[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Notices]
[Pages 31422-31423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13375]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-912
Certain New Pneumatic Off-The-Road Tires from the People's
Republic of China: Notice of Decision of the Court of International
Trade Not in Harmony
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 14, 2010, the United States Court of International
Trade (``CIT'') sustained the final remand redetermination made by the
Department of Commerce (``Department'') pursuant to the CIT's remand of
the final determination in the antidumping investigation on certain new
pneumatic off-the-road tires (``OTR tires'') from the People's Republic
of China (``PRC''). See Bridgestone Americas Inc. v. United States,
Consol. Ct. No. 08-00256, Slip Op. 10-55 (Ct. Int'l Trade May 14, 2010)
(``Bridgestone''). This case arises out of the Department's Final
Determination in the antidumping investigation on OTR tires from the
PRC. See Certain New Pneumatic Off-The-Road-Tires from the People's
Republic of China: Final Affirmative Determination of Sales at Less
Than Fair Value and Partial Affirmative Determination of Critical
Circumstances, 73 FR 40485 (July 15, 2008) (``Final Determination'');
Certain New Pneumatic Off-the-Road Tires from the People's Republic of
China: Notice of Amended Final Affirmative Determination of Sales at
Less than Fair Value and Antidumping Duty Order, 73 FR 51624 (September
4, 2008). The final judgment in this case was not in harmony with the
Department's July 2008 final determination.
EFFECTIVE DATE: May 24, 2010
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian 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) 482-6412
or (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION: In July 2008, the Department published in
the Federal Register the Final Determination in the antidumping
investigation on OTR tires from the PRC in which it calculated a zero
dumping rate for respondent Xugong Tyres Co., Ltd. (``Xugong'').
In August 2008, petitioners, Bridgestone Americas, Inc. and
Bridgestone Americas Tire Operations, LLC (collectively,
``Bridgestone'') and Titan Tire Corporation (``Titan''), respectively,
filed summons with the CIT challenging the Final Determination with
respect to Xugong's zero dumping margin. Among their claims,
Bridgestone and Titan alleged that the Department erred in its Final
Determination by treating as indirect materials certain inputs used by
Xugong in the production of subject merchandise.
In April 2009, the Department requested a voluntary remand to
further explain its determination regarding the classification of the
fifteen raw materials reported by Xugong as indirect materials. On
August 4, 2009, the CIT remanded this matter to the Department to
reconsider whether each of the fifteen inputs was a direct or indirect
material, to reopen the record as appropriate, and to recalculate the
margin accordingly. See Bridgestone Americas Inc. v. United States,
Consol. Ct. No. 08-00256, Slip Op. 09-79 (Ct. Int'l Trade Aug. 4,
2009).
After receiving comments on the draft remand results, the
Department on January 7, 2010, issued its final remand redetermination
in which it treated Xugong's fifteen raw material inputs as direct
materials and, thus, recalculated Xugong's margin by adding Xugong's
fifteen raw materials as direct material inputs in the calculation of
the normal value. As a result of this recalculation, Xugong's dumping
rate changed from 0.00 percent to 10.01 percent. See Bridgestone
Americas Inc. v. United States, Consol. Ct. No. 08-00256, dated January
8, 2010.
On May 14, 2010, the CIT sustained the final redetermination made
by the Department pursuant to the CIT's remand of the final
determination in the antidumping investigation of the OTR tires from
the PRC. See Bridgestone, Slip Op. 10-55 at 14.
Timken Notice
In its decision in Timken Co. v. United States, 893 F. 2d 337, 341
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for
the Federal Circuit held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (``the Act''), the Department must
publish a notice of a court decision that is not ``in harmony'' with a
Department determination and must suspend liquidation of entries
pending a ``conclusive'' court decision.
The Court's decision in Bridgestone on May 14, 2010, constitutes a
final decision of that court that is not in harmony with the
Department's Final Determination. This notice is published in
fulfillment of the publication requirements of Timken with an effective
date of May 24, 2010 (i.e., 10 days following the CIT's ruling).
Accordingly, the Department will direct the U.S. Customs and Border
Protection (``CBP'') effective May 24, 2010, to suspend liquidation of
entries of subject merchandise manufactured and exported by Xugong
pending the expiration of the period to appeal or pending a final
decision on appeal. The Department will issue revised instructions to
CBP if the Court's
[[Page 31423]]
decision is not appealed or if it is affirmed on appeal.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: May 26, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-13375 Filed 6-2-10; 8:45 am]
BILLING CODE 3510-DS-S