Certain New Pneumatic Off-the-Road Tires From India: Notice of Correction to Antidumping Duty Order |
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Ronald K. Lorentzen
Department of Commerce
2 June 2017
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25598-25599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11424]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Notice of
Correction to Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202)
482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2017, the Department of Commerce (Department) published
the Antidumping Duty Order on certain new pneumatic off-the-road tires
from India.\1\ In the Antidumping Duty Order, the Department
inadvertently omitted a statement to explain that Balkrishna Industries
Limited (BKT) is partially excluded from the Antidumping Duty Order.
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\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Antidumping
Duty Order).
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Correction
Because the Department calculated a weighted-average antidumping
duty margin of zero percent for BKT in the Final Determination,\2\
which was unchanged in the Amended Final Determination,\3\ BKT is
partially excluded from the Antidumping Duty Order. Therefore, we are
correcting the Antidumping Duty Order to specify that merchandise
produced and exported by BKT is excluded from the Order. This exclusion
does not apply to merchandise produced by BKT and exported by any other
company or merchandise produced by any other company and exported by
BKT. Resellers of merchandise produced by BKT, are also not entitled to
this exclusion. The sections explaining the suspension of liquidation
and listing the weighted-average antidumping duty margins and cash
deposit rates should have appeared as follows:
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\2\ See Certain New Pneumatic Off-the-Road Tires From India:
Final Negative Determination of Sales at Less Than Fair Value and
Final Determination of Critical Circumstances, 82 FR 4848, 4849
(January 17, 2017) (``Final Determination'').
\3\ 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 9056,
9058 (February 2, 2017) (Amended Final Determination).
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Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the
Tariff Act of 1930, as amended (the Act), the International Trade
Commission (ITC) notified the Department of its final determination
that the industry in the United States producing off road tires is
materially injured by reason of the less-than-fair value imports of off
road tires from India.\4\ Therefore, in accordance with section
735(c)(2) of the Act, we are publishing this antidumping duty order.
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\4\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding off the road tires from the India and Sri Lanka (February
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from
India and Sri Lanka, Investigation Nos. 701-TA-552-553 and 731-TA-
1308 (Final), USITC Publication 4669 (February 2017).
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (CBP) to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of off-road
tires from India, which specifically excludes merchandise exported and
produced by BKT. Antidumping duties will be assessed on unliquidated
entries of off road tires from India entered, or withdrawn from
warehouse, for consumption on or after February 2, 2017, the date of
publication of the Amended Final Determination.\5\
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\5\ See Amended Final Determination, 82 FR at 9056.
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Continuation of Suspension of Liquidation, in Part
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend liquidation on all relevant
entries of off road tires from India. These instructions suspending
liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
estimated weighted-average dumping margins indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determinations, CBP will require, at the same time
as importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the estimated weighted-average
antidumping duty margins listed below.\6\ The all-others rate applies
to all producers or exporters not specifically listed. For the purposes
of determining cash deposit rates, the estimated weighted-average
dumping margins for imports of subject merchandise from India have been
adjusted for export subsidies found in the amended final determination
of the companion countervailing duty investigation of this merchandise
(i.e., 4.72 percent).\7\
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\6\ See Section 736(a)(3) of the Act.
\7\ 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).
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Because the estimated weighted-average dumping margin for BKT's
producer and exporter combination is zero, the Department is directing
U.S. Customs and Border Protection not to suspend liquidation of
entries of subject merchandise where BKT acted as both the producer and
exporter. Entries of subject merchandise exported to the United States
by any other producer and exporter combination are not entitled to this
exclusion from suspension of liquidation and are subject to the cash
deposit rate for the all-others entity.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average antidumping duty margin percentages
are as follows:
[[Page 25599]]
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Cash deposit
Weighted- rate adjusted
Exporter/producer average for subsidy
dumping margin offset
(percent) (percent)
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ATC Tires Private Ltd............................................. 3.67 0.00
All-Others........................................................ 3.67 0.00
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This correction to the Antidumping Duty Order is issued and
published in accordance with section 736(a) of the Act.
Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11424 Filed 6-1-17; 8:45 am]
BILLING CODE 3510-DS-P