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, 62505-62506 [2010-25689]

Download as PDF Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices from the PRC. See Certain New Pneumatic Off-the-Road Tires From the International Trade Administration People’s Republic of China: Countervailing Duty Order, 73 FR 51627 [C–570–913] (September 4, 2008). Domestic interested party Bridgestone Certain New Pneumatic Off-the-Road Americas, Inc. and Bridgestone Tires From the People’s Republic of Americas Tire Operations, LLC China: Notice of Decision of the Court (collectively, ‘‘Bridgestone’’), petitioners of International Trade Not in Harmony Titan Tire Corporation and the United AGENCY: Import Administration, Steel, Paper and Forestry, Rubber, International Trade Administration, Manufacturing, Energy, Allied and Department of Commerce. Industrial Service Workers International SUMMARY: On October 1, 2010, the Union, AFL–CIO–CLC (collectively, United States Court of International ‘‘Titan’’), interested party GPX Trade (‘‘CIT’’) sustained the second International Tire Corporation, and remand redetermination made by the respondent companies Starbright and Department of Commerce TUTRIC each timely challenged various (‘‘Department’’) pursuant to the CIT’s aspects of the Final Determination to the remand of the final determination in the CIT. Among the issues raised before the countervailing duty investigation on Court were the Department’s authority certain new pneumatic off-the-road tires to apply the CVD law to the PRC while (‘‘OTR tires’’) from the People’s Republic also treating the PRC as a non-market of China (‘‘PRC’’). See GPX Int’l Tire economy (‘‘NME’’) country for Corp. v. United States, Consol. Ct. No. antidumping (‘‘AD’’) purposes and the 08–00285, Slip Op. 10–112 (Ct. Int’l Department’s application of a cut-off Trade October 1, 2010) (‘‘GPX III’’). This date of December 11, 2001, the date of case arises out of the Department’s final the PRC’s accession to the World Trade determination in the countervailing Organization, for identifying and duty (‘‘CVD’’) investigation on OTR tires measuring subsidies in the PRC. On September 18, 2009, the CIT from the PRC. The final judgment in this remanded this matter to the Department case was not in harmony with the either ‘‘to forego the imposition of CVDs Department’s July 2008 final on the merchandise at issue or * * * to determination. adopt additional policies and DATES: Effective Date: October 12, 2010. procedures to adapt its NME AD and FOR FURTHER INFORMATION CONTACT: CVD methodologies to account for the Andrew Huston or Jack Zhao, AD/CVD imposition of CVD remedies on Operations, Office 6, Import merchandise from the PRC.’’ GPX Int’l Administration, International Trade Tire Corp. v. United States, Consol. Ct. Administration, U.S. Department of No. 08–00285, Slip Op. 09–103 at *33 Commerce, 14th Street and Constitution (Ct. Int’l Trade September 18, 2009) Avenue, NW., Washington DC 20230; (‘‘GPX I’’). The CIT also ordered the telephone (202) 482–4261 or (202) 482– Department, should it continue to 1396, respectively. impose CVD remedies, to ‘‘refrain from SUPPLEMENTARY INFORMATION: In July using a uniform cut-off date for 2008, the Department published a final identifying and measuring subsidies in determination in which it found that the PRC while it remains a designated countervailable subsidies are being NME and must evaluate the specific provided to producers/exporters of OTR facts of each subsidy to determine what tires from the PRC. See Certain New kind of subsidy exists and whether it is Pneumatic Off-The-Road-Tires From the measurable at a particular time in the People’s Republic of China: Final PRC.’’ Id. Affirmative Countervailing Duty On April 26, 2010, the Department Determination and Final Negative issued an initial remand Determination of Critical redetermination under protest in which Circumstances, 73 FR 40480 (July 15, it continued to impose CVD remedies 2008) (‘‘Final Determination’’). As part of upon imports of subject merchandise the Final Determination, the Department from the PRC, but determined, for certain of those imports, to offset those calculated a CVD rate of 14.00 percent CVDs against calculated dumping for Hebei Starbright Tire Co., Ltd. margins. See Remand Redetermination, (‘‘Starbright’’), 6.85 percent for Tianjin GPX Int’l Tire Corp. v. United States, United Tire & Rubber International Co., Consol. Ct. No. 08–00285, dated April Ltd. (‘‘TUTRIC’’), and 2.45 percent for 26, 2010, at 7–11, 42–44. The Guizhou Tire Co., Ltd. (‘‘GTC’’) and an Department also under protest refrained all-others CVD rate of 5.62 percent. See Final Determination, 73 FR at 40483. On from using a uniform cut-off date for identifying and measuring subsidies in September 4, 2008, the Department the PRC and instead evaluated the published a CVD order on OTR tires srobinson on DSKHWCL6B1PROD with NOTICES DEPARTMENT OF COMMERCE VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 62505 specific facts of each subsidy to determine the nature of each subsidy and the point in time that each type of subsidy became measurable. Id. at 20– 40, 51–53. On August 4, 2010, the CIT ruled the above-described offset methodology to be unreasonable and inconsistent with the statute and ordered the Department ‘‘to forego the imposition of CVDs on the merchandise at issue.’’ GPX Int’l Tire Corp. v. United States, Consol. Ct. No. 08–00285, Slip Op. 10–84 at *28 (Ct. Int’l Trade August 4, 2010) (‘‘GPX II’’). Accordingly, in a second remand redetermination filed with the CIT under protest on September 3, 2010, the Department excluded Starbright and TUTRIC from the CVD order, but continued to apply its revised approach to selecting the date on which to identify and measure subsidies adopted under protest in its initial remand redetermination with respect to GTC. See Second Remand Redetermination, GPX Int’l Tire Corp. v. United States, Consol. Ct. No. 08–00285, dated September 3, 2010, at 2–4. As a result, the Department calculated a CVD rate of 3.35 percent for GTC and an all-others CVD rate of 3.35 percent. Id. at 8. The CIT affirmed the Department’s second remand redetermination on October 1, 2010. See GPX III, Slip Op. 09–112 at *3. 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 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 excluding OTR tires produced and exported by Starbright or TUTRIC from the countervailing duty order on OTR tires from the PRC and will issue E:\FR\FM\12OCN1.SGM 12OCN1 62506 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices revised instructions to U.S. Customs and Border Protection. This notice is issued and published in accordance with section 516A(c)(1) of the Act. DEPARTMENT OF COMMERCE Dated: October 6, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Assessment Process Webinars for Highly Migratory Species (HMS) Fisheries Sandbar, Dusky, and Blacknose Sharks; Webinars; Correction [FR Doc. 2010–25689 Filed 10–8–10; 8:45 am] BILLING CODE 3510–DS–P National Oceanic and Atmospheric Administration RIN 0648–XY43 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of addendum to a meeting notice for SEDAR 21 HMS of sandbar, dusky, and blacknose sharks assessment webinars. AGENCY: Webinar This notice updates information relative to the SEDAR 21 assessments of the HMS stocks of sandbar, dusky, and blacknose sharks will consist of a series of workshops and webinars: a Data Workshop, a series of Assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION. SUMMARY: The SEDAR 21 Assessment Process I webinars will be held between September 14th and December 8th, 2010. See SUPPLEMENTARY INFORMATION for exact dates and times. Note: The schedule has been modified to add a webinar on October 22nd. The established times may be adjusted as necessary to accommodate the timely completion of discussion relevant to the assessment process. Such adjustments may result in the meeting being extended from, or completed prior to the time established by this notice. DATES: Date Day ........................ ........................ ........................ ........................ September 14, 2010 .................................................. September 16, 2010 .................................................. September 30, 2010 .................................................. October 5, 2010 ........................................................ Tuesday ..................................................................... Thursday .................................................................... Thursday .................................................................... Tuesday ..................................................................... 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... 11 ...................... 12 ...................... 13 ...................... October 8, 2010 ........................................................ October 22, 2010 ...................................................... October 26, 2010 ...................................................... October 28, 2010 ...................................................... November 2, 2010 ..................................................... November 4, 2010 ..................................................... November 8, 2010 ..................................................... November 10, 2010 ................................................... December 8, 2010 ..................................................... Friday ......................................................................... Friday ......................................................................... Tuesday ..................................................................... Thursday .................................................................... Tuesday ..................................................................... Thursday .................................................................... Monday ...................................................................... Wednesday ................................................................ Wednesday ................................................................ 1 2 3 4 The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (See Contact Information Below) to request an invitation providing webinar access information. FOR FURTHER INFORMATION CONTACT: Julie A Neer, SEDAR Coordinator, 4055 Faber Place, Suite 201, North Charleston, SC 29405; telephone: (843) 571–4366; email: Julie.neer@safmc.net. SUPPLEMENTARY INFORMATION: The original document published on August 26, 2010 (75 FR 52510). A meeting has been added to the agenda, therefore, we are publishing the document in its entirety. The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for srobinson on DSKHWCL6B1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 determining the status of fish stocks in the Southeast Region. SEDAR is a threestep process including: (1) Data Workshop, (2) Assessment Process utilizing webinars and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a Summary documenting Panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Time (Eastern) 10 am–2 pm 10 am–2 pm 1pm–5 pm 9:30 am–12:30 pm 10 am–2 pm 11 am–3 pm 10 am–2 pm 10 am–2 pm 10 am–2 pm 10 am–2 pm 10 am–2 pm 10 am–2 pm 10 am–2 pm Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO’s; International experts; and staff of Councils, Commissions, and state and federal agencies. SEDAR 21 Assessment Process I webinar series: Using datasets recommended from the Data Workshop, participants will employ assessment models to evaluate stock status, estimate population benchmarks and management criteria, and project future conditions. Participants will recommend the most appropriate methods and configurations for determining stock status and estimating population parameters. Meeting Schedule: Note that the schedule has been modified to add a webinar on October 22nd. E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62505-62506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25689]



[[Page 62505]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


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 second remand redetermination made by the 
Department of Commerce (``Department'') pursuant to the CIT's remand of 
the final determination in the countervailing 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 countervailing duty (``CVD'') 
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: Andrew Huston or Jack Zhao, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone (202) 482-4261 
or (202) 482-1396, respectively.

SUPPLEMENTARY INFORMATION: In July 2008, the Department published a 
final determination in which it found that countervailable subsidies 
are being provided to producers/exporters of OTR tires from the PRC. 
See Certain New Pneumatic Off-The-Road-Tires From the People's Republic 
of China: Final Affirmative Countervailing Duty Determination and Final 
Negative Determination of Critical Circumstances, 73 FR 40480 (July 15, 
2008) (``Final Determination''). As part of the Final Determination, 
the Department calculated a CVD rate of 14.00 percent for Hebei 
Starbright Tire Co., Ltd. (``Starbright''), 6.85 percent for Tianjin 
United Tire & Rubber International Co., Ltd. (``TUTRIC''), and 2.45 
percent for Guizhou Tire Co., Ltd. (``GTC'') and an all-others CVD rate 
of 5.62 percent. See Final Determination, 73 FR at 40483. On September 
4, 2008, the Department published a CVD order on OTR tires from the 
PRC. See Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Countervailing Duty Order, 73 FR 51627 (September 4, 
2008).
    Domestic interested party Bridgestone Americas, Inc. and 
Bridgestone Americas Tire Operations, LLC (collectively, 
``Bridgestone''), 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''), interested party GPX International Tire 
Corporation, and respondent companies Starbright and TUTRIC each timely 
challenged various aspects of the Final Determination to the CIT. Among 
the issues raised before the Court were the Department's authority to 
apply the CVD law to the PRC while also treating the PRC as a non-
market economy (``NME'') country for antidumping (``AD'') purposes and 
the Department's application of a cut-off date of December 11, 2001, 
the date of the PRC's accession to the World Trade Organization, for 
identifying and measuring subsidies in the PRC.
    On September 18, 2009, the CIT remanded this matter to the 
Department either ``to forego the imposition of CVDs on the merchandise 
at issue or * * * to adopt additional policies and procedures to adapt 
its NME AD and CVD methodologies to account for the imposition of CVD 
remedies on merchandise from the PRC.'' GPX Int'l Tire Corp. v. United 
States, Consol. Ct. No. 08-00285, Slip Op. 09-103 at *33 (Ct. Int'l 
Trade September 18, 2009) (``GPX I''). The CIT also ordered the 
Department, should it continue to impose CVD remedies, to ``refrain 
from using a uniform cut-off date for identifying and measuring 
subsidies in the PRC while it remains a designated NME and must 
evaluate the specific facts of each subsidy to determine what kind of 
subsidy exists and whether it is measurable at a particular time in the 
PRC.'' Id.
    On April 26, 2010, the Department issued an initial remand 
redetermination under protest in which it continued to impose CVD 
remedies upon imports of subject merchandise from the PRC, but 
determined, for certain of those imports, to offset those CVDs against 
calculated dumping margins. See Remand Redetermination, GPX Int'l Tire 
Corp. v. United States, Consol. Ct. No. 08-00285, dated April 26, 2010, 
at 7-11, 42-44. The Department also under protest refrained from using 
a uniform cut-off date for identifying and measuring subsidies in the 
PRC and instead evaluated the specific facts of each subsidy to 
determine the nature of each subsidy and the point in time that each 
type of subsidy became measurable. Id. at 20-40, 51-53.
    On August 4, 2010, the CIT ruled the above-described offset 
methodology to be unreasonable and inconsistent with the statute and 
ordered the Department ``to forego the imposition of CVDs on the 
merchandise at issue.'' GPX Int'l Tire Corp. v. United States, Consol. 
Ct. No. 08-00285, Slip Op. 10-84 at *28 (Ct. Int'l Trade August 4, 
2010) (``GPX II''). Accordingly, in a second remand redetermination 
filed with the CIT under protest on September 3, 2010, the Department 
excluded Starbright and TUTRIC from the CVD order, but continued to 
apply its revised approach to selecting the date on which to identify 
and measure subsidies adopted under protest in its initial remand 
redetermination with respect to GTC. See Second Remand Redetermination, 
GPX Int'l Tire Corp. v. United States, Consol. Ct. No. 08-00285, dated 
September 3, 2010, at 2-4. As a result, the Department calculated a CVD 
rate of 3.35 percent for GTC and an all-others CVD rate of 3.35 
percent. Id. at 8. The CIT affirmed the Department's second remand 
redetermination on October 1, 2010. See GPX III, Slip Op. 09-112 at *3.

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 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 
excluding OTR tires produced and exported by Starbright or TUTRIC from 
the countervailing duty order on OTR tires from the PRC and will issue

[[Page 62506]]

revised 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. 2010-25689 Filed 10-8-10; 8:45 am]
BILLING CODE 3510-DS-P