Certain New Pneumatic Off-the-Road Tires From India: Amended Final Results of Countervailing Duty Administrative Review; 2022, 9238-9239 [2025-02449]

Download as PDF 9238 Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Notices 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0040, 7210.49.0045, 7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7225.91.0000, 7225.92.0000, 7226.99.0110, and 7226.99.0130. The products subject to the investigations may also enter under the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.99.0090, 7226.99.0180, 7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Use of Facts Available and Adverse Inferences V. Subsidies Valuation Information VI. Interest Rate, Discount Rate, and Land Lease Benchmarks VII. Analysis of Programs VIII. Recommendation [FR Doc. 2025–02380 Filed 2–7–25; 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: Amended 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) is amending the final results of the administrative review of the countervailing duty (CVD) order on certain new pneumatic off-the-road tires (OTR tires) from India to correct ministerial errors. Based on the amended final results, we find that ATC Tires Private Limited (ATC) sold OTR tires in the United States at less than normal value during the period of review (POR), January 1, 2022, through December 31, 2022. DATES: Applicable February 10, 2025. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 17:38 Feb 07, 2025 Jkt 265001 Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION: Background On October 22, 2024, Commerce published in the Federal Register the final results of the 2022 administrative review of the AD order on OTR tires from India.1 On November 7, 2024, Commerce received allegations of ministerial errors from Titan Tire Corporation (Titan).2 We received no rebuttal comments. Commerce is amending the Final Results to correct the ministerial errors. Legal Framework Section 751(h) of the Tariff Act of 1930, as amended (the Act), defines a ‘‘ministerial error’’ as including ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other unintentional error which the administering authority considers ministerial.’’ 3 With respect to final results of administrative reviews, 19 CFR 351.224(e) provides that Commerce ‘‘will analyze any comments received and, if appropriate, correct any . . . ministerial error by amending the final results of review . . .’’ Ministerial Error Commerce reviewed the record, and we agree that the errors alleged by Titan constitute ministerial errors within the meaning of section 751(h) of the Act and 19 CFR 351.224(f).4 Specifically, we find that we made inadvertent errors in the calculation of total benefits received by ATC from Special Economic Zone programs and in the calculation of total benefits received by Balkrishna Industries Ltd. (BKT) from the Export Promotion Capital Goods Scheme. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results to reflect the correction of the ministerial errors, as described in the Ministerial Error Memorandum. Based on the corrections, ATC’s final dumping margin remains 1.70 percent, and BKT’s final dumping margin changed from 1 See Certain New Pneumatic Off-the-Road Tires from India: Final Results of Countervailing Duty Administrative Review; 2022, 89 FR 84331 (October 22, 2024) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Titan’s Letter, ‘‘Ministerial Error Comments,’’ dated November 7, 2024 (Titan’s Comments). 3 See 19 CFR 351.224(f). 4 See Memorandum, ‘‘Analysis of Ministerial Error Allegation,’’ dated concurrently with this notice (Ministerial Error Memorandum). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 0.34 percent to 0.39 percent. The amended estimated weighted-average dumping margins are listed in the ‘‘Amended Final Results of Review,’’ section below. For a complete discussion of the ministerial error allegation, as well as Commerce’s analysis, see the Ministerial Error Memorandum. The Ministerial Error Memorandum 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. Amended Final Results of Review As a result of correcting the ministerial errors described above, Commerce determines that the following estimated weighted-average dumping margins exist for the period January 1, 2022, through December 31, 2022: Exporter ATC Tires Private Limited ......... Balkrishna Industries Ltd ........... Non-Selected Companies Under Review 5 ................................. Weighted-average dumping margin (percent) 1.70 * 0.39 1.70 * De minimis. Disclosure Commerce intends to disclose the calculations performed in connection with these amended final results of review to interested parties within five days after public announcement of the amended final results or, if there is no public announcement, within five days of the date of publication of the notice of amended final results 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 U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review. On January 16, 2025, the U.S. Court of International Trade issued a statutory injunction (SI) enjoining liquidation of entries subject to this review. This SI was issued in connection with Titan Tire Corporation vs. United States, Court No. 24–00207–MAB. Commerce will not issue assessment instructions until a final resolution of the litigation and the dissolution of the SI. 5 See E:\FR\FM\10FEN1.SGM Appendix. 10FEN1 Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Notices 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 (APO) This notice serves as the final reminder to parties subject to an 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 Interested Parties We are issuing and publishing these amended final results of review in accordance with sections 751(h) and 777(i) of the Act, and 19 CFR 351.224(e). Dated: February 5, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix—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. VerDate Sep<11>2014 17:38 Feb 07, 2025 Jkt 265001 10. HRI Tires India. 11. Innovative Tyres & Tubes Limited. 12. JK Tyre & Industries Ltd. 13. John Deere India Pvt. Ltd. 14. K.R.M. Tyres. 15. Mahansaria Tyres Private Limited. 16. MRF Limited. 17. MRL Tyres Limited (Malhotra Rubbers Ltd.). 18. Neosym Industry Limited. 19. OTR Laminated Tyres (I) Pvt. Ltd. 20. Royal Tyres Private Limited. 21. Rubberman Enterprises Pvt. Ltd. 22. Speedways Rubber Company. 23. Sun Tyre And Wheel Systems. 24. Sundaram Industries Private Limited. 25. Superking Manufacturers (Tyre) Pvt., Ltd. 26. TVS Srichakra Limited. 27. Ultra Mile. [FR Doc. 2025–02449 Filed 2–7–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE649] Mid-Atlantic Fishery Management Council (MAFMC) Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. 9239 Ecosystem and Ocean Planning Committee and Advisory Panel to provide recommendations regarding the Council’s Essential Fish Habitat (EFH) Review and the draft EFH Review Reports that have been prepared. The Committee and Advisory Panel will receive an overview of the NMFS EFH Review requirements (i.e., 9 components of an EFH Review) and how those have been addressed in a draft EFH Review Summary Report. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shelley Spedden at the Council Office, (302) 526–5251, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: February 5, 2025. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2025–02414 Filed 2–7–25; 8:45 am] BILLING CODE 3510–22–P AGENCY: The Mid-Atlantic Fishery Management Council’s Ecosystem and Ocean Planning Committee and Advisory Panel will hold a joint public meeting. DATES: The meeting will be held on Tuesday, March 4, 2025, from 8:30 a.m. to 4:30 p.m. For agenda details, see SUPPLEMENTARY INFORMATION. ADDRESSES: This meeting will be an inperson meeting with a virtual option. Committee and Advisory Panel members, other meeting participants, and members of the public will have the option to participate in person at the Hilton BWI Airport, 1739 W Nursery Road, Linthicum Heights, MD 21092, or virtually via webinar. Webinar connection details and additional information will be available at www.mafmc.org/council-events. Council addresses: Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331 or on their website at www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The purpose of this joint meeting is for the SUMMARY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE660] North Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of web conference. AGENCY: The North Pacific Fishery Management Council (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet on February 24, 2025. DATES: The meeting will be held on Monday, February 24, 2025, from 9 a.m. to 11 a.m., Alaska time. ADDRESSES: The meeting will be a web conference. Join online through the link at https://meetings.npfmc.org/Meeting/ Details/3078. Council address: North Pacific Fishery Management Council, 1007 W 3rd Ave., Suite 400, Anchorage, AK 99501–2252; telephone: (907) 271–2809. Instructions for attending the meeting via video conference are given under SUPPLEMENTARY INFORMATION, below. FOR FURTHER INFORMATION CONTACT: Sarah Marrinan, Council staff; phone; (907) 271–2809; email: sarah.marrinan@ noaa.gov. For technical support, please SUMMARY: E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Notices]
[Pages 9238-9239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02449]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-870]


Certain New Pneumatic Off-the-Road Tires From India: Amended 
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) is amending the 
final results of the administrative review of the countervailing duty 
(CVD) order on certain new pneumatic off-the-road tires (OTR tires) 
from India to correct ministerial errors. Based on the amended final 
results, we find that ATC Tires Private Limited (ATC) sold OTR tires in 
the United States at less than normal value during the period of review 
(POR), January 1, 2022, through December 31, 2022.

DATES: Applicable February 10, 2025.

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 October 22, 2024, Commerce published in the Federal Register the 
final results of the 2022 administrative review of the AD order on OTR 
tires from India.\1\ On November 7, 2024, Commerce received allegations 
of ministerial errors from Titan Tire Corporation (Titan).\2\ We 
received no rebuttal comments. Commerce is amending the Final Results 
to correct the ministerial errors.
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Final Results of Countervailing Duty Administrative Review; 2022, 89 
FR 84331 (October 22, 2024) (Final Results), and accompanying Issues 
and Decision Memorandum (IDM).
    \2\ See Titan's Letter, ``Ministerial Error Comments,'' dated 
November 7, 2024 (Titan's Comments).
---------------------------------------------------------------------------

Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' \3\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any . . . ministerial 
error by amending the final results of review . . .''
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------

Ministerial Error

    Commerce reviewed the record, and we agree that the errors alleged 
by Titan constitute ministerial errors within the meaning of section 
751(h) of the Act and 19 CFR 351.224(f).\4\ Specifically, we find that 
we made inadvertent errors in the calculation of total benefits 
received by ATC from Special Economic Zone programs and in the 
calculation of total benefits received by Balkrishna Industries Ltd. 
(BKT) from the Export Promotion Capital Goods Scheme. Pursuant to 19 
CFR 351.224(e), Commerce is amending the Final Results to reflect the 
correction of the ministerial errors, as described in the Ministerial 
Error Memorandum. Based on the corrections, ATC's final dumping margin 
remains 1.70 percent, and BKT's final dumping margin changed from 0.34 
percent to 0.39 percent. The amended estimated weighted-average dumping 
margins are listed in the ``Amended Final Results of Review,'' section 
below.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Analysis of Ministerial Error 
Allegation,'' dated concurrently with this notice (Ministerial Error 
Memorandum).
---------------------------------------------------------------------------

    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the Ministerial Error Memorandum. The 
Ministerial Error Memorandum 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.

Amended Final Results of Review

    As a result of correcting the ministerial errors described above, 
Commerce determines that the following estimated weighted-average 
dumping margins exist for the period January 1, 2022, through December 
31, 2022:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
ATC Tires Private Limited............................               1.70
Balkrishna Industries Ltd............................             * 0.39
Non-Selected Companies Under Review \5\..............               1.70
------------------------------------------------------------------------
* De minimis.

Disclosure
---------------------------------------------------------------------------

    \5\ See Appendix.
---------------------------------------------------------------------------

    Commerce intends to disclose the calculations performed in 
connection with these amended final results of review to interested 
parties within five days after public announcement of the amended final 
results or, if there is no public announcement, within five days of the 
date of publication of the notice of amended final results 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 U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    On January 16, 2025, the U.S. Court of International Trade issued a 
statutory injunction (SI) enjoining liquidation of entries subject to 
this review. This SI was issued in connection with Titan Tire 
Corporation vs. United States, Court No. 24-00207-MAB. Commerce will 
not issue assessment instructions until a final resolution of the 
litigation and the dissolution of the SI.

[[Page 9239]]

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 (APO)

    This notice serves as the final reminder to parties subject to an 
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 Interested Parties

    We are issuing and publishing these amended final results of review 
in accordance with sections 751(h) and 777(i) of the Act, and 19 CFR 
351.224(e).

    Dated: February 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix--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.
 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. 2025-02449 Filed 2-7-25; 8:45 am]
BILLING CODE 3510-DS-P

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