62504 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: October 6, 2010. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–25553 Filed 10–8–10; 8:45 am] 

BILLING CODE 3510–22–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 Decision of the Court 

of International Trade Not in Harmony 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 1, 2010, the 

United States Court of International 

Trade (‘‘CIT’’) sustained the remand 

redetermination made by the 

Department of Commerce 

(‘‘Department’’) pursuant to the CIT’s 

remand of the final determination in the 

antidumping duty investigation on 

certain new pneumatic off-the-road tires 

(‘‘OTR tires’’) from the People’s Republic 

of China (‘‘PRC’’). See GPX Int’l Tire 

Corp. v. United States, Consol. Ct. No. 

08–00285, Slip Op. 10–112 (Ct. Int’l 

Trade October 1, 2010) (‘‘GPX III’’). This 

case arises out of the Department’s final 

determination in the antidumping 

investigation on OTR tires from the 

PRC. The final judgment in this case 

was not in harmony with the 

Department’s July 2008 final 

determination. 

DATES: Effective Date: October 12, 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 a final 

determination in which it determined 

that OTR tires from the PRC are being, 

or are likely to be, sold in the United 

States as less than fair value as provided 

in section 735 of the Tariff Act of 1930, 

as amended (‘‘Act’’). 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’’), as 

amended by 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). 

Respondent company Hebei 

Starbright Tire Co., Ltd. (‘‘Starbright’’), 

its importer GPX International Tire 

Corporation (‘‘GPX’’), petitioners Titan 

Tire Corporation and the United Steel, 

Paper and Forestry, Rubber, 

Manufacturing, Energy, Allied and 

Industrial Service Workers International 

Union, AFL–CIO–CLC (collectively, 

‘‘Titan’’), and domestic interested party 

Bridgestone Americas, Inc. and 

Bridgestone Americas Tire Operations, 

LLC (collectively, ‘‘Bridgestone’’), each 

timely challenged various aspects of the 

Final Determination to the CIT. Among 

the issues raised before the Court was 

the valuation of wire input consumed 

by two of the respondent companies, 

Starbright and Tianjin United Tire & 

Rubber International Co., Ltd. 

(‘‘TUTRIC’’), under the factors of 

production methodology to calculate 

normal value in a non-market economy 

country pursuant to section 773(c)(1)(B) 

of the Act. 

On August 4, 2010, pursuant to the 

Department’s request for a voluntary 

remand, the CIT remanded the wire 

input valuation issue to the Department 

for reconsideration or further 

explanation. See GPX Int’l Tire Corp. v. 

United States, Consol. Ct. No. 08–00285, 

Slip Op. 10–84 at *19–*20, *28 (Ct. Int’l 

Trade August 4, 2010) (‘‘GPX II’’). In a 

remand redetermination filed on 

September 3, 2010, the Department 

determined that record evidence 

supported using a different surrogate 

value for the wire input consumed by 

Starbright and TUTRIC in the 

production of OTR tires. See Second 

Remand Redetermination, GPX Int’l Tire 

Corp. v. United States, Consol. Ct. No. 

08–00285, dated September 3, 2010, at 

4–9. As a result of this change, the 

weighted-average dumping margin 

calculated for subject merchandise 

produced by Starbright and exported by 

Starbright/GPX changed from 29.93 

percent to 31.79 percent, the weightedaverage dumping margin calculated for 

subject merchandise produced and 

exported by TUTRIC changed from 8.44 

percent to 10.08 percent, and the 

weighted-average dumping margin 

calculated for separate rate companies 

changed from 12.19 percent to 13.92 

percent. Id. at 9–12. The CIT affirmed 

the Department’s remand 

redetermination on October 1, 2010. See 

GPX III. 

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 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 CIT’s 

GPX III decision of October 1, 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. 

Accordingly, the Department will 

continue the suspension of liquidation 

of the subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the CIT’s decision is not appealed or is 

affirmed on appeal, the Department will 

publish an amended final determination 

revising the weighted-average dumping 

margin calculated for Starbright/GPX, 

TUTRIC, and the separate rate 

companies and will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 

Dated: October 6, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–25688 Filed 10–8–10; 8:45 am] 

BILLING CODE 3510–DS–P 


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