[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23973-23975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07282]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Preliminary 
Results and Partial Recission 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) preliminarily 
determines that certain producers/exporters subject to this 
administrative review made sales of subject merchandise at less than 
normal value (NV) during the period of review (POR) March 1, 2022, 
through February 28, 2023. We are also rescinding this administrative 
review, in part, with respect to 10 companies because these companies 
had no reviewable entries of subject merchandise during the POR. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable April 5, 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 March 6, 2017, Commerce published in the Federal Register an 
antidumping duty order on off-the-road tires from India.\1\ On May 9, 
2023, based on timely requests for review, we initiated an 
administrative review of the Order covering 24 companies.\2\ On 
November 4, 2023, we extended the time limit for these preliminary 
results to March 29, 2024.\3\ For a complete description of the events 
that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\4\
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    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order); see 
also Certain New Pneumatic Off-the-Road Tires from India: Notice of 
Correction to Antidumping Duty Order, 82 FR 25598 (June 2, 2017) 
(Order Correction).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 29881 (May 9, 2023).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated November 8, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain New Pneumatic Off-the-Road Tires from India; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the 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 Preliminary Decision Memorandum.

Partial Recission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
concludes that there were no suspended entries of subject merchandise 
during the POR.\5\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the antidumping duty 
assessment rate for the review period.\6\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct U.S. Customs and Border 
Protection (CBP) to liquidate at the calculated antidumping duty 
assessment rate for the review period.\7\ On December 22, 2023, we 
notified parties of our intent to rescind the instant review regarding 
the companies listed in Appendix III because there were no reviewable, 
suspended entries of subject merchandise from these companies during 
the POR and invited interested parties to comment.\8\ No parties 
commented on our intent to rescind the review, in part. In the absence 
of any suspended entries of subject merchandise from these companies 
during the POR, we are rescinding this administrative review for the 
companies listed in Appendix III, in accordance with 19 CFR 
351.213(d)(3).
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    \5\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
    \6\ See 19 CFR 351.212(b)(1).
    \7\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1337 (CIT 2019), at 12 (referring to section 
751(a) of the Act, the CIT held: ``While the statute does not 
explicitly require that an entry be suspended as a prerequisite for 
establishing entitlement to a review, it does explicitly state the 
determined rate will be used as the liquidation rate for the 
reviewed entries. This result can only obtain if the liquidation of 
entries has been suspended''; see also Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: Final Results of Antidumping 
Duty Administrative Review and Final Determination of No Shipments; 
2018-2019, 86 FR 36102, and accompanying Issues and Decision 
Memorandum at Comment 4; and Solid Fertilizer Grade Ammonium Nitrate 
from the Russian Federation: Notice of Rescission of Antidumping 
Duty Administrative Review, 77 FR 65532 (October 29, 2012) (noting 
that ``for an administrative review to be conducted, there must be a 
reviewable, suspended entry to be liquidated at the newly calculated 
assessment rate'').
    \8\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated December 22, 2023.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
export price and constructed export price in accordance with section 
772 of the Act. We calculated NV in accordance with section 773 of the 
Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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

[[Page 23974]]

complete version of the Preliminary Decision Memorandum can be accessed 
directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Companies

    The statute 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 a market economy investigation, for guidance when 
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.
    We preliminarily calculated dumping margins for the two mandatory 
respondents, ATC Tires Private Limited and ATC Tires AP Private Ltd. 
(collectively, ATC) and Asian Tire Factory Ltd. and Lyallpur Rubber 
Mills (collectively, ATF), of 2.68 percent and 3.18 percent, 
respectively, and we have assigned to the non-selected companies a rate 
of 2.71 percent, which is the weighted average of ATC's and ATF's 
dumping margins, weighted by their publicly ranged U.S. sales 
values.\9\
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    \9\ 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 
Review-Specific Average Rate,'' dated concurrently with, and hereby 
adopted by, this notice.
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margins exist for the 
period March 1, 2022, through February 28, 2023:
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    \10\ The exporters or producers not selected for individual 
review are listed in Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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ATC Tires Private Limited; ATC Tires AP Private Limited.....        2.68
Asian Tire Factory Ltd.; Lyallpur Rubber Mills..............        3.18
Companies Not Selected for Individual Review \10\...........        2.71
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Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
the date of publication of this notice in the Federal Register.\11\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\12\ Interested parties who submit case briefs or rebuttal 
briefs in this administrative review must submit: (1) a table of 
contents listing each issue; and (2) a table of authorities.\13\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(d)(1); see also Administrative 
Protective Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide, at the beginning of their briefs, a public 
executive summary for each issue raised in their briefs.\14\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue.
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS within 30 days after the date of publication of this notice. 
Requests should contain: (1) the party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. Oral presentations at the hearing will 
be limited to issues raised in the briefs. If a request for a hearing 
is made, parties will be notified of the time and date for the 
hearing.\15\
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    \15\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed via ACCESS.\16\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\17\
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    \16\ See 19 CFR 351.303.
    \17\ See APO and Service Final Rule.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, no later than 120 
days after the date of publication of this notice in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

Assessment Rates

    Upon completion of this administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, and CBP shall 
assess, antidumping duties on all appropriate entries covered by 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

[[Page 23975]]

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 entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which they did not 
know that the merchandise was destined for the United States, we will 
instruct CBP to liquidate these entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\18\
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    \18\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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 Non-
Examined Companies'' section, above.
    For the companies listed in Appendix III for which we are 
rescinding this review, we will instruct CBP to assess antidumping 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, in accordance with 19 CFR 351.212(c)(l)(i). 
Commerce intends to issue these rescission instructions to CBP no 
earlier than 35 days after the date of publication of this notice in 
the Federal Register.
    Commerce intends to issue assessment instructions to CBP regarding 
ATC, ATF, and the companies listed in Appendix II 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).
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review and for future deposits of estimated duties, where 
applicable.\19\
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    \19\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following 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 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.05 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 covered by this review, 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, 
a prior review, or the less-than-fair-value (LTFV) investigation, but 
the producer is, then the cash deposit rate will be the rate 
established for the most recently-completed segment of this proceeding 
for the producer of the merchandise; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 3.67 percent, the 
all-others rate established in the LTFV investigation.\20\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \20\ See Order, 82 FR at 12553, 12554.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during this POR. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping and/or countervailing and the subsequent 
assessment of doubled antidumping duties, and/or an increase in the 
amount of antidumping by the amount of countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: March 29, 2024.
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. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II--Companies Not Selected for Individual Review

1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\21\
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    \21\ Subject merchandise produced and exported by Balkrishna 
Industries Ltd. (BKT) was excluded from the Order. See Order 
Correction, 82 FR at 25598. 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

Appendix III--Companies With No Reviewable Entries

1. Aakriti Manufacturing Pvt. Ltd.
2. Cavendish Industries Ltd.
3. Celite Tyre Corporation
4. John Deere India Pvt. Ltd.
5. OTR Laminated Tyres (I) Pvt. Ltd.
6. Royal Tyres Private Limited
7. Sun Tyre And Wheel Systems
8. Sundaram Industries Private Limited
9. Tyre Experts LLP
10. Ultra Mile

[FR Doc. 2024-07282 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-DS-P