Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62505 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–913] 

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 second 

remand redetermination made by the 

Department of Commerce 

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

remand of the final determination in the 

countervailing 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 countervailing 

duty (‘‘CVD’’) 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: 

Andrew Huston or Jack Zhao, AD/CVD 

Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington DC 20230; 

telephone (202) 482–4261 or (202) 482– 

1396, respectively. 

SUPPLEMENTARY INFORMATION: In July 

2008, the Department published a final 

determination in which it found that 

countervailable subsidies are being 

provided to producers/exporters of OTR 

tires from the PRC. See Certain New 

Pneumatic Off-The-Road-Tires From the 

People’s Republic of China: Final 

Affirmative Countervailing Duty 

Determination and Final Negative 

Determination of Critical 

Circumstances, 73 FR 40480 (July 15, 

2008) (‘‘Final Determination’’). As part of 

the Final Determination, the Department 

calculated a CVD rate of 14.00 percent 

for Hebei Starbright Tire Co., Ltd. 

(‘‘Starbright’’), 6.85 percent for Tianjin 

United Tire & Rubber International Co., 

Ltd. (‘‘TUTRIC’’), and 2.45 percent for 

Guizhou Tire Co., Ltd. (‘‘GTC’’) and an 

all-others CVD rate of 5.62 percent. See 

Final Determination, 73 FR at 40483. On 

September 4, 2008, the Department 

published a CVD order on OTR tires 

from the PRC. See Certain New 

Pneumatic Off-the-Road Tires From the 

People’s Republic of China: 

Countervailing Duty Order, 73 FR 51627 

(September 4, 2008). 

Domestic interested party Bridgestone 

Americas, Inc. and Bridgestone 

Americas Tire Operations, LLC 

(collectively, ‘‘Bridgestone’’), 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’’), interested party GPX 

International Tire Corporation, and 

respondent companies Starbright and 

TUTRIC each timely challenged various 

aspects of the Final Determination to the 

CIT. Among the issues raised before the 

Court were the Department’s authority 

to apply the CVD law to the PRC while 

also treating the PRC as a non-market 

economy (‘‘NME’’) country for 

antidumping (‘‘AD’’) purposes and the 

Department’s application of a cut-off 

date of December 11, 2001, the date of 

the PRC’s accession to the World Trade 

Organization, for identifying and 

measuring subsidies in the PRC. 

On September 18, 2009, the CIT 

remanded this matter to the Department 

either ‘‘to forego the imposition of CVDs 

on the merchandise at issue or * * * to 

adopt additional policies and 

procedures to adapt its NME AD and 

CVD methodologies to account for the 

imposition of CVD remedies on 

merchandise from the PRC.’’ GPX Int’l 

Tire Corp. v. United States, Consol. Ct. 

No. 08–00285, Slip Op. 09–103 at *33 

(Ct. Int’l Trade September 18, 2009) 

(‘‘GPX I’’). The CIT also ordered the 

Department, should it continue to 

impose CVD remedies, to ‘‘refrain from 

using a uniform cut-off date for 

identifying and measuring subsidies in 

the PRC while it remains a designated 

NME and must evaluate the specific 

facts of each subsidy to determine what 

kind of subsidy exists and whether it is 

measurable at a particular time in the 

PRC.’’ Id. 

On April 26, 2010, the Department 

issued an initial remand 

redetermination under protest in which 

it continued to impose CVD remedies 

upon imports of subject merchandise 

from the PRC, but determined, for 

certain of those imports, to offset those 

CVDs against calculated dumping 

margins. See Remand Redetermination, 

GPX Int’l Tire Corp. v. United States, 

Consol. Ct. No. 08–00285, dated April 

26, 2010, at 7–11, 42–44. The 

Department also under protest refrained 

from using a uniform cut-off date for 

identifying and measuring subsidies in 

the PRC and instead evaluated the 

specific facts of each subsidy to 

determine the nature of each subsidy 

and the point in time that each type of 

subsidy became measurable. Id. at 20– 

40, 51–53. 

On August 4, 2010, the CIT ruled the 

above-described offset methodology to 

be unreasonable and inconsistent with 

the statute and ordered the Department 

‘‘to forego the imposition of CVDs on the 

merchandise at issue.’’ GPX Int’l Tire 

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

08–00285, Slip Op. 10–84 at *28 (Ct. 

Int’l Trade August 4, 2010) (‘‘GPX II’’). 

Accordingly, in a second remand 

redetermination filed with the CIT 

under protest on September 3, 2010, the 

Department excluded Starbright and 

TUTRIC from the CVD order, but 

continued to apply its revised approach 

to selecting the date on which to 

identify and measure subsidies adopted 

under protest in its initial remand 

redetermination with respect to GTC. 

See Second Remand Redetermination, 

GPX Int’l Tire Corp. v. United States, 

Consol. Ct. No. 08–00285, dated 

September 3, 2010, at 2–4. As a result, 

the Department calculated a CVD rate of 

3.35 percent for GTC and an all-others 

CVD rate of 3.35 percent. Id. at 8. The 

CIT affirmed the Department’s second 

remand redetermination on October 1, 

2010. See GPX III, Slip Op. 09–112 at 

*3. 

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 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 

excluding OTR tires produced and 

exported by Starbright or TUTRIC from 

the countervailing duty order on OTR 

tires from the PRC and will issue 


srobinson on DSKHWCL6B1PROD with NOTICES
62506 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 

revised 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. 2010–25689 Filed 10–8–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY43 

Fisheries of the Gulf of Mexico and 

South Atlantic; Southeast Data, 

Assessment, and Review (SEDAR); 

Assessment Process Webinars for 

Highly Migratory Species (HMS) 

Fisheries Sandbar, Dusky, and 

Blacknose Sharks; Webinars; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of addendum to a 

meeting notice for SEDAR 21 HMS of 

sandbar, dusky, and blacknose sharks 

assessment webinars. 

SUMMARY: This notice updates 

information relative to the SEDAR 21 

assessments of the HMS stocks of 

sandbar, dusky, and blacknose sharks 

will consist of a series of workshops and 

webinars: a Data Workshop, a series of 

Assessment webinars, and a Review 

Workshop. See SUPPLEMENTARY

INFORMATION. 

DATES: The SEDAR 21 Assessment 

Process I webinars will be held between 

September 14th and December 8th, 

2010. See SUPPLEMENTARY INFORMATION

for exact dates and times. Note: The 

schedule has been modified to add a 

webinar on October 22nd. 

The established times may be 

adjusted as necessary to accommodate 

the timely completion of discussion 

relevant to the assessment process. Such 

adjustments may result in the meeting 

being extended from, or completed prior 

to the time established by this notice. 

Webinar Date Day Time (Eastern) 

1 ........................ September 14, 2010 .................................................. Tuesday ..................................................................... 10 am–2 pm 

2 ........................ September 16, 2010 .................................................. Thursday .................................................................... 10 am–2 pm 

3 ........................ September 30, 2010 .................................................. Thursday .................................................................... 1pm–5 pm 

4 ........................ October 5, 2010 ........................................................ Tuesday ..................................................................... 9:30 am–12:30 

pm 

5 ........................ October 8, 2010 ........................................................ Friday ......................................................................... 10 am–2 pm 

6 ........................ October 22, 2010 ...................................................... Friday ......................................................................... 11 am–3 pm 

7 ........................ October 26, 2010 ...................................................... Tuesday ..................................................................... 10 am–2 pm 

8 ........................ October 28, 2010 ...................................................... Thursday .................................................................... 10 am–2 pm 

9 ........................ November 2, 2010 ..................................................... Tuesday ..................................................................... 10 am–2 pm 

10 ...................... November 4, 2010 ..................................................... Thursday .................................................................... 10 am–2 pm 

11 ...................... November 8, 2010 ..................................................... Monday ...................................................................... 10 am–2 pm 

12 ...................... November 10, 2010 ................................................... Wednesday ................................................................ 10 am–2 pm 

13 ...................... December 8, 2010 ..................................................... Wednesday ................................................................ 10 am–2 pm 

ADDRESSES: The meeting will be held 

via webinar. The webinar is open to 

members of the public. Those interested 

in participating should contact Julie A. 

Neer at SEDAR (See Contact Information 

Below) to request an invitation 

providing webinar access information. 

FOR FURTHER INFORMATION CONTACT: Julie 

A Neer, SEDAR Coordinator, 4055 Faber 

Place, Suite 201, North Charleston, SC 

29405; telephone: (843) 571–4366; email: Julie.neer@safmc.net. 

SUPPLEMENTARY INFORMATION: The 

original document published on August 

26, 2010 (75 FR 52510). A meeting has 

been added to the agenda, therefore, we 

are publishing the document in its 

entirety. 

The Gulf of Mexico, South Atlantic, 

and Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a threestep process including: (1) Data 

Workshop, (2) Assessment Process 

utilizing webinars and (3) Review 

Workshop. The product of the Data 

Workshop is a data report which 

compiles and evaluates potential 

datasets and recommends which 

datasets are appropriate for assessment 

analyses. The product of the Assessment 

Process is a stock assessment report 

which describes the fisheries, evaluates 

the status of the stock, estimates 

biological benchmarks, projects future 

population conditions, and recommends 

research and monitoring needs. The 

assessment is independently peer 

reviewed at the Review Workshop. The 

product of the Review Workshop is a 

Summary documenting Panel opinions 

regarding the strengths and weaknesses 

of the stock assessment and input data. 

Participants for SEDAR Workshops are 

appointed by the Gulf of Mexico, South 

Atlantic, and Caribbean Fishery 

Management Councils and NOAA 

Fisheries Southeast Regional Office, 

HMS Management Division, and 

Southeast Fisheries Science Center. 

Participants include data collectors and 

database managers; stock assessment 

scientists, biologists, and researchers; 

constituency representatives including 

fishermen, environmentalists, and 

NGO’s; International experts; and staff 

of Councils, Commissions, and state and 

federal agencies. 

SEDAR 21 Assessment Process I 

webinar series: 

Using datasets recommended from the 

Data Workshop, participants will 

employ assessment models to evaluate 

stock status, estimate population 

benchmarks and management criteria, 

and project future conditions. 

Participants will recommend the most 

appropriate methods and configurations 

for determining stock status and 

estimating population parameters. 

Meeting Schedule: Note that the 

schedule has been modified to add a 

webinar on October 22nd. 


srobinson on DSKHWCL6B1PROD with NOTICES