Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain New Pneumatic Off-The-Road Tires from India

Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2023

DATES:

Applicable July 11, 2025.

SUPPLEMENTARY INFORMATION:

Background

On May 8, 2024, Commerce published the initiation of this administrative review of the countervailing duty order on OTR tires from India. ⁽¹⁾ Commerce selected ATC Tires Pvt. Ltd., (ATC) and Balkrishna Industries India Ltd. (BKT) as the mandatory respondents in this administrative review. ⁽²⁾ On November 27, 2024, Commerce extended the deadline for the preliminary results by 120 days in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). ⁽³⁾ Additionally, on December 9, 2024, Commerce tolled the deadline to issue the preliminary results in this review by 90 days. ⁽⁴⁾ The deadline for the preliminary results of this administrative review is now July 7, 2025.

For a complete description of the events that followed the initiation of the review, see the Preliminary Decision Memorandum. ⁽⁵⁾ 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.

Scope of the Order  ⁽⁶⁾

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 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. ⁽⁷⁾ For a full description of the methodology underlying Commerce's preliminary conclusions, including Commerce's reliance on facts available pursuant to section 776(a) of the Act, see the Preliminary Decision Memorandum.

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 subparagraph (A) shall be used to determine the all-others rate under section 705(c)(5) {of the Act}." 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. ⁽⁸⁾ We preliminarily determine that ATC and BKT received countervailable subsidies that are above de minimis and are not based entirely on facts available. Accordingly, for these preliminarily results, we are applying a simple average of the subsidy rates calculated for ATC and BKT because we do not have public ranged data on the record at this time. ⁽⁹⁾ However, Commerce intends to solicit this information for use in the final results. The companies for which a review was requested, which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent, are listed in Appendix II.

Preliminary Results of Review

As a result of this review, Commerce preliminarily determines the net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

Disclosure

Commerce intends to disclose its calculations and analysis performed to interested parties for these preliminary results 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 accordance with 19 CFR 351.224(b).

Public Comment

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce no later than 21 days after the date of the publication of this notice. ⁽¹²⁾ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. ⁽¹³⁾ Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. ⁽¹⁴⁾

As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. ⁽¹⁵⁾ Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). ⁽¹⁶⁾

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. Hearing requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time, within 30 days of the publication date of this notice. If a request for a hearing is made, parties will be notified of the time and date of the hearing. ⁽¹⁷⁾

Assessment Rates

In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily assigned a subsidy rate in the amount for the producers/exporters shown above. Upon issuance of the final results, 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 Requirements

In accordance with section 751(a)(2)(C) of the Act, Commerce also intends upon publication of the final results, to instruct CBP to collect cash deposits of the estimated countervailing duties in the amounts calculated in the final results of this review for the respective companies 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. If the rate calculated in the final results is zero or de minimis, no cash deposit will be required on shipments of the 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 countervailing 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.

Final Results of Review

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 of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4).

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. Diversification of India's Economy

VI. Rate for Non-Selected Companies

VII. Use of Facts Otherwise Available and Adverse Inference

VIII. Subsidies Valuation

IX. Interest Rate Benchmarks, Discount Rates, and Benchmarks for Measuring the Adequacy of Remuneration

X. Analysis of Programs

XI. Recommendation

Appendix II

List of Companies Not Selected for Individual Review

1. A.M. Pinard & Fils Inc

2. Aakriti Manufacturing Pvt. Ltd.

3. Ammann India Private Limited

4. Apollo Tyres Ltd.

5. Asian Tire Factory Limited.

6. Asiatic Tradelinks Private Limited.

7. Carrier Wheels Private Limited.

8. Cavendish Industries Ltd.

9. Ceat Ltd.

10. Celite Tyre Corporation.

11. Emerald Resilient Tyre Manufacturer.

12. Forech India Private Limited.

13. HRI Tires India.

14. Innovative Tyres & Tubes Limited.

15. JCB Service Ltd.

16. JK Tyre & Industries Ltd.

17. John Deere India Pvt. Ltd.

18. K.R.M. Tyres.

19. Mahansaria Tyres Private Limited.

20. MRF Limited.

21. MRL Tyres Limited (Malhotra Rubbers Ltd.).

22. Neosym Industry Limited.

23. OTR Laminated Tyres (I) Pvt. Ltd.

24. Ralson Tyres Limited

25. Royal Tyres Private Limited.

26. Rubberman Enterprises Pvt. Ltd.

27. Speedways Rubber Company.

28. Sun Tyre And Wheel Systems.

29. Sundaram Industries Private Limited.

30. Superking Manufacturers (Tyre) Pvt., Ltd.

31. TVS Srichakra Limited.

32. Tyre Experts LLP

33. Ultra Mile.

[FR Doc. 2025-12948 Filed 7-10-25; 8:45 am]

BILLING CODE 3510-DS-P

⁽¹⁾ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 38867 (May 8, 2024).

⁽²⁾ See Memorandum, "Respondent Selection," dated August 15, 2024.

⁽³⁾ See Memorandum, "Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review," dated November 27, 2024.

⁽⁴⁾ See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated December 9, 2024.

⁽⁵⁾ See Memorandum, "Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Off-the-Road Tires from India; 2023," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

⁽⁶⁾ See Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders, 82 FR 12556 (March 6, 2017) ( Order ).

⁽⁷⁾ 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.

⁽⁸⁾ See, e.g., Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 37387 (June 29, 2010).

⁽⁹⁾ See Preliminary Decision Memorandum at the section, "Rate for Non-Selected Companies."

⁽¹⁰⁾  As discussed in the Preliminary Decision Memorandum, Commerce preliminarily finds ATC Tires AP Private Ltd to be cross-owned with ATC.

⁽¹¹⁾ See Appendix II for the list of these companies.

⁽¹²⁾ See 19 CFR 351.309.

⁽¹³⁾ See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Final Rule ).

⁽¹⁴⁾ See 19 CFR 351.309(c)(2) and (d)(2).

⁽¹⁵⁾  We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

⁽¹⁶⁾ See APO and Service Final Rule.

⁽¹⁷⁾ See 19 CFR 351.310(d).