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Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 6 April 2023 Subjects: American Government  , Tires
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20471-20473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07249]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR), March 1, 2021,
through February 28, 2022. Interested parties are invited to comment on
these preliminary results of review.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll or 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) 482-4948 or (202) 482-6412, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2017, Commerce published in the Federal Register the
order on certain new pneumatic off-the-road (OTR) tires from India.\1\
On May 13, 2022, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of
the Order.\2\ On November 4, 2022, we extended the preliminary results
of this review to no later than March 31, 2023.\3\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
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\1\ See Certain Now Pneumatic Off-the-Road Tires from India:
Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 29280 (May 13, 2022).
\3\ See Memorandum, ``Certain New Pneumatic Off-the-Road Tires
from India: Extension of Deadline for the Preliminary Results of the
2021-2022 Antidumping Duty Administrative Review,'' dated November
4, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road Tires from India,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is certain new pneumatic off-
the-road tires, which are tires with an off road tires size
designation.\5\ The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.70.0010,
4011.62.0000, 4011.80.1010, 4011.80.1020, 4011.90.1050, 4011.70.0050,
4011.80.2010, 4011.80.8010, 4011.80.2020, 4011.80.8020, 8431.49.9038,
8431.49.9090, 8709.90.0020, and 8716.90.1020. Tires meeting the scope
description may also enter under the following HTSUS subheadings:
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 8431.39.0010,
8431.49.1090, 8431.49.9030, 8432.90.0020, 8432.90.0040, 8432.90.0050,
8432.90.0060, 8432.90.0081, 8433.90.5010, 8503.00.9560, 8708.70.0500,
8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5056 and
8716.90.5059. While HTSUS subheadings are provided for convenience and
customs purposes, the written description of the subject merchandise is
dispositive.
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\5\ For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. NV is calculated in accordance with section 773 of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
Appendix I 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
http://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.
[[Page 20472]]
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the period March
1, 2021, through February 28, 2022:
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\6\ Under section 735(c)(5)(A) of the Act, the all-others rate
is normally ``an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually examined, excluding any margins that are
zero or de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' For these preliminary
results, we have preliminarily calculated a weighted-average dumping
margin for these companies using the calculated rates of the
mandatory respondents which are not zero or de minimis, or
determined entirely on the basis of facts available.
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Weighted-
average
Producer or exporter dumping margin
(percent)
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ATC Tires Private Limited............................... 1.32
Asian Tire Factory Ltd.................................. 8.91
Companies Not Selected for Individual Review \6\........ 1.65
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Review-Specific Average Rate for Companies Not Selected for Individual
Review
The exporters or producers not selected for individual review are
listed in Appendix II.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries.\7\ Pursuant to 19 CFR 351.212(b)(1), because
both respondents reported the entered value for all of their 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 either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\7\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted average of the
cash deposit rates calculated for ATC Tires Private Limited (ATC) and
Asian Tire Factory Ltd. (ATF) excluding any which are zero, de minimis,
or determined entirely on adverse facts available. The final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the final results of this review
and for future deposits of estimated duties, where applicable.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by ATC or ATF for which
the reviewed companies did not know that the merchandise they 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.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the 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 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 cash deposit rate for the companies
listed above will be that established in the 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 covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit 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, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be zero percent, the all-others rate
established in the LTFV investigation.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ See Order, 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).
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Verification
On August 17, 2022, Titan Tire Corporation, the petitioner in this
proceeding, requested that Commerce conduct verification of the factual
information submitted by the respondents in this administrative
review.\10\ Accordingly, as provided in section 782(i)(3) of the Act,
Commerce intends to verify the information relied upon in determining
its final results.
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\10\ See Petitioner's Letter, ``Request for Verification,''
dated August 17, 2022.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\11\ Interested
parties may submit case briefs to Commerce no later than seven days
after the date on which the last verification report is issued in this
administrative review. Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than seven days after the time limit
for filing case briefs.\12\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\13\ Case and rebuttal briefs should be
filed using ACCESS.\14\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\11\ See 19 CFR 351.224(b).
\12\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS within 30 days after the date of publication of this notice.\16\
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Oral
[[Page 20473]]
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\17\
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\18\
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\18\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Review
1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\19\
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\19\ 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. Cavendish Industries Ltd.
4. CEAT Ltd.
5. Celle Tyre Corporation
6. Emerald Resilient Tyre Manufacturer
7. Forech India Private Limited
8. HRI Tires India
9. Innovative Tyres & Tubes Limited
10. JK Tyres and Industries Ltd.
11. K.R.M. Tyres
12. M/S. Caroline Furnishers Pvt. Ltd.
13. Mahansaria Tyres Private Limited
14. MRF Limited
15. MRL Tyres Limited (Malhotra Rubbers Ltd.)
16. OTR Laminated Tyres (I) Pvt. Ltd.
17. Rubberman Enterprises Pvt. Ltd.
18. Speedways Rubber Company
19. Sun Tyres & Wheel Systems
20. Sundaram Industries Private Limited
21. Superking Manufacturers (Tyre) Pvt., Ltd.
22. TVS Srichakra Limited
[FR Doc. 2023-07249 Filed 4-5-23; 8:45 am]
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