Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Third Amended Final Determination of the Results of 2012-2013 Antidumping Administrative Review Pursuant to Court Decision, 55439-55441 [2023-17473]
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55439
Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Notices
This determination and notice are in
accordance with section 702(a) of the
Act.
Dated: August 9, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
Net 4
subsidy
($/lb)
Program(s)
27 European Union Member
States 5.
Canada ............................................
Norway .............................................
European Union Restitution Payments .....................................................
0.00
0.00
Export Assistance on Certain Types of Cheese .......................................
Indirect (Milk) Subsidy Consumer Subsidy ...............................................
0.47
0.00
0.00
0.47
$ 0.00
0.00
Total ..........................................
Switzerland ......................................
....................................................................................................................
Deficiency Payments .................................................................................
0.00
0.00
0.00
0.00
[FR Doc. 2023–17452 Filed 8–14–23; 8:45 am]
BILLING CODE 3510–DS–P
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 Third Amended Final
Determination of the Results of 2012–
2013 Antidumping Administrative
Review Pursuant to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 19, 2023, the U.S.
Court of International Trade (CIT or
Court) issued its final judgment in
China Manufacturers Alliance, LLC v.
United States, Consol. Court No. 15–
00124, Slip Op. 23–105 (CIT 2023)
(China Mfr. Alliance VI), sustaining the
U.S. Department of Commerce’s
(Commerce) prior remand
redeterminations pertaining to the
administrative review of the
antidumping duty order on certain new
pneumatic off-the-road tires (OTR tires)
from the People’s Republic of China
(China) covering the period September
1, 2012, through August 31, 2013,
which: (1) effectuated the mandate of
the U.S. Court of Appeals for the
Federal Circuit’s (Federal Circuit) ruling
to assign mandatory respondent Double
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Gross 3
subsidy
($/lb)
Country
3 Defined
in 19 U.S.C. 1677(5).
in 19 U.S.C. 1677(6).
5 The 27 member states of the European Union
are: Austria, Belgium, Bulgaria, Croatia, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands,
4 Defined
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Coin Holdings Ltd. (Double Coin) the
105.31 percent China-wide rate initially
assigned in the final results of this
review (overturning the prior final
results of redetermination pursuant to
the CIT’s directive to calculate a rate for
Double Coin on the basis of its own
information); and (2) sustained the prior
final results of redetermination pursuant
to remand with respect to mandatory
respondent Guizhou Tyre Co., Ltd. and
Guizhou Tyre Export and Import Co.,
Ltd. (collectively GTC). Commerce is
notifying the public that it is amending
the final results with respect to the
dumping margin assigned to Double
Coin.
On April 15, 2015, Commerce issued
its final results in the fifth
administrative review of the
antidumping duty order on OTR tires
from China.1 Mandatory respondent
Double Coin and its affiliated U.S.
importer, China Manufacturers Alliance,
LLC, and mandatory respondent GTC
timely filed complaints with the Court
challenging certain aspects of
Commerce’s Final Results. Domestic
interested parties Titan Tire Corporation
and United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO–CLC
intervened as defendant-intervenors, but
withdrew from these cases on
September 29, 2017.
On February 6, 2017, the CIT
remanded Commerce’s Final Results,
directing Commerce to: (1) further
explain and reconsider the treatment of
irrecoverable value-added tax (VAT) in
the calculation of the margin for GTC;
(2) further explain and reconsider
whether certain movement expenses
were double-counted in the margin
calculation for GTC; (3) reconsider and
recalculate warehousing cost surrogate
values for GTC to properly adjust for
inflation; and (4) assign Double Coin a
margin based exclusively on Double
Coin’s own information, despite Double
Coin being found to be part of the nonmarket economy (NME) entity and
assigned the applicable 105.31 percent
China-wide entity rate in the Final
Results.2 In its First Remand
Redetermination, Commerce: (1)
continued to reduce GTC’s U.S. sales
prices to account for irrecoverable VAT;
(2) determined that certain, but not all,
movement expenses identified by the
Court for further consideration were
double counted and removed the
applicable charges from the
international freight surrogate value
Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, and Sweden.
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 20197 (April 15, 2015) (Final Results),
and accompanying Issues and Decision
Memorandum (IDM); see also Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Amended Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 80 FR 26230 (May 7, 2015) (Amended Final
Results) (for ease of reference, collectively referred
to herein as Final Results).
2 See China Manufacturers Alliance, LLC et al. v.
United States, 205 F. Supp. 3d 1325 (CIT 2017)
(China Mfr. Alliance I).
DATES:
Applicable July 29, 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
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Notices
calculation for GTC; (3) made an
inflation adjustment to domestic
warehousing costs to match the
surrogate value to the period of review
for GTC; and (4) assigned Double Coin
a de minimis 0.14 percent margin
instead of assigning it a 105.31 percent
margin as part of the China-wide entity,
under respectful protest.3
After issuing its First Remand
Redetermination, Commerce requested a
partial voluntary remand on the issue of
Double Coin’s margin in light of the
Federal Circuit’s decision in Diamond
Sawblades.4 On January 16, 2019, the
Court sustained, in part, and remanded,
in part, Commerce’s First Remand
Redetermination and denied
Commerce’s motion for partial
voluntary remand.5 Specifically, the
Court sustained Commerce’s
determinations regarding the inflation
adjustment to domestic warehousing
costs and double-counting of certain
movement expenses for GTC but further
remanded the following issues for
further reconsideration and
recalculation: (1) in denying
Commerce’s motion for voluntary
remand, the CIT found that the only rate
supported by the record evidence that
Commerce could apply to Double Coin
was the 0.14 percent margin applied in
the First Remand Redetermination; (2)
Commerce’s finding that certain
brokerage and handling and ocean
freight charges, other than those
corrected in the First Remand
Redetermination, were not double
counted for GTC was unsupported and
must be reconsidered; and (3)
Commerce’s continued reduction of
GTC’s U.S. sales prices to account for
irrecoverable VAT was impermissible,
and Commerce must recalculate GTC’s
margin without making such
deductions.6 In its Second Remand
Redetermination, Commerce
recalculated GTC’s U.S. sale prices
without making deductions for
irrecoverable VAT, under respectful
protest, and adjusted GTC’s brokerage
and handling and ocean freight costs for
certain double-counted expenses.7 The
ddrumheller on DSK120RN23PROD with NOTICES1
3 See
Final Results of Redetermination Pursuant
to Court Remand, China Manufacturing Alliance,
LLC, et al. v. United States, Court No. 15–00124,
Slip Op. 17–12 (CIT 2017), dated June 21, 2017
(First Remand Redetermination), available at
https://access.trade.gov/resources/remands/1712.pdf.
4 See Diamond Sawblades Mfrs. Coal. v. United
States, 866 F.3d 1304 (Fed. Cir. 2017) (Diamond
Sawblades).
5 See China Manufacturers Alliance, LLC et al. v.
United States, 357 F. Supp. 3d 1364 (CIT 2019)
(China Mfr. Alliance II).
6 Id.
7 See Final Results of Redetermination Pursuant
to Court Remand, China Manufacturing Alliance,
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CIT sustained the results of the Second
Remand Redetermination in China Mfr.
Alliance III.8 In light of these
determinations, Commerce issued an
amended final determination and notice
of court decision not in harmony with
the final results of administrative review
which, after accounting for all such
changes and issues addressed in the
remand redeterminations, resulted in a
weighted-average dumping margin for
GTC of 4.59 percent and assigned
Double Coin a de minimis margin of
0.14 percent.9
Upon appeal, on June 10, 2021, the
Federal Circuit issued a decision in
China Manufacturers Alliance, LLC et
al. v. United States, 1 F.4th 1028 (Fed.
Cir. 2021) (China Mfr. Alliance IV),
which reversed and remanded the CIT’s
prior decision in: (1) China Mfr.
Alliance I, in which the CIT found that
Commerce had to assign mandatory
respondent Double Coin a margin based
exclusively on Double Coin’s own
information, despite Double Coin being
found to be part of the NME entity and
assigned the applicable 105.31 percent
China-wide entity rate in the Final
Results and Amended Final Results, as
well as; (2) the CIT’s decision in China
Mfr. Alliance II to deny Commerce’s
request for a motion for a partial remand
to revisit the issue of the margin
calculated for Double Coin in light of
the Federal Circuit’s decision regarding
the China-wide entity in Diamond
Sawblades, which specifically identified
the China Mfr. Alliance I decision as
incompatible with the practice of
applying the NME presumption to
companies which fail to rebut the
presumption of government control.10
As a result, on May 16, 2023, the CIT
issued a remand order directing
Commerce to reach a new determination
effectuating the mandate of the Federal
Circuit’s China Mfr. Alliance IV ruling
by assigning Double Coin the 105.31
percent China-wide rate.11 In
compliance with the Federal Circuit’s
determination in China Mfr. Alliance IV
and the CIT’s directive to effectuate that
LLC, et al. v. United States, Court No. 15–00124,
Slip Op. 19–7 (CIT 2019), dated April 16, 2019
(Second Remand Redetermination), available at
https://access.trade.gov/resources/remands/197.pdf; see also China Mfr. Alliance III; and Notice
of Court Decision Not in Harmony With Final
Results of Administrative Review and Notice of
Amended Final Results of Antidumping Duty
Administrative Review, 84 FR 55553 (October 17,
2019) (Second Amended Final and Timken Notice).
8 See China Manufacturers Alliance, LLC et al. v.
United States, Consol. Court No. 15–00124; Slip
Op. 19–115 (CIT 2019) (China Mfr. Alliance III).
9 See Second Amended Final and Timken Notice.
10 See China Mfr. Alliance IV.
11 See China Manufacturers Alliance, LLC et al. v.
United States, Consol. Court No. 15–00124, Slip Op
23–75 (CIT 2023) (China Mfr. Alliance V).
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determination in China Mfr. Alliance V,
on June 12, 2023, Commerce issued its
Third Remand Redetermination
assigning the China-wide rate of 105.31
percent as the final dumping margin
applicable to Double Coin.12 On July 19,
2023, the CIT entered final judgement in
the litigation of the proceeding,
sustaining the results of the Third
Remand Redetermination.13
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to mandatory
respondent Double Coin as follows:
Exporter
Weightedaverage
dumping
margin
(percent)
Double Coin Holdings Ltd ....
105.31
Cash Deposit Requirements
Because the antidumping duty order
on OTR Tires from China was
revoked,14 Commerce will not issue
cash deposit instructions as a result of
this Court decision.
12 See Final Results of Redetermination Pursuant
to Court Remand, China Manufacturing Alliance,
LLC, et al. v. United States, Court No. 15–00124,
Slip Op. 23–75 (CIT 2023), dated June 12, 2023
(Third Remand Redetermination), available at
https://access.trade.gov/resources/remands/2375.pdf.
13 See China Mfr. Alliance VI. All issues
otherwise raised in litigation and applicable to GTC
were resolved in prior remand segments.
Specifically, in China Mfr. Alliance III, the CIT
sustained: (1) Commerce’s determination in the
First Remand Redetermination, to recalculate
warehousing expenses for GTC, to account for an
inflation adjustment, and to exclude certain charges
from the calculation of the ocean freight surrogate
value, on the basis that both recalculations were
consistent with the China Mfr. Alliance I and were
unchallenged in subsequent litigation; and (2)
Commerce’s determination in the Second Remand
Redetermination to recalculate export price and
constructed export price for GTC without making
deductions for irrecoverable value added taxes and
adjustment to GTC’s brokerage and handling and
ocean freight costs for certain double-counted
expenses. Thus, the Federal Circuit’s decision in
China Mfr. Alliance IV (and subsequent China Mfr.
Alliance V, Third Remand Redetermination, and
China Mfr. Alliance VI) reverse the CIT’s prior
determination only with respect to the appropriate
rate applied to Double Coin, but does not reverse
the CIT’s final judgment in China Mfr. Alliance III
sustaining the changes to GTC’s margin calculation
reflected in the First Remand Redetermination and
Second Remand Redeterminations. Thus, GTC’s
final margin calculation of 4.59 percent, as reflected
in the prior Second Amended Final and Timken
Notice, remains unchanged.
14 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).
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Notices
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 U.S.
Customs and Border Protection to assess
antidumping duties on unliquidated
entries of subject merchandise exported
by Double Coin in accordance with 19
CFR 351.212(b) at the rate listed above.
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: August 9, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–17473 Filed 8–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF EDUCATION
Meeting; National Advisory Council on
Indian Education (NACIE)
National Advisory Council on
Indian Education (NACIE), Department
of Education.
ACTION: Notice of an open meeting.
AGENCY:
This notice sets forth the
agenda, time, and instructions to access
or participate in the August 29–30,
2023, virtual meeting of NACIE. This
notice provides information about the
meeting to members of the public who
may be interested in attending the
meeting and how to provide written
comment for the meeting.
DATES: The NACIE open virtual meeting
will be held on August 29–30, 2023,
from 1:00–4:30 p.m. (EDT).
FOR FURTHER INFORMATION CONTACT:
Crystal C. Moore, Designated Federal
Official, Office of Elementary and
Secondary Education (OESE)/Office of
Indian Education (OIE), U.S.
Department of Education, 400 Maryland
Avenue SW, Office 3W243, Washington,
DC 20202. Telephone: 202–453–5593,
Email: Crystal.Moore@ed.gov.
SUPPLEMENTARY INFORMATION:
Statutory Authority and Function:
Notice of this meeting is required by
section 1009(a)(2) of 5 U.S.C. chapter 10
(Federal Advisory Committees). NACIE
is authorized by section 6141 of the
Elementary and Secondary Education
Act of 1965 (ESEA), as amended (20
U.S.C. 7471). The work of NACIE was
expanded by Executive Order 14049. In
accordance with section 6141 of the
ESEA, NACIE shall advise the Secretary
of Education and the Secretary of
Interior on the funding and
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SUMMARY:
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administration (including the
development of regulations and
administrative policies and practices) of
any program, including any program
established under title VI, Part A of the
ESEA, with respect to which the
Secretary of Education has jurisdiction
and (1) that includes Indian children or
adults as participants or (2) that may
benefit Indian children or adults. Also
in accordance with section 6141 of the
ESEA, NACIE shall make
recommendations to the Secretary of
Education for filling the position of
Director of Indian Education whenever
a vacancy occurs and shall submit to the
Congress, no later than June 30 of each
year, a report on its activities that
includes recommendations that are
considered appropriate for the
improvement of Federal education
programs that include Indian children
or adults as participants or that may
benefit Indian children or adults, and
recommendations concerning the
funding of any such program. In
accordance with section 3 of Executive
Order 14049, NACIE shall advise the
Co-Chairs of the White House Initiative
on Advancing Educational Equity,
Excellence and Economic Opportunity
for Native Americans and Strengthening
Tribal Colleges and Universities (WHI–
NATCU), in consultation with the WHI–
NATCU, on (1) what is needed for the
development, implementation, and
coordination of educational programs
and initiatives to improve educational
opportunities and outcomes for Native
Americans, (2) how to promote career
pathways for in-demand jobs for Native
American students, including registered
apprenticeships as well as internships,
fellowships, mentorships, and workbased learning initiatives, (3) ways to
strengthen Tribal Colleges and
Universities and increase their
participation in agency programs, (4)
how to increase public awareness of and
generate solutions for the educational
and training challenges and equity
disparities that Native American
students face and the causes of these
challenges and disparities, (5)
approaches to establish local and
national partnerships with public,
private, philanthropic, and nonprofit
stakeholders to advance the policy set
forth in Section 1 of Executive Order
14049, consistent with applicable law,
and (6) actions for promoting,
improving, and expanding educational
opportunities for Native languages,
traditions, and practices to be sustained
through culturally responsive
education. Also, in accordance with
section 3 of Executive Order 14049,
NACIE and the Executive Director of the
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WHI–NATCU (Executive Director) shall,
as appropriate and consistent with
applicable law, facilitate frequent
collaborations between the WHI–
NATCU and Tribal Nations, Alaska
Native Entities, and other Tribal
organizations. Finally, in accordance
with section 3 of Executive Order
14049, NACIE shall consult with the
Executive Director so that the Executive
Director can address NACIE’s efforts
pursuant to section 3(a) of Executive
Order 14019 in the annual report of the
WHI–NATCU submitted to the
President.
Meeting Agenda: The purpose of this
meeting is to convene NACIE and
conduct the following business: FY24:
Calendar, Annual Report to Congress,
and Activity Planning; Collaborative
NACIE-Related Organization Chart
Discussion, Federal Stakeholder
Updates, Bylaws Update, Open Public
Comment; and discussion with other
federal stakeholders, e.g., U.S.
Department of the Interior, Bureau of
Indian Education (BIE), WHI–NATCU,
U.S. Department of Labor, and U.S.
Department of Education, Office of
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Meeting: Members of the public may
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available on a first come, first serve
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]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55439-55441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17473]
-----------------------------------------------------------------------
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 Third Amended Final Determination of the
Results of 2012-2013 Antidumping Administrative Review Pursuant to
Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 19, 2023, the U.S. Court of International Trade (CIT
or Court) issued its final judgment in China Manufacturers Alliance,
LLC v. United States, Consol. Court No. 15-00124, Slip Op. 23-105 (CIT
2023) (China Mfr. Alliance VI), sustaining the U.S. Department of
Commerce's (Commerce) prior remand redeterminations pertaining to the
administrative review of the antidumping duty order on certain new
pneumatic off-the-road tires (OTR tires) from the People's Republic of
China (China) covering the period September 1, 2012, through August 31,
2013, which: (1) effectuated the mandate of the U.S. Court of Appeals
for the Federal Circuit's (Federal Circuit) ruling to assign mandatory
respondent Double Coin Holdings Ltd. (Double Coin) the 105.31 percent
China-wide rate initially assigned in the final results of this review
(overturning the prior final results of redetermination pursuant to the
CIT's directive to calculate a rate for Double Coin on the basis of its
own information); and (2) sustained the prior final results of
redetermination pursuant to remand with respect to mandatory respondent
Guizhou Tyre Co., Ltd. and Guizhou Tyre Export and Import Co., Ltd.
(collectively GTC). Commerce is notifying the public that it is
amending the final results with respect to the dumping margin assigned
to Double Coin.
DATES: Applicable July 29, 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 15, 2015, Commerce issued its final results in the fifth
administrative review of the antidumping duty order on OTR tires from
China.\1\ Mandatory respondent Double Coin and its affiliated U.S.
importer, China Manufacturers Alliance, LLC, and mandatory respondent
GTC timely filed complaints with the Court challenging certain aspects
of Commerce's Final Results. Domestic interested parties Titan Tire
Corporation and United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO-CLC intervened as defendant-intervenors,
but withdrew from these cases on September 29, 2017.
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 20197 (April 15, 2015)
(Final Results), and accompanying Issues and Decision Memorandum
(IDM); see also Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Amended Final Results of Antidumping
Duty Administrative Review; 2012-2013, 80 FR 26230 (May 7, 2015)
(Amended Final Results) (for ease of reference, collectively
referred to herein as Final Results).
---------------------------------------------------------------------------
On February 6, 2017, the CIT remanded Commerce's Final Results,
directing Commerce to: (1) further explain and reconsider the treatment
of irrecoverable value-added tax (VAT) in the calculation of the margin
for GTC; (2) further explain and reconsider whether certain movement
expenses were double-counted in the margin calculation for GTC; (3)
reconsider and recalculate warehousing cost surrogate values for GTC to
properly adjust for inflation; and (4) assign Double Coin a margin
based exclusively on Double Coin's own information, despite Double Coin
being found to be part of the non-market economy (NME) entity and
assigned the applicable 105.31 percent China-wide entity rate in the
Final Results.\2\ In its First Remand Redetermination, Commerce: (1)
continued to reduce GTC's U.S. sales prices to account for
irrecoverable VAT; (2) determined that certain, but not all, movement
expenses identified by the Court for further consideration were double
counted and removed the applicable charges from the international
freight surrogate value
[[Page 55440]]
calculation for GTC; (3) made an inflation adjustment to domestic
warehousing costs to match the surrogate value to the period of review
for GTC; and (4) assigned Double Coin a de minimis 0.14 percent margin
instead of assigning it a 105.31 percent margin as part of the China-
wide entity, under respectful protest.\3\
---------------------------------------------------------------------------
\2\ See China Manufacturers Alliance, LLC et al. v. United
States, 205 F. Supp. 3d 1325 (CIT 2017) (China Mfr. Alliance I).
\3\ See Final Results of Redetermination Pursuant to Court
Remand, China Manufacturing Alliance, LLC, et al. v. United States,
Court No. 15-00124, Slip Op. 17-12 (CIT 2017), dated June 21, 2017
(First Remand Redetermination), available at https://access.trade.gov/resources/remands/17-12.pdf.
---------------------------------------------------------------------------
After issuing its First Remand Redetermination, Commerce requested
a partial voluntary remand on the issue of Double Coin's margin in
light of the Federal Circuit's decision in Diamond Sawblades.\4\ On
January 16, 2019, the Court sustained, in part, and remanded, in part,
Commerce's First Remand Redetermination and denied Commerce's motion
for partial voluntary remand.\5\ Specifically, the Court sustained
Commerce's determinations regarding the inflation adjustment to
domestic warehousing costs and double-counting of certain movement
expenses for GTC but further remanded the following issues for further
reconsideration and recalculation: (1) in denying Commerce's motion for
voluntary remand, the CIT found that the only rate supported by the
record evidence that Commerce could apply to Double Coin was the 0.14
percent margin applied in the First Remand Redetermination; (2)
Commerce's finding that certain brokerage and handling and ocean
freight charges, other than those corrected in the First Remand
Redetermination, were not double counted for GTC was unsupported and
must be reconsidered; and (3) Commerce's continued reduction of GTC's
U.S. sales prices to account for irrecoverable VAT was impermissible,
and Commerce must recalculate GTC's margin without making such
deductions.\6\ In its Second Remand Redetermination, Commerce
recalculated GTC's U.S. sale prices without making deductions for
irrecoverable VAT, under respectful protest, and adjusted GTC's
brokerage and handling and ocean freight costs for certain double-
counted expenses.\7\ The CIT sustained the results of the Second Remand
Redetermination in China Mfr. Alliance III.\8\ In light of these
determinations, Commerce issued an amended final determination and
notice of court decision not in harmony with the final results of
administrative review which, after accounting for all such changes and
issues addressed in the remand redeterminations, resulted in a
weighted-average dumping margin for GTC of 4.59 percent and assigned
Double Coin a de minimis margin of 0.14 percent.\9\
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\4\ See Diamond Sawblades Mfrs. Coal. v. United States, 866 F.3d
1304 (Fed. Cir. 2017) (Diamond Sawblades).
\5\ See China Manufacturers Alliance, LLC et al. v. United
States, 357 F. Supp. 3d 1364 (CIT 2019) (China Mfr. Alliance II).
\6\ Id.
\7\ See Final Results of Redetermination Pursuant to Court
Remand, China Manufacturing Alliance, LLC, et al. v. United States,
Court No. 15-00124, Slip Op. 19-7 (CIT 2019), dated April 16, 2019
(Second Remand Redetermination), available at https://access.trade.gov/resources/remands/19-7.pdf; see also China Mfr.
Alliance III; and Notice of Court Decision Not in Harmony With Final
Results of Administrative Review and Notice of Amended Final Results
of Antidumping Duty Administrative Review, 84 FR 55553 (October 17,
2019) (Second Amended Final and Timken Notice).
\8\ See China Manufacturers Alliance, LLC et al. v. United
States, Consol. Court No. 15-00124; Slip Op. 19-115 (CIT 2019)
(China Mfr. Alliance III).
\9\ See Second Amended Final and Timken Notice.
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Upon appeal, on June 10, 2021, the Federal Circuit issued a
decision in China Manufacturers Alliance, LLC et al. v. United States,
1 F.4th 1028 (Fed. Cir. 2021) (China Mfr. Alliance IV), which reversed
and remanded the CIT's prior decision in: (1) China Mfr. Alliance I, in
which the CIT found that Commerce had to assign mandatory respondent
Double Coin a margin based exclusively on Double Coin's own
information, despite Double Coin being found to be part of the NME
entity and assigned the applicable 105.31 percent China-wide entity
rate in the Final Results and Amended Final Results, as well as; (2)
the CIT's decision in China Mfr. Alliance II to deny Commerce's request
for a motion for a partial remand to revisit the issue of the margin
calculated for Double Coin in light of the Federal Circuit's decision
regarding the China-wide entity in Diamond Sawblades, which
specifically identified the China Mfr. Alliance I decision as
incompatible with the practice of applying the NME presumption to
companies which fail to rebut the presumption of government
control.\10\ As a result, on May 16, 2023, the CIT issued a remand
order directing Commerce to reach a new determination effectuating the
mandate of the Federal Circuit's China Mfr. Alliance IV ruling by
assigning Double Coin the 105.31 percent China-wide rate.\11\ In
compliance with the Federal Circuit's determination in China Mfr.
Alliance IV and the CIT's directive to effectuate that determination in
China Mfr. Alliance V, on June 12, 2023, Commerce issued its Third
Remand Redetermination assigning the China-wide rate of 105.31 percent
as the final dumping margin applicable to Double Coin.\12\ On July 19,
2023, the CIT entered final judgement in the litigation of the
proceeding, sustaining the results of the Third Remand
Redetermination.\13\
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\10\ See China Mfr. Alliance IV.
\11\ See China Manufacturers Alliance, LLC et al. v. United
States, Consol. Court No. 15-00124, Slip Op 23-75 (CIT 2023) (China
Mfr. Alliance V).
\12\ See Final Results of Redetermination Pursuant to Court
Remand, China Manufacturing Alliance, LLC, et al. v. United States,
Court No. 15-00124, Slip Op. 23-75 (CIT 2023), dated June 12, 2023
(Third Remand Redetermination), available at https://access.trade.gov/resources/remands/23-75.pdf.
\13\ See China Mfr. Alliance VI. All issues otherwise raised in
litigation and applicable to GTC were resolved in prior remand
segments. Specifically, in China Mfr. Alliance III, the CIT
sustained: (1) Commerce's determination in the First Remand
Redetermination, to recalculate warehousing expenses for GTC, to
account for an inflation adjustment, and to exclude certain charges
from the calculation of the ocean freight surrogate value, on the
basis that both recalculations were consistent with the China Mfr.
Alliance I and were unchallenged in subsequent litigation; and (2)
Commerce's determination in the Second Remand Redetermination to
recalculate export price and constructed export price for GTC
without making deductions for irrecoverable value added taxes and
adjustment to GTC's brokerage and handling and ocean freight costs
for certain double-counted expenses. Thus, the Federal Circuit's
decision in China Mfr. Alliance IV (and subsequent China Mfr.
Alliance V, Third Remand Redetermination, and China Mfr. Alliance
VI) reverse the CIT's prior determination only with respect to the
appropriate rate applied to Double Coin, but does not reverse the
CIT's final judgment in China Mfr. Alliance III sustaining the
changes to GTC's margin calculation reflected in the First Remand
Redetermination and Second Remand Redeterminations. Thus, GTC's
final margin calculation of 4.59 percent, as reflected in the prior
Second Amended Final and Timken Notice, remains unchanged.
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to mandatory respondent Double Coin as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Double Coin Holdings Ltd............................... 105.31
------------------------------------------------------------------------
Cash Deposit Requirements
Because the antidumping duty order on OTR Tires from China was
revoked,\14\ Commerce will not issue cash deposit instructions as a
result of this Court decision.
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\14\ 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).
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[[Page 55441]]
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 U.S. Customs and Border Protection to assess antidumping
duties on unliquidated entries of subject merchandise exported by
Double Coin in accordance with 19 CFR 351.212(b) at the rate listed
above.
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: August 9, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-17473 Filed 8-14-23; 8:45 am]
BILLING CODE 3510-DS-P
