[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49459-49460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20078]
[[Page 49459]]
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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 Amended Final Determination of Sales at
Less Than Fair Value and Amended Antidumping Duty Order in Accordance
With Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 13, 2010.
SUMMARY: On May 14, 2010, the United States Court of International
Trade (``CIT'') sustained the final remand redetermination made by the
Department of Commerce (``the 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 arose out of the
Department's final determination in the antidumping duty 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) (``OTR Tires Order''). As there
is now a final and conclusive court decision in this action, we are
amending our final determination and our antidumping duty order.
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 duty
investigation on OTR tires from the PRC in which it calculated a zero
dumping rate for respondent Xugong Tyres Co., Ltd. (``Xugong''). See
Final Determination, 73 FR at 40489; OTR Tires Order, 73 FR at 51625-
26.
In August 2008, Bridgestone Americas, Inc. and Bridgestone Americas
Tire Operations, LLC (collectively, ``Bridgestone'') and Titan Tire
Corporation (``Titan''), respectively, domestic producers of the like
product, initiated actions at 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 Final
Determination Pursuant to Court Remand, 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. Consistent with the
decision of U.S. Court of Appeals for the Federal Circuit in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department
published in the Federal Register a notice of a court decision that is
not ``in harmony'' with the Department's final determination. See
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, 75 FR 31422 (June 3, 2010) (``Timken Notice ''). Pursuant to
section 516A(e) of the Tariff Act of 1930, as amended (``the Act''),
and consistent with the Timken Notice, the Department instructed U.S.
Customs and Border Protection (``CBP'') to begin suspension of
liquidation, effective May 24, 2010, with respect to subject
merchandise produced and exported by Xugong, pending a final and
conclusive court decision in this action. While merchandise produced
and exported by Xugong was originally excluded from the antidumping
order, the Department's remand determination found that merchandise
exported and produced by Xugong was, in fact, sold at less than fair
value. As the period to appeal the CIT decision in Bridgestone has
expired, and a final and conclusive court decision with respect to this
proceeding is in place, we are amending our amended final determination
and antidumping duty order, accordingly.
Inclusion in the Application of the Antidumping Duty Order
As discussed above and pursuant to the affirmed remand
determination, Xugong is no longer excluded from the antidumping duty
order issued in this case. Therefore, as noted above, subject
merchandise exported and produced by Xugong is subject to the
antidumping duty order on OTR tires from the PRC.
Amendment to Final Determination and Antidumping Order
Because there is now a final and conclusive court decision with
respect to this proceeding, the revised dumping margin in the amended
final determination is as follows:
OTR Tires from the PRC
----------------------------------------------------------------------------------------------------------------
Original Final Margin Amended Final Margin
Exporter Producer (Percent) (Percent)
----------------------------------------------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd......... Xuzhou Xugong Tyres 0.00 10.01
Co., Ltd..
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[[Page 49460]]
Also, as noted above, Xugong is no longer excluded from the
antidumping duty order issued in this case. Therefore, the Department
will instruct the CBP to collect a cash deposit of 10.01 percent for
entries of subject merchandise produced and exported by Xugong,
effective May 24, 2010, in accordance with the Timken Notice.
This notice is issued and published in accordance with sections
735(d), 736(a), and 777(i)(1) of the Act.
Dated: August 6, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-20078 Filed 8-12-10; 8:45 am]
BILLING CODE 3510-DS-S