Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results and Partial Recission of Antidumping Duty Administrative Review; 2022-2023, 23973-23975 [2024-07282]
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[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)] [Notices] [Pages 23973-23975] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-07282] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-869] Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results and Partial Recission of Antidumping Duty Administrative Review; 2022-2023 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, 2022, through February 28, 2023. We are also rescinding this administrative review, in part, with respect to 10 companies because these companies had no reviewable entries of subject merchandise during the POR. We invite interested parties to comment on these preliminary results. DATES: Applicable April 5, 2024. FOR FURTHER INFORMATION CONTACT: 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) 482-6412. SUPPLEMENTARY INFORMATION: Background On March 6, 2017, Commerce published in the Federal Register an antidumping duty order on off-the-road tires from India.\1\ On May 9, 2023, based on timely requests for review, we initiated an administrative review of the Order covering 24 companies.\2\ On November 4, 2023, we extended the time limit for these preliminary results to March 29, 2024.\3\ For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.\4\ --------------------------------------------------------------------------- \1\ See Certain New Pneumatic Off-the-Road Tires from India: Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order); see also Certain New Pneumatic Off-the-Road Tires from India: Notice of Correction to Antidumping Duty Order, 82 FR 25598 (June 2, 2017) (Order Correction). \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 29881 (May 9, 2023). \3\ See Memorandum, ``Extension of Deadline for Preliminary Results,'' dated November 8, 2023. \4\ See Memorandum, ``Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires from India; 2022-2023,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the Order is certain new pneumatic off- the-road tires from India. For a full description of the scope of the Order, see the Preliminary Decision Memorandum. Partial Recission of Administrative Review Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of an antidumping duty order where it concludes that there were no suspended entries of subject merchandise during the POR.\5\ Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate for the review period.\6\ Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated antidumping duty assessment rate for the review period.\7\ On December 22, 2023, we notified parties of our intent to rescind the instant review regarding the companies listed in Appendix III because there were no reviewable, suspended entries of subject merchandise from these companies during the POR and invited interested parties to comment.\8\ No parties commented on our intent to rescind the review, in part. In the absence of any suspended entries of subject merchandise from these companies during the POR, we are rescinding this administrative review for the companies listed in Appendix III, in accordance with 19 CFR 351.213(d)(3). --------------------------------------------------------------------------- \5\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023). \6\ See 19 CFR 351.212(b)(1). \7\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 380 F. Supp. 3d 1328, 1337 (CIT 2019), at 12 (referring to section 751(a) of the Act, the CIT held: ``While the statute does not explicitly require that an entry be suspended as a prerequisite for establishing entitlement to a review, it does explicitly state the determined rate will be used as the liquidation rate for the reviewed entries. This result can only obtain if the liquidation of entries has been suspended''; see also Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 86 FR 36102, and accompanying Issues and Decision Memorandum at Comment 4; and Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation: Notice of Rescission of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 2012) (noting that ``for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate''). \8\ See Memorandum, ``Notice of Intent to Rescind Review, In Part,'' dated December 22, 2023. --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). We calculated export price and 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 attached as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public 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 [[Page 23974]] complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. Rate for Non-Examined Companies The statute and Commerce's regulations do not address the rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. 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 investigated, excluding any zero or de minimis margins, and any margins determined entirely on the basis of facts available. We preliminarily calculated dumping margins for the two mandatory respondents, ATC Tires Private Limited and ATC Tires AP Private Ltd. (collectively, ATC) and Asian Tire Factory Ltd. and Lyallpur Rubber Mills (collectively, ATF), of 2.68 percent and 3.18 percent, respectively, and we have assigned to the non-selected companies a rate of 2.71 percent, which is the weighted average of ATC's and ATF's dumping margins, weighted by their publicly ranged U.S. sales values.\9\ --------------------------------------------------------------------------- \9\ With two respondents under examination, Commerce normally calculates: (A) a weighted-average of the dumping margins calculated for the examined respondents; (B) a simple average of the dumping margins calculated for the examined respondents; and (C) a weighted- average of the dumping margins calculated for the examined respondents using each company's publicly ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). See also Memorandum, ``Calculation of the Review-Specific Average Rate,'' dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- Preliminary Results of the Review As a result of this review, we preliminarily determine the following estimated weighted-average dumping margins exist for the period March 1, 2022, through February 28, 2023: --------------------------------------------------------------------------- \10\ The exporters or producers not selected for individual review are listed in Appendix II. ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ ATC Tires Private Limited; ATC Tires AP Private Limited..... 2.68 Asian Tire Factory Ltd.; Lyallpur Rubber Mills.............. 3.18 Companies Not Selected for Individual Review \10\........... 2.71 ------------------------------------------------------------------------ Disclosure and Public Comment We intend 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 in the Federal Register.\11\ Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. 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.\12\ Interested parties who submit case briefs or rebuttal briefs in this administrative review must submit: (1) a table of contents listing each issue; and (2) a table of authorities.\13\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.224(b). \12\ See 19 CFR 351.309(d)(1); 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). \13\ 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.\14\ Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public 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 public executive summary of each issue. --------------------------------------------------------------------------- \14\ We use the term ``issue'' here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. --------------------------------------------------------------------------- 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. 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. Issues raised in the hearing will be limited to those raised in the respective case briefs. Oral 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.\15\ --------------------------------------------------------------------------- \15\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- All submissions, including case and rebuttal briefs, as well as hearing requests, should be filed via ACCESS.\16\ An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).\17\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.303. \17\ See APO and Service Final Rule. --------------------------------------------------------------------------- Final Results of Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Assessment Rates Upon completion of this administrative review, pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), because ATC reported the entered value of its 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. ATF did not report the actual entered value for its U.S. sales; thus, we calculated importer- specific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the [[Page 23975]] examined sales and dividing this amount by the total quantity of those sales. 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 assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by either of the individually examined respondents for which they did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate these entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.\18\ --------------------------------------------------------------------------- \18\ For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- For the companies listed in Appendix II which were not selected for individual review, we will assign an assessment rate based on the review-specific rate, calculated as noted in the ``Rate for Non- Examined Companies'' section, above. For the companies listed in Appendix III for which we are rescinding this review, we will instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue these rescission instructions to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register. Commerce intends to issue assessment instructions to CBP regarding ATC, ATF, and the companies listed in Appendix II 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). The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.\19\ --------------------------------------------------------------------------- \19\ See section 751(a)(2)(C) of the Act. --------------------------------------------------------------------------- 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 0.05 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 by this review, the cash deposit rate will continue to be the company-specific 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, a prior review, or the less-than-fair-value (LTFV) investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 3.67 percent, the all-others rate established in the LTFV investigation.\20\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \20\ See Order, 82 FR at 12553, 12554. --------------------------------------------------------------------------- Notification to Importers This notice 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 POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of antidumping by the amount of 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, and 19 CFR 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. Discussion of the Methodology V. Recommendation Appendix II--Companies Not Selected for Individual Review 1. Apollo Tyres Ltd. 2. Balkrishna Industries Ltd.\21\ --------------------------------------------------------------------------- \21\ Subject merchandise produced and exported by Balkrishna Industries Ltd. (BKT) was excluded from the Order. See Order Correction, 82 FR at 25598. 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). --------------------------------------------------------------------------- 3. CEAT Ltd. 4. Emerald Resilient Tyre Manufacturer 5. HRI Tires India 6. JK Tyres and Industries Ltd. 7. K.R.M. Tyres 8. Mahansaria Tyres Private Limited 9. MRF Limited 10. MRL Tyres Limited (Malhotra Rubbers Ltd.) 11. Speedways Rubber Company 12. TVS Srichakra Limited Appendix III--Companies With No Reviewable Entries 1. Aakriti Manufacturing Pvt. Ltd. 2. Cavendish Industries Ltd. 3. Celite Tyre Corporation 4. John Deere India Pvt. Ltd. 5. OTR Laminated Tyres (I) Pvt. Ltd. 6. Royal Tyres Private Limited 7. Sun Tyre And Wheel Systems 8. Sundaram Industries Private Limited 9. Tyre Experts LLP 10. Ultra Mile [FR Doc. 2024-07282 Filed 4-4-24; 8:45 am] BILLING CODE 3510-DS-P
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