U.S. Commerce corrects subsidy rates on Indian off-the-road tires after review errors
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The U.S. Commerce Department has updated the final countervailing duty results for certain new pneumatic off-the-road tires from India after finding ministerial errors in its calculations. The main change is for ATC Tires Private Limited, whose subsidy rate rose from 5.96% to 7.44%; the rate for companies not individually reviewed is 4.91%, and BKT's rate stays at 0.57%. This affects importers, exporters, and customs teams handling these tire shipments. Commerce will issue new cash-deposit and assessment instructions to Customs, so companies should check their entries, expected duty exposure, and any litigation timelines.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Commerce corrected ministerial errors in the 2023 countervailing duty review for certain off-the-road tires from India.
- ATC Tires Private Limited's subsidy rate increased from 5.96% to 7.44%.
- Companies not selected for individual review now have a 4.91% rate; BKT remains at 0.57%.
Obligations
What this law requires
Commerce must issue amended assessment instructions to U.S. Customs and Border Protection for covered entries after the amended final results are published, and it must wait no earlier than 35 days after Federal Register publication to do so.
U.S. Customs and Border Protection must assess countervailing duties on all appropriate entries covered by the review in accordance with Commerce’s assessment instructions.
If a timely summons is filed at the U.S. Court of International Trade, CBP must not liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired.
Commerce must instruct CBP to collect cash deposits of estimated countervailing duties for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the amended final results, using the rates specified for each company.
For non-reviewed firms, CBP must continue to collect cash deposits at either the all-others rate or the most recent company-specific rate applicable to the company, as appropriate.