[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22742-22743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10250]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
New Pneumatic Off-the-Road Tires From the People's Republic of
China: Rescission of New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: In response to a request from Yituo Orient Good Friend Tyre
Co., Ltd., (``OGF''), the Department of Commerce (the ``Department'')
published on November 2, 2009, a Federal Register notice announcing the
initiation of a new shipper review of the antidumping duty order on new
pneumatic off-the-road tires (``OTR tires'') from the People's Republic
of China (``PRC'') for the period February 20, 2008, through August 31,
2009. On March 22, 2010, OGF withdrew its request for a new shipper
review. Therefore, we are rescinding this new shipper review with
respect to OGF.
FOR FURTHER INFORMATION CONTACT: John Hollwitz or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2336 and (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2009, the Department received a timely request
from OGF in accordance with section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the ``Act''), and 19 CFR 351.214(c), for a new
shipper review of the antidumping duty order on OTR tires from the PRC.
On November 2, 2009, the Department found that the request for review
with respect to OGF met all of the regulatory requirements set forth in
19 CFR 351.214(b) and
[[Page 22743]]
initiated an antidumping duty new shipper review. See New Pneumatic
Off-the-Road Tires from the People's Republic of China: Initiation of
New Shipper Review, 74 FR 56575 (``Initiation Notice''). On March 22,
2009, OGF withdrew its request for a new shipper review. On April 12,
2010, we placed on the record and served to parties a memo stating that
the Department intended to rescind the above-referenced new shipper
review. We allowed parties to comment on the intended rescission by no
later than April 19, 2010. See Memorandum to the File regarding:
Withdrawal of Request for NSR from OGF, dated April 12, 2010. On April
14, 2010, the Department received a letter from Titan Tire Corporation
(``Titan'') stating that Titan had no objection to the Department's
intended rescission of the new shipper review. See Letter from Titan
regarding: Comments on Proposed Rescission of New Shipper Review, dated
April 14, 2010.
Rescission of New Shipper Review
19 CFR 351.214(f)(1) provides that the Department may rescind a new
shipper review if the party that requested the review withdraws its
request for review within 60 days of the date of publication of the
notice of initiation of the requested review. Although OGF withdrew its
request after the 60-day deadline, we find it reasonable to extend the
deadline because we have not yet committed significant resources to the
OGF new shipper review (e.g., we have not issued our preliminary
results). Further, in this instance, no other company would be affected
by a rescission, and we have received no objections from any party to
OGF's withdrawal of its request for this new shipper review. Based upon
the above, we are rescinding the new shipper review of the antidumping
duty order on OTR tires from the PRC with respect to OGF. See Hand
Trucks and Certain Parts Thereof from the People's Republic of China:
Notice of Rescission of Antidumping Duty New Shipper Review, 74 FR
31911 (July 6, 2009) (rescinding new shipper review after 60-day
deadline on same grounds). As the Department is rescinding this new
shipper review, we are not calculating a company-specific rate for OGF,
and OGF will remain part of the PRC entity.
Notifications
Because OGF remains part of the PRC entity, its entries may be
under review in the ongoing administrative review. Accordingly, the
Department will not order liquidation of entries for OGF. The
Department intends to issue liquidation instructions for the PRC
entity, which will cover any entries by OGF, 15 days after publication
of the final results of the ongoing administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destructions of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this determination and notice in
accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3).
Dated: April 26, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-10250 Filed 4-29-10; 8:45 am]
BILLING CODE 3510-DS-S