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Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2021 Publication: Federal Register Agency: International Trade Administration Byline: Abdelali Elouaradia Date: 5 April 2023 Subjects: American Government  , Tires
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20125-20127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07086]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-870]
Certain New Pneumatic Off-the-Road Tires From India: Preliminary
Results of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and/or exporters of certain new pneumatic off-the-road tires (OTR
tires) from India, during the period of review (POR) January 1, 2021,
through December 31, 2021. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable April 5, 2023.
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 May 9, 2022, Commerce initiated this administrative review of
the countervailing duty order on OTR tires from India.\1\ The mandatory
company respondents are ATC Tires Private Limited (ATC) and Balkrishna
Industries Ltd. (BKT). On November 21, 2022, Commerce extended the time
limit for these preliminary results to March 31, 2023.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 29280 (May 13, 2022).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Review,'' dated November 21, 2022.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\3\ A
list of topics discussed in the Preliminary Decision Memorandum is
included 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 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.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, Off-the-
Road Tires from India; 2021,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is OTR tires. OTR tires are
tires with an off road tire size designation. The tires included in the
scope may be either tube-type or tubeless, radial, or non-radial,
regardless of whether for original equipment manufacturers or the
replacement market. For a complete description of the scope of this
order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs preliminarily found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution from an authority that gives
rise to a benefit to the recipient and that the subsidy is specific.\4\
For a full description of the methodology underlying Commerce's
preliminary conclusions, see the Preliminary Decision Memorandum.
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\4\ See 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.
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Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under
[[Page 20126]]
subparagraph (A) shall be used to determine the all-others rate under
section 705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act
states that for companies not investigated, in general, we will
determine an all-others rate by weight averaging the countervailable
subsidy rates established for each of the companies individually
investigated, excluding zero and de minimis rates or any rates based
solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\5\ We preliminarily determine that ATC and BKT received
countervailable subsidies that are above de minimis and are not based
entirely on facts available. Therefore, we preliminarily determine to
apply the weighted average of the net subsidy rates calculated for ATC
and BKT using publicly ranged sales data submitted by those respondents
to the non-selected companies.\6\ The companies for which a review was
requested, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent, are listed in
Appendix II.
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\5\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
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Preliminary Results of Review
Commerce preliminarily determines the net countervailable subsidy
rates exist for the period January 1, 2021, through December 31, 2021:
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\7\ This rate applies to ATC and ATC Tires AP Private Ltd.
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Subsidy rate
Company (percent ad
valorem)
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ATC Tires Private Limited \7\........................... 1.57
Balkrishna Industries Ltd............................... 1.00
Companies Not Selected for Individual Review............ 1.29
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Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily
assigned a subsidy rate in the amount for the producer/exporter shown
above. Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. 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 Rates
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits in the amounts indicated for the
producer/exporter listed above with regard to shipments of 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, CBP will continue to collect cash deposits of
estimated countervailable duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in reaching the preliminary results within five days of
publication of these preliminary results, in accordance with 19 CFR
351.224(b).
Public Comment
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance.\8\ A timeline for
the submission of case and rebuttal briefs and written comments will be
provided to interested parties at a later date.
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\8\ See 19 CFR 351.309(c) and (d).
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Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to
submit case or rebuttal briefs in this review are requested to submit
for each argument: (1) a statement of the issue; (2) a brief summary of
the argument; and (3) a table of authorities. All briefs must be filed
electronically using ACCESS. Note that Commerce has modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\9\
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\9\ 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, limited to issues raised in the case and rebuttal
briefs, must do so within 30 days after the date of publication of this
notice by submitting a written request to the Assistant Secretary for
Enforcement and Compliance.\10\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants and whether a participant is a foreign national; and (3) a
list of the issues to be discussed. If a hearing request 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.
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\10\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, which will include the
results of Commerce's analysis of the issues raised in the case briefs,
within 120 days after the date of the preliminary results, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: March 30, 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. Period of Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring the Adequacy of Remuneration
VIII. Analysis of Programs
IX. Recommendation
Appendix II
List of Companies Not Selected for Individual Review
Apollo Tyres Ltd.
Asian Tire Factory Ltd.
Cavendish Industries Ltd.
CEAT Ltd.
Celite Tyre Corporation
Emerald Resilient Tyre Manufacturer
HRI Tires India
Innovative Tyres & Tubes Limited
JK Tyres and Industries Ltd.
K.R.M. Tyres
[[Page 20127]]
M/S. Caroline Furnishers Pvt Ltd.
MRF Limited
MRL Tyres Limited (Malhotra Rubbers Ltd.)
OTR Laminated Tyres (I) Pvt. Ltd.
Rubberman Enterprises Pvt. Ltd.
Sheetla Polymers
Speedways Rubber Company
Sun Tyres & Wheel Systems
Sundaram Industries Private Limited
Superking Manufacturers (Tyre) Pvt., Ltd.
TVS Srichakra Limited
[FR Doc. 2023-07086 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P