Certain New Pneumatic Off-The-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2022, 23969-23971 [2024-07281]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of Aviastar any
item subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
Aviastar of the ownership, possession,
or control of any item subject to the EAR
that has been or will be exported from
the United States, including financing
or other support activities related to a
transaction whereby Aviastar acquires
or attempts to acquire such ownership,
possession or control except directly
related to safety of flight and authorized
by BIS pursuant to section 764.3(a)(2) of
the Regulations;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from Aviastar of any item
subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations;
D. Obtain from Aviastar in the United
States any item subject to the EAR with
knowledge or reason to know that the
item will be, or is intended to be,
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by Aviastar, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Aviastar if such service involves the
use of any item subject to the EAR that
has been or will be exported from the
United States except directly related to
safety of flight and authorized by BIS
pursuant to section 764.3(a)(2) of the
Regulations. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Aviastar by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
sections 766.24(e) of the EAR, Aviastar
may, at any time, appeal this Order by
VerDate Sep<11>2014
16:44 Apr 04, 2024
Jkt 262001
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Aviastar as
provided in section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce for Export
Enforcement, which must be received
not later than seven days before the
expiration date of the Order.
A copy of this Order shall be provided
to Aviastar, and shall be published in
the Federal Register.
This Order is effective immediately
and shall remain in effect for one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce, for Export
Enforcement.
[FR Doc. 2024–07303 Filed 4–4–24; 8:45 am]
BILLING CODE 3510–DT–P
23969
Background
On May 9, 2023, Commerce published
the initiation of 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. On November
9, 2023, Commerce extended the time
limit for these preliminary results to
March 29, 2024.2
For a complete description of the
events that followed the initiation of the
review, see the Preliminary Decision
Memorandum.3 A list of topics
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.
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
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.
[C–533–870]
Certain New Pneumatic Off-The-Road
Tires From India: Preliminary Results
of Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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, 2022, through
December 31, 2022. Interested parties
are invited to comment on these
preliminary results.
SUMMARY:
DATES:
Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Austin Davison or 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) 482–2811
and (202) 482–3148, respectively.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29885 (May 9, 2023).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Review,’’ dated November 9,
2023.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Offthe-Road Tires from India; 2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\05APN1.SGM
05APN1
23970
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
exist for the period January 1, 2022,
through December 31, 2022:
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
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 received countervailable
subsidies that are above de minimis and
are not based entirely on facts available.
Therefore, we preliminarily determine
to apply the net subsidy rates calculated
for ATC. The companies for which a
review was requested, which were not
selected as mandatory respondents or
found to be cross-owned with a
mandatory respondent, are listed in
Appendix II.
khammond on DSKJM1Z7X2PROD with NOTICES
Preliminary Results of Review
Commerce preliminarily determines
the net countervailable subsidy rates
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.
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).
VerDate Sep<11>2014
16:44 Apr 04, 2024
Jkt 262001
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
Subsidy rate requirements pertaining to the service of
Company
(percent
documents in 19 CFR 351.303(f).11
ad valorem)
Pursuant to 19 CFR 351.310(c),
ATC Tires Private Limited 6 ......
1.83 interested parties who wish to request a
Balkrishna Industries Ltd ..........
* 0.43 hearing must submit a written request to
the Assistant Secretary for Enforcement
Companies Not Selected for Individual Review 7 ...................
1.83 and Compliance, filed electronically via
ACCESS. Hearing requests should
* de minimis.
contain: (1) the party’s name, address,
Disclosure and Public Comment
and telephone number; (2) the number
of participants; and (3) a list of the
Commerce intends to disclose its
issues to be discussed. Issues raised in
calculations and analysis performed to
the hearing will be limited to those
interested parties for these preliminary
raised in the respective case briefs. An
results within five days of any public
electronically filed hearing request must
announcement or, if there is no public
be received successfully in its entirety
announcement, within five days of the
by Commerce’s electronic records
date of publication of this notice in
system, ACCESS, by 5 p.m. Eastern
accordance with 19 CFR 351.224(b).
Case briefs or other written comments Time, within 30 days of the publication
date of this notice. If a request for a
may be submitted to the Assistant
Secretary for Enforcement and
hearing is made, parties will be notified
Compliance. Commerce will notify
of the time and date of the hearing.12
interested parties of the deadline for
Final Results of Review
submission of case briefs. Rebuttal
Unless the deadline is extended,
briefs, limited to issues raised in the
Commerce intends to issue the final
case briefs, may be filed not later than
results of this administrative review,
five days after the date for filing case
which will include the results of
briefs.8 Interested parties who submit
Commerce’s analysis of the issues raised
case briefs or rebuttal briefs in this
in the case briefs, within 120 days after
proceeding must submit: (1) a table of
the date of the preliminary results,
contents listing each issue; and (2) a
pursuant to section 751(a)(3)(A) of the
table of authorities.9
As provided under 19 CFR
Act and 19 CFR 351.213(h)(1).
351.309(c)(2) and (d)(2), in prior
Assessment Rates
proceedings we have encouraged
In accordance with 19 CFR
interested parties to provide an
351.221(b)(4)(i), Commerce
executive summary of their brief that
preliminarily assigned a subsidy rate in
should be limited to five pages total,
the amount for the producers/exporters
including footnotes. In this review, we
shown above. Upon completion of the
instead request that interested parties
administrative review, consistent with
provide at the beginning of their briefs
section 751(a)(1) of the Act and 19 CFR
a public, executive summary for each
issue raised in their briefs.10 Further, we 351.212(b)(2), Commerce shall
request that interested parties limit their determine, and U.S. Customs and
Border Protection (CBP) shall assess,
executive summary of each issue to no
countervailing duties on all appropriate
more than 450 words, not including
citations. We intend to use the executive entries covered by this review.
summaries as the basis of the comment
Commerce intends to issue assessment
summaries included in the issues and
instructions to CBP no earlier than 35
decision memorandum that will
days after the date of publication of the
accompany the final results in this
final results of this review in the
administrative review. We request that
Federal Register.
If a timely summons is filed at the
interested parties include footnotes for
U.S. Court of International Trade, the
6 As discussed in the Preliminary Decision
assessment instructions will direct CBP
Memorandum, Commerce preliminarily finds ATC
not to liquidate relevant entries until the
Tires AP Private Ltd to be cross-owned with ATC.
time for parties to file a request for a
7 See Appendix II for the list of these companies.
statutory injunction has expired (i.e.,
8 See 19 CFR 351.309(d); see also Administrative
within 90 days of publication).
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
11 See
12 See
E:\FR\FM\05APN1.SGM
APO and Service Final Rule.
19 CFR 351.310(d).
05APN1
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
intends upon publication of the final
results, to instruct CBP to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies 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. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required 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 review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing 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.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: March 29, 2024.
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. Rate for Non-Examined Companies
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates,
and Benchmarks for Measuring the
Adequacy of Remuneration
VII. Analysis of Programs
VIII. Recommendation
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II—List of Companies Not
Selected for Individual Review
1. Aakriti Manufacturing Pvt. Ltd.
2. Apollo Tyres Ltd.
3. Asian Tire Factory Limited.
4. Asiatic Tradelinks Private Limited.
5. Cavendish Industries Ltd.
6. Ceat Ltd.
7. Celite Tyre Corporation.
8. Emerald Resilient Tyre Manufacturer.
9. Forech India Private Limited.
10. HRI Tires India.
11. Innovative Tyres & Tubes Limited.
12. JK Tyre & Industries Ltd.
13. John Deere India Pvt. Ltd.
14. K.R.M. Tyres.
15. Mahansaria Tyres Private Limited.
16. MRF Limited.
17. MRL Tyres Limited (Malhotra Rubbers
VerDate Sep<11>2014
16:44 Apr 04, 2024
Jkt 262001
Ltd.).
18. Neosym Industry Limited.
19. OTR Laminated Tyres (I) Pvt. Ltd.
20. Royal Tyres Private Limited.
21. Rubberman Enterprises Pvt. Ltd.
22. Speedways Rubber Company.
23. Sun Tyre And Wheel Systems.
24. Sundaram Industries Private Limited.
25. Superking Manufacturers (Tyre) Pvt., Ltd.
26. TVS Srichakra Limited.
27. Ultra Mile.
[FR Doc. 2024–07281 Filed 4–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–842]
Certain Uncoated Paper From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on certain
uncoated paper (uncoated paper) from
Brazil for the period of review (POR)
March 1, 2022, through February 28,
2023. Commerce preliminarily finds
that Suzano S.A. (Suzano) made sales of
subject merchandise at prices below
normal value (NV) during the POR, and
finds that Sylvamo do Brasil Ltda.
(SVBR) and Sylvamo Exports Ltda.
(SVEX) (collectively, Sylvamo) did not
make sales of subject merchandise at
prices below NV during the POR. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba or Nathan James,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0413 or
(202) 482–5305, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 9, 2023, Commerce initiated
an administrative review of the AD
order on uncoated paper from Brazil,1 in
accordance with section 751(a) of the
1 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (Order).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
23971
Tariff Act of 1930, as amended (the
Act).2 This review covers two
producers/exporters of subject
merchandise, Suzano 3 and Sylvamo.4
On November 9, 2023, Commerce
extended the deadline for these
preliminary results until March 29,
2024.5 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Scope of the Order
The merchandise subject to the Order
is uncoated paper from Brazil. For a full
description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated constructed
export price in accordance with section
772 of the Act. We calculated NV in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
an appendix 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.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881 (May 9, 2023).
3 Commerce previously determined that Suzano is
the successor-in-interest to Suzano Papel e Celulose
S.A. See Certain Uncoated Paper from Brazil: Final
Results of Antidumping Duty Administrative
Review; 2019–2020, 86 FR 55820 (October 7, 2021).
4 Commerce previously determined that SVBR is
the successor-in-interest to International Paper do
Brasil Ltda. and that SVEX is the successor-ininterest to International Paper Exportadora Ltda.
See Certain Uncoated Paper from Brazil: Final
Results of Antidumping Duty Changed
Circumstances Review, 87 FR 1395 (January 11,
2022).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated November 9, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Uncoated Paper from Brazil; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\05APN1.SGM
05APN1
]]>Agencies
[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23969-23971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07281]
-----------------------------------------------------------------------
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; 2022
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, 2022,
through December 31, 2022. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Austin Davison or 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) 482-2811 and (202) 482-3148,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2023, Commerce published the initiation of 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. On November 9, 2023,
Commerce extended the time limit for these preliminary results to March
29, 2024.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29885 (May 9, 2023).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Review,'' dated November 9, 2023.
---------------------------------------------------------------------------
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 Administrative Review of the Countervailing Duty
Order on Off-the-Road Tires from India; 2022,'' 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
[[Page 23970]]
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 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 received
countervailable subsidies that are above de minimis and are not based
entirely on facts available. Therefore, we preliminarily determine to
apply the net subsidy rates calculated for ATC. The companies for which
a review was requested, 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).
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines the net countervailable subsidy
rates exist for the period January 1, 2022, through December 31, 2022:
---------------------------------------------------------------------------
\6\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds ATC Tires AP Private Ltd to be cross-
owned with ATC.
\7\ See Appendix II for the list of these companies.
------------------------------------------------------------------------
Subsidy
rate
Company (percent ad
valorem)
------------------------------------------------------------------------
ATC Tires Private Limited \6\.............................. 1.83
Balkrishna Industries Ltd.................................. * 0.43
Companies Not Selected for Individual Review \7\........... 1.83
------------------------------------------------------------------------
* de minimis.
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Commerce will
notify interested parties of the deadline for submission of case
briefs. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\8\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
---------------------------------------------------------------------------
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
---------------------------------------------------------------------------
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. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time, within 30 days of the publication date of this notice. If
a request for a hearing is made, parties will be notified of the time
and date of the hearing.\12\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Final Results of Review
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).
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily
assigned a subsidy rate in the amount for the producers/exporters 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 Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
[[Page 23971]]
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies 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. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required 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 review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing 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.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: March 29, 2024.
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. Rate for Non-Examined Companies
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring the Adequacy of Remuneration
VII. Analysis of Programs
VIII. Recommendation
Appendix II--List of Companies Not Selected for Individual Review
1. Aakriti Manufacturing Pvt. Ltd.
2. Apollo Tyres Ltd.
3. Asian Tire Factory Limited.
4. Asiatic Tradelinks Private Limited.
5. Cavendish Industries Ltd.
6. Ceat Ltd.
7. Celite Tyre Corporation.
8. Emerald Resilient Tyre Manufacturer.
9. Forech India Private Limited.
10. HRI Tires India.
11. Innovative Tyres & Tubes Limited.
12. JK Tyre & Industries Ltd.
13. John Deere India Pvt. Ltd.
14. K.R.M. Tyres.
15. Mahansaria Tyres Private Limited.
16. MRF Limited.
17. MRL Tyres Limited (Malhotra Rubbers Ltd.).
18. Neosym Industry Limited.
19. OTR Laminated Tyres (I) Pvt. Ltd.
20. Royal Tyres Private Limited.
21. Rubberman Enterprises Pvt. Ltd.
22. Speedways Rubber Company.
23. Sun Tyre And Wheel Systems.
24. Sundaram Industries Private Limited.
25. Superking Manufacturers (Tyre) Pvt., Ltd.
26. TVS Srichakra Limited.
27. Ultra Mile.
[FR Doc. 2024-07281 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-DS-P
