Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 68101 

14See Final Rule, 86 FR at 52335. 

15 Id. 

1See 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). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 86 FR 

50034 (September 7, 2021). 

3See 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). 

4See Issues and Decision Memorandum. 

5 Id. at 4. 

6See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

Continued 

parties who were included in the 

preceding annual inquiry service list 

must submit an amended entry of 

appearance to be included in the next 

year’s annual inquiry service list. For 

these interested parties, Commerce will 

change the entry of appearance status 

from ‘‘Active’’ to ‘‘Needs Amendment’’ 

for the annual inquiry service lists 

corresponding to the above-listed 

proceedings. This will allow those 

interested parties to make any necessary 

amendments and resubmit their entries 

of appearance. If no amendments need 

to be made, the interested party should 

indicate in the area on the ACCESS form 

requesting an explanation for the 

amendment that it is resubmitting its 

entry of appearance for inclusion in the 

annual inquiry service list for the 

following year. As mentioned in the 

Final Rule,14 once the petitioners and 

foreign governments have submitted an 

entry of appearance for the first time, 

they will automatically be added to the 

updated annual inquiry service list each 

year. 

Interested parties have 30 days after 

the date of this notice to submit new or 

amended entries of appearance. 

Commerce will then finalize the annual 

inquiry service lists five business days 

thereafter. For ease of administration, 

please note that Commerce requests that 

law firms with more than one attorney 

representing interested parties in a 

proceeding designate a lead attorney to 

be included on the annual inquiry 

service list. 

Commerce may update an annual 

inquiry service list at any time as 

needed based on interested parties’ 

amendments to their entries of 

appearance to remove or otherwise 

modify their list of members and 

representatives, or to update contact 

information. Any changes or 

announcements pertaining to these 

procedures will be posted to the 

ACCESS website at https:// 

access.trade.gov. 

Special Instructions for Petitioners and 

Foreign Governments 

In the Final Rule, Commerce stated 

that, ‘‘after an initial request and 

placement on the annual inquiry service 

list, both petitioners and foreign 

governments will automatically be 

placed on the annual inquiry service list 

in the years that follow.’’ 15

Accordingly, as stated above and 

pursuant to 19 CFR 351.225(n)(3), the 

petitioners and foreign governments 

will not need to resubmit their entries 

of appearance each year to continue to 

be included on the annual inquiry 

service list. However, the petitioners 

and foreign governments are responsible 

for making amendments to their entries 

of appearance during the annual update 

to the annual inquiry service list in 

accordance with the procedures 

described above. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: September 25, 2023. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2023–21799 Filed 10–2–23; 8:45 am] 

BILLING CODE 3510–DS–P 

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). 

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

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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
68102 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

7See Memorandum, ‘‘Calculation of Subsidy Rate 

for Non-Selected Companies Under Review,’’ dated 

concurrently with this memorandum. 

8This rate applies to ATC, ATC Tires AP Private 

Ltd., and Yokohama India Private Limited. 

Decision Memorandum contains a full 

description of the methodology 

underlying Commerce’s conclusions. 

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. 

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: 

Company 

Subsidy rate 

(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 nonreviewed firms, we will instruct CBP to 

continue to collect cash deposits of 

estimated countervailing duties at the 

most recent company-specific or allothers 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 


ddrumheller on DSK120RN23PROD with NOTICES1