Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 84331 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See Petitioner‘s Letter, ‘‘Request for 

Postponement of the Preliminary Determination,’’ 

dated October 8, 2024. The petitioner is Solvay 

USA LLC. 

4 Id. 

1See 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). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See Memorandum, ‘‘Extension of Deadline for 

Final Results of Countervailing Duty Administrative 

Review,’’ dated August 6, 2024. 

4See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results in the 

Countervailing Duty Administrative Review of Offthe-Road Tires from India; 2022,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

5See 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). 

6See 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. 

administrative proceeding by seven 

days.2 The preliminary determination is 

currently due no later than November 

19, 2024. 

Postponement of Preliminary 

Determination 

Section 733(b)(1)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in an LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1)(A)(b)(1) of 

the Act permits Commerce to postpone 

the preliminary determination until no 

later than 190 days after the date on 

which Commerce initiated the 

investigation if: (A) the petitioner makes 

a timely request for a postponement; or 

(B) Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On October 8, 2024, the petitioner 

submitted a timely request that 

Commerce postpone the preliminary 

determination in this LTFV 

investigation.3 The petitioner stated that 

it requests postponement because 

additional time will allow Commerce to 

issue supplemental questionnaires to 

address deficiencies and omissions in 

the mandatory respondents’ responses 

and to ensure an accurate calculation of 

preliminary dumping margins.4

For the reasons stated above and 

because there are no compelling reasons 

to deny the request, Commerce is 

postponing the deadline for the 

preliminary determination by 50 days, 

i.e., 190 days after the date on which 

this investigation was initiated, in 

accordance with section 733(c)(1)(A) of 

the Act. As a result, Commerce will 

issue its preliminary determination no 

later than January 8, 2025. In 

accordance with section 735(a)(1) of the 

Act and 19 CFR 351.210(b)(1), the 

deadline for the final determination of 

this investigation will continue to be 75 

days after the date of the preliminary 

determination, unless postponed at a 

later date. 

Notification to Interested Parties 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: October 16, 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. 

[FR Doc. 2024–24390 Filed 10–21–24; 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; 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

Scope of the Order 5

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 governmentprovided 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 


ddrumheller on DSK120RN23PROD with NOTICES1
84332 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 

7See, e.g., Certain Pasta from Italy: Final Results 

of the 13th (2008) Countervailing Duty 

Administrative Review, 75 FR 37386, 37387 (June 

29, 2010). 

8See 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. 

of adverse facts available pursuant to 

section 776(a) and (b) of the Act, see the 

Issues and Decision Memorandum. 

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}.’’ 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}.’’ 

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. 

Final Results of Review 

We determine that the following net 

countervailable subsidy rates exist for 

the period January 1, 2022, through 

December 31, 2022: 

Producer/exporter 

Subsidy rate 

(percent ad 

valorem) 

ATC Tires Private Limited ...... 1.70 

Balkrishna Industries Ltd ........ * 0.34 

Non-Selected Companies 

Under Review 8 ................... 1.70 

* 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 ExportOriented 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RTID 0648–XE362 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Skagway 

Ore Terminal Redevelopment Project 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization. 

SUMMARY: NMFS received a request from 

Municipality of Skagway (MOS) for the 

renewal of their currently active 

incidental harassment authorization 

(IHA) to take marine mammals 

incidental to the terminal 

redevelopment project in Skagway, 

Alaska. MOS’s activities consist of 

activities that are covered by the current 

authorization but will not be completed 

prior to its expiration. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), prior to issuing the currently 

active IHA, NMFS requested comments 

on both the proposed IHA and the 

potential for renewing the initial 

authorization if certain requirements 

were satisfied. The renewal 

requirements have been satisfied, and 

NMFS is now providing an additional 

15-day comment period to allow for any 

additional comments on the proposed 

renewal not previously provided during 

the initial 30-day comment period. 

DATES: Comments and information must 

be received no later than November 6, 

2024. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service, and should be 

submitted via email to ITP.harlacher@

noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

comments will be accepted in Microsoft 

Word, Excel or Adobe PDF file formats 

only. All comments received are a part 

of the public record and will generally 

be posted online at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

Electronic copies of the original 

application, renewal request, and 

supporting documents (including NMFS 

Federal Register notices of the original 

proposed and final authorizations, and 

the previous IHA), as well as a list of the 

references cited in this document, may 

be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources (OPR), NMFS, (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

promulgated or, if the taking is limited 

to harassment, an incidental harassment 

authorization is issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

definition of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in the MMPA and the 

NMFS’s implementing regulations (see 

16 U.S.C. 1362; 50 CFR 216.103). 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal of an IHA following 

notice to the public providing an 

additional 15 days for public comments 

when: (1) up to another year of 

identical, or nearly identical, activities 

as described in the Detailed Description 

of Specified Activities section of the 

initial IHA issuance notice is planned; 

or (2) the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA); 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 


ddrumheller on DSK120RN23PROD with NOTICES1