Truck and Bus Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Order, 37023-37024 [2023-12051]

Download as PDF Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices did not know that the merchandise was destined for the United States, we intend to instruct CBP to liquidate those entries at the all-others rate in the original less-than-fair-value investigation if there is no rate for the intermediate company(ies) involved in the transaction.14 Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for MAL will be equal to the weightedaverage dumping margin established in the final results of this review (except, if that rate is de minimis within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (2) for producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which they were reviewed; (3) if the exporter is not a firm covered in this review or a prior segment of the proceeding but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 17.74 percent, the all-others rate established in the lessthan-fair-value investigation.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES1 Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 14 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 15 See Order, 86 FR at 22142. VerDate Sep<11>2014 19:24 Jun 05, 2023 Jkt 259001 Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2) and 351.221(b)(4). Dated: May 31, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation V. Verification VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–12048 Filed 6–5–23; 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: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 22, 2023, the U.S. Court of International Trade (CIT or the Court) issued its final judgment in Guizhou Tyre Co., Ltd., et al., v. United States, Consol. Court No. 19–00031, sustaining the U.S. Department of Commerce’s (Commerce) remand redetermination pertaining to the antidumping duty investigation of truck and bus tires from the People’s Republic of China (China) covering the period of investigation July 1, 2015, through December 31, 2015. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Truck and Bus Tires from the People’s Republic of China: Antidumping Duty Order, 84 FR 4436 (February 15, 2019) (Order), and that Commerce is amending the Order with respect Guizhou Tyre Import and Export Co., Ltd. (GTCIE), such that merchandise produced and/or exported by GTCIE, during the period February 15, 2019, through February 21, 2020, is not subject to the Order; merchandise produced and/or exported by GTCIE AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 37023 after February 21, 2020 remains subject to the Order. DATES: Applicable June 1, 2023. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482–0410. SUPPLEMENTARY INFORMATION: Background On January 27, 2017, Commerce published its Final Determination in the antidumping duty investigation of truck and bus tires from China. Commerce determined that GTCIE and Shanghai Huayi Group Corporation Limited (formerly Double Coin Holdings Ltd.) (Double Coin) were not eligible for a separate rate because each company failed to rebut the presumption of de facto government control.1 On March 13, 2017, the U.S. International Trade Commission (ITC) notified Commerce of its final determination that an industry in the United States is not materially injured or threatened with material injury within the meaning of section 735(b)(1)(A) of the Tariff Act of 1930, as amended (the Act) by reason of imports of truck and bus tires from China at less than fair value.2 Accordingly, Commerce instructed U.S. Customs and Border Protection (CBP) to liquidate entries of subject merchandise without regard to antidumping duties.3 On November 1, 2018, the CIT remanded the ITC’s final negative determination.4 On January 30, 2019, upon remand, the ITC issued its final determination, in which the ITC found that an industry in the United States is materially injured by reason of imports of truck and bus tires from China. On February 8, 2019, pursuant to the U.S. Court of Appeals for the Federal Circuit’s (Federal Circuit) opinion in Diamond Sawblades, the ITC notified Commerce of this determination upon 1 See Truck and Bus Tires from the People’s Republic of China: Final Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances, 82 FR 8599 (January 27, 2017) (Final Determination). 2 See ITC’s Letter, dated March 13, 2017; see also Truck and Bus Tires from China, 82 FR 14232 (March 17, 2017); and Truck and Bus Tires from the People’s Republic of China, Investigation No. 701– TA–556 and 508 and 731–TA–1311, USITC Pub. 4673 (March 2017) (Final). 3 See CBP Message No. 7094307, dated April 4, 2017. 4 See United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC, v. United States, 348 F. Supp. 3d 1328 (CIT 2018). E:\FR\FM\06JNN1.SGM 06JNN1 37024 Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices remand.5 On February 15, 2019, Commerce published the Order, in accordance with section 736(a) of the Act.6 Guizhou Tyre Co., Ltd. (GTC), a Chinese producer of truck and bus tires, with its affiliated exporter, GTCIE, and Double Coin with its affiliated U.S. importer, China Manufacturers Alliance LLC, appealed Commerce’s Final Determination. On January 24, 2022, the CIT remanded the Final Determination to Commerce to: (1) comment on (a) the Court’s stated intention of ordering Commerce to direct CBP to liquidate entries made prior to February 21, 2020, without regard to antidumping duties and to refund all cash deposits collected on these entries, with interest as provided by law, when it enters a judgment to conclude the judicial proceeding, as well as, (b) the Court’s selection of February 21, 2020 as the earliest possible date the Order could have been published; and (2) reconsider its denial of a separate rate for GTCIE and Double Coin.7 In its remand redetermination, issued in April 2022, Commerce: (1) stated that ‘‘{s}hould the Court proceed with its intended remedy and it is necessary to identify the earliest date that Commerce hypothetically could have published the Order following the CIT’s February 18, 2020 decision sustaining the ITC’s affirmative redetermination, Commerce believes the Court’s choice of February 21, 2020, is reasonable’’; and (2) continued to find that GTCIE and Double Coin were not eligible for a separate rate.8 The CIT sustained Commerce’s Final Redetermination.9 ddrumheller on DSK120RN23PROD with NOTICES1 Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 the Federal Circuit held that, pursuant to section 516A(c) and (e) the Act, 5 See ITC’s Letter, ‘‘Truck and Bus Tires from China, Inv. Nos. 701–TA–556 & 731–TA–1311 (Final) (Remand): Notice of Remand Determinations,’’ dated February 8, 2019 (ITC Remand Notification) (citing Diamond Sawblades Mfrs. Coalition v United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades)). 6 See Order, 84 FR 4436. 7 See Guizhou Tyre Co., Ltd., et al., v United States, Court No. 19–00031, Slip Op. 22–6 (CIT January 24, 2022). 8 See Final Results of Redetermination Pursuant to Court Order, Guizhou Tyre Co., Ltd., et al., v. United States, Court No. 19–00031, Slip Op. 22–6 (CIT January 24, 2022), dated April 22, 2022 (Final Redetermination). 9 See Guizhou Tyre Co., Ltd., et al., v United States, Court No. 19–00031, Slip Op. 23–81 (CIT May 22, 2023). 10 See Timken Co. v United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 11 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 19:24 Jun 05, 2023 Jkt 259001 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 22, 2023 judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Order. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Antidumping Duty Order 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 31, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–12051 Filed 6–5–23; 8:45 am] Pursuant to the Court’s order, Commerce is amending the Order with respect GTCIE such that merchandise produced and/or exported by GTCIE during the period February 15, 2019, through February 21, 2020 is not subject to the Order; merchandise produced and/or exported by GTCIE after February 21, 2020 remains subject to the Order. Liquidation of Suspended Entries As a result of this amended order, in which Commerce is excluding merchandise produced and/or exported by GTCIE during the period February 15, 2019, through February 21, 2020, Commerce will direct CBP to terminate any suspension of liquidation of entries from GTCIE during the period February 15, 2019, through February 21, 2020, and to release any bonds or other security and refund cash deposits pertaining to any suspended entries from GTCIE during the period February 15, 2019, through February 21, 2020. Commerce will not revise the cash deposit requirements currently in effect for entries going forward. At this time, Commerce remains enjoined by CIT order from liquidating entries that: were exported by GTCIE, and were entered, or withdrawn from warehouse, during the period February 22, 2020, through January 31, 2024. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event that 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 produced and/or exported by GTCIE, in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries during this period when the importer-specific ad valorem assessment rate is not zero or de minimis. Where an importer-specific ad valorem assessment rate is zero or de PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–126] Non-Refillable Steel Cylinders From the People’s Republic of China: Preliminary Results and Preliminary Determination of No Shipments of the Antidumping Duty Administrative Review; 2020–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and or/exporters made sales of non-refillable steel cylinders (NRSCs) from the People’s Republic of China (China) at less than normal value, and one company had no shipments of subject merchandise during the period of review (POR) October 30, 2020, through April 30, 2022. Interested parties are invited to comment on the preliminary results of this review. DATES: Applicable June 6, 2023. FOR FURTHER INFORMATION CONTACT: Alex Cipolla, 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) 482–4956. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 11, 2021, Commerce published in the Federal Register the antidumping duty order on NRSCs from China.1 On May 2, 2022, Commerce published a notice of opportunity to request an administrative review of the Order, covering the POR, pursuant to 12 See 19 CFR 351.106(c)(2). Certain Non-Refillable Steel Cylinders from the People’s Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty and Countervailing Duty Orders, 86 FR 25839 (May 11, 2021) (Order). 1 See E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37023-37024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12051]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-040]


Truck and Bus Tires From the People's Republic of China: Notice 
of Court Decision Not in Harmony With the Final Determination of 
Antidumping Duty Investigation; Notice of Amended Order

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

SUMMARY: On May 22, 2023, the U.S. Court of International Trade (CIT or 
the Court) issued its final judgment in Guizhou Tyre Co., Ltd., et al., 
v. United States, Consol. Court No. 19-00031, sustaining the U.S. 
Department of Commerce's (Commerce) remand redetermination pertaining 
to the antidumping duty investigation of truck and bus tires from the 
People's Republic of China (China) covering the period of investigation 
July 1, 2015, through December 31, 2015. Commerce is notifying the 
public that the CIT's final judgment is not in harmony with Truck and 
Bus Tires from the People's Republic of China: Antidumping Duty Order, 
84 FR 4436 (February 15, 2019) (Order), and that Commerce is amending 
the Order with respect Guizhou Tyre Import and Export Co., Ltd. 
(GTCIE), such that merchandise produced and/or exported by GTCIE, 
during the period February 15, 2019, through February 21, 2020, is not 
subject to the Order; merchandise produced and/or exported by GTCIE 
after February 21, 2020 remains subject to the Order.

DATES: Applicable June 1, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.

SUPPLEMENTARY INFORMATION: 

Background

    On January 27, 2017, Commerce published its Final Determination in 
the antidumping duty investigation of truck and bus tires from China. 
Commerce determined that GTCIE and Shanghai Huayi Group Corporation 
Limited (formerly Double Coin Holdings Ltd.) (Double Coin) were not 
eligible for a separate rate because each company failed to rebut the 
presumption of de facto government control.\1\
---------------------------------------------------------------------------

    \1\ See Truck and Bus Tires from the People's Republic of China: 
Final Affirmative Determinations of Sales at Less Than Fair Value 
and Critical Circumstances, 82 FR 8599 (January 27, 2017) (Final 
Determination).
---------------------------------------------------------------------------

    On March 13, 2017, the U.S. International Trade Commission (ITC) 
notified Commerce of its final determination that an industry in the 
United States is not materially injured or threatened with material 
injury within the meaning of section 735(b)(1)(A) of the Tariff Act of 
1930, as amended (the Act) by reason of imports of truck and bus tires 
from China at less than fair value.\2\ Accordingly, Commerce instructed 
U.S. Customs and Border Protection (CBP) to liquidate entries of 
subject merchandise without regard to antidumping duties.\3\ On 
November 1, 2018, the CIT remanded the ITC's final negative 
determination.\4\ On January 30, 2019, upon remand, the ITC issued its 
final determination, in which the ITC found that an industry in the 
United States is materially injured by reason of imports of truck and 
bus tires from China.
---------------------------------------------------------------------------

    \2\ See ITC's Letter, dated March 13, 2017; see also Truck and 
Bus Tires from China, 82 FR 14232 (March 17, 2017); and Truck and 
Bus Tires from the People's Republic of China, Investigation No. 
701-TA-556 and 508 and 731-TA-1311, USITC Pub. 4673 (March 2017) 
(Final).
    \3\ See CBP Message No. 7094307, dated April 4, 2017.
    \4\ See United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union, 
AFL-CIO, CLC, v. United States, 348 F. Supp. 3d 1328 (CIT 2018).
---------------------------------------------------------------------------

    On February 8, 2019, pursuant to the U.S. Court of Appeals for the 
Federal Circuit's (Federal Circuit) opinion in Diamond Sawblades, the 
ITC notified Commerce of this determination upon

[[Page 37024]]

remand.\5\ On February 15, 2019, Commerce published the Order, in 
accordance with section 736(a) of the Act.\6\
---------------------------------------------------------------------------

    \5\ See ITC's Letter, ``Truck and Bus Tires from China, Inv. 
Nos. 701-TA-556 & 731-TA-1311 (Final) (Remand): Notice of Remand 
Determinations,'' dated February 8, 2019 (ITC Remand Notification) 
(citing Diamond Sawblades Mfrs. Coalition v United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades)).
    \6\ See Order, 84 FR 4436.
---------------------------------------------------------------------------

    Guizhou Tyre Co., Ltd. (GTC), a Chinese producer of truck and bus 
tires, with its affiliated exporter, GTCIE, and Double Coin with its 
affiliated U.S. importer, China Manufacturers Alliance LLC, appealed 
Commerce's Final Determination. On January 24, 2022, the CIT remanded 
the Final Determination to Commerce to: (1) comment on (a) the Court's 
stated intention of ordering Commerce to direct CBP to liquidate 
entries made prior to February 21, 2020, without regard to antidumping 
duties and to refund all cash deposits collected on these entries, with 
interest as provided by law, when it enters a judgment to conclude the 
judicial proceeding, as well as, (b) the Court's selection of February 
21, 2020 as the earliest possible date the Order could have been 
published; and (2) reconsider its denial of a separate rate for GTCIE 
and Double Coin.\7\
---------------------------------------------------------------------------

    \7\ See Guizhou Tyre Co., Ltd., et al., v United States, Court 
No. 19-00031, Slip Op. 22-6 (CIT January 24, 2022).
---------------------------------------------------------------------------

    In its remand redetermination, issued in April 2022, Commerce: (1) 
stated that ``{s{time} hould the Court proceed with its intended remedy 
and it is necessary to identify the earliest date that Commerce 
hypothetically could have published the Order following the CIT's 
February 18, 2020 decision sustaining the ITC's affirmative 
redetermination, Commerce believes the Court's choice of February 21, 
2020, is reasonable''; and (2) continued to find that GTCIE and Double 
Coin were not eligible for a separate rate.\8\ The CIT sustained 
Commerce's Final Redetermination.\9\
---------------------------------------------------------------------------

    \8\ See Final Results of Redetermination Pursuant to Court 
Order, Guizhou Tyre Co., Ltd., et al., v. United States, Court No. 
19-00031, Slip Op. 22-6 (CIT January 24, 2022), dated April 22, 2022 
(Final Redetermination).
    \9\ See Guizhou Tyre Co., Ltd., et al., v United States, Court 
No. 19-00031, Slip Op. 23-81 (CIT May 22, 2023).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Federal Circuit held that, pursuant to section 
516A(c) and (e) 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 22, 2023 judgment constitutes a final decision 
of the CIT that is not in harmony with Commerce's Order. Thus, this 
notice is published in fulfillment of the publication requirements of 
Timken.
---------------------------------------------------------------------------

    \10\ See Timken Co. v United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Antidumping Duty Order

    Pursuant to the Court's order, Commerce is amending the Order with 
respect GTCIE such that merchandise produced and/or exported by GTCIE 
during the period February 15, 2019, through February 21, 2020 is not 
subject to the Order; merchandise produced and/or exported by GTCIE 
after February 21, 2020 remains subject to the Order.

Liquidation of Suspended Entries

    As a result of this amended order, in which Commerce is excluding 
merchandise produced and/or exported by GTCIE during the period 
February 15, 2019, through February 21, 2020, Commerce will direct CBP 
to terminate any suspension of liquidation of entries from GTCIE during 
the period February 15, 2019, through February 21, 2020, and to release 
any bonds or other security and refund cash deposits pertaining to any 
suspended entries from GTCIE during the period February 15, 2019, 
through February 21, 2020. Commerce will not revise the cash deposit 
requirements currently in effect for entries going forward.
    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: were exported by GTCIE, and were entered, or 
withdrawn from warehouse, during the period February 22, 2020, through 
January 31, 2024. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.
    In the event that 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 produced and/or exported by GTCIE, in accordance 
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping 
duties on all appropriate entries during this period when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an 
importer-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 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12051 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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