- Effective Date: Oct 03, 2023
- Period of Review: Jan 01, 2021 to Dec 31, 2021
- Notice of Lifting of Suspension Date: Nov 27, 2023
- Cite as: 88 FR 82828
Cite date: Nov 27, 2023
1.
Notice of the lifting of suspension of liquidation of entries of merchandise covered by this message occurred with the publication of the amended final results of administrative review of the countervailing duty order on certain new pneumatic off-the-road tires from India (subject merchandise) (C-533-870) for the period 01/01/2021 through (88 FR 82828, 11/27/2023).
2a.
Accordingly, for all shipments of subject merchandise from the producers and/or exporters listed below that were entered, or withdrawn from warehouse, for consumption during the period 01/01/2021 through 12/31/2021, assess a countervailing liability at the following percentages of entered value:
Producer and/or Exporter:
ATC Tires Private Limited and its cross-owned companies; ATC Tires AP Private Ltd.; Yokohama India Private Limited
Case number:
C-533-870-001
Final rate:
2.17%
Producer and/or Exporter:
Balkrishna Industries Ltd.
Case number:
C-533-870-002
Final rate:
0.00%
Producer and/or Exporter:
Apollo Tyres Ltd.
Case number:
C-533-870-003
Final rate:
2.17%
Producer and/or Exporter:
Asian Tire Factory Ltd.
Case number:
C-533-870-004
Final rate:
2.17%
Producer and/or Exporter:
Cavendish Industries Ltd.
Case number:
C-533-870-005
Final rate:
2.17%
Producer and/or Exporter:
CEAT Ltd.
Case number:
C-533-870-006
Final rate:
2.17%
Producer and/or Exporter:
Celite Tyre Corporation
Case number:
C-533-870-007
Final rate:
2.17%
Producer and/or Exporter:
Emerald Resilient Tyre Manufacturer
Case number:
C-533-870-008
Final rate:
2.17%
Producer and/or Exporter:
HRI Tires India
Case number:
C-533-870-009
Final rate:
2.17%
Producer and/or Exporter:
Innovative Tyres & Tubes Limited
Case number:
C-533-870-010
Final rate:
2.17%
Producer and/or Exporter:
JK Tyres and Industries Ltd.
Case number:
C-533-870-011
Final rate:
2.17%
Producer and/or Exporter:
K.R.M. Tyres
Case number:
C-533-870-012
Final rate:
2.17%
Producer and/or Exporter:
M/S. Caroline Furnishers Pvt Ltd.
Case number:
C-533-870-013
Final rate:
2.17%
Producer and/or Exporter:
MRF Limited
Case number:
C-533-870-014
Final rate:
2.17%
Producer and/or Exporter:
MRL Tyres Limited (Malhotra Rubbers Ltd.)
Case number:
C-533-870-015
Final rate:
2.17%
Producer and/or Exporter:
OTR Laminated Tyres (I) Pvt. Ltd.
Case number:
C-533-870-016
Final rate:
2.17%
Producer and/or Exporter:
Rubberman Enterprises Pvt. Ltd.
Case number:
C-533-870-017
Final rate:
2.17%
Producer and/or Exporter:
Sheetla Polymers
Case number:
C-533-870-018
Final rate:
2.17%
Producer and/or Exporter:
Speedways Rubber Company
Case number:
C-533-870-019
Final rate:
2.17%
Producer and/or Exporter:
Sun Tyres & Wheel Systems
Case number:
C-533-870-020
Final rate:
2.17%
Producer and/or Exporter:
Sundaram Industries Private Limited
Case number:
C-533-870-021
Final rate:
2.17%
Producer and/or Exporter:
Superking Manufacturers (Tyre) Pvt., Ltd.
Case number:
C-533-870-022
Final rate:
2.17%
Producer and/or Exporter:
TVS Srichakra Limited
Case number:
C-533-870-023
Final rate:
2.17%
2b. A summons was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review.
Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by this message until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction.
Instructions will be issued if the Court issues a statutory injunction.
3.
There are no injunctions applicable to the entries covered by this instruction.
4.
The assessment of countervailing duties by the CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended.
Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated countervailing duties.
The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order.
Interest shall be calculated from the date of payment of estimated countervailing duties through the date of liquidation.
The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.
5.
Unless instructed otherwise, for all other shipments of subject merchandise, you shall continue to collect cash deposits of estimated countervailing duties at the current cash deposit rates.
6.
This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message.
Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
7.
If there are any questions by the public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OVII:GHC.)
8.
There are no restrictions on the release of this information.
Alexander Amdur