Certain New Pneumatic Off-the-Road Tires From India: Final Results of Antidumping Duty Administrative Review; 2022-2023

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-533-869]</DEPDOC> <SUBJECT>Certain New Pneumatic Off-the-Road Tires From India: Final Results of Antidumping Duty Administrative Review; 2022-2023</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines 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, 2022, through February 28, 2023. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable October 17, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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) 482-6412. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On April 5, 2024, Commerce published the <E T="03">Preliminary Results</E> and invited comments from interested parties. <SU>1</SU> <FTREF/> On May 16, 2024, Titan Tire Corporation (the petitioner), ATC Tires Private Limited/ATC AP Tires Private Limited (collectively, ATC), Asian Tire Factory Ltd./Lyallpur Rubber Mills (collectively, ATF), and Balkrishna Industries Ltd. submitted timely-filed case briefs. On May 23, 2024, the petitioner, ATC, and ATF submitted timely-filed rebuttal briefs. On July 3, 2024, Commerce extended the deadline for the final results until October 2, 2024. <SU>2</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>3</SU> <FTREF/> The deadline for the final results is now October 9, 2024. For a complete description of the events that occurred since the <E T="03">Preliminary Results, see</E> the Issues and Decision Memorandum. <SU>4</SU> <FTREF/> Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). <FTNT> <SU>1</SU>   <E T="03">See Certain New Pneumatic Off-the-Road Tires from India: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023,</E> 89 FR 23973 (April 5, 2024) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum (PDM). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Final Results of 2022-2023 Antidumping Duty Administrative Review,” dated July 3, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Results of the 2022-2023 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). </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="03">See Certain Now Pneumatic Off-the-Road Tires from India: Antidumping Duly Order,</E> 82 FR 12553 (March 6, 2017) ( <E T="03">Order</E> ). </FTNT> The merchandise subject to the <E T="03">Order</E> is certain new pneumatic off-the-road tires from India. For a full description of the scope of the <E T="03">Order, see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Analysis of Comments Received</HD> All issues raised in the case and rebuttal briefs are listed in the appendix to this notice and addressed in the Issues and Decision Memorandum. 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> Based on a review of the record and comments received from interested parties regarding our <E T="03">Preliminary Results,</E> we made certain changes to the margin calculations for ATC and ATF. <SU>6</SU> <FTREF/> <FTNT> <SU>6</SU>  For a full description of these changes, <E T="03">see</E> Issues and Decision Memorandum. </FTNT> <HD SOURCE="HD1">Rate for Companies Not Selected for Individual Examination</HD> The Act and Commerce's regulations do not address the rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. 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 <E T="03">de minimis</E> margins, and any margins determined entirely on the basis of facts available. In this review, we calculated weighted-average dumping margins of 2.62 percent and 2.76 percent for ATC and ATF, respectively, and we have assigned to the non-selected companies a rate of 2.63 percent, which is the weighted average of ATC and ATF's margins, weighted by their publicly ranged U.S. sales values. <SU>7</SU> <FTREF/> <FTNT> <SU>7</SU>  With two respondents under examination, Commerce normally calculates: (A) a weighted-average of the dumping margins calculated for the examined respondents; (B) a simple average of the dumping margins calculated for the examined respondents; and (C) a weighted-average of the dumping margins calculated for the examined respondents using each company's publicly ranged U.S. sale quantities 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. <E T="03">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,</E> 75 FR 53661, 53663 (September 1, 2010). <E T="03">See also</E> Memorandum, “Calculation of the Non-Selected Company Rate for the Final Results,” dated concurrently with this notice. </FTNT> <HD SOURCE="HD1">Final Results of Review</HD> For these final results, we determine the following estimated weighted-average dumping margins exist for the period March 1, 2022, through February 28, 2023: <FTREF/> <FTNT> <SU>8</SU>  The exporters or producers not selected for individual review are listed in Appendix II. </FTNT> <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,9"> <TTITLE> </TTITLE> <CHED H="1">Producer or exporter</CHED> <ENT I="01">ATC Tires Private Limited; ATC Tires AP Private Limited</ENT> <ENT>2.62</ENT> </ROW> <ROW> <ENT I="01">Asian Tire Factory Ltd.; Lyallpur Rubber Mills</ENT> <ENT>2.76</ENT> </ROW> <ROW> <ENT I="01"> Companies Not Selected for Individual Review  <SU>8</SU> </ENT> <ENT>2.63</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure</HD> Commerce intends to disclose the calculations performed for ATC and ATF in connection with these final results to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the <E T="04">Federal Register</E> , in accordance with 19 CFR 351.224(b). <HD SOURCE="HD1">Assessment Rates</HD> 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 <E T="03">ad valorem</E> 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 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 <E T="03">de minimis</E> within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or <E T="03">de minimis,</E> we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 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 T="03">e.g.,</E> 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 i ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━