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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84331-84333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24430]

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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; 2022

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/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.

DATES: Applicable October 22, 2024.

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, 2024, Commerce published the preliminary results of 
this administrative review.\1\ On July 22, 2024, Commerce tolled 
certain deadlines in this administrative proceeding by seven days.\2\ 
On August 6, 2024, we extended the time limit for these final results 
to October 9, 2024.\3\ For a description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\4\
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    \1\ See Certain New Pneumatic Off-The-Road Tires from India: 
Preliminary Results of Countervailing Duty Administrative Review; 
2022, 89 FR 23969 (April 5, 2024) (Preliminary Results).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated August 6, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the Countervailing Duty Administrative Review of 
Off-the-Road Tires from India; 2022,'' 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 New Pneumatic Off-the-Road Tires from India and 
Sri Lanka: Amended Final Affirmative Countervailing Duty 
Determination for India and Countervailing Duty Orders, 82 FR 12556 
(March 6, 2017) (Order).
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    The products covered by the order are OTR 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 parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
attached to this notice at Appendix I. 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 comments received from interested parties and record 
information, we made certain changes from the Preliminary Results 
regarding the subsidy calculations for ATC Tires Private Limited (ATC) 
and Balkrishna Industries Ltd. (BKT). These changes are explained in 
the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each subsidy program found countervailable, Commerce finds that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\ For a description of the methodology underlying all of 
Commerce's conclusions, including any determination that relied upon 
the use

[[Page 84332]]

of adverse facts available pursuant to section 776(a) and (b) of the 
Act, see the Issues and Decision Memorandum.
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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

    The Act and Commerce's regulations do not directly address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
Generally, Commerce looks to section 705(c)(5) of the Act, which 
provides instructions for determining the all-others rate in an 
investigation, for guidance when calculating the rate for companies 
that were not selected for individual examination in an administrative 
review. 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} .'' Under section 705(c)(5)(A) of the Act, the all-others 
rate is normally ``an amount equal to the weighted average of the 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero or de minimis 
countervailable subsidy rates, and any rates determined entirely {on 
the basis of facts available{time} .''
    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.\7\ We determine that ATC received countervailable subsidies 
that are above de minimis and are not based entirely on facts 
available. Therefore, we 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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    \7\ 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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Final Results of Review

    We determine that the following net countervailable subsidy rates 
exist for the period January 1, 2022, through December 31, 2022:
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    \8\ See Appendix II of this notice for a list of all companies 
subject to this review that were not selected for individual 
examination and to which Commerce has assigned the non-examined 
company rate.

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                                                            Subsidy rate
                     Producer/exporter                       (percent ad
                                                              valorem)
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ATC Tires Private Limited.................................          1.70
Balkrishna Industries Ltd.................................        * 0.34
Non-Selected Companies Under Review \8\...................          1.70
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* De minimis.

Disclosure

    Commerce intends to disclose the calculations and analysis 
performed for these final results of review 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 sections 751(a)(1) and (a)(2)(C) of the Act and 19 CFR 
351.212(b), Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries of subject merchandise 
in accordance with the final results of 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)(1) and (a)(2)(C) of the Act, 
Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown for the companies 
listed above on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review. Because the rate 
calculated for BKT is 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, we will 
instruct CBP to 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, effective upon publication of these final 
results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction 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.

Notification to Interested Parties

    Commerce is issuing the final results 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: 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. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: ATC's Electricity Duty Exemption under the Gujarat 
Electricity Act, 1958
    Comment 2: ATC's Import and Local Duty, Value-Added Tax, and 
Central Sales Tax (CST) Exemptions Under the Export-Oriented Units 
(EOU) and Special Economic Zones (SEZ) Programs
    Comment 3: ATC's SEZ Income Tax Exemption Under Section 10AA of 
the Income Tax Act
    Comment 4: BKT's Import Duty Exemptions Under the Export 
Promotion of Capital Goods Scheme
    Comment 5: BKT's Import Duty Exemptions Under the Advance 
Authorization Scheme (AAS)
    Comment 6: ATC's Import Duty Exemptions Under the AAS
VIII. Recommendation

Appendix II--Non-Examined Companies Under 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.

[[Page 84333]]

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. 2024-24430 Filed 10-21-24; 8:45 am]
BILLING CODE 3510-DS-P
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