Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results, 1801-1802 [2020-00300]
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Federal Register / Vol. 85, No. 8 / Monday, January 13, 2020 / Notices
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SUPPLEMENTARY INFORMATION:
Dated: December 12, 2019.
Cikena Reid,
USDA Committee Management Officer.
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DEPARTMENT OF COMMERCE
Census Bureau
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act: The Fertility
Supplement to the Current Population
Survey. This survey, conducted every
two years in June, is a supplemental
survey asked of female household
members ages 15 to 50. It will be
collected in June 2020, to obtain the
number of children ever given birth to
(if any), the year the first child was
born, and the marital or cohabitation
status at the time the first child was
born.
Agency: U.S. Census Bureau.
Title: Current Population Survey,
Fertility Supplement.
OMB Control Number: 0607–0610.
Form Number(s): There are no forms.
We conduct all interviews on
computers.
Type of Request: Reinstatement,
without change, of a previously
approved collection for which approval
has expired.
Number of Respondents: 30,000.
Average Hours per Response:
Approximately 1 minute per response.
Burden Hours: 500.
Needs and Uses: This survey provides
information used mainly by government
and private analysts to project future
population growth, to analyze child
spacing, and to aid policymakers and
private analysts in their decisions
affected by changes in family size and
composition. Past studies have
discovered noticeable changes in the
patterns of fertility rates and the timing
of the first birth. Potential needs for
government assistance, such as aid to
families with dependent children, child
care, and maternal health care for single
parent households, can be estimated
using CPS characteristics matched with
fertility data.
Affected Public: Individuals or
Households.
Frequency: Biennially.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13, United
States Code, Sections 8(b), 141, and 182;
and Title 29, United States Code,
Sections 1–9 authorize the Census
Bureau to collect this information.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view
Department of Commerce collections
currently under review by OMB.
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Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202)395–5806.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–00310 Filed 1–10–20; 8:45 am]
BILLING CODE 3510–07–P
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 Court Decision Not in
Harmony With Final Results of
Administrative Review and Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2019, the
United States Court of International
Trade (the Court) issued final judgment
in Guizhou Tyre Co. Ltd.; Guizhou Tyre
Import & Export Co., Ltd; & Xuzhou
Xugong Tyres Co., Ltd. v. United States,
Consol. Court No. 17–00101, Slip Op.
19–171, sustaining the Department of
Commerce’s (Commerce) remand results
pertaining to the 2014 administrative
review of the countervailing duty (CVD)
order on certain pneumatic off-the-road
tires (OTR Tires) from the People’s
Republic of China (China). Commerce is
notifying the public that the Court has
made a final judgment that is not in
harmony with the final results of the
2014 administrative review, and that
Commerce is amending the final results
of the 2014 administrative review with
respect to mandatory respondents and
non-selected companies.
DATES: Applicable January 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5484.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 18, 2017, Commerce
published the Final Results pertaining
to mandatory respondents Guizhou Tyre
Co., Ltd. (Guizhou Tyre) and Xuzhou
Xugong Tyres Co. Ltd. (Xuzhou Xugong)
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Federal Register / Vol. 85, No. 8 / Monday, January 13, 2020 / Notices
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in the 2014 administrative review of the
CVD order on OTR Tires from China.1
The period of review is January 1, 2014
through December 31, 2014. In the Final
Results, Commerce found, based on
adverse facts available (AFA), that the
mandatory respondents had used the
Export Buyer’s Credit Program (EBCP).2
On October 25, 2018, the Court
remanded the Final Results to
Commerce to reconsider its decision to
apply AFA to the EBCP program.3
Specifically, the Court held that
‘‘Commerce had a clear path to find
non-use by either accepting the
declarations submitted by {p}laintiffs
and their U.S. Customers or by verifying
these declarations,’’ and ordered
Commerce to reconsider the evidence of
non-use by Government of China
(GOC).4
On March 5, 2019, Commerce
submitted its remand redetermination,
in which it reconsidered its decision to
apply AFA to the EBCP and provided
extensive additional explanation in
support of its treatment of the program.5
Guizhou Tyre and Xuzhou Xugong
continued to challenge Commerce’s
determination regarding the use of
EBCP. Pursuant to the Court’s remand
order, Commerce had explained how
the GOC’s refusal to provide certain
information concerning the operation of
the program prevented a meaningful
and accurate verification of the non-use
claims of the respondents and their U.S.
customers.6
On August 21, 2019, the Court again
remanded the determination to
Commerce, ordering Commerce to
reconsider its application of AFA in
light of the record evidence of non-use.
The Court held that Commerce did not
establish that there was a gap in the
record that warranted the application of
AFA with respect to the EBCP program.7
On November 19, 2019, Commerce
filed its second remand redetermination
with the Court reconsidering its
decision to apply AFA in evaluating use
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
of Countervailing Duty Administrative Review;
2014, 82 FR 18285 (April 18, 2017) (Final Results),
and the accompanying Issues and Decision
Memorandum (IDM).
2 See Final Results IDM.
3 See Guizhou Tyre Co., Ltd., et al. v. United
States, CIT Slip Op. 18–140, Consol. Ct. No. 17–
00101 (October 17, 2018) (First Remand Order) at
25–26.
4 See First Remand Order at 9 and 25.
5 See Results of Redetermination Pursuant to
Court Remand (March 5, 2018) (First Remand
Results) at 5–17 and 24–33.
6 See First Remand Results at 5–17.
7 See Guizhou Tyre Co., Ltd., et al. v. United
States, CIT Slip Op. 19–114, Consol. Ct. No. 17–
00101 (August 21, 2019) (Second Remand Order) at
3–5 and 11.
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of the EBCP, in which it determined,
under respectful protest, that the EBCP
program was not used by the
respondents based on the certifications
submitted by Guizhou Tyre from its
customers stating that they did not use
program and the record statements by
Xuzhou Xugong that none of its
customers used the program.8
Accordingly, Commerce assigned
Guizhou Tyre, Xuzhou Xugong and
other non-selected companies net
subsidy rates of 19.78 percent, 46.31
percent, and 33.05 percent,
respectively.9
On December 26, 2019, the Court
sustained Commerce’s Second Remand
Results and entered final judgment.10
Timken Notice
In its decision in Timken,11 as
clarified by Diamond Sawblades,12 the
U.S. Court of Appeals for the Federal
Circuit (CAFC) held that, pursuant to
section 516A(e) of the Tariff Act of
1930, as amended (the Act), Commerce
must publish a notice of a court
decision that is not ‘‘in harmony’’ with
a Commerce determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s December 26, 2019 final
judgment sustaining Commerce’s
Second Remand Results constitutes a
final decision of the Court that is not in
harmony with Commerce’s Final
Results.13 This notice is published in
fulfillment of the Timken publication
requirements.
Amended Final Results
Because there is now a final court
decision, we are amending the Final
Results with respect to the CVD rates
calculated for Guizhou Tyre and
Xuzhou Xugong. Based on the Second
Remand Results, as sustained by the
Court, the revised CVD rates for
Guizhou Tyre, Xuzhou Xugong, and
non-selected companies, from January 1,
2014 through December 31, 2014, are
19.78 percent, 46.31 percent, and 33.05
percent, respectively.
In the event that the Court’s ruling is
not appealed, or, if appealed, is upheld
by a final and conclusive court decision,
8 See Results of Redetermination Pursuant to
Court Remand (November 19, 2019) (Second
Remand Results) at 8–10.
9 Id. at 9.
10 See Guizhou Tyre Co., Ltd.; Guizhou Tyre
Import & Export Co., Ltd; & Xuzhou Xugong Tyres
Co. Ltd. v. United States, CIT Slip Op. 19–171,
Consol. Ct. No. 17–00101 (December 26, 2019).
11 See Timken Co. v. United States, 893 F. 2d 337,
341 (Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F. 3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
13 See Final Results.
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Commerce will instruct Customs and
Border Protection to assess
countervailing duties on unliquidated
entries of subject merchandise based on
the revised subsidy rates summarized
above.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(e)(1),
781(d), and 777(i)(1) of the Act.
Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–00300 Filed 1–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–040]
Truck and Bus Tires From the People’s
Republic of China: Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 13, 2019, the
Department of Commerce (Commerce)
published a notice of initiation and
preliminary results of a changed
circumstances review (CCR) of the
antidumping duty order on truck and
bus tires from the People’s Republic of
China (China). For these final results,
Commerce continues to find that Sailun
Group Co., Ltd. (Sailun Group) is the
successor-in-interest to Sailun Jinyu
Group Co., Ltd. (Sailun Jinyu), and that
Sailun (Shenyang) Tire Co., Ltd. (Sailun
Shenyang) is the successor-in-interest to
Shenyang Peace Radial Tyre
Manufacturing Co., Ltd. (Shenyang
Peace).
DATES: Applicable January 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Lochard Philozin, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4260.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 13, 2019, Commerce
published a notice of initiation and
preliminary results of a CCR of the
antidumping duty order on truck and
bus tires from China, in which we found
that Sailun Jinyu changed its name to
Sailun Group, effective October 22,
2018, and Shenyang Peace changed its
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[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Notices]
[Pages 1801-1802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00300]
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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 Court Decision Not in Harmony With Final
Results of Administrative Review and Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2019, the United States Court of International
Trade (the Court) issued final judgment in Guizhou Tyre Co. Ltd.;
Guizhou Tyre Import & Export Co., Ltd; & Xuzhou Xugong Tyres Co., Ltd.
v. United States, Consol. Court No. 17-00101, Slip Op. 19-171,
sustaining the Department of Commerce's (Commerce) remand results
pertaining to the 2014 administrative review of the countervailing duty
(CVD) order on certain pneumatic off-the-road tires (OTR Tires) from
the People's Republic of China (China). Commerce is notifying the
public that the Court has made a final judgment that is not in harmony
with the final results of the 2014 administrative review, and that
Commerce is amending the final results of the 2014 administrative
review with respect to mandatory respondents and non-selected
companies.
DATES: Applicable January 6, 2020.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5484.
SUPPLEMENTARY INFORMATION:
Background
On April 18, 2017, Commerce published the Final Results pertaining
to mandatory respondents Guizhou Tyre Co., Ltd. (Guizhou Tyre) and
Xuzhou Xugong Tyres Co. Ltd. (Xuzhou Xugong)
[[Page 1802]]
in the 2014 administrative review of the CVD order on OTR Tires from
China.\1\ The period of review is January 1, 2014 through December 31,
2014. In the Final Results, Commerce found, based on adverse facts
available (AFA), that the mandatory respondents had used the Export
Buyer's Credit Program (EBCP).\2\
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Results of Countervailing Duty
Administrative Review; 2014, 82 FR 18285 (April 18, 2017) (Final
Results), and the accompanying Issues and Decision Memorandum (IDM).
\2\ See Final Results IDM.
---------------------------------------------------------------------------
On October 25, 2018, the Court remanded the Final Results to
Commerce to reconsider its decision to apply AFA to the EBCP
program.\3\ Specifically, the Court held that ``Commerce had a clear
path to find non-use by either accepting the declarations submitted by
{p{time} laintiffs and their U.S. Customers or by verifying these
declarations,'' and ordered Commerce to reconsider the evidence of non-
use by Government of China (GOC).\4\
---------------------------------------------------------------------------
\3\ See Guizhou Tyre Co., Ltd., et al. v. United States, CIT
Slip Op. 18-140, Consol. Ct. No. 17-00101 (October 17, 2018) (First
Remand Order) at 25-26.
\4\ See First Remand Order at 9 and 25.
---------------------------------------------------------------------------
On March 5, 2019, Commerce submitted its remand redetermination, in
which it reconsidered its decision to apply AFA to the EBCP and
provided extensive additional explanation in support of its treatment
of the program.\5\ Guizhou Tyre and Xuzhou Xugong continued to
challenge Commerce's determination regarding the use of EBCP. Pursuant
to the Court's remand order, Commerce had explained how the GOC's
refusal to provide certain information concerning the operation of the
program prevented a meaningful and accurate verification of the non-use
claims of the respondents and their U.S. customers.\6\
---------------------------------------------------------------------------
\5\ See Results of Redetermination Pursuant to Court Remand
(March 5, 2018) (First Remand Results) at 5-17 and 24-33.
\6\ See First Remand Results at 5-17.
---------------------------------------------------------------------------
On August 21, 2019, the Court again remanded the determination to
Commerce, ordering Commerce to reconsider its application of AFA in
light of the record evidence of non-use. The Court held that Commerce
did not establish that there was a gap in the record that warranted the
application of AFA with respect to the EBCP program.\7\
---------------------------------------------------------------------------
\7\ See Guizhou Tyre Co., Ltd., et al. v. United States, CIT
Slip Op. 19-114, Consol. Ct. No. 17-00101 (August 21, 2019) (Second
Remand Order) at 3-5 and 11.
---------------------------------------------------------------------------
On November 19, 2019, Commerce filed its second remand
redetermination with the Court reconsidering its decision to apply AFA
in evaluating use of the EBCP, in which it determined, under respectful
protest, that the EBCP program was not used by the respondents based on
the certifications submitted by Guizhou Tyre from its customers stating
that they did not use program and the record statements by Xuzhou
Xugong that none of its customers used the program.\8\ Accordingly,
Commerce assigned Guizhou Tyre, Xuzhou Xugong and other non-selected
companies net subsidy rates of 19.78 percent, 46.31 percent, and 33.05
percent, respectively.\9\
---------------------------------------------------------------------------
\8\ See Results of Redetermination Pursuant to Court Remand
(November 19, 2019) (Second Remand Results) at 8-10.
\9\ Id. at 9.
---------------------------------------------------------------------------
On December 26, 2019, the Court sustained Commerce's Second Remand
Results and entered final judgment.\10\
---------------------------------------------------------------------------
\10\ See Guizhou Tyre Co., Ltd.; Guizhou Tyre Import & Export
Co., Ltd; & Xuzhou Xugong Tyres Co. Ltd. v. United States, CIT Slip
Op. 19-171, Consol. Ct. No. 17-00101 (December 26, 2019).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\11\ as clarified by Diamond
Sawblades,\12\ the U.S. Court of Appeals for the Federal Circuit (CAFC)
held that, pursuant to section 516A(e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of a court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The Court's December 26, 2019 final judgment sustaining Commerce's
Second Remand Results constitutes a final decision of the Court that is
not in harmony with Commerce's Final Results.\13\ This notice is
published in fulfillment of the Timken publication requirements.
---------------------------------------------------------------------------
\11\ See Timken Co. v. United States, 893 F. 2d 337, 341 (Fed.
Cir. 1990) (Timken).
\12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\13\ See Final Results.
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, we are amending the
Final Results with respect to the CVD rates calculated for Guizhou Tyre
and Xuzhou Xugong. Based on the Second Remand Results, as sustained by
the Court, the revised CVD rates for Guizhou Tyre, Xuzhou Xugong, and
non-selected companies, from January 1, 2014 through December 31, 2014,
are 19.78 percent, 46.31 percent, and 33.05 percent, respectively.
In the event that the Court's ruling is not appealed, or, if
appealed, is upheld by a final and conclusive court decision, Commerce
will instruct Customs and Border Protection to assess countervailing
duties on unliquidated entries of subject merchandise based on the
revised subsidy rates summarized above.
Notification to Interested Parties
This notice is issued and published in accordance with section
516A(e)(1), 781(d), and 777(i)(1) of the Act.
Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00300 Filed 1-10-20; 8:45 am]
BILLING CODE 3510-DS-P
