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, 49459-49460 [2010-20078]

Download as PDF Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices telephone (202) 482–6412 or (202) 482– 0650, respectively. International Trade Administration SUPPLEMENTARY INFORMATION: In July 2008, the Department published in the A–570–912 Federal Register the Final Determination in the antidumping duty Certain New Pneumatic Off-The-Road investigation on OTR tires from the PRC Tires from the People’s Republic of in which it calculated a zero dumping China: Notice of Amended Final rate for respondent Xugong Tyres Co., Determination of Sales at Less Than Ltd. (‘‘Xugong’’). See Final Fair Value and Amended Antidumping Determination, 73 FR at 40489; OTR Duty Order in Accordance With Final Tires Order, 73 FR at 51625–26. Court Decision In August 2008, Bridgestone AGENCY: Import Administration, Americas, Inc. and Bridgestone International Trade Administration, Americas Tire Operations, LLC Department of Commerce. (collectively, ‘‘Bridgestone’’) and Titan EFFECTIVE DATE: August 13, 2010. Tire Corporation (‘‘Titan’’), respectively, SUMMARY: On May 14, 2010, the United domestic producers of the like product, States Court of International Trade initiated actions at the CIT challenging (‘‘CIT’’) sustained the final remand the final determination with respect to redetermination made by the Xugong’s zero dumping margin. Among Department of Commerce (‘‘the their claims, Bridgestone and Titan Department’’) pursuant to the CIT’s alleged that the Department erred in its remand of the final determination in the final determination by treating as antidumping investigation on certain indirect materials certain inputs used by new pneumatic off–the-road tires (‘‘OTR Xugong in the production of subject tires’’) from the People’s Republic of merchandise. China (‘‘PRC’’). See Bridgestone In April 2009, the Department Americas Inc. v. United States, Consol. requested a voluntary remand to further Ct. No. 08–00256, Slip Op. 10–55 (Ct. explain its determination regarding the Int’l Trade May 14, 2010) classification of the fifteen raw materials (‘‘Bridgestone’’). This case arose out of reported by Xugong as indirect the Department’s final determination in materials. On August 4, 2009, the CIT the antidumping duty investigation on remanded this matter to the Department OTR tires from the PRC. See Certain to reconsider whether each of the fifteen New Pneumatic Off–The-Road–Tires inputs was a direct or indirect material, from the People’s Republic of China: to reopen the record as appropriate, and Final Affirmative Determination of Sales to recalculate the margin accordingly. at Less Than Fair Value and Partial See Bridgestone Americas Inc. v. United Affirmative Determination of Critical States, Consol. Ct. No. 08–00256, Slip Circumstances, 73 FR 40485 (July 15, Op. 09–79 (Ct. Int’l Trade Aug. 4, 2009). 2008) (‘‘Final Determination’’); Certain After receiving comments on the draft New Pneumatic Off–the-Road Tires from remand results, the Department on the People’s Republic of China: Notice January 7, 2010, issued its final remand of Amended Final Affirmative redetermination in which it treated Determination of Sales at Less than Fair Xugong’s fifteen raw material inputs as Value and Antidumping Duty Order, 73 direct materials and, thus, recalculated FR 51624 (September 4, 2008) (‘‘OTR Xugong’s margin by adding Xugong’s Tires Order’’). As there is now a final fifteen raw materials as direct material and conclusive court decision in this inputs in the calculation of the normal action, we are amending our final value. As a result of this recalculation, determination and our antidumping Xugong’s dumping rate changed from duty order. 0.00 percent to 10.01 percent. See Final FOR FURTHER INFORMATION CONTACT: Lilit Determination Pursuant to Court Astvatsatrian or Charles Riggle, AD/CVD Remand, Bridgestone Americas Inc. v. Operations, Office 8, Import United States, Consol. Ct. No. 08–00256, Administration, International Trade dated January 8, 2010. On May 14, 2010, the CIT sustained Administration, U.S. Department of Commerce, 14th Street and Constitution the final redetermination made by the Department pursuant to the CIT’s Avenue, NW, Washington DC 20230; emcdonald on DSK2BSOYB1PROD with NOTICES DEPARTMENT OF COMMERCE 49459 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 (Percent) Exporter Producer Xuzhou Xugong Tyres Co., Ltd. ................... Xuzhou Xugong Tyres Co., Ltd. ................... VerDate Mar<15>2010 17:55 Aug 12, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\13AUN1.SGM 0.00 13AUN1 Amended Final Margin (Percent) 10.01 49460 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices 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 DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Administrative Review of Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 12, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register the Preliminary Results of the fourth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’).1 We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We find that certain exporters have not sold subject merchandise at less than normal value (‘‘NV’’) during the period of review (‘‘POR’’), February 1, 2008, through January 31, 2009. DATES: Effective Date: August 13, 2010. FOR FURTHER INFORMATION CONTACT: Bob Palmer and Irene Gorelik, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution emcdonald on DSK2BSOYB1PROD with NOTICES AGENCY: 1 See Fourth Administrative Review of Certain Frozen Warmwater Shrimp from the People’s Republic of China: Preliminary Results, Preliminary Partial Rescission of Antidumping Duty Administrative Review and Intent Not to Revoke, In Part, 75 FR 11855 (March 12, 2010) (‘‘Preliminary Results’’). VerDate Mar<15>2010 16:35 Aug 12, 2010 Jkt 220001 Avenue, NW., Washington, DC 20230; telephone: (202) 482–9068 and (202) 482–6905, respectively. SUPPLEMENTARY INFORMATION: Background On March 26, 2009, the Department initiated an administrative review of 477 producers/exporters of subject merchandise from the PRC.2 In the Preliminary Results, the Department preliminarily rescinded the review with respect to several companies which submitted no shipment certifications and for which we have not found any information to contradict these claims. These companies are Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd., Fuqing Minhua Trade Co., Ltd., the Allied Pacific Group (comprised of Allied Pacific Food (Dalian) Co., Ltd.; Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd.; Zhanjiang Allied Pacific Aquaculture Co., Ltd.; Allied Pacific (H.K.) Co., Ltd.; and King Royal Investments Ltd.); Gallant Ocean (Lianjiang), Ltd.; Gallant Ocean (Nanhai), Ltd.; Shantou Yelin Frozen Seafood Co., Ltd. (doing business as Shantou Yelin Quick-Freeze Marine Products Co., Ltd.). As noted above, on March 12, 2010, the Department published the Preliminary Results of this administrative review.3 On April 1, 2010, the Petitioner,4 Domestic Processors,5 Zhanjiang Regal Integrated Marine Resources Co., Ltd. (‘‘Regal’’), and Hilltop International (‘‘Hilltop’’) submitted additional surrogate value information. On April 6, 2010, Petitioner, Domestic Processors, and Hilltop submitted rebuttal surrogate value information. On March 30, 2010, we extended the deadline for parties to submit the case briefs and rebuttal briefs to April 12, 2010 and April 17, 2010, respectively.6 On April 12, 2010, the Petitioner, Domestic Processors, Hilltop, and Regal filed case briefs. On April 19, 2010, the Petitioner, Domestic Processors, and Hilltop filed rebuttal briefs. On May 20, 2010, the Department extended the 2 See Notice of Initiation of Administrative Reviews and Requests for Revocation in Part of the Antidumping Duty Orders on Frozen Warmwater Shrimp from the Socialist Republic of Vietnam and the People’s Republic of China, 74 FR 13178 (March 26, 2009) for a listing of these companies. 3 See Preliminary Results. 4 Petitioner is the Ad Hoc Shrimp Trade Action Committee (hereinafter referred to as ‘‘Petitioner’’). 5 These domestic parties are the American Shrimp Processors Association and Louisiana Shrimp Association (hereinafter referred to as ‘‘Domestic Processors’’). 6 See Letter from the Department to Interested Parties, dated March 30, 2010. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 deadline for the completion of the final results of this review until August 9, 2010.7 On June 15, June 23, and July 14, 2010, the Department placed wage rate data on the record for comment following the recent decision in Dorbest Limited et. al. v. United States, 2009– 1257, –1266, issued by the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) on May 14, 2010, regarding the Department’s wage rate methodology.8 Interested parties submitted comments regarding the new wage rate data on June 22, and July 21, 2010. See ‘‘Wage Rate Methodology’’ section below for a detailed explanation of the Department’s revised wage rate for these final results. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the ‘‘Fourth Administrative Review of Frozen Warmwater Shrimp from the People’s Republic of China: Issues and Decision Memorandum for the Final Results,’’ which is dated concurrently with this notice (‘‘I&D Memo’’). A list of the issues which parties raised and to which we respond in the I&D Memo is attached to this notice as an Appendix. The I&D Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 1117, and is accessible on the Department’s Web site at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record as well as comments received from parties regarding our Preliminary Results, we have made revisions to Hilltop and Regal’s margin calculations for the final results. First, we have revised classifications for certain expenses in the surrogate financial ratios used in the Preliminary Results. The Department’s practice is to exclude certain expenses in the surrogate financial ratio calculations for constructed export price (‘‘CEP’’) sales where those expenses have been accounted for elsewhere in the margin program.9 Hilltop reported only CEP sales, so the Department will 7 See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Extension of Final Results of Antidumping Administrative Review, 75 FR 28235 (May 20, 2010). 8 See Memoranda to the File re; Wage Rate Data, dated June 15, June 23, and July 14, 2010. 9 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) and accompanying Issues and Decision Memorandum at Comment 18C. E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49459-49460]
From the Federal Register Online via the Government Printing 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..
----------------------------------------------------------------------------------------------------------------


[[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