Certain New Pneumatic Off-the-Road Tires From India: Final Results of Antidumping Duty Administrative Review; 2022-2023, 83641-83643 [2024-23915]
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices
Dated: October 10, 2024.
Scot Fullerton,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issue
Comment: Export Subsidy Adjustment
VI. Recommendation
[FR Doc. 2024–23987 Filed 10–16–24; 8:45 am]
Scope of the Order 5
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 Issues
and Decision Memorandum.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–869]
Certain New Pneumatic Off-the-Road
Tires From India: Final 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) determines that
certain producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR)
March 1, 2022, through February 28,
2023.
DATES: Applicable October 17, 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:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On April 5, 2024, Commerce
published the Preliminary Results and
invited comments from interested
parties.1 On May 16, 2024, Titan Tire
Corporation (the petitioner), ATC Tires
Private Limited/ATC AP Tires Private
Limited (collectively, ATC), Asian Tire
Factory Ltd./Lyallpur Rubber Mills
(collectively, ATF), and Balkrishna
Industries Ltd. submitted timely-filed
case briefs. On May 23, 2024, the
petitioner, ATC, and ATF submitted
timely-filed rebuttal briefs. On July 3,
1 See Certain New Pneumatic Off-the-Road Tires
from India: Preliminary Results of Antidumping
Duty Administrative Review; 2022–2023, 89 FR
23973 (April 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
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18:31 Oct 16, 2024
Jkt 265001
2024, Commerce extended the deadline
for the final results until October 2,
2024.2 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.3 The deadline for the final results
is now October 9, 2024. For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.4
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete 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 a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
margin calculations for ATC and ATF.6
Rate for Companies Not Selected for
Individual Examination
The Act and Commerce’s regulations
do not address the rate to be applied to
companies not selected for individual
examination when Commerce limits its
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2022–2023 Antidumping Duty
Administrative Review,’’ dated July 3, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2022–
2023 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 (Issues and Decision
Memorandum).
5 See Certain Now Pneumatic Off-the-Road Tires
from India: Antidumping Duly Order, 82 FR 12553
(March 6, 2017) (Order).
6 For a full description of these changes, see
Issues and Decision Memorandum.
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83641
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 an investigation, for
guidance for 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.
In this review, we calculated
weighted-average dumping margins of
2.62 percent and 2.76 percent for ATC
and ATF, respectively, and we have
assigned to the non-selected companies
a rate of 2.63 percent, which is the
weighted average of ATC and ATF’s
margins, weighted by their publicly
ranged U.S. sales values.7
Final Results of Review
For these final results, we determine
the following estimated weightedaverage dumping margins exist for the
period March 1, 2022, through February
28, 2023:
Producer or exporter
ATC Tires Private Limited; ATC
Tires AP Private Limited .........
Asian Tire Factory Ltd.; Lyallpur
Rubber Mills ............................
Companies Not Selected for Individual Review 8 .....................
Weightedaverage
dumping
margin
(percent)
2.62
2.76
2.63
7 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage 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 ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
See also Memorandum, ‘‘Calculation of the NonSelected Company Rate for the Final Results,’’
dated concurrently with this notice.
8 The exporters or producers not selected for
individual review are listed in Appendix II.
E:\FR\FM\17OCN1.SGM
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83642
Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices
Disclosure
Commerce intends to disclose the
calculations performed for ATC and
ATF in connection with these final
results to interested parties 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 the Federal
Register, in accordance with 19 CFR
351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
because ATC reported the entered value
of its U.S. sales, we calculated importerspecific 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 importerspecific per-unit duty assessment rates
by aggregating the total amount of
antidumping duties calculated for the
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 importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
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.
For the companies listed in Appendix
II which were not selected for
individual review, we will assign an
assessment rate based on the reviewspecific rate, calculated as noted in the
‘‘Rate for Companies Not Selected for
Individual Examination’’ section, above.
The final results of this review shall be
the basis for the assessment of
VerDate Sep<11>2014
18:31 Oct 16, 2024
Jkt 265001
antidumping duties on entries of
merchandise covered by the final results
of this review and for the future
deposits of estimated duties where
applicable.9
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 cash 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
covered in this review will be equal to
the weighted-average dumping margin
that is 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 listed above, 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, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the cash
deposit rate established for the most
recently completed segment for the
producer of the subject merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be zero percent, the all-others rate
established in the LTFV investigation.10
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
9 See
section 751(a)(2)(C) of the Act.
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,
resulting in an adjusted cash deposit rate of zero
percent).
10 See
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Sfmt 4703
their responsibility concerning the
disposition 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 return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) 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
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: October 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations performing the non-exclusive
functions and duties of the 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Correction of a Ministerial
Error for ATC
Comment 2: Application of the Export
Subsidy Offset for ATC
Comment 3: Status of ATC’s Startup
Adjustment
Comment 4: Treatment of Certain of ATC’s
Reported Costs for Direct Materials and
Duties
Comment 5: Whether Commerce Should
Reconsider Its Differential Pricing
Analysis for ATF
Comment 6: Whether Commerce Should
Grant ATF an Export Subsidy Offset
Comment 7: Whether an Adjustment for
Duty Drawback or Certain Other
Programs is Warranted for ATF
Comment 8: Exclusion of Balakrishna
Industries Ltd.’s Sales
VI. Recommendation
E:\FR\FM\17OCN1.SGM
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices
Appendix II—Companies Not Selected
for Individual Examination Receiving
the Review-Specific Rate
ddrumheller on DSK120RN23PROD with NOTICES1
1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.11
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
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–1167.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2024, HSP requested
that, pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216, and 19 CFR
351.221(c)(3), Commerce conduct a
changed circumstances review (CCR) to
determine that HSP is the successor-ininterest to Hyundai Steel and,
accordingly, to assign HSP the cash
deposit rates currently applicable to
[FR Doc. 2024–23915 Filed 10–16–24; 8:45 am]
Hyundai Steel pursuant to the CWP
BILLING CODE 3510–DS–P
Order; OCTG Order; Welded Line Pipe
Order; and LDWP Order.1 On April 25,
2024, Commerce published the notice of
DEPARTMENT OF COMMERCE
initiation of a CCR to determine if HSP
International Trade Administration
is the successor-in-interest to Hyundai
2
[A–580–809, A–580–870, A–580–876, A–580– Steel in the above-referenced Orders.
897]
Scope of the Orders
The merchandise covered by these
Circular Welded Non-Alloy Steel Pipe
orders is CWP, OCTG, WLP, and LDWP
From the Republic of Korea; Certain
from Korea. For a complete description
Oil Country Tubular Goods From the
of the scope of each of these orders, see
Republic of Korea; Welded Line Pipe
From the Republic of Korea; and Large the Preliminary Decision
Memorandum.3
Diameter Welded Pipe From the
Republic of Korea: Notice of
Legal Framework
Preliminary Results of Antidumping
In determining whether one company
Duty Changed Circumstances Reviews
is the successor-in-interest to another
AGENCY: Enforcement and Compliance,
company as part of an AD proceeding,
International Trade Administration,
Department of Commerce.
1 See Notice of Antidumping Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
SUMMARY: The U.S. Department of
the Republic of Korea (Korea), Mexico, and
Commerce (Commerce) preliminarily
and Amendment to Final Determination
determines that Hyundai Steel Pipe Co., Venezuela,
of Sales at Less Than Fair Value: Certain Circular
Ltd. (HSP) is the successor-in-interest to Welded Non-Alloy Steel Pipe from Korea, 57 FR
49453 (November 2, 1992) (CWP Order); Certain Oil
Hyundai Steel Company (Hyundai
Steel) in the context of the antidumping Country Tubular Goods from India, the Republic of
Korea, Taiwan, the Republic of Turkey, and the
duty (AD) orders on circular welded
Socialist Republic of Vietnam: Antidumping Duty
non-alloy steel pipe (CWP), certain oil
Orders; Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Amended Final
country tubular goods (OCTG), welded
Determination of Sales at Less Than Fair Value, 79
line pipe (WLP), and large diameter
FR 53691 (September 10, 2014) (OCTG Order);
welded pipe (LDWP) from the Republic
Welded Line Pipe from the Republic of Korea and
of Korea (Korea). Therefore, HSP is
the Republic of Turkey: Antidumping Duty Orders,
80 FR 75056 (December 1, 2015) (WLP Order); and
entitled to Hyundai Steel’s AD cash
Large Diameter Welded Pipe from the Republic of
deposit rate with respect to entries of
Korea: Amended Final Affirmative Antidumping
the subject merchandise in the aboveDetermination and Antidumping Duty Order, 84 FR
referenced proceedings. Interested
18767 (May 2, 2019) (LDWP Order) (collectively, the
Orders).
parties are invited to comment on these
2 See Circular Welded Non-Alloy Steel Pipe from
preliminary results.
the Republic of Korea; Oil Country Tubular Goods
DATES: Applicable October 17, 2024.
from the Republic of Korea; Welded Line Pipe from
FOR FURTHER INFORMATION CONTACT:
the Republic of Korea; and Large Diameter Welded
George McMahon, AD/CVD Operations, Pipe from the Republic of Korea: Notice of Initiation
Antidumping Duty Changed Circumstances
Office VI, Enforcement and Compliance, of
Reviews, 89 FR 31726 (April 25, 2024).
International Trade Administration,
3 See Memorandum, ‘‘Decision Memorandum for
11 Subject
merchandise produced and exported by
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).
VerDate Sep<11>2014
18:31 Oct 16, 2024
Jkt 265001
the Preliminary Results of Antidumping Duty
Changed Circumstances Review of Circular Welded
Non-Alloy Steel Pipe from the Republic of Korea;
Certain Oil Country Tubular Goods from the
Republic of Korea; Welded Line Pipe from the
Republic of Korea; and Large Diameter Welded Pipe
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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83643
Commerce examines several factors
including, but not limited to: (1)
management and ownership; (2)
production facilities; (3) supplier
relationships; and (4) customer base.4
Although no single factor, or
combination of factors, will necessarily
provide a dispositive indication of
successorship, generally, Commerce
will consider one company to be the
successor-in-interest to another
company if its operations are not
materially dissimilar to those of the
other company.5 Thus, if the totality of
the evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the prior company, Commerce will find
the new company to be the successorin-interest to the prior company and
assign the new company the cash
deposit rate of its predecessor.6
Preliminary Results of the CCR
In accordance with 19 CFR 351.216,
we preliminarily determine that HSP is
the successor-in-interest to Hyundai
Steel with respect to the subject
merchandise and the Orders because
record evidence, as submitted by HSP,
indicates that HSP operates as
essentially the same business entity as
Hyundai Steel. HSP’s management and
ownership, production facilities,
supplier relationships, and customer
base are the same, or substantially the
same, as those of Hyundai Steel. Based
on the foregoing, which is explained in
greater detail in the Preliminary
Decision Memorandum, we
preliminarily determine that HSP is the
successor-in-interest to Hyundai Steel
and, as such, that HSP is entitled to
Hyundai Steel’s AD cash deposit rates
with respect to entries of subject
merchandise.
For a complete discussion of the
information that HSP provided, and the
complete successor-in-interest analysis,
see the Preliminary Decision
Memorandum. A list of 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
4 See, e.g., Ball Bearings and Parts Thereof from
France: Final Results of Changed-Circumstances
Review, 75 FR 34688 (June 18, 2010), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 1.
5 See, e.g., Fresh and Chilled Atlantic Salmon
from Norway; Final Results of Changed
Circumstances Antidumping Duty Administrative
Review, 64 FR 9979, 9979–80 (March 1, 1999).
6 Id.; see also Brass Sheet and Strip from Canada;
Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992), and
accompanying IDM at Comment 1.
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83641-83643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23915]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Final
Results 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) determines that
certain producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR) March 1, 2022, through February 28, 2023.
DATES: Applicable October 17, 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 April 5, 2024, Commerce published the Preliminary Results and
invited comments from interested parties.\1\ On May 16, 2024, Titan
Tire Corporation (the petitioner), ATC Tires Private Limited/ATC AP
Tires Private Limited (collectively, ATC), Asian Tire Factory Ltd./
Lyallpur Rubber Mills (collectively, ATF), and Balkrishna Industries
Ltd. submitted timely-filed case briefs. On May 23, 2024, the
petitioner, ATC, and ATF submitted timely-filed rebuttal briefs. On
July 3, 2024, Commerce extended the deadline for the final results
until October 2, 2024.\2\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for the final results is now October 9, 2024. For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\4\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 23973 (April 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated July 3,
2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ See Certain Now Pneumatic Off-the-Road Tires from India:
Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (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 Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete 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 a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the margin calculations for ATC and ATF.\6\
---------------------------------------------------------------------------
\6\ For a full description of these changes, see Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Rate for Companies Not Selected for Individual Examination
The Act 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 an investigation, for guidance for 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.
In this review, we calculated weighted-average dumping margins of
2.62 percent and 2.76 percent for ATC and ATF, respectively, and we
have assigned to the non-selected companies a rate of 2.63 percent,
which is the weighted average of ATC and ATF's margins, weighted by
their publicly ranged U.S. sales values.\7\
---------------------------------------------------------------------------
\7\ 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 Non-
Selected Company Rate for the Final Results,'' dated concurrently
with this notice.
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Final Results of Review
For these final results, we determine the following estimated
weighted-average dumping margins exist for the period March 1, 2022,
through February 28, 2023:
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\8\ 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..... 2.62
Asian Tire Factory Ltd.; Lyallpur Rubber Mills.............. 2.76
Companies Not Selected for Individual Review \8\............ 2.63
------------------------------------------------------------------------
[[Page 83642]]
Disclosure
Commerce intends to disclose the calculations performed for ATC and
ATF in connection with these final results to interested parties 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 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)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
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 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.
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.
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 Companies
Not Selected for Individual Examination'' section, above. 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 the future deposits of estimated duties
where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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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 cash 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
covered in this review will be equal to the weighted-average dumping
margin that is 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 listed above, 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, or the original
less-than-fair-value (LTFV) investigation, but the manufacturer is, the
cash deposit rate will be the cash deposit rate established for the
most recently completed segment for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be zero percent, the all-others rate
established in the LTFV investigation.\10\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ 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, resulting in an adjusted cash deposit rate of zero
percent).
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Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the
non-exclusive functions and duties of the 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Correction of a Ministerial Error for ATC
Comment 2: Application of the Export Subsidy Offset for ATC
Comment 3: Status of ATC's Startup Adjustment
Comment 4: Treatment of Certain of ATC's Reported Costs for
Direct Materials and Duties
Comment 5: Whether Commerce Should Reconsider Its Differential
Pricing Analysis for ATF
Comment 6: Whether Commerce Should Grant ATF an Export Subsidy
Offset
Comment 7: Whether an Adjustment for Duty Drawback or Certain
Other Programs is Warranted for ATF
Comment 8: Exclusion of Balakrishna Industries Ltd.'s Sales
VI. Recommendation
[[Page 83643]]
Appendix II--Companies Not Selected for Individual Examination
Receiving the Review-Specific Rate
1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\11\
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\11\ Subject merchandise produced and exported by 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. 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
[FR Doc. 2024-23915 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P
