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Certain New Pneumatic Off-The-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2022 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 23969-23971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07281]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-870]
Certain New Pneumatic Off-The-Road Tires From India: Preliminary
Results of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and/or exporters of certain new pneumatic off-the-road tires (OTR
tires) from India, during the period of review (POR) January 1, 2022,
through December 31, 2022. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Austin Davison or 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) 482-2811 and (202) 482-3148,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2023, Commerce published the initiation of this
administrative review of the countervailing duty order on OTR tires
from India.\1\ The mandatory company respondents are ATC Tires Private
Limited (ATC) and Balkrishna Industries Ltd. On November 9, 2023,
Commerce extended the time limit for these preliminary results to March
29, 2024.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29885 (May 9, 2023).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Review,'' dated November 9, 2023.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\3\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade/gov/public/FRNoticesListLayout.aspx.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Off-the-Road Tires from India; 2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the order is OTR tires. OTR 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. For a complete description of the scope of this
order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs preliminarily found to be
countervailable, Commerce preliminarily determines 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
[[Page 23970]]
subsidy is specific.\4\ For a full description of the methodology
underlying Commerce's preliminary conclusions, see the Preliminary
Decision Memorandum.
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\4\ 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.
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Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate 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.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\5\ We preliminarily determine that ATC received
countervailable subsidies that are above de minimis and are not based
entirely on facts available. Therefore, we preliminarily determine to
apply the net subsidy rates calculated for ATC. The companies for which
a review was requested, which were not selected as mandatory
respondents or found to be cross-owned with a mandatory respondent, are
listed in Appendix II.
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\5\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
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Preliminary Results of Review
Commerce preliminarily determines the net countervailable subsidy
rates exist for the period January 1, 2022, through December 31, 2022:
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\6\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds ATC Tires AP Private Ltd to be cross-
owned with ATC.
\7\ See Appendix II for the list of these companies.
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Subsidy
rate
Company (percent ad
valorem)
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ATC Tires Private Limited \6\.............................. 1.83
Balkrishna Industries Ltd.................................. * 0.43
Companies Not Selected for Individual Review \7\........... 1.83
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* de minimis.
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Commerce will
notify interested parties of the deadline for submission of case
briefs. 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.\8\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\9\
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\8\ See 19 CFR 351.309(d); 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).
\9\ 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.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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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. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time, within 30 days of the publication date of this notice. If
a request for a hearing is made, parties will be notified of the time
and date of the hearing.\12\
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\12\ See 19 CFR 351.310(d).
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Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, which will include the
results of Commerce's analysis of the issues raised in the case briefs,
within 120 days after the date of the preliminary results, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily
assigned a subsidy rate in the amount for the producers/exporters shown
above. Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. 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)(2)(C) of the Act, Commerce also
[[Page 23971]]
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies listed above with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required 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 review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 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. Rate for Non-Examined Companies
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring the Adequacy of Remuneration
VII. Analysis of Programs
VIII. Recommendation
Appendix II--List of Companies Not Selected for Individual Review
1. Aakriti Manufacturing Pvt. Ltd.
2. Apollo Tyres Ltd.
3. Asian Tire Factory Limited.
4. Asiatic Tradelinks Private Limited.
5. Cavendish Industries Ltd.
6. Ceat Ltd.
7. Celite Tyre Corporation.
8. Emerald Resilient Tyre Manufacturer.
9. Forech India Private Limited.
10. HRI Tires India.
11. Innovative Tyres & Tubes Limited.
12. JK Tyre & Industries Ltd.
13. John Deere India Pvt. Ltd.
14. K.R.M. Tyres.
15. Mahansaria Tyres Private Limited.
16. MRF Limited.
17. MRL Tyres Limited (Malhotra Rubbers Ltd.).
18. Neosym Industry Limited.
19. OTR Laminated Tyres (I) Pvt. Ltd.
20. Royal Tyres Private Limited.
21. Rubberman Enterprises Pvt. Ltd.
22. Speedways Rubber Company.
23. Sun Tyre And Wheel Systems.
24. Sundaram Industries Private Limited.
25. Superking Manufacturers (Tyre) Pvt., Ltd.
26. TVS Srichakra Limited.
27. Ultra Mile.
[FR Doc. 2024-07281 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-DS-P