[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49459-49460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20078]



[[Page 49459]]

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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 Amended Final Determination of Sales at 
Less Than Fair Value and Amended Antidumping Duty Order in Accordance 
With Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 13, 2010.
SUMMARY: On May 14, 2010, the United States Court of International 
Trade (``CIT'') sustained the final remand redetermination made by the 
Department of Commerce (``the 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 arose out of the 
Department's final determination in the antidumping duty 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) (``OTR Tires Order''). As there 
is now a final and conclusive court decision in this action, we are 
amending our final determination and our antidumping duty order.

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 duty 
investigation on OTR tires from the PRC in which it calculated a zero 
dumping rate for respondent Xugong Tyres Co., Ltd. (``Xugong''). See 
Final Determination, 73 FR at 40489; OTR Tires Order, 73 FR at 51625-
26.
    In August 2008, Bridgestone Americas, Inc. and Bridgestone Americas 
Tire Operations, LLC (collectively, ``Bridgestone'') and Titan Tire 
Corporation (``Titan''), respectively, domestic producers of the like 
product, initiated actions at 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 Final 
Determination Pursuant to Court Remand, 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. Consistent with the 
decision of U.S. Court of Appeals for the Federal Circuit in Timken Co. 
v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department 
published in the Federal Register a notice of a court decision that is 
not ``in harmony'' with the Department's final determination. See 
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, 75 FR 31422 (June 3, 2010) (``Timken Notice ''). Pursuant to 
section 516A(e) of the Tariff Act of 1930, as amended (``the Act''), 
and consistent with the Timken Notice, the Department instructed U.S. 
Customs and Border Protection (``CBP'') to begin suspension of 
liquidation, effective May 24, 2010, with respect to subject 
merchandise produced and exported by Xugong, pending a final and 
conclusive court decision in this action. While merchandise produced 
and exported by Xugong was originally excluded from the antidumping 
order, the Department's remand determination found that merchandise 
exported and produced by Xugong was, in fact, sold at less than fair 
value. As the period to appeal the CIT decision in Bridgestone has 
expired, and a final and conclusive court decision with respect to this 
proceeding is in place, we are amending our amended final determination 
and antidumping duty order, accordingly.

Inclusion in the Application of the Antidumping Duty Order

    As discussed above and pursuant to the affirmed remand 
determination, Xugong is no longer excluded from the antidumping duty 
order issued in this case. Therefore, as noted above, subject 
merchandise exported and produced by Xugong is subject to the 
antidumping duty order on OTR tires from the PRC.

Amendment to Final Determination and Antidumping Order

    Because there is now a final and conclusive court decision with 
respect to this proceeding, the revised dumping margin in the amended 
final determination is as follows:

                                             OTR Tires from the PRC
----------------------------------------------------------------------------------------------------------------
                                                                 Original Final Margin     Amended Final Margin
               Exporter                        Producer                (Percent)                (Percent)
----------------------------------------------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd.........  Xuzhou Xugong Tyres                         0.00                    10.01
                                        Co., Ltd..
----------------------------------------------------------------------------------------------------------------


[[Page 49460]]

    Also, as noted above, Xugong is no longer excluded from the 
antidumping duty order issued in this case. Therefore, the Department 
will instruct the CBP to collect a cash deposit of 10.01 percent for 
entries of subject merchandise produced and exported by Xugong, 
effective May 24, 2010, in accordance with the Timken Notice.
    This notice is issued and published in accordance with sections 
735(d), 736(a), and 777(i)(1) of the Act.

    Dated: August 6, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-20078 Filed 8-12-10; 8:45 am]
BILLING CODE 3510-DS-S