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Certain New Pneumatic Off-the-Road Tires From India: Notice of Correction to Antidumping Duty Order

American Government Special Collections Reference Desk

Certain New Pneumatic Off-the-Road Tires From India: Notice of Correction to Antidumping Duty Order

Ronald K. Lorentzen
Department of Commerce
2 June 2017


[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25598-25599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11424]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Notice of 
Correction to Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202) 
482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 6, 2017, the Department of Commerce (Department) published 
the Antidumping Duty Order on certain new pneumatic off-the-road tires 
from India.\1\ In the Antidumping Duty Order, the Department 
inadvertently omitted a statement to explain that Balkrishna Industries 
Limited (BKT) is partially excluded from the Antidumping Duty Order.
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Antidumping 
Duty Order).
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Correction

    Because the Department calculated a weighted-average antidumping 
duty margin of zero percent for BKT in the Final Determination,\2\ 
which was unchanged in the Amended Final Determination,\3\ BKT is 
partially excluded from the Antidumping Duty Order. Therefore, we are 
correcting the Antidumping Duty Order to specify that merchandise 
produced and exported by BKT is excluded from the Order. This exclusion 
does not apply to merchandise produced by BKT and exported by any other 
company or merchandise produced by any other company and exported by 
BKT. Resellers of merchandise produced by BKT, are also not entitled to 
this exclusion. The sections explaining the suspension of liquidation 
and listing the weighted-average antidumping duty margins and cash 
deposit rates should have appeared as follows:
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    \2\ See Certain New Pneumatic Off-the-Road Tires From India: 
Final Negative Determination of Sales at Less Than Fair Value and 
Final Determination of Critical Circumstances, 82 FR 4848, 4849 
(January 17, 2017) (``Final Determination'').
    \3\ 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 9056, 
9058 (February 2, 2017) (Amended Final Determination).
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Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the 
Tariff Act of 1930, as amended (the Act), the International Trade 
Commission (ITC) notified the Department of its final determination 
that the industry in the United States producing off road tires is 
materially injured by reason of the less-than-fair value imports of off 
road tires from India.\4\ Therefore, in accordance with section 
735(c)(2) of the Act, we are publishing this antidumping duty order.
---------------------------------------------------------------------------

    \4\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding off the road tires from the India and Sri Lanka (February 
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from 
India and Sri Lanka, Investigation Nos. 701-TA-552-553 and 731-TA-
1308 (Final), USITC Publication 4669 (February 2017).
---------------------------------------------------------------------------

    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of off-road 
tires from India, which specifically excludes merchandise exported and 
produced by BKT. Antidumping duties will be assessed on unliquidated 
entries of off road tires from India entered, or withdrawn from 
warehouse, for consumption on or after February 2, 2017, the date of 
publication of the Amended Final Determination.\5\
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    \5\ See Amended Final Determination, 82 FR at 9056.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation, in Part

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of off road tires from India. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margins listed below.\6\ The all-others rate applies 
to all producers or exporters not specifically listed. For the purposes 
of determining cash deposit rates, the estimated weighted-average 
dumping margins for imports of subject merchandise from India have been 
adjusted for export subsidies found in the amended final determination 
of the companion countervailing duty investigation of this merchandise 
(i.e., 4.72 percent).\7\
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    \6\ See Section 736(a)(3) of the Act.
    \7\ 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).
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    Because the estimated weighted-average dumping margin for BKT's 
producer and exporter combination is zero, the Department is directing 
U.S. Customs and Border Protection not to suspend liquidation of 
entries of subject merchandise where BKT acted as both the producer and 
exporter. Entries of subject merchandise exported to the United States 
by any other producer and exporter combination are not entitled to this 
exclusion from suspension of liquidation and are subject to the cash 
deposit rate for the all-others entity.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average antidumping duty margin percentages 
are as follows:

[[Page 25599]]



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                                                                                     Cash deposit
                                                                       Weighted-     rate adjusted
                         Exporter/producer                              average       for subsidy
                                                                    dumping margin      offset
                                                                       (percent)       (percent)
--------------------------------------------------------------------------------------------------
ATC Tires Private Ltd.............................................            3.67            0.00
All-Others........................................................            3.67            0.00
----------------------------------------------------------------------------------------------------------------

    This correction to the Antidumping Duty Order is issued and 
published in accordance with section 736(a) of the Act.

    Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11424 Filed 6-1-17; 8:45 am]
BILLING CODE 3510-DS-P

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