[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70640-70643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22452]


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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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds 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, 2021, through February 28, 2022.

DATES: Applicable October 12, 2023.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Caroline 
Carroll, 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 
or (202) 482-4948, respectively.

SUPPLEMENTARY INFORMATION: 

[[Page 70641]]

Background

    On April 6, 2023, Commerce published the Preliminary Results.\1\ On 
June 26, 2023, Commerce extended the time period for issuing the final 
results of this review until October 3, 2023.\2\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\3\ Commerce conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 20471 (April 6, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated June 26, 
2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 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).
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Scope of the Order 4
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    \4\ See Certain Now Pneumatic Off-the-Road Tires from India: 
Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order).
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    The merchandise subject to the Order is certain new pneumatic off-
the-road tires, which are tires with an off road tires size 
designation.\5\ The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.70.0010, 
4011.62.0000, 4011.80.1010, 4011.80.1020, 4011.90.1050, 4011.70.0050, 
4011.80.2010, 4011.80.8010, 4011.80.2020, 4011.80.8020, 8431.49.9038, 
8431.49.9090, 8709.90.0020, and 8716.90.1020. Tires meeting the scope 
description may also enter under the following HTSUS subheadings: 
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 8431.39.0010, 
8431.49.1090, 8431.49.9030, 8432.90.0020, 8432.90.0040, 8432.90.0050, 
8432.90.0060, 8432.90.0081, 8433.90.5010, 8503.00.9560, 8708.70.0500, 
8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5056 and 
8716.90.5059. While HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the subject merchandise is 
dispositive.
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    \5\ For a complete description of the scope of the Order, see 
Preliminary Results PDM.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised, and to which we responded in the Issues and Decision 
Memorandum, is attached to this notice in 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 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\
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    \6\ For a full description of changes, see Issues and Decision 
Memorandum.
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Rates for Companies Not Selected for Individual Examination

    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{time} .''
    In this review, we calculated weighted-average dumping margins of 
2.29 percent and 8.57 percent for ATC and ATF, respectively. With two 
respondents under individual examination, Commerce normally calculates: 
(A) a weighted-average of the estimated dumping rates calculated for 
the examined respondents; (B) a simple average of the estimated dumping 
rates calculated for the examined respondents; and (C) a weighted-
average of the estimated dumping rates calculated for the examined 
respondents using each company's publicly-ranged U.S. sale values 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.\7\
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    \7\ 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).
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    Consistent with our practice, we have determined that 2.56 percent, 
which is the weighted average of ATC and ATF's margins based on 
publicly ranged data, will be assigned to the non-examined companies 
under section 735(c)(5)(A) of the Act.\8\ These companies are listed in 
Appendix II.
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    \8\ See Memorandum, ``Calculation of the Cash Deposit Rate for 
Non-Selected Companies,'' dated concurrently with this notice.
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Final Results of Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margins for the period March 1, 2021, through 
February 28, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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ATC Tires Pvt. Ltd..........................................        2.29
Asian Tire Factory Ltd......................................        8.57
Companies Not Selected for Individual Review \9\............        2.56
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Disclosure
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    \9\ The exporters or producers not selected for individual 
review are listed in Appendix II.
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    Commerce intends to disclose the calculations performed for ATC and 
ATF in connection with these final results to interested parties within 
five days of the date of publication of this notice, 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

[[Page 70642]]

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.
    For the companies not selected for individual review, we used an 
assessment rate based on the weighted average of the cash deposit rates 
calculated for ATC and ATF. 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.\10\
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    \10\ See section 751(a)(2)(C) of the Act.
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    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.
    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.\11\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \11\ 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).
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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 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 duties occurred and the subsequent 
assessment of double antidumping duties.

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 Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: October 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Reconsider its Differential 
Pricing Analysis
    Comment 2: Whether Commerce Should Make an Export Subsidy 
Adjustment for ATC
    Comment 3: Whether to Deduct Countervailing Duties in the Net 
U.S. Price Calculation for ATC
    Comment 4: Whether to Grant a Constructed Export Price (CEP) 
Offset for ATC
    Comment 5: Whether Commerce Should Deduct Certain Duties ATC 
Reported from its Home Market Gross Unit Price
    Comment 6: Assigning YOHTA as Importer for ATC
    Comment 7: Miscellaneous Verification Issues for ATC
    Comment 8: Treatment of ATF's Billing Adjustments as Freight 
Revenue
    Comment 9: Inclusion of Certain Expenses in ATF's U.S. Duties
    Comment 10: Whether Upward Adjustments to ATF's U.S Gross Unit 
Price for Duty Drawback or Certain Other Programs are Warranted
    Comment 11: Exclusion of Balkrishna Industries Ltd.'s (BKT's) 
Sales
    Comment 12: ATC's General and Administrative (G&A) Expenses
    Comment 13: ATC's Purchases of Electricity from Affiliated 
Parties
    Comment 14: Whether ATC's Duties Paid on Raw Materials Should be 
Treated as Direct Selling Expenses
    Comment 15: Interest Expense Adjustment for ATF
V. Recommendation

Appendix II--List of Companies Not Selected for Individual Examination 
Receiving the Review-Specific Rate

1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\12\
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    \12\ Subject merchandise produced and exported by Balkrishna 
Industries Ltd. (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. Cavendish Industries Ltd.
4. CEAT Ltd.
5. Celite Tyre Corporation \13\
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    \13\ The name of this company was incorrectly listed as Celle 
Tyre Corporation in the Preliminary Results. See Preliminary 
Results, 88 FR at 20473.
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6. Emerald Resilient Tyre Manufacturer
7. Forech India Private Limited
8. HRI Tires India
9. Innovative Tyres & Tubes Limited

[[Page 70643]]

10. JK Tyres and Industries Ltd.
11. K.R.M. Tyres
12. M/S. Caroline Furnishers Pvt Ltd.
13. Mahansaria Tyres Private Limited
14. MRF Limited
15. MRL Tyres Limited (Malhotra Rubbers Ltd.)
16. OTR Laminated Tyres (I) Pvt. Ltd.
17. Rubberman Enterprises Pvt. Ltd.
18. Speedways Rubber Company
19. Sun Tyres & Wheel Systems
20. Sundaram Industries Private Limited
21. Superking Manufacturers (Tyre) Pvt., Ltd.
22. TVS Srichakra Limited

[FR Doc. 2023-22452 Filed 10-11-23; 8:45 am]
BILLING CODE 3510-DS-P