[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]


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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 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).
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    \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).
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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\
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    \4\ See Issues and Decision Memorandum.
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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.
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    \5\ Id. at 4.
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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.
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    \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.
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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.
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    \7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
memorandum.
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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:
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    \8\ This rate applies to ATC, ATC Tires AP Private Ltd., and 
Yokohama India Private Limited.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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ATC Tires Private Limited \8\...........................            2.20
Balkrishna Industries Ltd...............................            0.33
Companies Not Selected for Individual Examination.......            1.58
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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