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[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Notices]
[Pages 9238-9239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02449]

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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.
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    \1\ See 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).
    \2\ See Titan's Letter, ``Ministerial Error Comments,'' dated 
November 7, 2024 (Titan's 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

    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.
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    \4\ See Memorandum, ``Analysis of Ministerial Error 
Allegation,'' dated concurrently with this notice (Ministerial Error 
Memorandum).
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    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:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          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
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    \5\ See Appendix.
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    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.

[[Page 9239]]

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 (APO)

    This notice serves as the final reminder to parties subject to an 
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: February 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix--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.
 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. 2025-02449 Filed 2-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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