Certain New Pneumatic Off-the-Road Tires From India: Final Results of Countervailing Duty Administrative Review; 2021, 68101-68102 [2023-21837]

Download as PDF Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 parties who were included in the preceding annual inquiry service list must submit an amended entry of appearance to be included in the next year’s annual inquiry service list. For these interested parties, Commerce will change the entry of appearance status from ‘‘Active’’ to ‘‘Needs Amendment’’ for the annual inquiry service lists corresponding to the above-listed proceedings. This will allow those interested parties to make any necessary amendments and resubmit their entries of appearance. If no amendments need to be made, the interested party should indicate in the area on the ACCESS form requesting an explanation for the amendment that it is resubmitting its entry of appearance for inclusion in the annual inquiry service list for the following year. As mentioned in the Final Rule,14 once the petitioners and foreign governments have submitted an entry of appearance for the first time, they will automatically be added to the updated annual inquiry service list each year. Interested parties have 30 days after the date of this notice to submit new or amended entries of appearance. Commerce will then finalize the annual inquiry service lists five business days thereafter. For ease of administration, please note that Commerce requests that law firms with more than one attorney representing interested parties in a proceeding designate a lead attorney to be included on the annual inquiry service list. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 15 Accordingly, as stated above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to 14 See Final Rule, 86 FR at 52335. 15 Id. VerDate Sep<11>2014 20:04 Oct 02, 2023 Jkt 262001 be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. This notice is not required by statute but is published as a service to the international trading community. Dated: September 25, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–21799 Filed 10–2–23; 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: Final Results of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain new pneumatic off-the-road tires (OTR Tires) from India. The period of review (POR) January 1, 2021, through December 31, 2021. DATES: Applicable October 3, 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 April 5, 2023, Commerce published the Preliminary Results and invited interested parties to comment.1 These final results cover 23 companies for which an administrative review was initiated.2 We selected two companies for individual examination: ATC Tires 1 See Certain New Pneumatic Off-the-Road Tires from India: Preliminary Results of Countervailing Duty Administrative Review; 2021, 88 FR 20125 (April 5, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 50034 (September 7, 2021). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 68101 Private Limited (ATC) and Balkrishna Industries Ltd. (BKT). For a description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.3 Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the Order are OTR Tires from India. For a complete description of the scope, see the Issues and Decision Memorandum.4 Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. A list of these issues is attached in Appendix I to this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of the comments received from interested parties, a review of the record, and for the reasons explained in the Issues and Decision Memorandum, we made certain revisions to the subsidy calculations for ATC and BKT, as detailed in the Issues and Decision Memorandum.5 As a result of the changes to ATC’s and BKT’s rates, the final rate for the 21 non-selected companies under review also changed. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we find 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.6 The Issues and 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Certain New Pneumatic Off-the-Road Tires from India; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Issues and Decision Memorandum. 5 Id. at 4. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) E:\FR\FM\03OCN1.SGM Continued 03OCN1 68102 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices Decision Memorandum contains a full description of the methodology underlying Commerce’s conclusions. Companies Not Selected for Individual Review Generally, Commerce looks to section 705(c)(5) of the Act for guidance for calculating the rate for companies that were not selected for individual examination in an administrative review. Under section 705(c)(5)(A) of the Act, the all-others rate is normally determined 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. In this review, in accordance with 19 CFR 351.221(b)(5), we calculated a subsidy rate of 2.20 percent for ATC and a subsidy rate of 0.33 percent for BKT. 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.7 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 2. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed. 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 In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above on shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this Final Results of Review administrative review. For all nonWe determine that the following total reviewed firms, we will instruct CBP to net countervailable subsidy rates exist continue to collect cash deposits of for the period January 1, 2021, through estimated countervailing duties at the December 31, 2021: most recent company-specific or allothers rate applicable to the company, Subsidy rate as appropriate. These cash deposits, Company (percent ad effective upon the publication of the valorem) final results of this review, shall remain ATC Tires Private Limited 8 .. 2.20 in effect until further notice. Balkrishna Industries Ltd ...... Companies Not Selected for Individual Examination ...... 0.33 Administrative Protective Order 1.58 ddrumheller on DSK120RN23PROD with NOTICES1 Disclosure Commerce intends to disclose the calculations performed in connection with these final results of review to parties in this review within five days after public announcement of the final results or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Memorandum, ‘‘Calculation of Subsidy Rate for Non-Selected Companies Under Review,’’ dated concurrently with this memorandum. 8 This rate applies to ATC, ATC Tires AP Private Ltd., and Yokohama India Private Limited. VerDate Sep<11>2014 20:04 Oct 02, 2023 Jkt 262001 This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction or return of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the destruction or return 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 sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Dated: September 27, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Companies Not Selected for Individual Examination V. Changes Since the Preliminary Results VI. Discussion of the Issues Comment 1: Verification Comment 2: Merchandise Export Incentive Scheme (MEIS) Benefits Comment 3: Tax and Duty Exemptions Under the Export Oriented Unit (EOU) and Special Export Zone (SEZ) Programs Comment 4: SEZ Income Tax Exemption, Section 10AA of the Income Tax Act Comment 5: Export Credit Insurance Comment 6: Gujarat Electricity Duty Exemption Comment 7: Advanced Authorization Scheme Comment 8: Maharashtra Package Scheme of Incentives (MPSI), 2013—Sales Tax Deferral Scheme Comment 9: MPSI, 2013—Industrial Promotion Subsidy Comment 10: Completeness of Commerce’s Preliminary Determinations and Its Reliance on Past Decisions Comment 11: Commerce Must Remove All Cenvatable Duties from the Benefit Calculation for the Export Promotion of Capital Goods Scheme (EPCGS) VII. Recommendation Appendix II List of Companies Not Selected for Individual Examination 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 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. 2023–21837 Filed 10–2–23; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68101-68102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21837]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-870]


Certain New Pneumatic Off-the-Road Tires From India: Final 
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) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain new pneumatic off-the-road tires (OTR Tires) from India. The 
period of review (POR) January 1, 2021, through December 31, 2021.

DATES: Applicable October 3, 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 April 5, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ These final results cover 23 
companies for which an administrative review was initiated.\2\ We 
selected two companies for individual examination: ATC Tires Private 
Limited (ATC) and Balkrishna Industries Ltd. (BKT). For a description 
of the events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act).
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Preliminary Results of Countervailing Duty Administrative Review; 
2021, 88 FR 20125 (April 5, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Certain New 
Pneumatic Off-the-Road Tires from India; 2021,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are OTR Tires from India. For a 
complete description of the scope, see the Issues and Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. A list of these issues is attached 
in Appendix I to this notice. The Issues and Decision Memorandum is a 
public document and is available electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Services System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, a review of the record, and for the reasons explained in the 
Issues and Decision Memorandum, we made certain revisions to the 
subsidy calculations for ATC and BKT, as detailed in the Issues and 
Decision Memorandum.\5\ As a result of the changes to ATC's and BKT's 
rates, the final rate for the 21 non-selected companies under review 
also changed.
---------------------------------------------------------------------------

    \5\ Id. at 4.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Act. For each of the subsidy programs 
found countervailable, we find 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.\6\ The Issues and

[[Page 68102]]

Decision Memorandum contains a full description of the methodology 
underlying Commerce's conclusions.
---------------------------------------------------------------------------

    \6\ 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 Review

    Generally, Commerce looks to section 705(c)(5) of the Act for 
guidance for calculating the rate for companies that were not selected 
for individual examination in an administrative review. Under section 
705(c)(5)(A) of the Act, the all-others rate is normally determined 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.
    In this review, in accordance with 19 CFR 351.221(b)(5), we 
calculated a subsidy rate of 2.20 percent for ATC and a subsidy rate of 
0.33 percent for BKT. 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.\7\ 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 2.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
memorandum.
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following total net countervailable subsidy 
rates exist for the period January 1, 2021, through December 31, 2021:
---------------------------------------------------------------------------

    \8\ This rate applies to ATC, ATC Tires AP Private Ltd., and 
Yokohama India Private Limited.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
ATC Tires Private Limited \8\...........................            2.20
Balkrishna Industries Ltd...............................            0.33
Companies Not Selected for Individual Examination.......            1.58
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the above-listed companies at the applicable ad 
valorem assessment rates listed. 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

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above on shipments of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. These cash 
deposits, effective upon the publication of the final results of this 
review, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the destruction or 
return 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 sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: September 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Verification
    Comment 2: Merchandise Export Incentive Scheme (MEIS) Benefits
    Comment 3: Tax and Duty Exemptions Under the Export Oriented 
Unit (EOU) and Special Export Zone (SEZ) Programs
    Comment 4: SEZ Income Tax Exemption, Section 10AA of the Income 
Tax Act
    Comment 5: Export Credit Insurance
    Comment 6: Gujarat Electricity Duty Exemption
    Comment 7: Advanced Authorization Scheme
    Comment 8: Maharashtra Package Scheme of Incentives (MPSI), 
2013--Sales Tax Deferral Scheme
    Comment 9: MPSI, 2013--Industrial Promotion Subsidy
    Comment 10: Completeness of Commerce's Preliminary 
Determinations and Its Reliance on Past Decisions
    Comment 11: Commerce Must Remove All Cenvatable Duties from the 
Benefit Calculation for the Export Promotion of Capital Goods Scheme 
(EPCGS)
VII. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

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
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. 2023-21837 Filed 10-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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