. Ltd.
Sheetla Polymers
Speedways Rubber Company
Sun Tyres & Wheel Systems
Sundaram Industries Private Limited
Superking Manufacturers (Tyre) Pvt., Ltd.
TVS Srichakra Limited

[FR Doc. 2023-07086 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P

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