[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20125-20127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-870]


Certain New Pneumatic Off-the-Road Tires From India: Preliminary 
Results of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to producers 
and/or exporters of certain new pneumatic off-the-road tires (OTR 
tires) from India, during the period of review (POR) January 1, 2021, 
through December 31, 2021. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable April 5, 2023.

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 May 9, 2022, Commerce initiated this administrative review of 
the countervailing duty order on OTR tires from India.\1\ The mandatory 
company respondents are ATC Tires Private Limited (ATC) and Balkrishna 
Industries Ltd. (BKT). On November 21, 2022, Commerce extended the time 
limit for these preliminary results to March 31, 2023.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 29280 (May 13, 2022).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Review,'' dated November 21, 2022.
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    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\3\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, Off-the-
Road Tires from India; 2021,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is OTR tires. OTR tires are 
tires with an off road tire size designation. The tires included in the 
scope may be either tube-type or tubeless, radial, or non-radial, 
regardless of whether for original equipment manufacturers or the 
replacement market. For a complete description of the scope of this 
order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs preliminarily found to be 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution from an authority that gives 
rise to a benefit to the recipient and that the subsidy is specific.\4\ 
For a full description of the methodology underlying Commerce's 
preliminary conclusions, see the Preliminary Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Examination

    The Act and Commerce's regulations do not directly address the 
subsidy rate to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation. Section 777A(e)(2) of the Act provides that ``the 
individual countervailable subsidy rates determined under

[[Page 20126]]

subparagraph (A) shall be used to determine the all-others rate under 
section 705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act 
states that for companies not investigated, in general, we will 
determine an all-others rate by weight averaging the countervailable 
subsidy rates established for each of the companies individually 
investigated, excluding zero and de minimis rates or any rates based 
solely on the facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\5\ We preliminarily determine that ATC and BKT received 
countervailable subsidies that are above de minimis and are not based 
entirely on facts available. Therefore, we preliminarily determine to 
apply the weighted average of the net subsidy rates calculated for ATC 
and BKT using publicly ranged sales data submitted by those respondents 
to the non-selected companies.\6\ The companies for which a review was 
requested, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent, are listed in 
Appendix II.
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    \5\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
memorandum.
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Preliminary Results of Review

    Commerce preliminarily determines the net countervailable subsidy 
rates exist for the period January 1, 2021, through December 31, 2021:
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    \7\ This rate applies to ATC and ATC Tires AP Private Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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ATC Tires Private Limited \7\...........................            1.57
Balkrishna Industries Ltd...............................            1.00
Companies Not Selected for Individual Review............            1.29
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Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily 
assigned a subsidy rate in the amount for the producer/exporter shown 
above. Upon completion of the administrative review, consistent with 
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Rates

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits in the amounts indicated for the 
producer/exporter listed above with regard to shipments of subject 
merchandise entered or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. For 
all non-reviewed firms, CBP will continue to collect cash deposits of 
estimated countervailable duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).

Public Comment

    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\8\ A timeline for 
the submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.
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    \8\ See 19 CFR 351.309(c) and (d).
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    Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to 
submit case or rebuttal briefs in this review are requested to submit 
for each argument: (1) a statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities. All briefs must be filed 
electronically using ACCESS. Note that Commerce has modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\9\
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    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must do so within 30 days after the date of publication of this 
notice by submitting a written request to the Assistant Secretary for 
Enforcement and Compliance.\10\ Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants and whether a participant is a foreign national; and (3) a 
list of the issues to be discussed. If a hearing request is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
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    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, which will include the 
results of Commerce's analysis of the issues raised in the case briefs, 
within 120 days after the date of the preliminary results, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring the Adequacy of Remuneration
VIII. Analysis of Programs
IX. Recommendation

Appendix II

List of Companies Not Selected for Individual Review

Apollo Tyres Ltd.
Asian Tire Factory Ltd.
Cavendish Industries Ltd.
CEAT Ltd.
Celite Tyre Corporation
Emerald Resilient Tyre Manufacturer
HRI Tires India
Innovative Tyres & Tubes Limited
JK Tyres and Industries Ltd.
K.R.M. Tyres

[[Page 20127]]

M/S. Caroline Furnishers Pvt Ltd.
MRF Limited
MRL Tyres Limited (Malhotra Rubbers Ltd.)
OTR Laminated Tyres (I) Pvt. Ltd.
Rubberman Enterprises Pvt. Ltd.
Sheetla Polymers
Speedways Rubber Company
Sun Tyres & Wheel Systems
Sundaram Industries Private Limited
Superking Manufacturers (Tyre) Pvt., Ltd.
TVS Srichakra Limited

[FR Doc. 2023-07086 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P