[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22742-22743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


New Pneumatic Off-the-Road Tires From the People's Republic of 
China: Rescission of New Shipper Review

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

EFFECTIVE DATE: April 30, 2010.
SUMMARY: In response to a request from Yituo Orient Good Friend Tyre 
Co., Ltd., (``OGF''), the Department of Commerce (the ``Department'') 
published on November 2, 2009, a Federal Register notice announcing the 
initiation of a new shipper review of the antidumping duty order on new 
pneumatic off-the-road tires (``OTR tires'') from the People's Republic 
of China (``PRC'') for the period February 20, 2008, through August 31, 
2009. On March 22, 2010, OGF withdrew its request for a new shipper 
review. Therefore, we are rescinding this new shipper review with 
respect to OGF.

FOR FURTHER INFORMATION CONTACT: John Hollwitz 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-
2336 and (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2009, the Department received a timely request 
from OGF in accordance with section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (the ``Act''), and 19 CFR 351.214(c), for a new 
shipper review of the antidumping duty order on OTR tires from the PRC. 
On November 2, 2009, the Department found that the request for review 
with respect to OGF met all of the regulatory requirements set forth in 
19 CFR 351.214(b) and

[[Page 22743]]

initiated an antidumping duty new shipper review. See New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Initiation of 
New Shipper Review, 74 FR 56575 (``Initiation Notice''). On March 22, 
2009, OGF withdrew its request for a new shipper review. On April 12, 
2010, we placed on the record and served to parties a memo stating that 
the Department intended to rescind the above-referenced new shipper 
review. We allowed parties to comment on the intended rescission by no 
later than April 19, 2010. See Memorandum to the File regarding: 
Withdrawal of Request for NSR from OGF, dated April 12, 2010. On April 
14, 2010, the Department received a letter from Titan Tire Corporation 
(``Titan'') stating that Titan had no objection to the Department's 
intended rescission of the new shipper review. See Letter from Titan 
regarding: Comments on Proposed Rescission of New Shipper Review, dated 
April 14, 2010.

Rescission of New Shipper Review

    19 CFR 351.214(f)(1) provides that the Department may rescind a new 
shipper review if the party that requested the review withdraws its 
request for review within 60 days of the date of publication of the 
notice of initiation of the requested review. Although OGF withdrew its 
request after the 60-day deadline, we find it reasonable to extend the 
deadline because we have not yet committed significant resources to the 
OGF new shipper review (e.g., we have not issued our preliminary 
results). Further, in this instance, no other company would be affected 
by a rescission, and we have received no objections from any party to 
OGF's withdrawal of its request for this new shipper review. Based upon 
the above, we are rescinding the new shipper review of the antidumping 
duty order on OTR tires from the PRC with respect to OGF. See Hand 
Trucks and Certain Parts Thereof from the People's Republic of China: 
Notice of Rescission of Antidumping Duty New Shipper Review, 74 FR 
31911 (July 6, 2009) (rescinding new shipper review after 60-day 
deadline on same grounds). As the Department is rescinding this new 
shipper review, we are not calculating a company-specific rate for OGF, 
and OGF will remain part of the PRC entity.

Notifications

    Because OGF remains part of the PRC entity, its entries may be 
under review in the ongoing administrative review. Accordingly, the 
Department will not order liquidation of entries for OGF. The 
Department intends to issue liquidation instructions for the PRC 
entity, which will cover any entries by OGF, 15 days after publication 
of the final results of the ongoing administrative review.
    This notice serves as a final 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destructions of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: April 26, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-10250 Filed 4-29-10; 8:45 am]
BILLING CODE 3510-DS-S