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]
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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
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DEPARTMENT OF COMMERCE
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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
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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
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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
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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
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[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
