[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Notices]
[Pages 31422-31423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13375]


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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 Decision of the Court of International 
Trade Not in Harmony

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 14, 2010, the United States Court of International 
Trade (``CIT'') sustained the final remand redetermination made by the 
Department of Commerce (``Department'') pursuant to the CIT's remand of 
the final determination in the antidumping investigation on certain new 
pneumatic off-the-road tires (``OTR tires'') from the People's Republic 
of China (``PRC''). See Bridgestone Americas Inc. v. United States, 
Consol. Ct. No. 08-00256, Slip Op. 10-55 (Ct. Int'l Trade May 14, 2010) 
(``Bridgestone''). This case arises out of the Department's Final 
Determination in the antidumping investigation on OTR tires from the 
PRC. See Certain New Pneumatic Off-The-Road-Tires from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value and Partial Affirmative Determination of Critical 
Circumstances, 73 FR 40485 (July 15, 2008) (``Final Determination''); 
Certain New Pneumatic Off-the-Road Tires from the People's Republic of 
China: Notice of Amended Final Affirmative Determination of Sales at 
Less than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 
4, 2008). The final judgment in this case was not in harmony with the 
Department's July 2008 final determination.

EFFECTIVE DATE: May 24, 2010

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Charles Riggle, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-6412 
or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION: In July 2008, the Department published in 
the Federal Register the Final Determination in the antidumping 
investigation on OTR tires from the PRC in which it calculated a zero 
dumping rate for respondent Xugong Tyres Co., Ltd. (``Xugong'').
    In August 2008, petitioners, Bridgestone Americas, Inc. and 
Bridgestone Americas Tire Operations, LLC (collectively, 
``Bridgestone'') and Titan Tire Corporation (``Titan''), respectively, 
filed summons with the CIT challenging the Final Determination with 
respect to Xugong's zero dumping margin. Among their claims, 
Bridgestone and Titan alleged that the Department erred in its Final 
Determination by treating as indirect materials certain inputs used by 
Xugong in the production of subject merchandise.
    In April 2009, the Department requested a voluntary remand to 
further explain its determination regarding the classification of the 
fifteen raw materials reported by Xugong as indirect materials. On 
August 4, 2009, the CIT remanded this matter to the Department to 
reconsider whether each of the fifteen inputs was a direct or indirect 
material, to reopen the record as appropriate, and to recalculate the 
margin accordingly. See Bridgestone Americas Inc. v. United States, 
Consol. Ct. No. 08-00256, Slip Op. 09-79 (Ct. Int'l Trade Aug. 4, 
2009).
    After receiving comments on the draft remand results, the 
Department on January 7, 2010, issued its final remand redetermination 
in which it treated Xugong's fifteen raw material inputs as direct 
materials and, thus, recalculated Xugong's margin by adding Xugong's 
fifteen raw materials as direct material inputs in the calculation of 
the normal value. As a result of this recalculation, Xugong's dumping 
rate changed from 0.00 percent to 10.01 percent. See Bridgestone 
Americas Inc. v. United States, Consol. Ct. No. 08-00256, dated January 
8, 2010.
    On May 14, 2010, the CIT sustained the final redetermination made 
by the Department pursuant to the CIT's remand of the final 
determination in the antidumping investigation of the OTR tires from 
the PRC. See Bridgestone, Slip Op. 10-55 at 14.

Timken Notice

    In its decision in Timken Co. v. United States, 893 F. 2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision.
    The Court's decision in Bridgestone on May 14, 2010, constitutes a 
final decision of that court that is not in harmony with the 
Department's Final Determination. This notice is published in 
fulfillment of the publication requirements of Timken with an effective 
date of May 24, 2010 (i.e., 10 days following the CIT's ruling). 
Accordingly, the Department will direct the U.S. Customs and Border 
Protection (``CBP'') effective May 24, 2010, to suspend liquidation of 
entries of subject merchandise manufactured and exported by Xugong 
pending the expiration of the period to appeal or pending a final 
decision on appeal. The Department will issue revised instructions to 
CBP if the Court's

[[Page 31423]]

decision is not appealed or if it is affirmed on appeal.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: May 26, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-13375 Filed 6-2-10; 8:45 am]
BILLING CODE 3510-DS-S