Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results, 20659-20661 [2021-08259]

Download as PDF Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Notices A copy of the application will be available for public inspection in the ‘‘Reading Room’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Qahira El-Amin at Qahira.El-Amin@ trade.gov. Dated: April 15, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–08260 Filed 4–20–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–885, C–533–886] Polyester Textured Yarn from India: Rescission of Antidumping Duty and Countervailing Duty Administrative Reviews; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative reviews of the antidumping duty (AD) and countervailing duty (CVD) orders on polyester textured yarn from India for the periods of review (POR) July 1, 2019, through December 31, 2020 (AD) and May 3, 2019, through December 31, 2020 (CVD), based on the timely withdrawal of the requests for review. DATES: Applicable April 21, 2021. FOR FURTHER INFORMATION CONTACT: Samantha Kinney (AD) or Janae Martin (CVD), AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2285 or (202) 482–0238, respectively. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background On January 5, 2021, Commerce published in the Federal Register a notice of opportunity to request administrative reviews of the AD and CVD orders on polyester textured yarn from India.1 On February 1, 2021, Sanathan Textiles Private Limited (Sanathan) requested administrative reviews of the AD and CVD orders for the PORs July 1, 2019, through December 31, 2020 (AD), and May 3, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 86 FR 291 (January 5, 2021). VerDate Sep<11>2014 18:12 Apr 20, 2021 Jkt 253001 2019, through December 31, 2020 (CVD).2 Pursuant to these requests, Commerce initiated AD and CVD administrative reviews with respect to Sanathan, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).3 Subsequent to the initiation of these administrative reviews, Sanathan timely withdrew its requests for these reviews.4 No other party requested an administrative review of the AD or CVD order on polyester textured yarn from India. Rescission of Administrative Reviews Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. As stated above, Sanathan withdrew its requests for administrative reviews by the established 90-day deadline and there were no other requests for review. As a result, Commerce is rescinding these reviews in their entirety, in accordance with 19 CFR 351.213(d)(1). Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping and countervailing duties on all appropriate entries at rates equal to the cash deposit of estimated antidumping and countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the periods July 1, 2019, through December 31, 2020 (AD), and May 3, 2019, through December 31, 2020 (CVD), in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after publication of this notice in the Federal Register. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a 2 See Sanathan’s Letters, ‘‘Polyester Texture yarn from India (A–533–885)—Request for Administrative Review of Anti-dumping duty order on behalf of Sanathan Textiles,’’ dated February 1, 2021; and ‘‘Polyester Texture yarn from India (C– 533–886)—Request for Administrative Review of Countervailing duty order on behalf of Sanathan Textiles,’’ dated February 1, 2021. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 12599 (March 4, 2021). 4 See Sanathan’s Letters, ‘‘Polyester Texture yarn from India (A–533–885)—Withdrawal Request for Administrative Review of Anti-dumping duty order on behalf of Sanathan Textiles,’’ dated March 12, 2021; and ‘‘Polyester Texture yarn from India (C– 533–886)—Withdrawal Request of Request for Administrative Review of Countervailing duty order on behalf of Sanathan Textiles,’’ dated March 12, 2021. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 20659 certificate regarding the reimbursement of antidumping and countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and countervailing duties occurred and the subsequent assessment of doubled antidumping and countervailing duties. Notification Regarding Administrative Protective Orders This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4). Dated: April 16, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–08257 Filed 4–20–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–016] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 29, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Shandong Yongtai Group Co., Ltd. v. United States, Consol. Court No. 18–00077, sustaining the Department of Commerce (Commerce)’s first remand results pertaining to the administrative review AGENCY: E:\FR\FM\21APN1.SGM 21APN1 20660 Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Notices of the antidumping duty (AD) order on certain passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) covering the period of review (POR) January 27, 2015, through July 31, 2016. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Shandong Yongtai Chemical Co., Ltd. and its successor-in-interest Shandong Yongtai Group Co., Ltd. DATES: Applicable February 8, 2021. FOR FURTHER INFORMATION CONTACT: Toni Page, 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) 482–1398. SUPPLEMENTARY INFORMATION: Background On March 16, 2018, Commerce published its Final Results in the 2015– 2016 AD administrative review of passenger tires from China.1 In that proceeding, Commerce granted separate rate status to Shandong Yongtai Group Co., Ltd. (Yongtai Group), but did not grant separate rate status to Shandong Yongtai Chemical Co., Ltd. (Yongtai Chemical) because Yongtai Group did not identify any record information that would allow Commerce to determine that Yongtai Chemical merited a separate rate or whether Yongtai Group was the successor-in-interest of Yongtai Chemical.2 Yongtai Group argued that it was the successor-in-interest of Yongtai Chemical and that Commerce should have granted separate status to Yongtai Chemical as well.3 Yongtai Group appealed Commerce’s Final Results. On November 27, 2019, the CIT remanded the Final Results to Commerce to further consider the separate rate status of Yongtai Chemical and/or to consider whether Yongtai Group was the successor-in-interest to Yongtai Chemical.4 Following the CIT’s Passenger Tires AR1 Remand Order, Commerce determined it was appropriate to reopen the record for this remand to solicit information from Yongtai Group to determine whether it is the successor-in-interest to Yongtai Chemical. On January 28, 2020, Commerce issued a supplemental questionnaire to Yongtai Group soliciting information needed to perform our successor-in-interest analysis.5 On February 11, 2020, Yongtai Group filed its response to Commerce’s questionnaire.6 In its final remand redetermination, issued in March 2020, Commerce determined, after reconsidering the record evidence submitted by Yongtai Group in its separate rate application and in the Yongtai Group Remand SQR, that there was sufficient information on the record to find Yongtai Group to be the successor-in-interest to Yongtai Chemical and grant separate rate status to Yongtai Chemical.7 The CIT sustained Commerce’s final redetermination and severed this action from the consolidated action with Qingdao Sentury Co. Ltd. v. United States, Court No. 18–00079 and Pirelli Tyre Co. Ltd. v. United States, Court No. 18–00080.8 Timken Notice In its decision in Timken,9 as clarified by Diamond Sawblades,10 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s January 29, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Yongtai Group and Yongtai Chemical as follows: Exporter or producer Shandong Yongtai Group Co., Ltd. formerly known as Shandong Yongtai Chemical Co., Ltd ............................. Estimated weighted-average dumping margin from final determination (percent) Estimated weighted-average dumping margin for remand redetermination (percent) * 2.96 khammond on DSKJM1Z7X2PROD with NOTICES * Only Yongtai Group received a separate rate of 2.96 percent in the Final Results. Cash Deposit Requirements Liquidation of Suspended Entries Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). Previously, the CIT enjoined Commerce from liquidating entries that were: (1) Exported by Shandong Yongtai Chemical Co., Ltd.; (2) the subject of the United States Department of Commerce’s final determination in certain passenger vehicle and light truck tires from the PRC, 83 FR 11,690 (Mar. 16, 2018); (3) entered, or withdrawn from warehouse for consumption, on or after: (a) January 27, 2015, up to and including July 25, 2015; and (b) August 6, 2015, up to and including July 31, 2016. Because the CIT’s ruling was not 1 See Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016, 83 FR 11690 (March 16, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Final Results IDM at Comment 12. 3 Id. 4 See Shandong Yongtai Group Co. v. United States, 415 F. Supp. 3d. 1303 (CIT 2019) (Passenger Tires AR1 Remand Order). 5 See Yongtai Group’s Letter, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China Supplemental Questionnaire Re: Shandong Yongtai Group Co., Ltd.,’’ dated January 28, 2020. 6 See Yongtai Group’s Letter, ‘‘Supplemental Questionnaire Response of Shandong Yongtai Group Co., Ltd. (formerly Shandong Yongtai Chemical Co., Ltd.), First Administrative Review of the Antidumping Duty Order on Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China (REMAND),’’ dated February 11, 2020 (Yongtai Group Remand SQR). 7 See Final Results of Redetermination Pursuant to Court Remand, Shandong Yongtai Group Co. v. United States, Consol. Ct. No. 18–00077, Slip Op. 19–150 (March 3, 2020). 8 See Shandong Yongtai Group Co. v. United States, Consol. Ct. No. 18–00077, CIT Slip Op. 21– 10 (January 29, 2021). 9 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 10 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 18:12 Apr 20, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Notices appealed and was upheld by a final and conclusive court decision, the injunction enjoying liquidation of such entries has dissolved. Commerce intends to instruct CBP to assess antidumping duties on such entries, in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all such entries when the importer-specific ad valorem assessment rate is not zero or de minimis. Where an import-specific ad valorem assessment rate is zero or de minimis,11 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: April 14, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–08259 Filed 4–20–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–094] Refillable Stainless Steel Kegs From the People’s Republic of China; Rescission of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the first administrative review of the countervailing duty (CVD) order on refillable stainless steel kegs from the People’s Republic of China (China) for the period of review (POR) December 13, 2019, through December 31, 2019, based on the timely withdrawal of the request for review. DATES: Applicable April 21, 2021. FOR FURTHER INFORMATION CONTACT: Theodore Pearson, 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) 482–2631. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Background On December 2, 2020, Commerce published a notice of opportunity to request an administrative review of the 11 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 18:12 Apr 20, 2021 Jkt 253001 CVD order on refillable stainless steel kegs from China for the POR December 13, 2019, through December 31, 2019.1 In accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), Commerce received a timely-filed request for an administrative review from Ningbo Master International Trade Co., Ltd. (Ningbo Master.2 Commerce received no other requests for administrative review. On February 4, 2021, pursuant to this request and in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an administrative review of the CVD order on refillable stainless steel kegs from China with respect to Ningbo Master.3 On March 30, 2021, Ningbo Master withdrew its request for an administrative review.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, Ningbo Master withdrew its request for review within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this in its entirety. Assessment Commerce intends to instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries of refillable stainless steel kegs from China during the POR. Countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 85 FR 77431 (December 2, 2020). 2 See Ningbo Master’s Letter, ‘‘Refillable Stainless Steel Kegs from the People’s Republic of China— Request for Administrative Review,’’ dated December 31, 2020. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 8166 (February 4, 2021). 4 See Ningbo Master’s Letter, ‘‘Refillable Stainless Steel Kegs from the People’s Republic of China— Withdrawal of Request for Administrative Review,’’ dated March 30, 2021. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 20661 Notification Regarding Administrative Protective Orders This notice serves as a reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: April 16, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–08243 Filed 4–20–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Application and Reports for Scientific Research and Enhancement Permits Under the Endangered Species Act National Oceanic & Atmospheric Administration (NOAA), Commerce. ACTION: Notice of information collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before June 21, 2021. ADDRESSES: Interested persons are invited to submit written comments to SUMMARY: E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Notices]
[Pages 20659-20661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08259]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Notice of Court Decision Not in Harmony With the 
Results of Antidumping Administrative Review; Notice of Amended Final 
Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 29, 2021, the U.S. Court of International Trade 
(CIT) issued its final judgment in Shandong Yongtai Group Co., Ltd. v. 
United States, Consol. Court No. 18-00077, sustaining the Department of 
Commerce (Commerce)'s first remand results pertaining to the 
administrative review

[[Page 20660]]

of the antidumping duty (AD) order on certain passenger vehicle and 
light truck tires (passenger tires) from the People's Republic of China 
(China) covering the period of review (POR) January 27, 2015, through 
July 31, 2016. Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final results of the 
administrative review, and that Commerce is amending the final results 
with respect to the dumping margin assigned to Shandong Yongtai 
Chemical Co., Ltd. and its successor-in-interest Shandong Yongtai Group 
Co., Ltd.

DATES: Applicable February 8, 2021.

FOR FURTHER INFORMATION CONTACT: Toni Page, 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) 482-1398.

SUPPLEMENTARY INFORMATION:

Background

    On March 16, 2018, Commerce published its Final Results in the 
2015-2016 AD administrative review of passenger tires from China.\1\ In 
that proceeding, Commerce granted separate rate status to Shandong 
Yongtai Group Co., Ltd. (Yongtai Group), but did not grant separate 
rate status to Shandong Yongtai Chemical Co., Ltd. (Yongtai Chemical) 
because Yongtai Group did not identify any record information that 
would allow Commerce to determine that Yongtai Chemical merited a 
separate rate or whether Yongtai Group was the successor-in-interest of 
Yongtai Chemical.\2\ Yongtai Group argued that it was the successor-in-
interest of Yongtai Chemical and that Commerce should have granted 
separate status to Yongtai Chemical as well.\3\
---------------------------------------------------------------------------

    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2015-
2016, 83 FR 11690 (March 16, 2018) (Final Results), and accompanying 
Issues and Decision Memorandum (IDM).
    \2\ See Final Results IDM at Comment 12.
    \3\ Id.
---------------------------------------------------------------------------

    Yongtai Group appealed Commerce's Final Results. On November 27, 
2019, the CIT remanded the Final Results to Commerce to further 
consider the separate rate status of Yongtai Chemical and/or to 
consider whether Yongtai Group was the successor-in-interest to Yongtai 
Chemical.\4\ Following the CIT's Passenger Tires AR1 Remand Order, 
Commerce determined it was appropriate to reopen the record for this 
remand to solicit information from Yongtai Group to determine whether 
it is the successor-in-interest to Yongtai Chemical. On January 28, 
2020, Commerce issued a supplemental questionnaire to Yongtai Group 
soliciting information needed to perform our successor-in-interest 
analysis.\5\ On February 11, 2020, Yongtai Group filed its response to 
Commerce's questionnaire.\6\
---------------------------------------------------------------------------

    \4\ See Shandong Yongtai Group Co. v. United States, 415 F. 
Supp. 3d. 1303 (CIT 2019) (Passenger Tires AR1 Remand Order).
    \5\ See Yongtai Group's Letter, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China Supplemental 
Questionnaire Re: Shandong Yongtai Group Co., Ltd.,'' dated January 
28, 2020.
    \6\ See Yongtai Group's Letter, ``Supplemental Questionnaire 
Response of Shandong Yongtai Group Co., Ltd. (formerly Shandong 
Yongtai Chemical Co., Ltd.), First Administrative Review of the 
Antidumping Duty Order on Certain Passenger Vehicle and Light Truck 
Tires from the People's Republic of China (REMAND),'' dated February 
11, 2020 (Yongtai Group Remand SQR).
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    In its final remand redetermination, issued in March 2020, Commerce 
determined, after reconsidering the record evidence submitted by 
Yongtai Group in its separate rate application and in the Yongtai Group 
Remand SQR, that there was sufficient information on the record to find 
Yongtai Group to be the successor-in-interest to Yongtai Chemical and 
grant separate rate status to Yongtai Chemical.\7\ The CIT sustained 
Commerce's final redetermination and severed this action from the 
consolidated action with Qingdao Sentury Co. Ltd. v. United States, 
Court No. 18-00079 and Pirelli Tyre Co. Ltd. v. United States, Court 
No. 18-00080.\8\
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    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Shandong Yongtai Group Co. v. United States, Consol. Ct. No. 
18-00077, Slip Op. 19-150 (March 3, 2020).
    \8\ See Shandong Yongtai Group Co. v. United States, Consol. Ct. 
No. 18-00077, CIT Slip Op. 21-10 (January 29, 2021).
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's January 29, 2021, judgment constitutes a final decision of 
the CIT that is not in harmony with Commerce's Final Results. Thus, 
this notice is published in fulfillment of the publication requirements 
of Timken.
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    \9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Yongtai Group and Yongtai Chemical as 
follows:

------------------------------------------------------------------------
                                            Estimated       Estimated
                                            weighted-       weighted-
                                             average     average dumping
          Exporter or producer           dumping margin     margin for
                                           from final         remand
                                          determination  redetermination
                                            (percent)       (percent)
------------------------------------------------------------------------
Shandong Yongtai Group Co., Ltd.                      *             2.96
 formerly known as Shandong Yongtai
 Chemical Co., Ltd.....................
------------------------------------------------------------------------
* Only Yongtai Group received a separate rate of 2.96 percent in the
  Final Results.

Cash Deposit Requirements

    Commerce will issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP).

Liquidation of Suspended Entries

    Previously, the CIT enjoined Commerce from liquidating entries that 
were: (1) Exported by Shandong Yongtai Chemical Co., Ltd.; (2) the 
subject of the United States Department of Commerce's final 
determination in certain passenger vehicle and light truck tires from 
the PRC, 83 FR 11,690 (Mar. 16, 2018); (3) entered, or withdrawn from 
warehouse for consumption, on or after: (a) January 27, 2015, up to and 
including July 25, 2015; and (b) August 6, 2015, up to and including 
July 31, 2016. Because the CIT's ruling was not

[[Page 20661]]

appealed and was upheld by a final and conclusive court decision, the 
injunction enjoying liquidation of such entries has dissolved. Commerce 
intends to instruct CBP to assess antidumping duties on such entries, 
in accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all such entries when the importer-specific ad 
valorem assessment rate is not zero or de minimis. Where an import-
specific ad valorem assessment rate is zero or de minimis,\11\ we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
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    \11\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: April 14, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-08259 Filed 4-20-21; 8:45 am]
BILLING CODE 3510-DS-P