Certain New Pneumatic Off-the-Road Tires From India: Final Results of Countervailing Duty Administrative Review; 2022, 84331-84333 [2024-24430]

Download as PDF Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 administrative proceeding by seven days.2 The preliminary determination is currently due no later than November 19, 2024. Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On October 8, 2024, the petitioner submitted a timely request that Commerce postpone the preliminary determination in this LTFV investigation.3 The petitioner stated that it requests postponement because additional time will allow Commerce to issue supplemental questionnaires to address deficiencies and omissions in the mandatory respondents’ responses and to ensure an accurate calculation of preliminary dumping margins.4 For the reasons stated above and because there are no compelling reasons to deny the request, Commerce is postponing the deadline for the preliminary determination by 50 days, i.e., 190 days after the date on which this investigation was initiated, in accordance with section 733(c)(1)(A) of the Act. As a result, Commerce will issue its preliminary determination no later than January 8, 2025. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Petitioner‘s Letter, ‘‘Request for Postponement of the Preliminary Determination,’’ dated October 8, 2024. The petitioner is Solvay USA LLC. 4 Id. VerDate Sep<11>2014 17:10 Oct 21, 2024 Jkt 265001 days after the date of the preliminary determination, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: October 16, 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. [FR Doc. 2024–24390 Filed 10–21–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–870] Certain New Pneumatic Off-the-Road Tires From India: Final Results of Countervailing Duty Administrative Review; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/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. DATES: Applicable October 22, 2024. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 5, 2024, Commerce published the preliminary results of this administrative review.1 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On August 6, 2024, we extended the time limit for these final results to October 9, 2024.3 1 See Certain New Pneumatic Off-The-Road Tires from India: Preliminary Results of Countervailing Duty Administrative Review; 2022, 89 FR 23969 (April 5, 2024) (Preliminary Results). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated August 6, 2024. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 84331 For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 Scope of the Order 5 The products covered by the order are OTR 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 parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed is attached to this notice at Appendix I. 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 comments received from interested parties and record information, we made certain changes from the Preliminary Results regarding the subsidy calculations for ATC Tires Private Limited (ATC) and Balkrishna Industries Ltd. (BKT). These changes are explained in the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each subsidy program found countervailable, Commerce finds that there is a subsidy, i.e., a governmentprovided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a description of the methodology underlying all of Commerce’s conclusions, including any determination that relied upon the use 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results in the Countervailing Duty Administrative Review of Offthe-Road Tires from India; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders, 82 FR 12556 (March 6, 2017) (Order). 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\22OCN1.SGM 22OCN1 84332 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices of adverse facts available pursuant to section 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Companies Not Selected for Individual Review The Act and Commerce’s regulations do not directly address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. Generally, Commerce looks to section 705(c)(5) of the Act, which provides instructions for determining the all-others rate in an investigation, for guidance when calculating the rate for companies that were not selected for individual examination in an administrative review. 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}.’’ Under section 705(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely {on the basis of 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.7 We determine that ATC received countervailable subsidies that are above de minimis and are not based entirely on facts available. Therefore, we 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. ddrumheller on DSK120RN23PROD with NOTICES1 Final Results of Review We determine that the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022: 7 See, e.g., Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 37387 (June 29, 2010). 8 See Appendix II of this notice for a list of all companies subject to this review that were not selected for individual examination and to which Commerce has assigned the non-examined company rate. VerDate Sep<11>2014 17:10 Oct 21, 2024 Jkt 265001 Administrative Protective Order This notice also serves as a final reminder to parties subject to the ATC Tires Private Limited ...... 1.70 administrative protective order (APO) of Balkrishna Industries Ltd ........ * 0.34 their responsibility concerning the destruction of proprietary information Non-Selected Companies Under Review 8 ................... 1.70 disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely * De minimis. written notification of the return or destruction of APO materials or Disclosure conversion to judicial protective order is Commerce intends to disclose the hereby requested. Failure to comply calculations and analysis performed for with the regulations and terms of an these final results of review within five APO is a sanctionable violation. days of the date of publication of this Notification to Interested Parties notice in the Federal Register, in Commerce is issuing the final results accordance with 19 CFR 351.224(b). and publishing this notice in Assessment Rates accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR Pursuant to sections 751(a)(1) and 351.221(b)(5). (a)(2)(C) of the Act and 19 CFR Subsidy rate (percent ad valorem) Producer/exporter 351.212(b), Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of 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)(1) and (a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. Because the rate calculated for BKT is 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, we will instruct CBP to 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, effective upon publication of these final results, shall remain in effect until further notice. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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. Subsidies Valuation Information VI. Analysis of Programs VII. Discussion of the Issues Comment 1: ATC’s Electricity Duty Exemption under the Gujarat Electricity Act, 1958 Comment 2: ATC’s Import and Local Duty, Value-Added Tax, and Central Sales Tax (CST) Exemptions Under the ExportOriented Units (EOU) and Special Economic Zones (SEZ) Programs Comment 3: ATC’s SEZ Income Tax Exemption Under Section 10AA of the Income Tax Act Comment 4: BKT’s Import Duty Exemptions Under the Export Promotion of Capital Goods Scheme Comment 5: BKT’s Import Duty Exemptions Under the Advance Authorization Scheme (AAS) Comment 6: ATC’s Import Duty Exemptions Under the AAS VIII. Recommendation Appendix II—Non-Examined Companies Under 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. E:\FR\FM\22OCN1.SGM 22OCN1 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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. Marine Fisheries Service, and should be submitted via email to ITP.harlacher@ noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments, including all attachments, must not exceed a 25megabyte file size. Attachments to comments will be accepted in Microsoft Word, Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https:// [FR Doc. 2024–24430 Filed 10–21–24; 8:45 am] www.fisheries.noaa.gov/permit/ BILLING CODE 3510–DS–P incidental-take-authorizations-undermarine-mammal-protection-act without change. All personal identifying DEPARTMENT OF COMMERCE information (e.g., name, address) voluntarily submitted by the commenter National Oceanic and Atmospheric may be publicly accessible. Do not Administration submit confidential business RTID 0648–XE362 information or otherwise sensitive or protected information. Takes of Marine Mammals Incidental to Electronic copies of the original Specified Activities; Taking Marine application, renewal request, and Mammals Incidental to the Skagway supporting documents (including NMFS Ore Terminal Redevelopment Project Federal Register notices of the original proposed and final authorizations, and AGENCY: National Marine Fisheries the previous IHA), as well as a list of the Service (NMFS), National Oceanic and references cited in this document, may Atmospheric Administration (NOAA), be obtained online at: https:// Commerce. ACTION: Notice; request for comments on www.fisheries.noaa.gov/permit/ proposed renewal incidental harassment incidental-take-authorizations-undermarine-mammal-protection-act. In case authorization. of problems accessing these documents, SUMMARY: NMFS received a request from please call the contact listed above. Municipality of Skagway (MOS) for the FOR FURTHER INFORMATION CONTACT: renewal of their currently active Jenna Harlacher, Office of Protected incidental harassment authorization Resources (OPR), NMFS, (301) 427– (IHA) to take marine mammals 8401. incidental to the terminal SUPPLEMENTARY INFORMATION: redevelopment project in Skagway, Background Alaska. MOS’s activities consist of activities that are covered by the current The MMPA prohibits the ‘‘take’’ of authorization but will not be completed marine mammals, with certain prior to its expiration. Pursuant to the exceptions. Sections 101(a)(5)(A) and Marine Mammal Protection Act (D) of the MMPA (16 U.S.C. 1361 et (MMPA), prior to issuing the currently seq.) direct the Secretary of Commerce active IHA, NMFS requested comments (as delegated to NMFS) to allow, upon on both the proposed IHA and the request, the incidental, but not potential for renewing the initial intentional, taking of small numbers of authorization if certain requirements marine mammals by U.S. citizens who were satisfied. The renewal engage in a specified activity (other than requirements have been satisfied, and commercial fishing) within a specified NMFS is now providing an additional geographical region if certain findings 15-day comment period to allow for any are made and either regulations are additional comments on the proposed promulgated or, if the taking is limited renewal not previously provided during to harassment, an incidental harassment the initial 30-day comment period. authorization is issued. DATES: Comments and information must Authorization for incidental takings be received no later than November 6, shall be granted if NMFS finds that the 2024. taking will have a negligible impact on the species or stock(s) and will not have ADDRESSES: Comments should be an unmitigable adverse impact on the addressed to Jolie Harrison, Chief, availability of the species or stock(s) for Permits and Conservation Division, taking for subsistence uses (where Office of Protected Resources, National VerDate Sep<11>2014 17:10 Oct 21, 2024 Jkt 265001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 84333 relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to here as ‘‘mitigation measures’’). NMFS must also prescribe requirements pertaining to monitoring and reporting of such takings. The definition of key terms such as ‘‘take,’’ ‘‘harassment,’’ and ‘‘negligible impact’’ can be found in the MMPA and the NMFS’s implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103). NMFS’ regulations implementing the MMPA at 50 CFR 216.107(e) indicate that IHAs may be renewed for additional periods of time not to exceed 1 year for each reauthorization. In the notice of proposed IHA for the initial IHA, NMFS described the circumstances under which we would consider issuing a renewal for this activity, and requested public comment on a potential renewal under those circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal of an IHA following notice to the public providing an additional 15 days for public comments when: (1) up to another year of identical, or nearly identical, activities as described in the Detailed Description of Specified Activities section of the initial IHA issuance notice is planned; or (2) the activities as described in the Description of the Specified Activities and Anticipated Impacts section of the initial IHA issuance notice would not be completed by the time the initial IHA expires and a renewal would allow for completion of the activities beyond that described in the DATES section of the notice of issuance of the initial IHA, provided all of the following conditions are met: 1. A request for renewal is received no later than 60 days prior to the needed renewal IHA effective date (recognizing that the renewal IHA expiration date cannot extend beyond 1 year from expiration of the initial IHA); 2. The request for renewal must include the following: • An explanation that the activities to be conducted under the requested renewal IHA are identical to the activities analyzed under the initial IHA, are a subset of the activities, or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84331-84333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24430]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-870]


Certain New Pneumatic Off-the-Road Tires From India: Final 
Results of Countervailing Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers/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.

DATES: Applicable October 22, 2024.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On April 5, 2024, Commerce published the preliminary results of 
this administrative review.\1\ On July 22, 2024, Commerce tolled 
certain deadlines in this administrative proceeding by seven days.\2\ 
On August 6, 2024, we extended the time limit for these final results 
to October 9, 2024.\3\ For a description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-The-Road Tires from India: 
Preliminary Results of Countervailing Duty Administrative Review; 
2022, 89 FR 23969 (April 5, 2024) (Preliminary Results).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated August 6, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the Countervailing Duty Administrative Review of 
Off-the-Road Tires from India; 2022,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order \5\
---------------------------------------------------------------------------

    \5\ See Certain New Pneumatic Off-the-Road Tires from India and 
Sri Lanka: Amended Final Affirmative Countervailing Duty 
Determination for India and Countervailing Duty Orders, 82 FR 12556 
(March 6, 2017) (Order).
---------------------------------------------------------------------------

    The products covered by the order are OTR 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 parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
attached to this notice at Appendix I. 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 comments received from interested parties and record 
information, we made certain changes from the Preliminary Results 
regarding the subsidy calculations for ATC Tires Private Limited (ATC) 
and Balkrishna Industries Ltd. (BKT). These changes are explained in 
the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each subsidy program found countervailable, Commerce finds that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\ For a description of the methodology underlying all of 
Commerce's conclusions, including any determination that relied upon 
the use

[[Page 84332]]

of adverse facts available pursuant to section 776(a) and (b) of the 
Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not directly address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
Generally, Commerce looks to section 705(c)(5) of the Act, which 
provides instructions for determining the all-others rate in an 
investigation, for guidance when calculating the rate for companies 
that were not selected for individual examination in an administrative 
review. 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} .'' Under section 705(c)(5)(A) of the Act, the all-others 
rate is normally ``an amount equal to the weighted average of the 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero or de minimis 
countervailable subsidy rates, and any rates determined entirely {on 
the basis of facts available{time} .''
    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.\7\ We determine that ATC received countervailable subsidies 
that are above de minimis and are not based entirely on facts 
available. Therefore, we 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.
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following net countervailable subsidy rates 
exist for the period January 1, 2022, through December 31, 2022:
---------------------------------------------------------------------------

    \8\ See Appendix II of this notice for a list of all companies 
subject to this review that were not selected for individual 
examination and to which Commerce has assigned the non-examined 
company rate.

------------------------------------------------------------------------
                                                            Subsidy rate
                     Producer/exporter                       (percent ad
                                                              valorem)
------------------------------------------------------------------------
ATC Tires Private Limited.................................          1.70
Balkrishna Industries Ltd.................................        * 0.34
Non-Selected Companies Under Review \8\...................          1.70
------------------------------------------------------------------------
* De minimis.

Disclosure

    Commerce intends to disclose the calculations and analysis 
performed for these final results of review 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 sections 751(a)(1) and (a)(2)(C) of the Act and 19 CFR 
351.212(b), Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries of subject merchandise 
in accordance with the final results of 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)(1) and (a)(2)(C) of the Act, 
Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown for the companies 
listed above on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review. Because the rate 
calculated for BKT is 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, we will 
instruct CBP to 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, effective upon publication of these final 
results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing the final results and publishing this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: 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. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: ATC's Electricity Duty Exemption under the Gujarat 
Electricity Act, 1958
    Comment 2: ATC's Import and Local Duty, Value-Added Tax, and 
Central Sales Tax (CST) Exemptions Under the Export-Oriented Units 
(EOU) and Special Economic Zones (SEZ) Programs
    Comment 3: ATC's SEZ Income Tax Exemption Under Section 10AA of 
the Income Tax Act
    Comment 4: BKT's Import Duty Exemptions Under the Export 
Promotion of Capital Goods Scheme
    Comment 5: BKT's Import Duty Exemptions Under the Advance 
Authorization Scheme (AAS)
    Comment 6: ATC's Import Duty Exemptions Under the AAS
VIII. Recommendation

Appendix II--Non-Examined Companies Under 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.

[[Page 84333]]

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. 2024-24430 Filed 10-21-24; 8:45 am]
BILLING CODE 3510-DS-P
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