Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Notices 9235 

1See Certain Corrosion-Resistant Steel Products 

from Brazil, Canada, Mexico, and the Socialist 

Republic of Vietnam: Initiation of Countervailing 

Duty Investigations, 89 FR 80204 (October 2, 2024) 

(Initiation Notice). 2See Certain Corrosion-Resistant Steel Products 

from Brazil, Canada, Mexico, and the Socialist 

Republic of Vietnam: Postponement of Preliminary 

Determinations in the Countervailing Duty 

Investigations, 89 FR 89955 (November 14, 2024). 3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of Certain 

Corrosion-Resistant Steel Products from the 

Socialist Republic of Vietnam,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice, 89 FR at 80205. 

6The deadline for interested parties to submit 

scope case and rebuttal briefs will be established in 

the preliminary scope decision memorandum. 

7See 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. 

8See sections 776(a) and (b) of the Act. 9See Petitioners’ Letter, ‘‘Request to Align the 

Final Determination,’’ dated January 6, 2025. 10The companies that failed to respond to 

Commerce’s Q&V questionnaire are: (1) 190 Steel 

Pipe Co Ltd; (2) Vietnam Germany Steel JSC; (3) 

Vietnam Steel Pipe Co., Ltd.; (4) Vina One Steel 

Manufacturing Corporation; (5) VNSTEEL—Thang 

Long Coated Sheets Joint Stock Company; and (6) 

VNSTEEL—Vietnam Steel Corp. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–552–844] 

Certain Corrosion-Resistant Steel 

Products From the Socialist Republic 

of Vietnam: Preliminary Affirmative 

Countervailing Duty Determination, 

and Alignment of Final Determination 

With Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of certain 

corrosion-resistant steel products 

(CORE) from the Socialist Republic of 

Vietnam (Vietnam) during the period of 

investigation, January 1, 2023, through 

December 31, 2023. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable February 10, 2025. 

FOR FURTHER INFORMATION CONTACT: Ted 

Pearson and Mary Kolberg, AD/CVD 

Operations, Office I, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2631 and (202) 482–1785, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). On October 2, 2024, 

Commerce published the notice of 

initiation of this countervailing duty 

(CVD) investigation.1 On November 14, 

2024, Commerce postponed the 

preliminary determination until 

February 3, 2025.2

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

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 Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The products covered by this 

investigation are CORE from Vietnam. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 Certain interested 

parties commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. Commerce intends to 

issue its preliminary decision regarding 

comments concerning the scope of the 

less-than-fair-value (LTFV) and CVD 

investigations in the preliminary 

determination of the companion LTFV 

investigations. We will incorporate the 

scope decisions from the LTFV 

investigations into the scope of the final 

CVD determination for this investigation 

after considering any relevant comments 

submitted in scope case and rebuttal 

briefs.6

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.7 For a 

full description of the methodology 

underlying our preliminary 

determination, see the Preliminary 

Decision Memorandum. 

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available, and, because it finds that 

certain respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.8 For further 

information, see the ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ section in the Preliminary 

Decision Memorandum. 

Alignment 

In accordance with section 705(a)(1) 

of the Act and 19 CFR 351.210(b)(4), 

Commerce is aligning the final CVD 

determination in this investigation with 

the final determination in the 

concurrent LTFV investigation of CORE 

from Vietnam, based on a request made 

by the petitioners.9 Consequently, this 

final CVD determination will be issued 

on the same date as the final 

determination for the LTFV 

investigation, which is currently 

scheduled to be issued no later than 

June 17, 2025, unless postponed. 

Rate for Non-Responsive Companies 

Six potential exporters and/or 

producers of CORE from Vietnam did 

not respond to Commerce’s Q&V 

questionnaire (i.e., the non-responsive 

companies).10 We find that, by not 

responding to the Q&V questionnaire, 

these companies withheld requested 

information and significantly impeded 

this proceeding. Thus, in reaching our 

preliminary determination, pursuant to 

sections 776(a)(2)(A) and (C) of the Act, 

we are basing the CVD subsidy rate for 

the non-responsive companies on facts 

otherwise available. 

We further preliminarily determine 

that an adverse inference is warranted, 

pursuant to section 776(b) of the Act. By 

failing to submit responses to 

Commerce’s Q&V questionnaire, the 

non-responsive companies did not 

cooperate to the best of their ability in 

this investigation. Accordingly, we 

preliminarily find that an adverse 

inference is warranted to ensure that the 

non-responsive companies will not 

obtain a more favorable result than had 

they fully complied with our request for 

information. For more information on 

the application of adverse facts available 


ddrumheller on DSK120RN23PROD with NOTICES1
9236 Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Notices 

11See sections 705(c)(5)(A)(i) and (ii) of the Act. 

12See Aluminum Extrusions from Taiwan: Final 

Affirmative Determination of Sales at Less Than 

Fair Value, 89 FR 80477 (October 3, 2024), and 

accompanying Issues and Decision Memorandum at 

Comment 3. 

13We preliminarily find Hoa Sen Group to be 

cross-owned with the following companies: Hoa 

Sen Nghe An One Member Limited Liabilities 

Company, Hoa Sen Phu Nhon Hoi-Binh Dinh One 

Member Limited Liability Company, Hoa Sen Phu 

My One Member Limited Liabilities Company, Hoa 

Sen Steel One Member Company Limited. 

14See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Service Final Rule). 

15See 19 CFR 351.309(c)(2) and (d)(2). 

to the non-responsive companies, see 

‘‘Use of Facts Otherwise Available and 

Adverse Inferences’’ in the Preliminary 

Decision Memorandum. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that, in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any rates that are 

zero, de minimis, or based entirely 

under section 776 of the Act. If the rates 

established for all exporters and 

producers individually investigated are 

zero, de minimis, or determined entirely 

under facts available, Commerce may 

use any reasonable method to establish 

an all-others rate.11 For this preliminary 

determination, Commerce calculated de 

minimis and zero rates for Hoa Sen 

Group and Ton Dong A Corporation, 

respectively. Further, as described 

above, we are applying a rate based 

entirely under section 776 of the Act for 

the non-responsive companies. 

Therefore, in accordance with section 

705(c)(5)(A)(ii) of the Act, we are 

preliminarily applying a simple average 

of the subsidy rates calculated for Hoa 

Sen Group, Ton Dong A Corporation, 

and the non-responsive companies as 

the all-others rate.12

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company Subsidy rate 

(percent ad valorem) 

Hoa Sen Group 13 ............................................................................................................................................................... 0.13 (de minimis). 

Ton Dong A Corporation ..................................................................................................................................................... 0.00. 

190 Steel Pipe Co Ltd ......................................................................................................................................................... 140.05.* 

Vietnam Germany Steel JSC .............................................................................................................................................. 140.05.* 

Vietnam Steel Pipe Co., Ltd ............................................................................................................................................... 140.05.* 

Vina One Steel Manufacturing Corporation ........................................................................................................................ 140.05.* 

VNSTEEL—Thang Long Coated Sheets Joint Stock Company ........................................................................................ 140.05.* 

VNSTEEL—Vietnam Steel Corp ......................................................................................................................................... 140.05.* 

All Others ............................................................................................................................................................................ 46.73. 

* Rate based on facts available with adverse inferences. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed in 

connection with this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of publication of this notice 

in accordance with 19 CFR 351.224(b). 

Consistent with 19 CFR 351.224(e), 

Commerce will analyze and, if 

appropriate, correct any timely 

allegations of significant ministerial 

errors by amending the preliminary 

determination. However, consistent 

with 19 CFR 351.224(d), Commerce will 

not consider incomplete allegations that 

do not address the significance standard 

under 19 CFR 351.224(g) following the 

preliminary determination. Instead, 

Commerce will address such allegations 

in the final determination together with 

issues raised in the case briefs or other 

written comments. 

Suspension of Liquidation 

In accordance with sections 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. Because the 

subsidy rates for Ton Dong A 

Corporation and Hoa Sen Group are zero 

and de minimis, respectively, 

Commerce is directing CBP not to 

suspend liquidation of entries of the 

merchandise from these companies. 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

All interested parties will have the 

opportunity to submit scope case and 

rebuttal briefs on the preliminary 

decision regarding the scope of the 

LTFV and CVD investigations. The 

deadlines to submit scope case and 

rebuttal briefs will be provided in the 

preliminary scope decision 

memorandum. For all scope case and 

rebuttal briefs, parties must file 

identical documents simultaneously on 

the records of the ongoing LTFV and 

CVD CORE investigations. No new 

factual information or business 

proprietary information may be 

included in either scope case or rebuttal 

briefs. 

Case briefs or other written 

comments, excluding scope comments, 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. Rebuttal briefs, limited to 

issues raised in the case briefs, may be 

filed not later than five days after the 

date for filing case briefs.14 Interested 

parties who submit case or rebuttal 

briefs in this proceeding must submit: 

(1) a table of contents listing each issue; 

and (2) a table of authorities.15

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Notices 9237 

16We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

17See APO and Service Final Rule. 

executive summary for each issue raised 

in their briefs.16 Further, we request that 

interested parties limit their public 

executive summary of each issue to no 

more than 450 words, not including 

citations. We intend to use the public 

executive summaries as the basis of the 

comment summaries included in the 

issues and decision memorandum that 

will accompany the final determination 

in this investigation. We request that 

interested parties include footnotes for 

relevant citations in the executive 

summary of each issue. Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).17

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants and whether any 

participant is a foreign national, and a 

list of the issues to be discussed. Oral 

presentations at the hearing will be 

limited to issues raised in the briefs. If 

a request for a hearing is made, 

Commerce intends to hold the hearing 

at a time and date to be determined. 

Parties should confirm by telephone the 

date, time, and location of the hearing 

two days before the scheduled date. 

U.S. International Trade Commission 

(ITC) Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the ITC 

of its determination. If the final 

determination is affirmative, the ITC 

will determine, before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination, whether imports of 

CORE from Vietnam are materially 

injuring the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

703(f) and 777(i) of the Act, and 19 CFR 

351.205(c). 

Dated: February 3, 2025. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The products covered by this investigation 

are certain flat-rolled steel products, either 

clad, plated, or coated with corrosionresistant metals such as zinc, aluminum, or 

zinc-, aluminum-, nickel- or iron-based 

alloys, whether or not corrugated or painted, 

varnished, laminated, or coated with plastics 

or other non-metallic substances in addition 

to the metallic coating. The products covered 

include coils that have a width of 12.7 mm 

or greater, regardless of form of coil (e.g., in 

successively superimposed layers, spirally 

oscillating, etc.). The products covered also 

include products not in coils (e.g., in straight 

lengths) of a thickness less than 4.75 mm and 

a width that is 12.7 mm or greater and that 

measures at least 10 times the thickness. The 

products covered also include products not 

in coils (e.g., in straight lengths) of a 

thickness of 4.75 mm or more and a width 

exceeding 150 mm and measuring at least 

twice the thickness. The products described 

above may be rectangular, square, circular, or 

other shape and include products of either 

rectangular or non-rectangular cross-section 

where such cross-section is achieved 

subsequent to the rolling process, i.e., 

products which have been ‘‘worked after 

rolling’’ (e.g., products which have been 

beveled or rounded at the edges). 

For purposes of the width and thickness 

requirements referenced above: 

(1) Where the nominal and actual 

measurements vary, a product is within the 

scope if application of either the nominal or 

actual measurement would place it within 

the scope based on the definitions set forth 

above, and 

(2) where the width and thickness vary for 

a specific product (e.g., the thickness of 

certain products with non-rectangular crosssection, the width of certain products with 

non-rectangular shape, etc.), the 

measurement at its greatest width or 

thickness applies. 

Steel products included in the scope of this 

investigation are products in which: (1) iron 

predominates, by weight, over each of the 

other contained elements; and (2) the carbon 

content is 2 percent or less, by weight. 

Subject merchandise also includes corrosionresistant steel that has been further processed 

in a third country, including but not limited 

to annealing, tempering, painting, varnishing, 

trimming, cutting, punching and/or slitting 

or any other processing that would not 

otherwise remove the merchandise from the 

scope of the investigations if performed in 

the country of manufacture of the in-scope 

corrosion resistant steel. 

All products that meet the written physical 

description are within the scope of this 

investigation unless specifically excluded. 

The following products are outside of and/or 

specifically excluded from the scope of this 

investigation: 

• Flat-rolled steel products either plated or 

coated with tin, lead, chromium, chromium 

oxides (‘‘tin free steel’’), whether or not 

painted, varnished or coated with plastics or 

other nonmetallic substances in addition to 

the metallic coating; 

• Clad products in straight lengths of 

4.7625 mm or more in composite thickness 

and of a width which exceeds 150 mm and 

measures at least twice the thickness; 

• Certain clad stainless flat-rolled 

products, which are three-layered corrosionresistant carbon steel flat-rolled products less 

than 4.75 mm in composite thickness that 

consist of a carbon steel flat-rolled product 

clad on both sides with stainless steel in a 

20%–60%–20% ratio; and 

Also excluded from the scope of the 

antidumping duty investigation on corrosion 

resistant steel from Taiwan are any products 

covered by the existing antidumping duty 

order on corrosion-resistant steel from 

Taiwan. See Certain Corrosion-Resistant 

Steel Products from India, Italy, the People’s 

Republic of China, the Republic of Korea and 

Taiwan: Amended Final Affirmative 

Antidumping Determination for India and 

Taiwan, and Antidumping Duty Orders, 81 

FR 48390 (July 25, 2016); Corrosion-Resistant 

Steel Products from Taiwan: Notice of Third 

Amended Final Determination of Sales at 

Less Than Fair Value Pursuant to Court 

Decision and Partial Exclusion from 

Antidumping Duty Order, 88 FR 58245 

(August 25, 2023). 

Also excluded from the scope of the 

antidumping duty investigation on corrosionresistant steel from the United Arab Emirates 

and the antidumping duty and countervailing 

duty investigations on corrosion-resistant 

steel from the Socialist Republic of Vietnam 

are any products covered by the existing 

antidumping and countervailing duty orders 

on corrosion-resistant steel from the People’s 

Republic of China and the Republic of Korea 

and the antidumping duty order on 

corrosion-resistant steel from Taiwan. See 

Certain Corrosion-Resistant Steel Products 

from India, Italy, the People’s Republic of 

China, the Republic of Korea and Taiwan: 

Amended Final Affirmative Antidumping 

Determination for India and Taiwan, and 

Antidumping Duty Orders, 81 FR 48390 (July 

25, 2016); see also Certain CorrosionResistant Steel Products from India, Italy, 

Republic of Korea and the People’s Republic 

of China: Countervailing Duty Order, 81 FR 

48387 (July 25, 2016). This exclusion does 

not apply to imports of corrosion-resistant 

steel that are entered, or withdrawn from 

warehouse, for consumption in the United 

States for which the relevant importer and 

exporter certifications have been completed 

and maintained and all other applicable 

certification requirements have been met 

such that the entry is entered into the United 

States as not subject to the antidumping and 

countervailing duty orders on corrosionresistant steel from the People’s Republic of 

China, the antidumping and countervailing 

duty orders on corrosion-resistant steel from 

the Republic of Korea, or the antidumping 

duty order on corrosion-resistant steel from 

Taiwan. 

The products subject to the investigation 

are currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under item numbers: 7210.30.0030, 


ddrumheller on DSK120RN23PROD with NOTICES1
9238 Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Notices 

1See Certain New Pneumatic Off-the-Road Tires 

from India: Final Results of Countervailing Duty 

Administrative Review; 2022, 89 FR 84331 (October 

22, 2024) (Final Results), and accompanying Issues 

and Decision Memorandum (IDM). 

2See Titan’s Letter, ‘‘Ministerial Error 

Comments,’’ dated November 7, 2024 (Titan’s 

Comments). 

3See 19 CFR 351.224(f). 

4See Memorandum, ‘‘Analysis of Ministerial 

Error Allegation,’’ dated concurrently with this 

notice (Ministerial Error Memorandum). 5See Appendix. 

7210.30.0060, 7210.41.0000, 7210.49.0030, 

7210.49.0040, 7210.49.0045, 7210.49.0091, 

7210.49.0095, 7210.61.0000, 7210.69.0000, 

7210.70.6030, 7210.70.6060, 7210.70.6090, 

7210.90.6000, 7210.90.9000, 7212.20.0000, 

7212.30.1030, 7212.30.1090, 7212.30.3000, 

7212.30.5000, 7212.40.1000, 7212.40.5000, 

7212.50.0000, 7212.60.0000, 7225.91.0000, 

7225.92.0000, 7226.99.0110, and 

7226.99.0130. 

The products subject to the investigations 

may also enter under the following HTSUS 

item numbers: 7210.90.1000, 7215.90.1000, 

7215.90.3000, 7215.90.5000, 7217.20.1500, 

7217.30.1530, 7217.30.1560, 7217.90.1000, 

7217.90.5030, 7217.90.5060, 7217.90.5090, 

7225.99.0090, 7226.99.0180, 7228.60.6000, 

7228.60.8000, and 7229.90.1000. 

The HTSUS subheadings above are 

provided for convenience and customs 

purposes only. The written description of the 

scope of the investigations is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Use of Facts Available and Adverse 

Inferences 

V. Subsidies Valuation Information 

VI. Interest Rate, Discount Rate, and Land 

Lease Benchmarks 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2025–02380 Filed 2–7–25; 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: Amended 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) is amending the 

final results of the administrative review 

of the countervailing duty (CVD) order 

on certain new pneumatic off-the-road 

tires (OTR tires) from India to correct 

ministerial errors. Based on the 

amended final results, we find that ATC 

Tires Private Limited (ATC) sold OTR 

tires in the United States at less than 

normal value during the period of 

review (POR), January 1, 2022, through 

December 31, 2022. 

DATES: Applicable February 10, 2025. 

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 October 22, 2024, Commerce 

published in the Federal Register the 

final results of the 2022 administrative 

review of the AD order on OTR tires 

from India.1 On November 7, 2024, 

Commerce received allegations of 

ministerial errors from Titan Tire 

Corporation (Titan).2 We received no 

rebuttal comments. Commerce is 

amending the Final Results to correct 

the ministerial errors. 

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 . . .’’ 

Ministerial Error 

Commerce reviewed the record, and 

we agree that the errors alleged by Titan 

constitute ministerial errors within the 

meaning of section 751(h) of the Act and 

19 CFR 351.224(f).4 Specifically, we 

find that we made inadvertent errors in 

the calculation of total benefits received 

by ATC from Special Economic Zone 

programs and in the calculation of total 

benefits received by Balkrishna 

Industries Ltd. (BKT) from the Export 

Promotion Capital Goods Scheme. 

Pursuant to 19 CFR 351.224(e), 

Commerce is amending the Final 

Results to reflect the correction of the 

ministerial errors, as described in the 

Ministerial Error Memorandum. Based 

on the corrections, ATC’s final dumping 

margin remains 1.70 percent, and BKT’s 

final dumping margin changed from 

0.34 percent to 0.39 percent. The 

amended estimated weighted-average 

dumping margins are listed in the 

‘‘Amended Final Results of Review,’’ 

section below. 

For a complete discussion of the 

ministerial error allegation, as well as 

Commerce’s analysis, see the Ministerial 

Error Memorandum. The Ministerial 

Error Memorandum 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. 

Amended Final Results of Review 

As a result of correcting the 

ministerial errors described above, 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist for the period 

January 1, 2022, through December 31, 

2022: 

Exporter 

Weighted-average 

dumping margin 

(percent) 

ATC Tires Private Limited ......... 1.70 

Balkrishna Industries Ltd ........... * 0.39 

Non-Selected Companies Under 

Review 5 ................................. 1.70 

* De minimis. 

Disclosure 

Commerce intends to disclose the 

calculations performed in connection 

with these amended final results of 

review to interested parties within five 

days after public announcement of the 

amended final results or, if there is no 

public announcement, within five days 

of the date of publication of the notice 

of amended final results 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 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. 

On January 16, 2025, the U.S. Court 

of International Trade issued a statutory 

injunction (SI) enjoining liquidation of 

entries subject to this review. This SI 

was issued in connection with Titan 

Tire Corporation vs. United States, 

Court No. 24–00207–MAB. Commerce 

will not issue assessment instructions 

until a final resolution of the litigation 

and the dissolution of the SI. 


ddrumheller on DSK120RN23PROD with NOTICES1