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Certain New Pneumatic Off-the-Road Tires From India: Final Results of Antidumping Duty Administrative Review; 2021-2022 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 12 October 2023 Subjects: American Government  , Tires
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[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70640-70643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22452]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Final
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) finds that certain
producers/exporters subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR) March 1, 2021, through February 28, 2022.
DATES: Applicable October 12, 2023.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Caroline
Carroll, 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) 482-6412
or (202) 482-4948, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 70641]]
Background
On April 6, 2023, Commerce published the Preliminary Results.\1\ On
June 26, 2023, Commerce extended the time period for issuing the final
results of this review until October 3, 2023.\2\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\3\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 20471 (April 6, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated June 26,
2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Order 4
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\4\ See Certain Now Pneumatic Off-the-Road Tires from India:
Antidumping Duly Order, 82 FR 12553 (March 6, 2017) (Order).
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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
Preliminary Results PDM.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice in Appendix I. The Issues and
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 https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the margin calculations for ATC and ATF.\6\
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\6\ For a full description of changes, see Issues and Decision
Memorandum.
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Rates for Companies Not Selected for Individual Examination
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance for calculating the rate for companies
which were not selected for individual examination in an administrative
review. 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 investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .''
In this review, we calculated weighted-average dumping margins of
2.29 percent and 8.57 percent for ATC and ATF, respectively. With two
respondents under individual examination, Commerce normally calculates:
(A) a weighted-average of the estimated dumping rates calculated for
the examined respondents; (B) a simple average of the estimated dumping
rates calculated for the examined respondents; and (C) a weighted-
average of the estimated dumping rates calculated for the examined
respondents using each company's publicly-ranged U.S. sale values for
the merchandise under consideration. Commerce then compares (B) and (C)
to (A) and selects the rate closest to (A) as the most appropriate rate
for all other producers and exporters.\7\
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\7\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010).
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Consistent with our practice, we have determined that 2.56 percent,
which is the weighted average of ATC and ATF's margins based on
publicly ranged data, will be assigned to the non-examined companies
under section 735(c)(5)(A) of the Act.\8\ These companies are listed in
Appendix II.
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\8\ See Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Selected Companies,'' dated concurrently with this notice.
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Final Results of Review
As a result of this review, we determine the following estimated
weighted-average dumping margins for the period March 1, 2021, through
February 28, 2022:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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ATC Tires Pvt. Ltd.......................................... 2.29
Asian Tire Factory Ltd...................................... 8.57
Companies Not Selected for Individual Review \9\............ 2.56
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Disclosure
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\9\ The exporters or producers not selected for individual
review are listed in Appendix II.
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Commerce intends to disclose the calculations performed for ATC and
ATF in connection with these final results to interested parties within
five days of the date of publication of this notice, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), because ATC reported the entered
value of its 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. ATF did not report the
actual entered value for its U.S. sales; thus, we calculated importer-
specific per-unit duty assessment rates by aggregating the total amount
of
[[Page 70642]]
antidumping duties calculated for the examined sales and dividing this
amount by the total quantity of those sales. 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
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For the companies not selected for individual review, we used an
assessment rate based on the weighted average of the cash deposit rates
calculated for ATC and ATF. 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 the
future deposits of estimated duties where applicable.\10\
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\10\ 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 cash 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
covered in this review will be equal to the weighted-average dumping
margin that is 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 listed above, the cash deposit rate will continue to be
the company-specific 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 original
less-than-fair-value (LTFV) investigation, but the manufacturer is, the
cash deposit rate will be the cash deposit rate established for the
most recently completed segment for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be zero percent, the all-others rate
established in the LTFV investigation.\11\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\11\ 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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Notification to Importers
This notice serves as a final reminder to importers 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Reconsider its Differential
Pricing Analysis
Comment 2: Whether Commerce Should Make an Export Subsidy
Adjustment for ATC
Comment 3: Whether to Deduct Countervailing Duties in the Net
U.S. Price Calculation for ATC
Comment 4: Whether to Grant a Constructed Export Price (CEP)
Offset for ATC
Comment 5: Whether Commerce Should Deduct Certain Duties ATC
Reported from its Home Market Gross Unit Price
Comment 6: Assigning YOHTA as Importer for ATC
Comment 7: Miscellaneous Verification Issues for ATC
Comment 8: Treatment of ATF's Billing Adjustments as Freight
Revenue
Comment 9: Inclusion of Certain Expenses in ATF's U.S. Duties
Comment 10: Whether Upward Adjustments to ATF's U.S Gross Unit
Price for Duty Drawback or Certain Other Programs are Warranted
Comment 11: Exclusion of Balkrishna Industries Ltd.'s (BKT's)
Sales
Comment 12: ATC's General and Administrative (G&A) Expenses
Comment 13: ATC's Purchases of Electricity from Affiliated
Parties
Comment 14: Whether ATC's Duties Paid on Raw Materials Should be
Treated as Direct Selling Expenses
Comment 15: Interest Expense Adjustment for ATF
V. Recommendation
Appendix II--List of Companies Not Selected for Individual Examination
Receiving the Review-Specific Rate
1. Apollo Tyres Ltd.
2. Balkrishna Industries Ltd.\12\
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\12\ 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. Celite Tyre Corporation \13\
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\13\ The name of this company was incorrectly listed as Celle
Tyre Corporation in the Preliminary Results. See Preliminary
Results, 88 FR at 20473.
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6. Emerald Resilient Tyre Manufacturer
7. Forech India Private Limited
8. HRI Tires India
9. Innovative Tyres & Tubes Limited
[[Page 70643]]
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. 2023-22452 Filed 10-11-23; 8:45 am]
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