[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83641-83643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23915]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Final 
Results 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) determines that 
certain producers/exporters subject to this administrative review made 
sales of subject merchandise at less than normal value during the 
period of review (POR) March 1, 2022, through February 28, 2023.

DATES: Applicable October 17, 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 April 5, 2024, Commerce published the Preliminary Results and 
invited comments from interested parties.\1\ On May 16, 2024, Titan 
Tire Corporation (the petitioner), ATC Tires Private Limited/ATC AP 
Tires Private Limited (collectively, ATC), Asian Tire Factory Ltd./
Lyallpur Rubber Mills (collectively, ATF), and Balkrishna Industries 
Ltd. submitted timely-filed case briefs. On May 23, 2024, the 
petitioner, ATC, and ATF submitted timely-filed rebuttal briefs. On 
July 3, 2024, Commerce extended the deadline for the final results 
until October 2, 2024.\2\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\3\ The 
deadline for the final results is now October 9, 2024. For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\4\ Commerce conducted this 
administrative review in accordance with section 751 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 Antidumping Duty Administrative Review; 2022-
2023, 89 FR 23973 (April 5, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
2022-2023 Antidumping Duty Administrative Review,'' dated July 3, 
2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2022-2023 Administrative Review of the 
Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires 
from India,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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    \5\ See Certain Now Pneumatic Off-the-Road Tires from India: 
Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order).
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    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 Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. The Issues and Decision Memorandum is a public document and 
is on file electronically 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 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 a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the margin calculations for ATC and ATF.\6\
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    \6\ For a full description of these changes, see Issues and 
Decision Memorandum.
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Rate for Companies Not Selected for Individual Examination

    The Act 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 an investigation, for guidance for 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.
    In this review, we calculated weighted-average dumping margins of 
2.62 percent and 2.76 percent for ATC and ATF, respectively, and we 
have assigned to the non-selected companies a rate of 2.63 percent, 
which is the weighted average of ATC and ATF's margins, weighted by 
their publicly ranged U.S. sales values.\7\
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    \7\ 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 Non-
Selected Company Rate for the Final Results,'' dated concurrently 
with this notice.
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Final Results of Review

    For these final results, we determine the following estimated 
weighted-average dumping margins exist for the period March 1, 2022, 
through February 28, 2023:
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    \8\ The exporters or producers not selected for individual 
review are listed in Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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ATC Tires Private Limited; ATC Tires AP Private Limited.....        2.62
Asian Tire Factory Ltd.; Lyallpur Rubber Mills..............        2.76
Companies Not Selected for Individual Review \8\............        2.63
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[[Page 83642]]

Disclosure

    Commerce intends to disclose the calculations performed for ATC and 
ATF in connection with these final results to interested parties 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 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)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
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 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.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by ATC or ATF for which 
the reviewed companies did not know that the merchandise they sold to 
the intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.
    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 Companies 
Not Selected for Individual Examination'' section, above. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for the future deposits of estimated duties 
where applicable.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
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    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

    The following cash 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 
covered in this review will be equal to the weighted-average dumping 
margin that is established in the final results of this review, except 
if the rate is less than 0.50 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 listed above, 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, or the original 
less-than-fair-value (LTFV) investigation, but the manufacturer is, the 
cash deposit rate will be the cash deposit rate established for the 
most recently completed segment for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be zero percent, the all-others rate 
established in the LTFV investigation.\10\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \10\ See Order, 82 FR at 12554 (the dumping margin of 3.67 
percent assigned to all other producers/exporters was adjusted for 
export subsidies found in the companion countervailing duty 
investigation, resulting in an adjusted cash deposit rate of zero 
percent).
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: October 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the 
non-exclusive functions and duties of the 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Correction of a Ministerial Error for ATC
    Comment 2: Application of the Export Subsidy Offset for ATC
    Comment 3: Status of ATC's Startup Adjustment
    Comment 4: Treatment of Certain of ATC's Reported Costs for 
Direct Materials and Duties
    Comment 5: Whether Commerce Should Reconsider Its Differential 
Pricing Analysis for ATF
    Comment 6: Whether Commerce Should Grant ATF an Export Subsidy 
Offset
    Comment 7: Whether an Adjustment for Duty Drawback or Certain 
Other Programs is Warranted for ATF
    Comment 8: Exclusion of Balakrishna Industries Ltd.'s Sales
VI. Recommendation

[[Page 83643]]

Appendix II--Companies Not Selected for Individual Examination 
Receiving the Review-Specific Rate

1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\11\
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    \11\ Subject merchandise produced and exported by BKT was 
excluded from the Order. See Certain New Pneumatic Off-the-Road 
Tires from India: Notice of Correction to Antidumping Duty Order, 82 
FR 25598 (June 2, 2017). 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

[FR Doc. 2024-23915 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P