82 FR 25598 - Certain New Pneumatic Off-the-Road Tires From India: Notice of Correction to Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 105 (June 2, 2017)
International Trade Administration
Federal Register Volume 82, Issue 105 (June 2, 2017)
| Page Range | 25598-25599 | |
| FR Document | 2017-11424 |
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)] [Notices] [Pages 25598-25599] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11424] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-869] Certain New Pneumatic Off-the-Road Tires From India: Notice of Correction to Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202) 482-4852, respectively. SUPPLEMENTARY INFORMATION: Background On March 6, 2017, the Department of Commerce (Department) published the Antidumping Duty Order on certain new pneumatic off-the-road tires from India.\1\ In the Antidumping Duty Order, the Department inadvertently omitted a statement to explain that Balkrishna Industries Limited (BKT) is partially excluded from the Antidumping Duty Order. --------------------------------------------------------------------------- \1\ See Certain New Pneumatic Off-the-Road Tires from India: Antidumping Duty Order, 82 FR 12553 (March 6, 2017) (Antidumping Duty Order). --------------------------------------------------------------------------- Correction Because the Department calculated a weighted-average antidumping duty margin of zero percent for BKT in the Final Determination,\2\ which was unchanged in the Amended Final Determination,\3\ BKT is partially excluded from the Antidumping Duty Order. Therefore, we are correcting the Antidumping Duty Order to specify that merchandise produced and exported by BKT is excluded from the Order. This exclusion does not apply to merchandise produced by BKT and exported by any other company or merchandise produced by any other company and exported by BKT. Resellers of merchandise produced by BKT, are also not entitled to this exclusion. The sections explaining the suspension of liquidation and listing the weighted-average antidumping duty margins and cash deposit rates should have appeared as follows: --------------------------------------------------------------------------- \2\ See Certain New Pneumatic Off-the-Road Tires From India: Final Negative Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, 82 FR 4848, 4849 (January 17, 2017) (``Final Determination''). \3\ 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 9056, 9058 (February 2, 2017) (Amended Final Determination). --------------------------------------------------------------------------- Antidumping Duty Order In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Tariff Act of 1930, as amended (the Act), the International Trade Commission (ITC) notified the Department of its final determination that the industry in the United States producing off road tires is materially injured by reason of the less-than-fair value imports of off road tires from India.\4\ Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order. --------------------------------------------------------------------------- \4\ See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding off the road tires from the India and Sri Lanka (February 23, 2017). See also Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka, Investigation Nos. 701-TA-552-553 and 731-TA- 1308 (Final), USITC Publication 4669 (February 2017). --------------------------------------------------------------------------- As a result of the ITC's final determination, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of off-road tires from India, which specifically excludes merchandise exported and produced by BKT. Antidumping duties will be assessed on unliquidated entries of off road tires from India entered, or withdrawn from warehouse, for consumption on or after February 2, 2017, the date of publication of the Amended Final Determination.\5\ --------------------------------------------------------------------------- \5\ See Amended Final Determination, 82 FR at 9056. --------------------------------------------------------------------------- Continuation of Suspension of Liquidation, in Part In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to continue to suspend liquidation on all relevant entries of off road tires from India. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins listed below.\6\ The all-others rate applies to all producers or exporters not specifically listed. For the purposes of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from India have been adjusted for export subsidies found in the amended final determination of the companion countervailing duty investigation of this merchandise (i.e., 4.72 percent).\7\ --------------------------------------------------------------------------- \6\ See Section 736(a)(3) of the Act. \7\ 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). --------------------------------------------------------------------------- Because the estimated weighted-average dumping margin for BKT's producer and exporter combination is zero, the Department is directing U.S. Customs and Border Protection not to suspend liquidation of entries of subject merchandise where BKT acted as both the producer and exporter. Entries of subject merchandise exported to the United States by any other producer and exporter combination are not entitled to this exclusion from suspension of liquidation and are subject to the cash deposit rate for the all-others entity. Estimated Weighted-Average Dumping Margins The estimated weighted-average antidumping duty margin percentages are as follows: [[Page 25599]] ---------------------------------------------------------------------------------------------------------------- Cash deposit Weighted- rate adjusted Exporter/producer average for subsidy dumping margin offset (percent) (percent) -------------------------------------------------------------------------------------------------- ATC Tires Private Ltd............................................. 3.67 0.00 All-Others........................................................ 3.67 0.00 ---------------------------------------------------------------------------------------------------------------- This correction to the Antidumping Duty Order is issued and published in accordance with section 736(a) of the Act. Dated: May 26, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-11424 Filed 6-1-17; 8:45 am] BILLING CODE 3510-DS-P
![25598 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices
preparing for the public hearing on the excluded from the Antidumping Duty withdrawn from warehouse, for
investigation scheduled for June 22, Order. consumption on or after February 2,
2017. Moving the deadline for all 2017, the date of publication of the
Correction
written submissions to June 23, 2017 Amended Final Determination.5
will enable the Commerce Department Because the Department calculated a
weighted-average antidumping duty Continuation of Suspension of
to more expeditiously finalize the
margin of zero percent for BKT in the Liquidation, in Part
report, taking account of the time-
sensitive nature of the national security Final Determination,2 which was In accordance with section
implications related to this section 232 unchanged in the Amended Final 735(c)(1)(B) of the Act, the Department
investigation of aluminum, and of the Determination,3 BKT is partially will instruct CBP to continue to suspend
President’s direction to move quickly on excluded from the Antidumping Duty liquidation on all relevant entries of off
this important matter. The Commerce Order. Therefore, we are correcting the road tires from India. These instructions
Department has included one additional Antidumping Duty Order to specify that suspending liquidation will remain in
day after the hearing concludes to allow merchandise produced and exported by effect until further notice.
people who attend or view remotely the BKT is excluded from the Order. This
We will also instruct CBP to require
hearing to submit any additional exclusion does not apply to
cash deposits equal to the estimated
comments they may have in response to merchandise produced by BKT and
weighted-average dumping margins
testimony during the hearing. exported by any other company or
indicated below. Accordingly, effective
merchandise produced by any other
Dated: May 31, 2017. on the date of publication of the ITC’s
company and exported by BKT.
Wilbur Ross, final affirmative injury determinations,
Resellers of merchandise produced by
Secretary of Commerce. CBP will require, at the same time as
BKT, are also not entitled to this
[FR Doc. 2017–11557 Filed 5–31–17; 4:15 pm] importers would normally deposit
exclusion. The sections explaining the
estimated duties on this subject
BILLING CODE 3510–33–P suspension of liquidation and listing the
merchandise, a cash deposit equal to the
weighted-average antidumping duty
estimated weighted-average
margins and cash deposit rates should
DEPARTMENT OF COMMERCE antidumping duty margins listed
have appeared as follows:
below.6 The all-others rate applies to all
International Trade Administration Antidumping Duty Order producers or exporters not specifically
In accordance with sections listed. For the purposes of determining
[A–533–869]
735(b)(1)(A)(i) and 735(d) of the Tariff cash deposit rates, the estimated
Certain New Pneumatic Off-the-Road Act of 1930, as amended (the Act), the weighted-average dumping margins for
Tires From India: Notice of Correction International Trade Commission (ITC) imports of subject merchandise from
to Antidumping Duty Order notified the Department of its final India have been adjusted for export
determination that the industry in the subsidies found in the amended final
AGENCY: Enforcement and Compliance, determination of the companion
United States producing off road tires is
International Trade Administration, countervailing duty investigation of this
materially injured by reason of the less-
Department of Commerce. merchandise (i.e., 4.72 percent).7
than-fair value imports of off road tires
FOR FURTHER INFORMATION CONTACT: Lilit from India.4 Therefore, in accordance Because the estimated weighted-
Astvatsatrian or Trisha Tran, AD/CVD with section 735(c)(2) of the Act, we are average dumping margin for BKT’s
Operations, Office IV, Enforcement and publishing this antidumping duty order. producer and exporter combination is
Compliance, International Trade As a result of the ITC’s final zero, the Department is directing U.S.
Administration, U.S. Department of determination, in accordance with Customs and Border Protection not to
Commerce, 1401 Constitution Avenue section 736(a)(1) of the Act, the suspend liquidation of entries of subject
NW., Washington, DC 20230; telephone: Department will direct U.S. Customs merchandise where BKT acted as both
(202) 482–6412 or (202) 482–4852, and Border Protection (CBP) to assess, the producer and exporter. Entries of
respectively. upon further instruction by the subject merchandise exported to the
SUPPLEMENTARY INFORMATION: Department, antidumping duties equal United States by any other producer and
to the amount by which the normal exporter combination are not entitled to
Background value of the merchandise exceeds the this exclusion from suspension of
On March 6, 2017, the Department of export price (or constructed export liquidation and are subject to the cash
Commerce (Department) published the price) of the merchandise, for all deposit rate for the all-others entity.
Antidumping Duty Order on certain new relevant entries of off-road tires from Estimated Weighted-Average Dumping
pneumatic off-the-road tires from India.1 India, which specifically excludes Margins
In the Antidumping Duty Order, the merchandise exported and produced by
Department inadvertently omitted a BKT. Antidumping duties will be The estimated weighted-average
statement to explain that Balkrishna assessed on unliquidated entries of off antidumping duty margin percentages
Industries Limited (BKT) is partially road tires from India entered, or are as follows:
1 See Certain New Pneumatic Off-the-Road Tires India and Countervailing Duty Orders, 82 FR 9056, 552–553 and 731–TA–1308 (Final), USITC
from India: Antidumping Duty Order, 82 FR 12553 9058 (February 2, 2017) (Amended Final Publication 4669 (February 2017).
nlaroche on DSK30NT082PROD with NOTICES
(March 6, 2017) (Antidumping Duty Order). Determination). 5 See Amended Final Determination, 82 FR at
2 See Certain New Pneumatic Off-the-Road Tires 4 See Letter to Ronald Lorentzen, Acting Assistant
9056.
From India: Final Negative Determination of Sales Secretary of Commerce for Enforcement and 6 See Section 736(a)(3) of the Act.
at Less Than Fair Value and Final Determination Compliance, from Rhonda K. Schmidtlein,
7 See Certain New Pneumatic Off-the-Road Tires
of Critical Circumstances, 82 FR 4848, 4849 Chairman of the U.S. International Trade
(January 17, 2017) (‘‘Final Determination’’). Commission, regarding off the road tires from the from India and Sri Lanka: Amended Final
3 See Certain New Pneumatic Off-the-Road Tires India and Sri Lanka (February 23, 2017). See also Affirmative Countervailing Duty Determination for
from India and Sri Lanka: Amended Final Certain New Pneumatic Off-the-Road Tires from India and Countervailing Duty Orders, 82 FR 12556
Affirmative Countervailing Duty Determination for India and Sri Lanka, Investigation Nos. 701–TA– (March 6, 2017).
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![Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices 25599
Weighted- Cash deposit
average rate adjusted
Exporter/producer dumping for subsidy
margin offset
(percent) (percent)
ATC Tires Private Ltd .............................................................................................................................................. 3.67 0.00
All-Others ................................................................................................................................................................. 3.67 0.00
This correction to the Antidumping Commerce (the Department) is Background
Duty Order is issued and published in automatically initiating the five-year
accordance with section 736(a) of the reviews (Sunset Reviews) of the The Department’s procedures for the
Act. antidumping and countervailing duty conduct of Sunset Reviews are set forth
(AD/CVD) order(s) listed below. The in its Procedures for Conducting Five-
Dated: May 26, 2017. Year (‘‘Sunset’’) Reviews of
Ronald K. Lorentzen,
International Trade Commission (the
Commission) is publishing concurrently Antidumping and Countervailing Duty
Acting Assistant Secretary for Enforcement Orders, 63 FR 13516 (March 20, 1998)
and Compliance.
with this notice its notice of Institution
of Five-Year Reviews which covers the and 70 FR 62061 (October 28, 2005).
[FR Doc. 2017–11424 Filed 6–1–17; 8:45 am] Guidance on methodological or
same order(s).
BILLING CODE 3510–DS–P analytical issues relevant to the
DATES: Effective June 2, 2017.
Department’s conduct of Sunset
FOR FURTHER INFORMATION CONTACT: The Reviews is set forth in Antidumping
DEPARTMENT OF COMMERCE Department official identified in the Proceedings: Calculation of the
Initiation of Review section below at Weighted-Average Dumping Margin and
International Trade Administration AD/CVD Operations, Enforcement and Assessment Rate in Certain
Compliance, International Trade Antidumping Duty Proceedings; Final
Initiation of Five-Year (Sunset)
Administration, U.S. Department of Modification, 77 FR 8101 (February 14,
Reviews
Commerce, 1401 Constitution Avenue 2012).
AGENCY: Enforcement and Compliance, NW., Washington, DC 20230. For
International Trade Administration, information from the Commission Initiation of Review
Department of Commerce. contact Mary Messer, Office of In accordance with 19 CFR
SUMMARY: In accordance with section Investigations, U.S. International Trade 351.218(c), we are initiating Sunset
751(c) of the Tariff Act of 1930, as Commission at (202) 205–3193. Reviews of the following antidumping
amended (the Act), the Department of SUPPLEMENTARY INFORMATION: and countervailing duty order(s):
DOC case No. ITC case No. Country Product Department contact
A–351–809 ................. 731–TA–532 .............. Brazil .......................... Circular Welded Non-Alloy Steel Pipe (4th Jacqueline Arrowsmith
Review). (202) 482–5255.
A–533–502 ................. 731–TA–271 .............. India ........................... Welded Carbon Steel Pipe and Tube (4th Robert James (202)
Review). 482–0649.
A–475–828 ................. 731–TA–865 .............. Italy ............................ Stainless Steel Butt-Weld Pipe Fittings (4th Jacqueline Arrowsmith
Review). (202) 482–5255.
A–557–809 ................. 731–TA–866 .............. Malaysia ..................... Stainless Steel Butt-Weld Pipe Fittings (3rd Jacqueline Arrowsmith
Review). (202) 482–5255.
A–201–805 ................. 731–TA–534 .............. Mexico ........................ Circular Welded Non-Alloy Steel Pipe (4th Jacqueline Arrowsmith
Review). (202) 482–5255.
A–565–801 ................. 731–TA–867 .............. Philippines .................. Stainless Steel Butt-Weld Pipe Fittings (3rd Jacqueline Arrowsmith
Review). (202) 482–5255.
A–580–809 ................. 731–TA–533 .............. Republic of Korea ...... Circular Welded Non-Alloy Steel Pipe (4th Jacqueline Arrowsmith
Review). (202) 482–5255.
A–583–008 ................. 731–TA–132 .............. Taiwan ....................... Certain Circular Welded Carbon Steel Pipes Jacqueline Arrowsmith
and Tubes (4th Review). (202) 482–5255.
A–549–502 ................. 731–TA–252 .............. Thailand ..................... Certain Circular Welded Carbon Steel Pipes Jacqueline Arrowsmith
and Tubes (4th Review). (202) 482–5255.
A–489–501 ................. 731–TA–273 .............. Turkey ........................ Certain Circular Welded Carbon Steel Pipes Robert James (202)
and Tubes (4th Review). 482–0649.
C–489–502 ................ 701–TA–253 .............. Turkey ........................ Certain Circular Welded Carbon Steel Pipes Robert James (202)
and Tubes (4th Review). 482–0649.
nlaroche on DSK30NT082PROD with NOTICES
Filing Information revocations and continuations, and Department’s regulations regarding
As a courtesy, we are making current service lists, available to the format, translation, and service of
information related to sunset public on the Department’s Web site at documents. These rules, including
proceedings, including copies of the the following address: http:// electronic filing requirements via
pertinent statute and Department’s enforcement.trade.gov/sunset/. All Enforcement and Compliance’s
regulations, the Department’s schedule submissions in these Sunset Reviews Antidumping and Countervailing Duty
for Sunset Reviews, a listing of past must be filed in accordance with the Centralized Electronic Service System
VerDate Sep<11>2014 14:31 Jun 01, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1](https://thefederalregister.org/doc/82_FR_25703/page/2.svg)
Document Created: 2017-06-02 00:37:50
Document Modified: 2017-06-02 00:37:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Lilit Astvatsatrian or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202) 482-4852, respectively. | |
| FR Citation | 82 FR 25598 |
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