[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Page 62504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25688]
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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 October 1, 2010, the United States Court of International
Trade (``CIT'') sustained the remand redetermination made by the
Department of Commerce (``Department'') pursuant to the CIT's remand of
the final determination in the antidumping duty investigation on
certain new pneumatic off-the-road tires (``OTR tires'') from the
People's Republic of China (``PRC''). See GPX Int'l Tire Corp. v.
United States, Consol. Ct. No. 08-00285, Slip Op. 10-112 (Ct. Int'l
Trade October 1, 2010) (``GPX III''). This case arises out of the
Department's final determination in the antidumping investigation on
OTR tires from the PRC. The final judgment in this case was not in
harmony with the Department's July 2008 final determination.
DATES: Effective Date: October 12, 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 a
final determination in which it determined that OTR tires from the PRC
are being, or are likely to be, sold in the United States as less than
fair value as provided in section 735 of the Tariff Act of 1930, as
amended (``Act''). 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''), as amended by 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).
Respondent company Hebei Starbright Tire Co., Ltd.
(``Starbright''), its importer GPX International Tire Corporation
(``GPX''), petitioners Titan Tire Corporation and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied and
Industrial Service Workers International Union, AFL-CIO-CLC
(collectively, ``Titan''), and domestic interested party Bridgestone
Americas, Inc. and Bridgestone Americas Tire Operations, LLC
(collectively, ``Bridgestone''), each timely challenged various aspects
of the Final Determination to the CIT. Among the issues raised before
the Court was the valuation of wire input consumed by two of the
respondent companies, Starbright and Tianjin United Tire & Rubber
International Co., Ltd. (``TUTRIC''), under the factors of production
methodology to calculate normal value in a non-market economy country
pursuant to section 773(c)(1)(B) of the Act.
On August 4, 2010, pursuant to the Department's request for a
voluntary remand, the CIT remanded the wire input valuation issue to
the Department for reconsideration or further explanation. See GPX
Int'l Tire Corp. v. United States, Consol. Ct. No. 08-00285, Slip Op.
10-84 at *19-*20, *28 (Ct. Int'l Trade August 4, 2010) (``GPX II''). In
a remand redetermination filed on September 3, 2010, the Department
determined that record evidence supported using a different surrogate
value for the wire input consumed by Starbright and TUTRIC in the
production of OTR tires. See Second Remand Redetermination, GPX Int'l
Tire Corp. v. United States, Consol. Ct. No. 08-00285, dated September
3, 2010, at 4-9. As a result of this change, the weighted-average
dumping margin calculated for subject merchandise produced by
Starbright and exported by Starbright/GPX changed from 29.93 percent to
31.79 percent, the weighted-average dumping margin calculated for
subject merchandise produced and exported by TUTRIC changed from 8.44
percent to 10.08 percent, and the weighted-average dumping margin
calculated for separate rate companies changed from 12.19 percent to
13.92 percent. Id. at 9-12. The CIT affirmed the Department's remand
redetermination on October 1, 2010. See GPX III.
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 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
CIT's GPX III decision of October 1, 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. Accordingly, the Department will
continue the suspension of liquidation of the subject merchandise
pending the expiration of the period of appeal or, if appealed, pending
a final and conclusive court decision. In the event the CIT's decision
is not appealed or is affirmed on appeal, the Department will publish
an amended final determination revising the weighted-average dumping
margin calculated for Starbright/GPX, TUTRIC, and the separate rate
companies and will issue revised cash deposit instructions to U.S.
Customs and Border Protection.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: October 6, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-25688 Filed 10-8-10; 8:45 am]
BILLING CODE 3510-DS-P