Certain New Pneumatic Off-the-Road Tires From India: Notice of Rescission of Antidumping Duty Administrative Review; 2017-2018

James Maeder
Department of Commerce
27 July 2018

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35619-35620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16074]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Notice of 
Rescission of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty (AD) order on certain new 
pneumatic off-the-road tires (OTR Tires) from India for the period of 
review (POR) February 2, 2017, through February 28, 2018.

DATES: Applicable July 27, 2018.

FOR FURTHER INFORMATION CONTACT: 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) 482-4852.

SUPPLEMENTARY INFORMATION: 

Background

    On March 5, 2018, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on OTR Tires from India for the period February 2, 2017, through 
February 28, 2018.\1\ On March 30, 2018, ATC Tires Private Limited 
(ATC) and Alliance Tires Americas, Inc. (ATA) (collectively ATC) timely 
requested that Commerce conduct an administrative review of this AD 
order with respect to ATC.\2\ No other party requested a review of the 
order. On May 2, 2018, Commerce initiated an administrative review with 
respect to ATC, in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i).\3\ On May 17, 
2018, ATC timely withdrew its request for an administrative review.\4\ 
No other party requested a review of ATC.
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    \1\ See Antidumping or Countervailing Duty, Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 9284 (March 5, 2018).
    \2\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road 
Tires from India: ATC Tires Private Limited's Request for 
Administrative Review,'' dated March 30, 2018.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 19215 (May 2, 2018).
    \4\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road 
Tires from India: ATC Tires Private Limited's Withdrawal of Request 
for Administrative Review,'' dated May 17, 2018.

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[[Page 35620]]

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the publication date 
of the notice of initiation of the requested review. In this case, ATC 
timely withdrew its request for review within 90 days of the 
publication date of the Initiation Notice. Because Commerce received no 
other request for a review of the AD order with respect to ATC, and no 
other requests were made for a review of the AD order with respect to 
other companies, we are rescinding this administrative review covering 
the period February 2, 2017, through February 28, 2018, in its 
entirety, in accordance with 19 CFR 213(d)(1).

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries of OTR Tires from 
India during the POR. Antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
appropriate assessment instructions to CBP 15 days after the 
publication of this notice in the Federal Register.

Notification to Importers

    This notice also serves as a final reminder to importers for whom 
this review is being rescinded of their responsibility under 19 CFR 
351.402(f)(2) to file a certificate regarding the reimbursement of 
antidumping duties prior to liquidation of the relevant entries during 
this review period. Failure to comply with this requirement could 
result in the presumption that reimbursement of the antidumping duties 
occurred and the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 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 violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: July 23, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-16074 Filed 7-26-18; 8:45 am]
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