Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 20471-20473 [2023-07249]

Download as PDF Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices such meetings may be closed to the public in accordance with subsection (c) of the Government in the Sunshine Act (5 U.S.C. 552b(c)). In this case, the applicable provisions of 5 U.S.C. 552b(c) are subsection 552b(c)(4), which permits closure to protect trade secrets and commercial or financial information that is privileged or confidential, and subsection 552b(c)(9)(B), which permits closure to protect information that would be likely to significantly frustrate implementation of a proposed agency action were it to be disclosed prematurely. The closed session of the meeting will involve committee discussions and guidance regarding U.S. Government strategies and policies. The open session will be accessible via teleconference. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov, no later than April 14, 2023. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on October 20, 2022, pursuant to 5 U.S.C. chapter 10 of the FACA, (5 U.S.C. 1009(d)), that the portion of the meeting dealing with predecisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. 1009(a)(1) and 1009(a)(3). The remaining portions of the meeting will be open to the public. For more information, contact Ms. Springer via email. ddrumheller on DSK120RN23PROD with NOTICES1 Yvette Springer, Committee Liaison Officer. [FR Doc. 2023–07180 Filed 4–5–23; 8:45 am] BILLING CODE 3510–JT–P VerDate Sep<11>2014 21:13 Apr 05, 2023 Jkt 259001 20471 DEPARTMENT OF COMMERCE Scope of the Order International Trade Administration Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/ exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR), March 1, 2021, through February 28, 2022. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable April 6, 2023. FOR FURTHER INFORMATION CONTACT: Caroline Carroll or Lilit Astvatsatrian, 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) 482–4948 or (202) 482–6412, respectively. SUPPLEMENTARY INFORMATION: The merchandise subject to the Order is certain new pneumatic off-the-road tires, which are tires with an off road tires size designation.5 The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020, 4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010, 4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090, 8709.90.0020, and 8716.90.1020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020, 8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081, 8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. Background Methodology On March 6, 2017, Commerce published in the Federal Register the order on certain new pneumatic off-theroad (OTR) tires from India.1 On May 13, 2022, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the Order.2 On November 4, 2022, we extended the preliminary results of this review to no later than March 31, 2023.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 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. 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 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 version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. [A–533–869] Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022 AGENCY: 1 See Certain Now Pneumatic Off-the-Road Tires from India: Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 29280 (May 13, 2022). 3 See Memorandum, ‘‘Certain New Pneumatic Off-the-Road Tires from India: Extension of Deadline for the Preliminary Results of the 2021– 2022 Antidumping Duty Administrative Review,’’ dated November 4, 2022. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2021–2022 Administrative Review of the Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 5 For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. E:\FR\FM\06APN1.SGM 06APN1 20472 Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices 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.8 Commerce’s ‘‘automatic assessment’’ practice will apply to entries of subject merchandise during the POR produced Weightedaverage by ATC or ATF for which the reviewed Producer or exporter dumping companies did not know that the margin merchandise they sold to the (percent) intermediary (e.g., a reseller, trading ATC Tires Private Limited .... 1.32 company, or exporter) was destined for Asian Tire Factory Ltd .......... 8.91 the United States. In such instances, we Companies Not Selected for will instruct CBP to liquidate Individual Review 6 ............ 1.65 unreviewed entries at the all-others rate if there is no rate for the intermediate Review-Specific Average Rate for company(ies) involved in the Companies Not Selected for Individual transaction. Review Commerce intends to issue The exporters or producers not assessment instructions to CBP no selected for individual review are listed earlier than 35 days after the date of in Appendix II. publication of the final results of this review in the Federal Register. If a Assessment Rates timely summons is filed at the U.S. Upon issuing the final results, Court of International Trade, the Commerce shall determine, and U.S. assessment instructions will direct CBP Customs and Border Protection (CBP) not to liquidate relevant entries until the shall assess, antidumping duties on all time for parties to file a request for a appropriate entries.7 Pursuant to 19 CFR statutory injunction has expired (i.e., 351.212(b)(1), because both respondents within 90 days of publication). reported the entered value for all of their U.S. sales, we calculated importer- Cash Deposit Requirements specific ad valorem duty assessment The following deposit requirements rates based on the ratio of the total will be effective for all shipments of the amount of dumping calculated for the subject merchandise entered, or examined sales to the total entered withdrawn from warehouse, for value of the sales for which entered consumption on or after the publication value was reported. Where either the date of the final results of this respondent’s weighted-average dumping administrative review, as provided by margin is zero or de minimis within the section 751(a)(2)(C) of the Act: (1) the meaning of 19 CFR 351.106(c)(1), or an cash deposit rate for the companies importer-specific rate is zero or de listed above will be that established in minimis, we will instruct CBP to the final results of this review, except if liquidate the appropriate entries the rate is less than 0.50 percent and, without regard to antidumping duties. therefore, de minimis within the For the companies which were not meaning of 19 CFR 351.106(c)(1), in selected for individual review, we will which case the cash deposit rate will be assign an assessment rate based on the zero; (2) for previously investigated or weighted average of the cash deposit reviewed companies not covered in this rates calculated for ATC Tires Private review, the cash deposit rate will Limited (ATC) and Asian Tire Factory continue to be the company-specific Ltd. (ATF) excluding any which are cash deposit rate published for the most zero, de minimis, or determined entirely recently completed segment of this on adverse facts available. The final proceeding in which the company results of this review shall be the basis participated; (3) if the exporter is not a firm covered in this review, or the less6 Under section 735(c)(5)(A) of the Act, the allthan-fair-value (LTFV) investigation, but others rate is normally ‘‘an amount equal to the weighted average of the estimated weighted-average the manufacturer is, then the cash dumping margins established for exporters and deposit rate will be the rate established producers individually examined, excluding any for the most recent segment for the margins that are zero or de minimis margins, and manufacturer of the merchandise; and any margins determined entirely {on the basis of (4) the cash deposit rate for all other facts available}.’’ For these preliminary results, we have preliminarily calculated a weighted-average manufacturers or exporters will dumping margin for these companies using the continue to be zero percent, the allcalculated rates of the mandatory respondents others rate established in the LTFV which are not zero or de minimis, or determined ddrumheller on DSK120RN23PROD with NOTICES1 Preliminary Results of Review As a result of this review, we preliminarily determine the following weighted-average dumping margins exist for the period March 1, 2021, through February 28, 2022: entirely on the basis of facts available. 7 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 21:13 Apr 05, 2023 Jkt 259001 8 See PO 00000 section 751(a)(2)(C) of the Act. Frm 00007 Fmt 4703 Sfmt 4703 investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Verification On August 17, 2022, Titan Tire Corporation, the petitioner in this proceeding, requested that Commerce conduct verification of the factual information submitted by the respondents in this administrative review.10 Accordingly, as provided in section 782(i)(3) of the Act, Commerce intends to verify the information relied upon in determining its final results. Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.11 Interested parties may submit case briefs to Commerce no later than seven days after the date on which the last verification report is issued in this administrative review. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs.12 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.13 Case and rebuttal briefs should be filed using ACCESS.14 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.15 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 within 30 days after the date of publication of this notice.16 Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral 9 See Order, 82 FR at 12554 (the dumping margin of 3.67 percent assigned to all other producers/ exporters was adjusted for export subsidies found in the companion countervailing duty investigation). 10 See Petitioner’s Letter, ‘‘Request for Verification,’’ dated August 17, 2022. 11 See 19 CFR 351.224(b). 12 Commerce is exercising its discretion, under 19 CFR 351.309(d)(1), to alter the time limit for filing of rebuttal briefs. 13 See 19 CFR 351.309(c)(2) and (d)(2). 14 See 19 CFR 351.303. 15 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 16 See 19 CFR 351.310(c). E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing.17 Final Results Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication of these preliminary results in the Federal Register, unless otherwise extended.18 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 31, 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. Scope of the Order IV. Discussion of the Methodology V. Recommendation Appendix II ddrumheller on DSK120RN23PROD with NOTICES1 Review-Specific Average Rate Applicable to Companies Not Selected for Individual Review 1. Apollo Tyres Ltd. 2. Balkrishna Industries Ltd.19 3. Cavendish Industries Ltd. 4. CEAT Ltd. 17 See 19 CFR 351.310(d). section 751(a)(3)(A) of the Act. 19 Subject merchandise produced and exported by Balkrishna Industries Ltd. (BKT) was excluded from the Order. See Certain New Pneumatic Off-the-Road Tires from India: Notice of Correction to Antidumping Duty Order, 82 FR 25598 (June 2, 2017). Accordingly, BKT is only covered by this administrative review for subject merchandise produced in India where BKT acted as either the manufacturer or exporter (but not both). 18 See VerDate Sep<11>2014 21:13 Apr 05, 2023 Jkt 259001 5. Celle Tyre Corporation 6. Emerald Resilient Tyre Manufacturer 7. Forech India Private Limited 8. HRI Tires India 9. Innovative Tyres & Tubes Limited 10. JK Tyres and Industries Ltd. 11. K.R.M. Tyres 12. M/S. Caroline Furnishers Pvt. Ltd. 13. Mahansaria Tyres Private Limited 14. MRF Limited 15. MRL Tyres Limited (Malhotra Rubbers Ltd.) 16. OTR Laminated Tyres (I) Pvt. Ltd. 17. Rubberman Enterprises Pvt. Ltd. 18. Speedways Rubber Company 19. Sun Tyres & Wheel Systems 20. Sundaram Industries Private Limited 21. Superking Manufacturers (Tyre) Pvt., Ltd. 22. TVS Srichakra Limited [FR Doc. 2023–07249 Filed 4–5–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–121] Difluoromethane From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Intent To Rescind, in Part, of Antidumping Duty Administrative Review; 2020–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that the sole mandatory respondent under review made sales of difluoromethane (R–32) from the People’s Republic of China (China) below normal value (NV) during the period of review (POR). Additionally, we are rescinding this review with respect to Huantai Dongyue International Trade Co., Ltd. (Huantai Dongyue) and preliminarily rescinding this review with respect to Zhejiang Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei). Interested parties are invited to comment on these preliminary results of review. DATES: Applicable April 6, 2023. FOR FURTHER INFORMATION CONTACT: Paul Gill, 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) 482–5673. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 13, 2022, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 20473 administrative review of the antidumping duty order on R–32 from China.1 The POR is August 27, 2020, through February 28, 2022. On November 2, 2022, we extended the preliminary results of this review to no later than March 31, 2023.2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 Scope of the Order The merchandise covered by the Order is difluoromethane (R–32), or its chemical equivalent, regardless of form, type, or purity level.4 R–32 is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035. Other merchandise subject to the scope may be classified under 2903.39.2045 and 3824.78.0020. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. On July 20, 2022, Huantai Dongyue timely withdrew its request for an administrative review.5 Because no other party requested a review of Huantai Dongyue, we are rescinding the administrative review for this company in accordance with 19 CFR 351.213(d)(1). Preliminary Intent To Rescind, in Part It is Commerce’s practice to rescind an administrative review pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries of subject merchandise during the POR subject to 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 29280 (May 13, 2022); see also Difluoromethane (R– 32) from the People’s Republic of China: Antidumping Duty Order, 86 FR 13886 (March 11, 2021) (Order). 2 See Memorandum, ‘‘Difluoromethane (R–32) from the People’s Republic of China: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review, 2020–2022,’’ dated November 2, 2022. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Difluoromethane (R–32) from the People’s Republic of China; 2020–2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 For a complete description of the scope of the order, see Preliminary Decision Memorandum. 5 See Huantai Dongyue’s Letter, ‘‘Withdrawal of Request for Administrative Review’’ dated July 20, 2022. E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20471-20473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07249]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers/exporters subject to this 
administrative review made sales of subject merchandise at less than 
normal value (NV) during the period of review (POR), March 1, 2021, 
through February 28, 2022. Interested parties are invited to comment on 
these preliminary results of review.

DATES: Applicable April 6, 2023.

FOR FURTHER INFORMATION CONTACT: Caroline Carroll or Lilit 
Astvatsatrian, 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) 482-4948 or (202) 482-6412, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 6, 2017, Commerce published in the Federal Register the 
order on certain new pneumatic off-the-road (OTR) tires from India.\1\ 
On May 13, 2022, based on timely requests for review, in accordance 
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of 
the Order.\2\ On November 4, 2022, we extended the preliminary results 
of this review to no later than March 31, 2023.\3\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Certain Now Pneumatic Off-the-Road Tires from India: 
Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 29280 (May 13, 2022).
    \3\ See Memorandum, ``Certain New Pneumatic Off-the-Road Tires 
from India: Extension of Deadline for the Preliminary Results of the 
2021-2022 Antidumping Duty Administrative Review,'' dated November 
4, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Certain New Pneumatic Off-the-Road Tires from India,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is certain new pneumatic off-
the-road tires, which are tires with an off road tires size 
designation.\5\ The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.70.0010, 
4011.62.0000, 4011.80.1010, 4011.80.1020, 4011.90.1050, 4011.70.0050, 
4011.80.2010, 4011.80.8010, 4011.80.2020, 4011.80.8020, 8431.49.9038, 
8431.49.9090, 8709.90.0020, and 8716.90.1020. Tires meeting the scope 
description may also enter under the following HTSUS subheadings: 
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 8431.39.0010, 
8431.49.1090, 8431.49.9030, 8432.90.0020, 8432.90.0040, 8432.90.0050, 
8432.90.0060, 8432.90.0081, 8433.90.5010, 8503.00.9560, 8708.70.0500, 
8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5056 and 
8716.90.5059. While HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the subject merchandise is 
dispositive.
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    \5\ For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.
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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. 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 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 version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 20472]]

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins exist for the period March 
1, 2021, through February 28, 2022:
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    \6\ 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 examined, excluding any margins that are 
zero or de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .'' For these preliminary 
results, we have preliminarily calculated a weighted-average dumping 
margin for these companies using the calculated rates of the 
mandatory respondents which are not zero or de minimis, or 
determined entirely on the basis of facts available.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
ATC Tires Private Limited...............................            1.32
Asian Tire Factory Ltd..................................            8.91
Companies Not Selected for Individual Review \6\........            1.65
------------------------------------------------------------------------

Review-Specific Average Rate for Companies Not Selected for Individual 
Review

    The exporters or producers not selected for individual review are 
listed in Appendix II.

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries.\7\ Pursuant to 19 CFR 351.212(b)(1), because 
both respondents reported the entered value for all of their U.S. 
sales, we calculated importer-specific ad valorem duty assessment rates 
based on the ratio of the total amount of dumping calculated for the 
examined sales to the total entered value of the sales for which 
entered value was reported. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \7\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the weighted average of the 
cash deposit rates calculated for ATC Tires Private Limited (ATC) and 
Asian Tire Factory Ltd. (ATF) excluding any which are zero, de minimis, 
or determined entirely on adverse facts available. 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.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by ATC or ATF for which 
the reviewed companies did not know that the merchandise they sold to 
the intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.
    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 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 in 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 less-than-fair-value (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.\9\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ See Order, 82 FR at 12554 (the dumping margin of 3.67 
percent assigned to all other producers/exporters was adjusted for 
export subsidies found in the companion countervailing duty 
investigation).
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Verification

    On August 17, 2022, Titan Tire Corporation, the petitioner in this 
proceeding, requested that Commerce conduct verification of the factual 
information submitted by the respondents in this administrative 
review.\10\ Accordingly, as provided in section 782(i)(3) of the Act, 
Commerce intends to verify the information relied upon in determining 
its final results.
---------------------------------------------------------------------------

    \10\ See Petitioner's Letter, ``Request for Verification,'' 
dated August 17, 2022.
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\11\ Interested 
parties may submit case briefs to Commerce no later than seven days 
after the date on which the last verification report is issued in this 
administrative review. Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than seven days after the time limit 
for filing case briefs.\12\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) a statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\13\ Case and rebuttal briefs should be 
filed using ACCESS.\14\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \11\ See 19 CFR 351.224(b).
    \12\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See 19 CFR 351.303.
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    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 within 30 days after the date of publication of this notice.\16\ 
Hearing requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Oral

[[Page 20473]]

presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\17\
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
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Final Results

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\18\
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    \18\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 31, 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. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

Review-Specific Average Rate Applicable to Companies Not Selected for 
Individual Review

    1. Apollo Tyres Ltd.
    2. Balkrishna Industries Ltd.\19\
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    \19\ Subject merchandise produced and exported by Balkrishna 
Industries Ltd. (BKT) was excluded from the Order. See Certain New 
Pneumatic Off-the-Road Tires from India: Notice of Correction to 
Antidumping Duty Order, 82 FR 25598 (June 2, 2017). Accordingly, BKT 
is only covered by this administrative review for subject 
merchandise produced in India where BKT acted as either the 
manufacturer or exporter (but not both).
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3. Cavendish Industries Ltd.
4. CEAT Ltd.
5. Celle Tyre Corporation
6. Emerald Resilient Tyre Manufacturer
7. Forech India Private Limited
8. HRI Tires India
9. Innovative Tyres & Tubes Limited
10. JK Tyres and Industries Ltd.
11. K.R.M. Tyres
12. M/S. Caroline Furnishers Pvt. Ltd.
13. Mahansaria Tyres Private Limited
14. MRF Limited
15. MRL Tyres Limited (Malhotra Rubbers Ltd.)
16. OTR Laminated Tyres (I) Pvt. Ltd.
17. Rubberman Enterprises Pvt. Ltd.
18. Speedways Rubber Company
19. Sun Tyres & Wheel Systems
20. Sundaram Industries Private Limited
21. Superking Manufacturers (Tyre) Pvt., Ltd.
22. TVS Srichakra Limited

[FR Doc. 2023-07249 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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