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Certain New Pneumatic Off-the-Road Tires From India: Final Results of Expedited First Sunset Review of the Countervailing Duty Order

Publication: Federal Register
Agency: International Trade Administration
Byline: Lisa W. Wang
Date: 25 May 2022
Subject: American Government , Tires 
[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31860-31861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11212]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-870]


Certain New Pneumatic Off-the-Road Tires From India: Final 
Results of Expedited First Sunset Review of the Countervailing Duty 
Order

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

SUMMARY: As a result of this expedited sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
countervailing duty (CVD) order on certain pneumatic off-the-road tires 
(off-road tires) from India would be likely to lead to continuation or 
recurrence of countervailable subsidies at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable May 25, 2022.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On March 6, 2017, Commerce published the CVD order on off-road 
tires from India.\1\ On February 1, 2022, Commerce published the notice 
of initiation of the first sunset review of the Order, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ 
Commerce received a timely notice of intent to participate from Titan 
Tire Corporation (Titan Tire), a domestic interested party, within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Titan Tire claimed 
interested party status under section 771(9)(C) of the Act, as a 
manufacturer of the domestic like product in the United States.
---------------------------------------------------------------------------

    \1\ 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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467 
(February 1, 2022).
    \3\ See Titan Tire's Letter, ``Certain New Pneumatic Off-the-
Road Tires from India: Notice of Intent to Participate in Sunset 
Review,'' dated February 16, 2022.
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    Commerce received a substantive response from the domestic 
interested party \4\ within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). Commerce also received a substantive response from 
the Government of India (GOI).\5\ We received no substantive response 
from any other domestic or interested parties in this proceeding, nor 
was a hearing requested.
---------------------------------------------------------------------------

    \4\ See Titan Tire's Letter, ``Certain New Pneumatic Off-the-
Road Tires from India: Substantive Response to Notice of 
Initiation,'' dated March 3, 2022.
    \5\ See GOI's Letter, ``Institution of First Five-Year 
(``Sunset'') Review of Countervailing Duty Order on New Pneumatic 
Off-The-Road Tires from India: Government of India's Substantive 
Response to the Institution of Initiation and Intent to Participate 
in the Investigation,'' dated March 3, 2022.
---------------------------------------------------------------------------

    On March 22, 2022, Commerce notified the U.S. International Trade 
Commission (ITC) that it did not receive an adequate substantive 
response from respondent interested parties.\6\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted an expedited (120-day) sunset review of this Order.
---------------------------------------------------------------------------

    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on 
February 1, 2022--Amended Notification,'' dated March 22, 2022.
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Scope of the Order

    The products covered by the scope of the Order are off-road tires. 
Certain off-road 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. Certain off-road 
tires, whether or not mounted on wheels or rims, are included in the 
scope. However, if a subject tire is imported mounted on a wheel or 
rim, only the tire is covered by the scope. 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, 4011.61.0000, 4011.62.0000, 4011.63.0000, 4011.69.0050, 
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, 4011.94.8000, 
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: 4011.99.4550, 4011.99.8550, 8424.90.9080, 8431.20.0000, 
8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0005, 8432.90.0015, 
8432.90.0030, 8432.90.0080, 8433.90.5010, 8503.00.9520, 8503.00.9560, 
8708.70.0500, 8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5055, 
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. A full description of the scope of 
the Order is contained in the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Countervailing 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).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via the 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.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on off-road tires from India would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Producer/exporter                       subsidy rate
                                                            (percent)
------------------------------------------------------------------------
Balkrishna Industries Limited..........................             5.36
ATC Tires Private Limited..............................             4.72
All Others.............................................             4.94
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an

[[Page 31861]]

APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: May 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2022-11212 Filed 5-24-22; 8:45 am]
BILLING CODE 3510-DS-P




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