CVD Petitioner Drops CIT Case on India's Advance Drawback Scheme
Countervailing duty petitioner Titan Tire dropped its case on the 2022 administrative review of the countervailing duty order on pneumatic off-the-road tires from India, according to a stipulation of dismissal filed at the Court of International Trade on Sept. 26 (Titan Tire Corp. v. United States, CIT # 24-00207).
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Titan Tire dropped the case after the trade court sustained the Commerce Department's decision not to countervail India's Advanced Authorization Scheme, which is akin to an advance drawback system, in the 2021 review of the same order (see 2508290069). Commerce countervails duty exemptions unless the government in question has an effective process for verifying the use of exempted inputs in exported goods.
In the case on the 2021 review, also brought by Titan Tire, the trade court said the record shows that the Indian government "conducted an examination of the actual inputs involved" in respondent Balkrishna Industries' production of subject tires to "confirm which inputs were consumed in the production of the exported product and in what quantities." The same Indian drawback scheme was at issue in the 2022 review.