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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90669-90670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26769]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]

Certain New Pneumatic Off-the-Road Tires from India: Amended 
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) is amending the 
final results of the administrative review of the antidumping duty 
order on certain new pneumatic off-the-road tires from India (OTR 
tires) from India to correct a ministerial error. The period of review 
(POR) is March 1, 2022, through February 28, 2023.

DATES: Applicable November 18, 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 October 17, 2024, Commerce published the Final Results, in the 
Federal Register.\1\ On October 15, 2024, we received a timely 
submitted ministerial error allegation from Titan Tire Corporation (the 
petitioner).\2\ We received no other ministerial error comments from 
interested parties. Because we agree that we made a ministerial error 
in the Final Results, we are amending the Final Results to correct the 
ministerial error the petitioner alleged.
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    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Final Results of Antidumping Duty Administrative Review; 2022-2023, 
89 FR 83641 (October 17, 2024) (Final Results), and accompanying 
Issues and Decision Memorandum (IDM).
    \2\ See Petitioner's Letter, ``Ministerial Error Comments,'' 
dated October 15, 2024 (Ministerial Error Comments).
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' \3\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any . . . ministerial 
error by amending the final results of review. . .''
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    \3\ See 19 CFR 351.224(f).
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Ministerial Error

    In the Final Results, we determined that a startup adjustment was 
not warranted for ATC Tires Private Limited/ATC AP Tires Private 
Limited (collectively, ATC) and we stated our intention to disallow 
ATC's claimed startup adjustment in our calculations for the Final 
Results.\4\ In its Ministerial Error Comments, the petitioner alleged 
that, in revising ATC's total cost of manufacturing (TOTCOM) to remove 
the startup adjustment, Commerce inadvertently granted the startup 
adjustment in the Final Results.\5\
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    \4\ See Final Results IDM at Comment 3.
    \5\ See Ministerial Error Comments at 3.
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    We agree with the petitioner that we made a ministerial error in 
the Final Results, pursuant to section 751(h) of the Act and 19 CFR 
51.224(f) and have amended our calculations to remove ATC's startup 
adjustment from TOTCOM. Pursuant to 19 CFR 351.224(e) and section 
751(h) of the Act, we are amending the Final Results to correct this 
ministerial error in the calculation of the weighted-average dumping 
margin for ATC, which changes from 2.62 percent to 2.66 percent. 
Furthermore, in the Final Results, we calculated the weighted-average 
dumping margin for the companies that were not selected for individual 
examination as the weighted average of the dumping margins determined 
for the two mandatory respondents, weighted by their publicly ranged 
U.S. sales values.\6\ Thus, based on the revised weighted-average 
dumping margins calculated for ATC,\7\ we are also amending the rate 
for the companies not selected for individual examination in this 
review, which changes from 2.63 percent to 2.67 percent.\8\
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    \6\ See Final Results, 89 FR at 83641.
    \7\ The margin for the other mandatory respondent, Asian Tire 
Factory Ltd./Lyallpur Rubber Mills (collectively, ATF), remains 
unchanged from the Final Results and continues to be 2.76 percent.
    \8\ See Memorandum, ``Calculation of the Amended Final Cash 
Deposit Rate for Non-Selected Companies,'' dated concurrently with 
this notice (Amended Non-Selected Companies Rate Memorandum).
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    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\9\ The Ministerial Error Memorandum is on file 
electronically via ACCESS. ACCESS is available to registered users at 
https://access.trade.gov.
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    \9\ See Memorandum, ``Analysis of Ministerial Error 
Allegation,'' dated concurrently with, and hereby adopted by, this 
notice (Ministerial Error Memorandum); see also Memorandum, 
``Amended Final Results Analysis Memorandum for ATC Tires Private 
Limited,'' dated concurrently with this notice.
    \10\ See Appendix for a full list of these companies.
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Amended Final Results of Review

    As a result of correcting the ministerial error described above, we 
determine the following estimated weighted-average dumping margins for 
the period March 1, 2022, through February 28, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ATC Tires Private Limited; ATC Tires AP Private Limited.....        2.66
Companies Not Selected for Individual Review \10\...........        2.67
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for ATC in 
connection with these amended final results of review 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

[[Page 90670]]

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 amended 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. Where an importer- (or 
customer-) specific rate is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), 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 for which it did 
not know that the merchandise it 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 the appendix which were not selected 
for individual examination in this review, we will assign an assessment 
rate based on the review specific rate, which is equal to the weighted 
average of the dumping margins calculated for ATC in these amended 
final results and ATF in the Final Results.\11\
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    \11\ See Amended Non-Selected Companies Rate Memorandum.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the amended 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 amended cash deposit rate for ATC and 
the other companies not individually examined in this review will be 
equal to the weighted-average dumping margin that is established in the 
amended 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 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.\12\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \12\ See Certain Now Pneumatic Off-the-Road Tires from India: 
Antidumping Duly Order, 82 FR 12553 (March 6, 2017), 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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Notification to Importers

    This notice also 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.

Administrative Protective Order

    This notice serves as the final 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 Interested Parties

    We are issuing and publishing these amended final results of review 
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: November 8, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

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

1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\13\
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    \13\ Subject merchandise produced and exported by Balkrishna 
Industries Ltd. (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. 2024-26769 Filed 11-15-24; 8:45 am]
BILLING CODE 3510-DS-P
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