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Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results and Partial Recission of Antidumping Duty Administrative Review; 2022-2023 Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 5 April 2024 Subjects: American Government  , Tires
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[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.
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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