Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of 2014-2015 Antidumping Administrative Review; Notice of Amended Final Results, 36275-36276 [2023-11775]

Download as PDF Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Notices Legal Authority: 45 CFR 75.302, 75.308, 75.361, and 75.364; 15 U.S.C. 1525; 42 U.S.C. 282. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0608–0069. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2023–11725 Filed 6–1–23; 8:45 am] BILLING CODE 3510–06–P Foreign-Trade Zones Board [B–10–2023] Foreign-Trade Zone (FTZ) 148; Authorization of Production Activity; CoLinx, LLC; (Wheel Hub-Bearing Assemblies); Crossville, Tennessee On January 27, 2023, CoLinx, LLC submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 148, in Crossville, Tennessee. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (88 FR 7394, February 3, 2023). On May 30, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including section 400.14. Dated: May 30, 2023. Elizabeth Whiteman, Executive Secretary. DEPARTMENT OF COMMERCE [FR Doc. 2023–11778 Filed 6–1–23; 8:45 am] Foreign-Trade Zones Board lotter on DSK11XQN23PROD with NOTICES1 DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P [B–9–2023] DEPARTMENT OF COMMERCE Foreign-Trade Zone (FTZ) 46; Authorization of Production Activity; Patheon Pharmaceuticals Inc.; (Pharmaceutical Products); Cincinnati, Ohio International Trade Administration On January 27, 2023, Patheon Pharmaceuticals Inc. submitted a notification of proposed production activity to the FTZ Board for its facilities within Subzone 46K, in Cincinnati, Ohio. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (88 FR 7394, February 3, 2023). On May 30, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including section 400.14. Dated: May 30, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–11779 Filed 6–1–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:34 Jun 01, 2023 Jkt 259001 [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Results of 2014– 2015 Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On May 18, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export Co., Ltd., et al. v. United States, Consol. Court No. 17–00100, Slip Op. 23–79 (CIT 2023) (Remand Order), sustaining the U.S. Department of Commerce’s (Commerce) second remand results pertaining to the administrative review of the antidumping duty (AD) order on certain new pneumatic off-the-road tires (OTR Tires) from the People’s Republic of China (China) covering the period September 1, 2014, through August 31, 2015. Commerce is notifying the public AGENCY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 36275 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 mandatory respondent, Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Co. Ltd., and Xuzhou Hanbang Tyre Co., Ltd. (collectively, Xugong), as well as all other qualifying separate rate respondents that are plaintiffs in the action (i.e., Qingdao Qihang Tyre Co., Ltd. (Qingdao Qihang), Qingdao Free Trade Zone Full-World International Trading Co., Ltd. (Full World), Trelleborg Wheel Systems (Xingtai) China, Co., Ltd. (Trelleborg), and Weihai Zhongwei Rubber Co., Ltd. (Zhongwei)). DATES: Applicable May 28, 2023. FOR FURTHER INFORMATION CONTACT: Brendan Quinn, Program Manager, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5848. SUPPLEMENTARY INFORMATION: Background On April 21, 2017, Commerce published its Final Results in the 2014– 2015 AD administrative review of OTR Tires from China.1 After correcting ministerial errors contained in the Final Results, on June 14, 2017, Commerce published the Amended Final Results, and calculated a weighted-average dumping margin of 33.14 percent for Xugong, which was also used as the separate rate applicable to various respondents not individually examined in the administrative review, including Qingdao Qihang, Full World, Trelleborg, and Zhongwei.2 Further, in the Final Results and Amended Final Results, Commerce determined that certain companies, including Guizhou Tyre Co Ltd. (GTC) and Guizhou Tyre Import and Export Co., Ltd. (GTCIE) (collectively, GTC/GTCIE) and Aeolus Tyre Co., Ltd., are part of the Chinawide entity.3 Aeolus, Full World, GTC/GTCIE, Qingdao Qihang, Trelleborg, Xugong, and Zhongwei, appealed Commerce’s Final Results/Amended Final Results. 1 See Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2014– 2015, 82 FR 18733 (April 21, 2017) (Final Results), and accompanying Issues and Decision Memorandum. 2 See Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014–2015, 82 FR 27224 (June 14, 2017) (Amended Final Results). 3 Id. E:\FR\FM\02JNN1.SGM 02JNN1 36276 Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Notices The CIT remanded the Final Results/ Amended Final Results to Commerce to: (1) reconsider its separate rate determination as to GTC and Aeolus; (2) redetermine Xugong’s weighted average dumping margin without making deductions for value-added tax (VAT); and (3) apply any relief that resulted from the recalculation of Xugong’s individually-determined rate to Full World, Qingdao, Trelleborg, and Zhongwei.4 In the First Remand Redetermination, issued in September 2019, Commerce: (1) recalculated export price (EP) and constructed export price (CEP) for Xugong without making deductions for Chinese VAT, resulting in a 16.78% weighted-average dumping margin for Xugong, which is also assigned to all other qualifying separate rate respondents that are plaintiffs in the action (i.e., Full World, Qingdao Qihang, Trelleborg, and Zhongwei); and (2) reconsidered the record with respect to the decision to deny separate rate status to Aeolus and GTC/GTCIE in the Final Results and Amended Final Results, but continued to determine that both Aeolus and GTC failed to rebut the presumption of government control and remained ineligible for a separate rate.5 The CIT sustained, in part, Commerce’s determination to recalculate EP and CEP for Xugong without making deductions for Chinese VAT, and the resulting redetermination of the weighted-average dumping margins for Xugong and for all other qualifying separate rate respondents, but remanded for a second time the decisions to continue to deny separaterate status to Aeolus and GTC/GTCIE.6 In its second remand redetermination, issued in September 2021, Commerce reconsidered the record evidence with respect to each prong of the enumerated de facto separate rate criteria in accordance with the Guizhou Tyre II opinion, and continued to find that both Aeolus and GTC/GTCIE failed to rebut at least one of the four de facto criteria and, thus, continued to be ineligible for a separate rate.7 On May 18, 2023, the CIT sustained Commerce’s final redetermination.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 May 18, 2023, 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 and Amended Final Results with respect to mandatory respondent Xugong and all other qualifying separate rate respondents that are plaintiffs in the action (i.e., Full World, Qingdao Qihang, Trelleborg, and Zhongwei) as follows: Weighted-average dumping margin (percent) Exporter Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., or Xuzhou Hanbang Tyre Co., Ltd ........................................ Weihai Zhongwei Rubber Co., Ltd ................................................................................................................................................ Qingdao Qihang Tyre Co., Ltd ...................................................................................................................................................... Qingdao Free Trade Zone Full-World International Trading Co., Ltd ........................................................................................... Trelleborg Wheel Systems (Xingtai) China, Co. Ltd ..................................................................................................................... Cash Deposit Requirements Because the AD order on OTR Tires from China was revoked,11 Commerce lotter on DSK11XQN23PROD with NOTICES1 4 See Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export Co., Ltd., et al. v. United States, 389 F. Supp. 3d 1350 (CIT 2019) (Guizhou Tyre I). 5 See Final Results of Redetermination Pursuant to Court Remand, Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export Co., Ltd., et al. v. United States, Court No. 17–00100, Slip Op. 19–64 (CIT 2019), dated September 23, 2019 (First Remand Redetermination). 6 See Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export Co., Ltd., et al. v. United States, 519 F. Supp. 3d 1248 (CIT 2021) (Guizhou Tyre II). 7 See Final Results of Redetermination Pursuant to Court Remand, Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export Co., Ltd., et al. v. United States, Court No. 17–00100, Slip Op. 21–60 (CIT 2021), dated September 24, 2021 (Second Remand Redetermination). 8 See Remand Order. 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 17:34 Jun 01, 2023 Jkt 259001 will not issue cash deposit instructions as a result of this Court decision. Liquidation of Suspended Entries In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise exported by the companies listed above in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review 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 11 See Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Final Results of Sunset Reviews and Revocation of Antidumping Duty and Countervailing Duty Orders, 84 FR 20616 (May 10, 2019). PO 00000 Frm 00005 Fmt 4703 Sfmt 9990 16.78 16.78 16.78 16.78 16.78 minimis,12 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: May 26, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–11775 Filed 6–1–23; 8:45 am] BILLING CODE 3510–DS–P 12 See E:\FR\FM\02JNN1.SGM 19 CFR 351.106(c)(2). 02JNN1

Agencies

[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36275-36276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11775]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Notice of Court Decision Not in Harmony With the 
Results of 2014-2015 Antidumping Administrative Review; Notice of 
Amended Final Results

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

SUMMARY: On May 18, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in Guizhou Tyre Co., Ltd. & Guizhou Tyre 
Import & Export Co., Ltd., et al. v. United States, Consol. Court No. 
17-00100, Slip Op. 23-79 (CIT 2023) (Remand Order), sustaining the U.S. 
Department of Commerce's (Commerce) second remand results pertaining to 
the administrative review of the antidumping duty (AD) order on certain 
new pneumatic off-the-road tires (OTR Tires) from the People's Republic 
of China (China) covering the period September 1, 2014, through August 
31, 2015. 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 mandatory respondent, 
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Co. Ltd., and Xuzhou 
Hanbang Tyre Co., Ltd. (collectively, Xugong), as well as all other 
qualifying separate rate respondents that are plaintiffs in the action 
(i.e., Qingdao Qihang Tyre Co., Ltd. (Qingdao Qihang), Qingdao Free 
Trade Zone Full-World International Trading Co., Ltd. (Full World), 
Trelleborg Wheel Systems (Xingtai) China, Co., Ltd. (Trelleborg), and 
Weihai Zhongwei Rubber Co., Ltd. (Zhongwei)).

DATES: Applicable May 28, 2023.

FOR FURTHER INFORMATION CONTACT: Brendan Quinn, Program Manager, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5848.

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 2017, Commerce published its Final Results in the 
2014-2015 AD administrative review of OTR Tires from China.\1\ After 
correcting ministerial errors contained in the Final Results, on June 
14, 2017, Commerce published the Amended Final Results, and calculated 
a weighted-average dumping margin of 33.14 percent for Xugong, which 
was also used as the separate rate applicable to various respondents 
not individually examined in the administrative review, including 
Qingdao Qihang, Full World, Trelleborg, and Zhongwei.\2\ Further, in 
the Final Results and Amended Final Results, Commerce determined that 
certain companies, including Guizhou Tyre Co Ltd. (GTC) and Guizhou 
Tyre Import and Export Co., Ltd. (GTCIE) (collectively, GTC/GTCIE) and 
Aeolus Tyre Co., Ltd., are part of the China-wide entity.\3\
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2014-2015, 82 FR 18733 (April 21, 2017) 
(Final Results), and accompanying Issues and Decision Memorandum.
    \2\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Amended Final Results of Antidumping 
Duty Administrative Review; 2014-2015, 82 FR 27224 (June 14, 2017) 
(Amended Final Results).
    \3\ Id.
---------------------------------------------------------------------------

    Aeolus, Full World, GTC/GTCIE, Qingdao Qihang, Trelleborg, Xugong, 
and Zhongwei, appealed Commerce's Final Results/Amended Final Results.

[[Page 36276]]

The CIT remanded the Final Results/Amended Final Results to Commerce 
to: (1) reconsider its separate rate determination as to GTC and 
Aeolus; (2) redetermine Xugong's weighted average dumping margin 
without making deductions for value-added tax (VAT); and (3) apply any 
relief that resulted from the recalculation of Xugong's individually-
determined rate to Full World, Qingdao, Trelleborg, and Zhongwei.\4\ In 
the First Remand Redetermination, issued in September 2019, Commerce: 
(1) recalculated export price (EP) and constructed export price (CEP) 
for Xugong without making deductions for Chinese VAT, resulting in a 
16.78% weighted-average dumping margin for Xugong, which is also 
assigned to all other qualifying separate rate respondents that are 
plaintiffs in the action (i.e., Full World, Qingdao Qihang, Trelleborg, 
and Zhongwei); and (2) reconsidered the record with respect to the 
decision to deny separate rate status to Aeolus and GTC/GTCIE in the 
Final Results and Amended Final Results, but continued to determine 
that both Aeolus and GTC failed to rebut the presumption of government 
control and remained ineligible for a separate rate.\5\
    The CIT sustained, in part, Commerce's determination to recalculate 
EP and CEP for Xugong without making deductions for Chinese VAT, and 
the resulting redetermination of the weighted-average dumping margins 
for Xugong and for all other qualifying separate rate respondents, but 
remanded for a second time the decisions to continue to deny separate-
rate status to Aeolus and GTC/GTCIE.\6\ In its second remand 
redetermination, issued in September 2021, Commerce reconsidered the 
record evidence with respect to each prong of the enumerated de facto 
separate rate criteria in accordance with the Guizhou Tyre II opinion, 
and continued to find that both Aeolus and GTC/GTCIE failed to rebut at 
least one of the four de facto criteria and, thus, continued to be 
ineligible for a separate rate.\7\ On May 18, 2023, the CIT sustained 
Commerce's final redetermination.\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 May 18, 2023, 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 and Amended Final Results with respect to mandatory 
respondent Xugong and all other qualifying separate rate respondents 
that are plaintiffs in the action (i.e., Full World, Qingdao Qihang, 
Trelleborg, and Zhongwei) as follows:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company               16.78
 Ltd., or Xuzhou Hanbang Tyre Co., Ltd...............
Weihai Zhongwei Rubber Co., Ltd......................              16.78
Qingdao Qihang Tyre Co., Ltd.........................              16.78
Qingdao Free Trade Zone Full-World International                   16.78
 Trading Co., Ltd....................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd....              16.78
------------------------------------------------------------------------

Cash Deposit Requirements

    Because the AD order on OTR Tires from China was revoked,\11\ 
Commerce will not issue cash deposit instructions as a result of this 
Court decision.
---------------------------------------------------------------------------

    \4\ See Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export 
Co., Ltd., et al. v. United States, 389 F. Supp. 3d 1350 (CIT 2019) 
(Guizhou Tyre I).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export Co., 
Ltd., et al. v. United States, Court No. 17-00100, Slip Op. 19-64 
(CIT 2019), dated September 23, 2019 (First Remand Redetermination).
    \6\ See Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export 
Co., Ltd., et al. v. United States, 519 F. Supp. 3d 1248 (CIT 2021) 
(Guizhou Tyre II).
    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Guizhou Tyre Co., Ltd. & Guizhou Tyre Import & Export Co., 
Ltd., et al. v. United States, Court No. 17-00100, Slip Op. 21-60 
(CIT 2021), dated September 24, 2021 (Second Remand 
Redetermination).
    \8\ See Remand Order.
    \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).
    \11\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Final Results of Sunset Reviews and 
Revocation of Antidumping Duty and Countervailing Duty Orders, 84 FR 
20616 (May 10, 2019).
---------------------------------------------------------------------------

Liquidation of Suspended Entries

    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise exported by the companies listed above in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
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,\12\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

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: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-11775 Filed 6-1-23; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.