82_FR_9077 82 FR 9056 - Certain New Pneumatic Off-the-Road Tires From India: Affirmative Amended Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

82 FR 9056 - Certain New Pneumatic Off-the-Road Tires From India: Affirmative Amended Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 21 (February 2, 2017)

Page Range9056-9058
FR Document2017-02325

The Department of Commerce (Department) is amending its final negative determination of sales at less-than-fair-value (LTFV) with respect to certain new pneumatic off-the-road tires (OTR tires) from India to correct ministerial errors in the calculation of the weighted- average dumping margin of Alliance Tires Private Limited (ATC), one of the mandatory respondents in the investigation. Correction of these errors results in a revised margin for ATC that is above de minimis, and, thus, also results in an affirmative determination of sales at LTFV. The Department is also assigning a new ``All-Others'' rate.

Federal Register, Volume 82 Issue 21 (Thursday, February 2, 2017)
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9056-9058]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02325]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Affirmative 
Amended Final Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) is amending its final 
negative determination of sales at less-than-fair-value (LTFV) with 
respect to certain new pneumatic off-the-road tires (OTR tires) from 
India to correct ministerial errors in the calculation of the weighted-
average dumping margin of Alliance Tires Private Limited (ATC), one of 
the mandatory respondents in the investigation. Correction of these 
errors results in a revised margin for ATC that is above de minimis, 
and, thus, also results in an affirmative determination of sales at 
LTFV. The Department is also assigning a new ``All-Others'' rate.

DATES: Effective February 2, 2017.

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 January 6, 2017, the Department publicly announced its Final 
Determination \1\ in the LTFV investigation on OTR tires from India. On 
January 9, 2017, Petitioners \2\ alleged

[[Page 9057]]

that the Department made certain ministerial errors related to the 
application of partial adverse facts available (AFA) in the Final 
Determination.\3\ On January 17, 2017, ATC submitted its rebuttal 
comments.\4\
---------------------------------------------------------------------------

    \1\ 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 (January 
17, 2017) (Final Determination), and accompanying Issues and 
Decision Memorandum (Final IDM).
    \2\ Petitioners are Titan Tire Corporation and the United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union, AFL-CIO, CLC (the USW).
    \3\ See Letter from Petitioners, ``Certain New Pneumatic Off-
the-Road Tires from India: Petitioners' Ministerial Error Comments 
regarding ATC,'' dated January 9, 2017 (Petitioners' Comments).
    \4\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road 
Tires from India: ATC Tires Private Limited's Reply to Petitioners' 
Ministerial Error Comments,'' dated January 17, 2017 (ATC's Rebuttal 
Comments).
---------------------------------------------------------------------------

    Based on an analysis of the allegations submitted by Petitioners, 
the Department determined that it did not make ministerial errors with 
respect to the application of partial AFA, as defined by section 735(e) 
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.224(f).\5\ However, in the context of evaluating Petitioner's 
allegation, the Department determined that it made ministerial errors 
within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) 
with respect to ATC's freight expenses, home market credit expenses and 
U.S. indirect selling expenses.\6\ Accordingly, the Department revised 
the margin calculation for ATC, and assigned a new ``All-Others'' rate, 
as discussed below.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Antidumping Duty Investigation on Certain 
New Pneumatic Off-the-Road Tires from India: Allegation of 
Ministerial Errors in the Final Determination,'' dated January 26, 
2017 and hereby adopted by this notice (Ministerial Error 
Memorandum).
    \6\ Id.
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are OTR tires from 
India. For a complete description of the scope of the investigation, 
see Appendix I of this notice.

Ministerial Errors

    Section 735(e) of the Act, and 19 CFR 351.224(f) define a 
``ministerial error'' as an error ``in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any similar type of unintentional error 
which the Secretary considers ministerial.'' \7\
---------------------------------------------------------------------------

    \7\ See section 735(e) of the Act.
---------------------------------------------------------------------------

    The Department finds that the purported errors alleged by 
Petitioners' do not constitute ministerial errors within the meaning of 
19 CFR 351.224(f).\8\ Specifically, the Department did not state that 
it intended to determine, as partial AFA, that 66 percent of the value 
of ATC's U.S. sales passed the Cohen's d test in order to apply the 
average-to-transaction methodology.\9\ The Department intentionally 
applied partial AFA to the standard average-to-average differential 
pricing methodology in the final margin program because 65.33 percent 
of the value of ATC's U.S. sales passed the Cohen's d test, and the 
mixed methodology margin did not result in a meaningful difference 
between the standard and mixed methodology margins.\10\ Moreover, the 
Department did not intend, as Petitioners allege, to apply partial AFA 
to all three methodologies, prior to determining whether there was a 
meaningful difference.\11\
---------------------------------------------------------------------------

    \8\ See Ministerial Error Memorandum.
    \9\ Id.; see also, Memorandum, ``Antidumping Duty Investigation 
of Certain New Pneumatic Off-the-Road Tires (OTR) from India: 
Analysis of the Final Negative Determination Margin Calculation for 
ATC Tires Private Limited,'' dated January 3, 2017 (ATC's Final 
Analysis Memorandum) at 5-6 and Attachment 2.
    \10\ See Final IDM at 19.
    \11\ Id. at 3-4.
---------------------------------------------------------------------------

    Additionally, in reviewing the record, the Department found that: 
(1) The Department inadvertently omitted additional fields reported by 
ATC as part of its minor corrections that should have been part of the 
final margin calculation; (2) ATC did not revise the home market credit 
expenses to include the correct payment dates for the particular sales 
identified as minor corrections at the home market sales verification; 
and (3) the Department inadvertently included the costs associated with 
the unreported sample U.S. sales in the indirect selling expenses. 
These are unintentional errors, similar to the errors identified as 
ministerial errors in the regulations, and, therefore, constitute 
ministerial errors within the meaning of 19 CFR 351.224(f). Therefore, 
the Department corrected these errors in the final margin program by: 
(1) Including the two additional freight expense fields (i.e., OTHFRTU, 
PICKUP_CHGU); (2) revising the home market credit expenses to include 
the correct payment dates for the particular sales identified at the 
home market sales verification; and (3) revising the indirect selling 
expenses to exclude the costs associated with the free sample U.S. 
sales used in the application of partial AFA to those U.S. sales. Based 
on the above analysis, ATC's weighted-average dumping margin increased 
from zero percent to 3.67 percent.

Negative Determination of Critical Circumstances

    In the Final Determination, the Department considered the 
Petitioners' critical circumstances allegation with respect to 
producers and exporters subject to the all others rate and determined 
that the finding for whether critical circumstances exist with respect 
to such producers and exporters was moot because the antidumping duty 
margins for ATC and Balkrishna Industries Limited (BKT), the other 
mandatory respondent, were zero.\12\ ATC's weighted-average dumping 
margin increased from zero percent to 3.67 percent as a result of 
corrections to ministerial errors, which has resulted in a similar 
increase in the ``All-Others'' rate. Accordingly, we are addressing 
whether critical circumstances exist with respect to the ``All-Others'' 
rate.
---------------------------------------------------------------------------

    \12\ See Final Determination, 82 FR at 4849.
---------------------------------------------------------------------------

    Section 735(a)(3) of the Act provides that the Department will 
determine that critical circumstances exist in antidumping duty 
investigations if: (A)(i) There is a history of dumping and material 
injury by reason of dumped imports in the United States or elsewhere of 
the subject merchandise, or (ii) the person by whom, or for whose 
account, the merchandise was imported, knew or should have known that 
the exporter was selling the subject merchandise at LTFV and that there 
would be material injury by reason of such sales, and (B) there have 
been massive imports of the subject merchandise over a relatively short 
period.
    To determine whether there is a history of dumping and material 
injury, the Department generally considers previous antidumping duty 
orders on subject merchandise from the country in question in the 
United States or current orders imposed by other countries with regard 
to imports of the same merchandise.\13\ Because there is no previous 
antidumping duty order on OTR tires from India or record evidence of 
current orders imposed by other countries with regard to imports of the 
same merchandise, the Department finds that there is no history of 
injurious dumping of OTR tires form India pursuant to section 
735(a)(3)(A)(i) of the Act.
---------------------------------------------------------------------------

    \13\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Notice of Preliminary Determination of Sales at 
Less Than Fair Value, Affirmative Preliminary Determination of 
Critical Circumstances and Postponement of Final Determination, 74 
FR 59117, 59120 (November 17, 2009); unchanged in Certain Oil 
Country Tubular Goods from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, Affirmative Final 
Determination of Critical Circumstances and Final Determination of 
Targeted Dumping, 75 FR 20335 (April 19, 2010).
---------------------------------------------------------------------------

    Furthermore, the Department normally considers dumping margins of 
25 percent or more for export price sales

[[Page 9058]]

and 15 percent or more for constructed export price sales sufficient to 
impute importer knowledge of sales at LTFV.\14\ The estimated weighted-
average dumping margins in this investigation do not exceed the 
threshold sufficient to impute knowledge of dumping (i.e., 25 percent 
for EP or 15 percent for CEP sales). Therefore, the Department finds 
that there is an insufficient basis to find that importers knew nor 
should have known that exporters in India were selling subject 
merchandise at LTFV.\15\ As such, we find that critical circumstances 
do not exist.
---------------------------------------------------------------------------

    \14\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value and Affirmative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers from 
Mexico, 77 FR 17422, 17425 (March 26, 2012).
    \15\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Negative Preliminary Determination of Sales at Less than Fair 
Value, Negative Preliminary Determination of Critical Circumstances 
and Postponement of Final Determination, 79 FR 10480 (February 25, 
2014), unchanged in Certain Oil Country Tubular Goods from the 
Republic of Korea: Final Determination of Sales at Less than Fair 
Value, Negative Final Determination of Critical Circumstances, 79 FR 
41983 (July 18, 2014).
---------------------------------------------------------------------------

Amended Final Determination

    As a result of correcting the ministerial errors, we determine that 
the weighted-average dumping margins and cash deposit rates are as 
follows:

------------------------------------------------------------------------
                                                            Cash deposit
                                                Weighted-       rate
                                                 average    adjusted for
             Exporter/ producer                  dumping       subsidy
                                                 margins       offset
                                                (percent)     (percent)
------------------------------------------------------------------------
ATC Tires Private Ltd.......................          3.67          0.00
All-Others..................................          3.67          0.00
------------------------------------------------------------------------

    As stated above, the weighted-average dumping margin for BKT is 
unchanged from the Final Determination (i.e., 0.00 percent).

``All-Others'' Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``All 
Others'' rate shall be 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 under section 776 
of the Act. As a result of our corrections to ATC's final weighted-
average margin, the only rate that is not de minimis in this 
investigation is the rate calculated for ATC. Consequently, in 
accordance with section 735(c)(5)(A) of the Act, we have assigned the 
rate calculated for ATC as the ``All-Others'' rate, as indicated in the 
``Amended Final Determination Margins'' section above.

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation on all appropriate entries of OTR tires from India, except 
as noted below, which were entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice. 
Additionally, because the weighted-average dumping margin for BKT in 
the Final Determination (i.e., 0.00 percent) is unchanged, the 
Department is not directing CBP to suspend liquidation of entries of 
OTR tires from India produced and exported by this entity. The 
instructions suspending liquidation will remain in effect until further 
notice.
    The Department will also instruct CBP to require cash deposits for 
suspended entries equal to the amounts as indicated above, which are 
adjusted for certain countervailable subsidies, where appropriate. The 
all-others rate applies to all producers or exporters not specifically 
listed. For the purpose of determining cash deposit rates, the 
estimated weighted-average dumping margins for imports of subject 
merchandise from India have been adjusted, as appropriate, for export 
subsidies found in the final determination of the companion 
countervailing duty investigation of this merchandise imported from 
India.\16\
---------------------------------------------------------------------------

    \16\ See Countervailing Duty Investigation of Certain New 
Pneumatic Off-the-Road Tires from India: Final Affirmative 
Determination, and Final Affirmative Critical Circumstances 
Determination, in Part, 82 FR 2946 (January 10, 2017); see also 
section 772(c)(1)(C) of the Act.
---------------------------------------------------------------------------

U.S. International Trade Commission

    In accordance with section 735(d) of the Act, we notified the U.S. 
International Trade Commission (ITC) of the Final Determination and our 
amended final determination. As the preliminary determination was 
negative and the amended final determination is affirmative, in 
accordance with section 735(b)(3) of the Act, the ITC will determine 
within 75 days of the affirmative amended final determination whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury exists, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all appropriate 
imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.
    This amended final determination is published in accordance with 
section 735(e) of the Act and 19 CFR 351.224(e).

    Dated: January 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02325 Filed 2-1-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                  9056                        Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices

                                                    Dated: January 27, 2017.                              for consensus advice from U.S. industry                 Copies of CINTAC meeting minutes
                                                  Ronald K. Lorentzen,                                    to the U.S. Government regarding the                  will be available within 90 days of the
                                                  Acting Assistant Secretary for Enforcement              development and administration of                     meeting.
                                                  and Compliance.                                         programs to expand United States                        Dated: January 27, 2017.
                                                  [FR Doc. 2017–02207 Filed 2–1–17; 8:45 am]              exports of civil nuclear goods and                    Man Cho,
                                                  BILLING CODE 3510–DS–P                                  services in accordance with applicable
                                                                                                                                                                Deputy Director, Office of Energy and
                                                                                                          U.S. laws and regulations, including                  Environmental Industries.
                                                                                                          advice on how U.S. civil nuclear goods
                                                                                                                                                                [FR Doc. 2017–02212 Filed 2–1–17; 8:45 am]
                                                  DEPARTMENT OF COMMERCE                                  and services export policies, programs,
                                                                                                                                                                BILLING CODE 3510–DR–P
                                                                                                          and activities will affect the U.S. civil
                                                  International Trade Administration                      nuclear industry’s competitiveness and
                                                                                                          ability to participate in the international           DEPARTMENT OF COMMERCE
                                                  Civil Nuclear Trade Advisory
                                                                                                          market.
                                                  Committee: Meeting of the Civil
                                                  Nuclear Trade Advisory Committee                           Topics to be considered: The agenda                International Trade Administration
                                                                                                          for the Thursday, February 16, 2017
                                                  AGENCY: International Trade                             CINTAC meeting is as follows:                         [A–533–869]
                                                  Administration, U.S. Department of                      Discussion on activities related to the               Certain New Pneumatic Off-the-Road
                                                  Commerce.                                               U.S. Department of Commerce’s Civil                   Tires From India: Affirmative Amended
                                                  ACTION: Notice of Federal advisory                      Nuclear Trade Initiative.                             Final Determination of Sales at Less
                                                  committee meeting.                                         Public attendance is limited and                   Than Fair Value and Final Negative
                                                                                                          available on a first-come, first-served               Determination of Critical
                                                  SUMMARY:   This notice sets forth the                   basis. Members of the public wishing to
                                                  schedule and proposed agenda for a                                                                            Circumstances
                                                                                                          attend the meeting must notify Mr.
                                                  meeting of the Civil Nuclear Trade                      Jonathan Chesebro at the contact                      AGENCY:   Enforcement and Compliance,
                                                  Advisory Committee (CINTAC).                            information above by 5:00 p.m. EST on                 International Trade Administration,
                                                  DATES: The meeting is scheduled for                     Friday, February 10, 2017 in order to                 Department of Commerce.
                                                  Thursday February 16, 2017, from 11:00                  pre-register. Please specify any requests             SUMMARY: The Department of Commerce
                                                  a.m. to 12:00 p.m. Eastern Standard                     for reasonable accommodation at least                 (Department) is amending its final
                                                  Time (EST). The deadline for members                    five business days in advance of the                  negative determination of sales at less-
                                                  of the public to register, including                    meeting. Last minute requests will be                 than-fair-value (LTFV) with respect to
                                                  requests to make comments during the                    accepted, but may not be possible to fill.            certain new pneumatic off-the-road tires
                                                  meeting and for auxiliary aids, or to                      A limited amount of time will be                   (OTR tires) from India to correct
                                                  submit written comments for                             available for brief oral comments from                ministerial errors in the calculation of
                                                  dissemination prior to the meeting, is                  members of the public attending the                   the weighted-average dumping margin
                                                  5:00 p.m. EST on Friday, February 10,                   meeting. To accommodate as many                       of Alliance Tires Private Limited (ATC),
                                                  2017.                                                   speakers as possible, the time for public             one of the mandatory respondents in the
                                                  ADDRESSES: The meeting will be held                     comments will be limited to two (2)                   investigation. Correction of these errors
                                                  via conference call. The call-in number                 minutes per person, with a total public               results in a revised margin for ATC that
                                                  and passcode will be provided by email                  comment period of 20 minutes.                         is above de minimis, and, thus, also
                                                  to registrants. Requests to register                    Individuals wishing to reserve speaking               results in an affirmative determination
                                                  (including to speak or for auxiliary aids)              time during the meeting must contact                  of sales at LTFV. The Department is also
                                                  and any written comments should be                      Mr. Chesebro and submit a brief                       assigning a new ‘‘All-Others’’ rate.
                                                  submitted to: Mr. Jonathan Chesebro,                    statement of the general nature of the                DATES: Effective February 2, 2017.
                                                  Office of Energy & Environmental                        comments and the name and address of                  FOR FURTHER INFORMATION CONTACT: Lilit
                                                  Industries, International Trade                         the proposed participant by 5:00 p.m.
                                                  Administration, Room 20010, 1401                                                                              Astvatsatrian or Trisha Tran, AD/CVD
                                                                                                          EST on Friday, February 10, 2017. If the              Operations, Office IV, Enforcement and
                                                  Constitution Ave. NW., Washington, DC                   number of registrants requesting to
                                                  20230. (Fax: 202–482–5665; email:                                                                             Compliance, International Trade
                                                                                                          make statements is greater than can be                Administration, U.S. Department of
                                                  jonathan.chesebro@trade.gov). Members                   reasonably accommodated during the
                                                  of the public are encouraged to submit                                                                        Commerce, 1401 Constitution Avenue
                                                                                                          meeting, ITA may conduct a lottery to                 NW., Washington, DC 20230; telephone:
                                                  registration requests and written                       determine the speakers.
                                                  comments via email to ensure timely                                                                           (202) 482–6412, or (202) 482–4852,
                                                                                                             Any member of the public may                       respectively.
                                                  receipt.                                                submit written comments concerning
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  FOR FURTHER INFORMATION CONTACT: Mr.                    the CINTAC’s affairs at any time before
                                                  Jonathan Chesebro, Office of Energy &                   and after the meeting. Comments may                   Background
                                                  Environmental Industries, International                 be submitted to the Civil Nuclear Trade                 On January 6, 2017, the Department
                                                  Trade Administration, Room 20010,                       Advisory Committee, Office of Energy &                publicly announced its Final
                                                  1401 Constitution Ave. NW.,                             Environmental Industries, Room 20010,                 Determination 1 in the LTFV
                                                  Washington, DC 20230. (Phone: 202–                      1401 Constitution Ave. NW.,                           investigation on OTR tires from India.
                                                  482–1297; Fax: 202–482–5665; email:                     Washington, DC 20230. For                             On January 9, 2017, Petitioners 2 alleged
                                                  jonathan.chesebro@trade.gov).                           consideration during the meeting, and
mstockstill on DSK3G9T082PROD with NOTICES




                                                  SUPPLEMENTARY INFORMATION:                              to ensure transmission to the Committee                  1 See Certain New Pneumatic Off-the-Road Tires
                                                     Background: The CINTAC was                           prior to the meeting, comments must be                from India: Final Negative Determination of Sales
                                                  established under the discretionary                     received no later than 5:00 p.m. EST on               at Less Than Fair Value and Final Determination
                                                  authority of the Secretary of Commerce                  Friday, February 10, 2017. Comments                   of Critical Circumstances, 82 FR 4848 (January 17,
                                                                                                                                                                2017) (Final Determination), and accompanying
                                                  and in accordance with the Federal                      received after that date will be                      Issues and Decision Memorandum (Final IDM).
                                                  Advisory Committee Act (5 U.S.C.                        distributed to the members but may not                   2 Petitioners are Titan Tire Corporation and the

                                                  App.), in response to an identified need                be considered at the meeting.                         United Steel, Paper and Forestry, Rubber,



                                             VerDate Sep<11>2014   16:31 Feb 01, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\02FEN1.SGM   02FEN1


                                                                              Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices                                                     9057

                                                  that the Department made certain                        U.S. sales passed the Cohen’s d test in               critical circumstances allegation with
                                                  ministerial errors related to the                       order to apply the average-to-transaction             respect to producers and exporters
                                                  application of partial adverse facts                    methodology.9 The Department                          subject to the all others rate and
                                                  available (AFA) in the Final                            intentionally applied partial AFA to the              determined that the finding for whether
                                                  Determination.3 On January 17, 2017,                    standard average-to-average differential              critical circumstances exist with respect
                                                  ATC submitted its rebuttal comments.4                   pricing methodology in the final margin               to such producers and exporters was
                                                     Based on an analysis of the allegations              program because 65.33 percent of the                  moot because the antidumping duty
                                                  submitted by Petitioners, the                           value of ATC’s U.S. sales passed the                  margins for ATC and Balkrishna
                                                  Department determined that it did not                   Cohen’s d test, and the mixed                         Industries Limited (BKT), the other
                                                  make ministerial errors with respect to                 methodology margin did not result in a                mandatory respondent, were zero.12
                                                  the application of partial AFA, as                      meaningful difference between the                     ATC’s weighted-average dumping
                                                  defined by section 735(e) of the Tariff                 standard and mixed methodology                        margin increased from zero percent to
                                                  Act of 1930, as amended (the Act), and                  margins.10 Moreover, the Department                   3.67 percent as a result of corrections to
                                                  19 CFR 351.224(f).5 However, in the                     did not intend, as Petitioners allege, to             ministerial errors, which has resulted in
                                                  context of evaluating Petitioner’s                      apply partial AFA to all three                        a similar increase in the ‘‘All-Others’’
                                                  allegation, the Department determined                   methodologies, prior to determining                   rate. Accordingly, we are addressing
                                                  that it made ministerial errors within                  whether there was a meaningful                        whether critical circumstances exist
                                                  the meaning of section 735(e) of the Act                difference.11                                         with respect to the ‘‘All-Others’’ rate.
                                                  and 19 CFR 351.224(f) with respect to                      Additionally, in reviewing the record,                Section 735(a)(3) of the Act provides
                                                  ATC’s freight expenses, home market                     the Department found that: (1) The                    that the Department will determine that
                                                  credit expenses and U.S. indirect selling               Department inadvertently omitted                      critical circumstances exist in
                                                  expenses.6 Accordingly, the Department                  additional fields reported by ATC as                  antidumping duty investigations if:
                                                  revised the margin calculation for ATC,                 part of its minor corrections that should             (A)(i) There is a history of dumping and
                                                  and assigned a new ‘‘All-Others’’ rate, as              have been part of the final margin                    material injury by reason of dumped
                                                  discussed below.                                        calculation; (2) ATC did not revise the               imports in the United States or
                                                                                                          home market credit expenses to include                elsewhere of the subject merchandise, or
                                                  Scope of the Investigation
                                                                                                          the correct payment dates for the                     (ii) the person by whom, or for whose
                                                    The products covered by this                          particular sales identified as minor                  account, the merchandise was imported,
                                                  investigation are OTR tires from India.                 corrections at the home market sales                  knew or should have known that the
                                                  For a complete description of the scope                 verification; and (3) the Department                  exporter was selling the subject
                                                  of the investigation, see Appendix I of                 inadvertently included the costs                      merchandise at LTFV and that there
                                                  this notice.                                            associated with the unreported sample                 would be material injury by reason of
                                                  Ministerial Errors                                      U.S. sales in the indirect selling                    such sales, and (B) there have been
                                                                                                          expenses. These are unintentional                     massive imports of the subject
                                                    Section 735(e) of the Act, and 19 CFR
                                                                                                          errors, similar to the errors identified as           merchandise over a relatively short
                                                  351.224(f) define a ‘‘ministerial error’’ as
                                                                                                          ministerial errors in the regulations,                period.
                                                  an error ‘‘in addition, subtraction, or                                                                          To determine whether there is a
                                                  other arithmetic function, clerical error               and, therefore, constitute ministerial
                                                                                                          errors within the meaning of 19 CFR                   history of dumping and material injury,
                                                  resulting from inaccurate copying,                                                                            the Department generally considers
                                                  duplication, or the like, and any similar               351.224(f). Therefore, the Department
                                                                                                          corrected these errors in the final                   previous antidumping duty orders on
                                                  type of unintentional error which the                                                                         subject merchandise from the country in
                                                  Secretary considers ministerial.’’ 7                    margin program by: (1) Including the
                                                                                                          two additional freight expense fields                 question in the United States or current
                                                    The Department finds that the
                                                                                                          (i.e., OTHFRTU, PICKUP_CHGU); (2)                     orders imposed by other countries with
                                                  purported errors alleged by Petitioners’
                                                                                                          revising the home market credit                       regard to imports of the same
                                                  do not constitute ministerial errors
                                                  within the meaning of 19 CFR                            expenses to include the correct payment               merchandise.13 Because there is no
                                                  351.224(f).8 Specifically, the                          dates for the particular sales identified             previous antidumping duty order on
                                                  Department did not state that it                        at the home market sales verification;                OTR tires from India or record evidence
                                                  intended to determine, as partial AFA,                  and (3) revising the indirect selling                 of current orders imposed by other
                                                  that 66 percent of the value of ATC’s                   expenses to exclude the costs associated              countries with regard to imports of the
                                                                                                          with the free sample U.S. sales used in               same merchandise, the Department
                                                  Manufacturing, Energy, Allied Industrial and            the application of partial AFA to those               finds that there is no history of injurious
                                                  Service Workers International Union, AFL–CIO,           U.S. sales. Based on the above analysis,              dumping of OTR tires form India
                                                  CLC (the USW).                                          ATC’s weighted-average dumping                        pursuant to section 735(a)(3)(A)(i) of the
                                                    3 See Letter from Petitioners, ‘‘Certain New
                                                                                                          margin increased from zero percent to                 Act.
                                                  Pneumatic Off-the-Road Tires from India:                                                                         Furthermore, the Department
                                                  Petitioners’ Ministerial Error Comments regarding       3.67 percent.
                                                  ATC,’’ dated January 9, 2017 (Petitioners’                                                                    normally considers dumping margins of
                                                  Comments).                                              Negative Determination of Critical                    25 percent or more for export price sales
                                                    4 See Letter from ATC, ‘‘Certain New Pneumatic        Circumstances
                                                  Off-the-Road Tires from India: ATC Tires Private                                                                12 See Final Determination, 82 FR at 4849.
                                                  Limited’s Reply to Petitioners’ Ministerial Error
                                                                                                            In the Final Determination, the
                                                                                                                                                                  13 See Certain Oil Country Tubular Goods from
                                                  Comments,’’ dated January 17, 2017 (ATC’s               Department considered the Petitioners’
                                                                                                                                                                the People’s Republic of China: Notice of
                                                  Rebuttal Comments).                                                                                           Preliminary Determination of Sales at Less Than
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                                                    5 See Memorandum, ‘‘Antidumping Duty                    9 Id.; see also, Memorandum, ‘‘Antidumping Duty
                                                                                                                                                                Fair Value, Affirmative Preliminary Determination
                                                  Investigation on Certain New Pneumatic Off-the-         Investigation of Certain New Pneumatic Off-the-       of Critical Circumstances and Postponement of
                                                  Road Tires from India: Allegation of Ministerial        Road Tires (OTR) from India: Analysis of the Final    Final Determination, 74 FR 59117, 59120
                                                  Errors in the Final Determination,’’ dated January      Negative Determination Margin Calculation for ATC     (November 17, 2009); unchanged in Certain Oil
                                                  26, 2017 and hereby adopted by this notice              Tires Private Limited,’’ dated January 3, 2017        Country Tubular Goods from the People’s Republic
                                                  (Ministerial Error Memorandum).                         (ATC’s Final Analysis Memorandum) at 5–6 and          of China: Final Determination of Sales at Less Than
                                                    6 Id.                                                 Attachment 2.                                         Fair Value, Affirmative Final Determination of
                                                    7 See section 735(e) of the Act.                        10 See Final IDM at 19.
                                                                                                                                                                Critical Circumstances and Final Determination of
                                                    8 See Ministerial Error Memorandum.                     11 Id. at 3–4.                                      Targeted Dumping, 75 FR 20335 (April 19, 2010).



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                                                  9058                        Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices

                                                  and 15 percent or more for constructed                  rate, as indicated in the ‘‘Amended                   antidumping duties on all appropriate
                                                  export price sales sufficient to impute                 Final Determination Margins’’ section                 imports of the subject merchandise
                                                  importer knowledge of sales at LTFV.14                  above.                                                entered, or withdrawn from warehouse,
                                                  The estimated weighted-average                                                                                for consumption on or after the effective
                                                                                                         Suspension of Liquidation
                                                  dumping margins in this investigation                                                                         date of the suspension of liquidation.
                                                  do not exceed the threshold sufficient to                 In accordance with section                            This amended final determination is
                                                  impute knowledge of dumping (i.e., 25                  735(c)(1)(B) of the Act, the Department                published in accordance with section
                                                  percent for EP or 15 percent for CEP                   will instruct U.S. Customs and Border                  735(e) of the Act and 19 CFR 351.224(e).
                                                  sales). Therefore, the Department finds                Protection (CBP) to suspend liquidation
                                                                                                                                                                  Dated: January 30, 2017.
                                                  that there is an insufficient basis to find            on all appropriate entries of OTR tires
                                                                                                         from India, except as noted below,                     Ronald K. Lorentzen,
                                                  that importers knew nor should have
                                                                                                         which were entered, or withdrawn from                  Acting Assistant Secretary for Enforcement
                                                  known that exporters in India were
                                                                                                         warehouse, for consumption on or after                 and Compliance.
                                                  selling subject merchandise at LTFV.15
                                                                                                         the date of publication of this notice.                [FR Doc. 2017–02325 Filed 2–1–17; 8:45 am]
                                                  As such, we find that critical
                                                  circumstances do not exist.                            Additionally, because the weighted-                    BILLING CODE 3510–DS–P
                                                                                                         average dumping margin for BKT in the
                                                  Amended Final Determination                            Final Determination (i.e., 0.00 percent)
                                                     As a result of correcting the                       is unchanged, the Department is not                    DEPARTMENT OF COMMERCE
                                                  ministerial errors, we determine that the directing CBP to suspend liquidation of
                                                  weighted-average dumping margins and entries of OTR tires from India                                          National Oceanic and Atmospheric
                                                  cash deposit rates are as follows:                     produced and exported by this entity.                  Administration
                                                                                                         The instructions suspending liquidation                Submission for OMB Review;
                                                                                              Cash       will remain in effect until further notice.
                                                                         Weighted-          deposit                                                             Comment Request
                                                                                                            The Department will also instruct
                                                                           average            rate
                                                     Exporter/            dumping          adjusted      CBP to require cash deposits for                          The Department of Commerce will
                                                      producer                                           suspended entries equal to the amounts                 submit to the Office of Management and
                                                                           margins        for subsidy
                                                                          (percent)          offset      as indicated above, which are adjusted                 Budget (OMB) for clearance the
                                                                                           (percent)     for certain countervailable subsidies,                 following proposal for collection of
                                                                                                         where appropriate. The all-others rate                 information under the provisions of the
                                                  ATC Tires Pri-
                                                     vate Ltd .....               3.67              0.00
                                                                                                         applies to all producers or exporters not              Paperwork Reduction Act (44 U.S.C.
                                                  All-Others ......               3.67              0.00 specifically listed. For the purpose of                Chapter 35).
                                                                                                         determining cash deposit rates, the                       Agency: National Oceanic and
                                                     As stated above, the weighted-average estimated weighted-average dumping                                   Atmospheric Administration (NOAA).
                                                  dumping margin for BKT is unchanged                    margins for imports of subject                            Title: Atlantic Mackerel, Squid and
                                                  from the Final Determination (i.e., 0.00               merchandise from India have been                       Butterfish Amendment 14 Data
                                                  percent).                                              adjusted, as appropriate, for export                   Collection.
                                                                                                         subsidies found in the final                              OMB Control Number: 0648–0679.
                                                  ‘‘All-Others’’ Rate                                    determination of the companion                            Form Number(s): None.
                                                     Section 735(c)(5)(A) of the Act                     countervailing duty investigation of this                 Type of Request: Regular (extension of
                                                  provides that the estimated ‘‘All Others’’ merchandise imported from India.16                                 a currently approved information
                                                  rate shall be an amount equal to the                                                                          collection).
                                                                                                         U.S. International Trade Commission                       Number of Respondents: 426.
                                                  weighted average of the estimated
                                                  weighted-average dumping margins                          In accordance with section 735(d) of                   Average Hours Per Response: Vessel
                                                  established for exporters and producers                the Act, we notified the U.S.                          trip reports, 5 minutes; VMS activity
                                                  individually investigated, excluding any International Trade Commission (ITC) of                              declarations, 5 minutes; released catch
                                                  zero or de minimis margins, and any                    the Final Determination and our                        affidavit form, 5 minutes observer pre-
                                                  margins determined entirely under                      amended final determination. As the                    trip notification of trip, 5 minutes; trip
                                                  section 776 of the Act. As a result of our preliminary determination was negative                             cancellation, 1 minute.
                                                  corrections to ATC’s final weighted-                   and the amended final determination is                    Burden Hours: 3,385.
                                                  average margin, the only rate that is not              affirmative, in accordance with section                   Needs and Uses: This request is for
                                                  de minimis in this investigation is the                735(b)(3) of the Act, the ITC will                     extension of a current information
                                                  rate calculated for ATC. Consequently,                 determine within 75 days of the                        collection. Under the Magnuson-Stevens
                                                  in accordance with section 735(c)(5)(A)                affirmative amended final determination                Fishery Conservation and Management
                                                  of the Act, we have assigned the rate                  whether the domestic industry in the                   Act, the Secretary of Commerce has the
                                                  calculated for ATC as the ‘‘All-Others’’               United States is materially injured, or                responsibility for the conservation and
                                                                                                         threatened with material injury, by                    management of marine fishery
                                                    14 See, e.g., Notice of Final Determination of Sales reason of imports or sales (or the                     resources. Much of this responsibility
                                                  at Less Than Fair Value and Affirmative Critical       likelihood of sales) for importation of                has been delegated to NOAA’s National
                                                  Circumstances Determination: Bottom Mount
                                                  Combination Refrigerator-Freezers from Mexico, 77
                                                                                                         the subject merchandise. If the ITC                    Marine Fisheries Service (NMFS).
                                                  FR 17422, 17425 (March 26, 2012).                      determines that such injury exists, the                Under this stewardship role, the
                                                    15 See Certain Oil Country Tubular Goods from        Department will issue an antidumping                   Secretary was given certain regulatory
                                                  the Republic of Korea: Negative Preliminary            duty order directing CBP to assess, upon               authorities to ensure the most beneficial
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Determination of Sales at Less than Fair Value,
                                                  Negative Preliminary Determination of Critical
                                                                                                         further instruction by the Department,                 uses of these resources. One of the
                                                  Circumstances and Postponement of Final                                                                       regulatory steps taken to carry out the
                                                  Determination, 79 FR 10480 (February 25, 2014),           16 See Countervailing Duty Investigation of         conservation and management
                                                  unchanged in Certain Oil Country Tubular Goods          Certain New Pneumatic Off-the-Road Tires from         objectives is to collect information from
                                                  from the Republic of Korea: Final Determination of      India: Final Affirmative Determination, and Final
                                                  Sales at Less than Fair Value, Negative Final           Affirmative Critical Circumstances Determination,
                                                                                                                                                                users of the resources.
                                                  Determination of Critical Circumstances, 79 FR          in Part, 82 FR 2946 (January 10, 2017); see also         This collection requires vessel trip
                                                  41983 (July 18, 2014).                                  section 772(c)(1)(C) of the Act.                      reports (VTRs) to be submitted weekly


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Document Created: 2017-02-02 00:55:23
Document Modified: 2017-02-02 00:55:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective February 2, 2017.
ContactLilit 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 Citation82 FR 9056 

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