|
|---|
|
Certain New Pneumatic Off-the-Road Tires From India: Final Results of Countervailing Duty Administrative Review; 2021 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 3 October 2023 Subjects: American Government  , Tires
|
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68101-68102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21837]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-870]
Certain New Pneumatic Off-the-Road Tires From India: Final
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) determines that
countervailable subsidies are being provided to producers and exporters
of certain new pneumatic off-the-road tires (OTR Tires) from India. The
period of review (POR) January 1, 2021, through December 31, 2021.
DATES: Applicable October 3, 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 April 5, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ These final results cover 23
companies for which an administrative review was initiated.\2\ We
selected two companies for individual examination: ATC Tires Private
Limited (ATC) and Balkrishna Industries Ltd. (BKT). For a description
of the events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act).
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Preliminary Results of Countervailing Duty Administrative Review;
2021, 88 FR 20125 (April 5, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Certain New
Pneumatic Off-the-Road Tires from India; 2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are OTR Tires from India. For a
complete description of the scope, see the Issues and Decision
Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. A list of these issues is attached
in Appendix I to this notice. The Issues and Decision Memorandum is a
public document and is available electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Services System (ACCESS). ACCESS is available to registered users at
http://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 our analysis of the comments received from interested
parties, a review of the record, and for the reasons explained in the
Issues and Decision Memorandum, we made certain revisions to the
subsidy calculations for ATC and BKT, as detailed in the Issues and
Decision Memorandum.\5\ As a result of the changes to ATC's and BKT's
rates, the final rate for the 21 non-selected companies under review
also changed.
---------------------------------------------------------------------------
\5\ Id. at 4.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Act. For each of the subsidy programs
found countervailable, we find 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.\6\ The Issues and
[[Page 68102]]
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
Generally, Commerce looks to section 705(c)(5) of the Act for
guidance for calculating the rate for companies that were not selected
for individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally determined 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.
In this review, in accordance with 19 CFR 351.221(b)(5), we
calculated a subsidy rate of 2.20 percent for ATC and a subsidy rate of
0.33 percent for BKT. 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.\7\ 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 2.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following total net countervailable subsidy
rates exist for the period January 1, 2021, through December 31, 2021:
---------------------------------------------------------------------------
\8\ This rate applies to ATC, ATC Tires AP Private Ltd., and
Yokohama India Private Limited.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
ATC Tires Private Limited \8\........................... 2.20
Balkrishna Industries Ltd............................... 0.33
Companies Not Selected for Individual Examination....... 1.58
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, 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)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review, for the above-listed companies at the applicable ad
valorem assessment rates listed. 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
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above on shipments of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposits, effective upon the publication of the final results of this
review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction or return 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 the destruction or
return of APO materials or conversion to judicial protective order is
hereby requested. Failure to comply with the regulations and terms of
an APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 27, 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. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
Comment 1: Verification
Comment 2: Merchandise Export Incentive Scheme (MEIS) Benefits
Comment 3: Tax and Duty Exemptions Under the Export Oriented
Unit (EOU) and Special Export Zone (SEZ) Programs
Comment 4: SEZ Income Tax Exemption, Section 10AA of the Income
Tax Act
Comment 5: Export Credit Insurance
Comment 6: Gujarat Electricity Duty Exemption
Comment 7: Advanced Authorization Scheme
Comment 8: Maharashtra Package Scheme of Incentives (MPSI),
2013--Sales Tax Deferral Scheme
Comment 9: MPSI, 2013--Industrial Promotion Subsidy
Comment 10: Completeness of Commerce's Preliminary
Determinations and Its Reliance on Past Decisions
Comment 11: Commerce Must Remove All Cenvatable Duties from the
Benefit Calculation for the Export Promotion of Capital Goods Scheme
(EPCGS)
VII. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
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
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. 2023-21837 Filed 10-2-23; 8:45 am]
BILLING CODE 3510-DS-P