[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Page 62504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25688]


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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 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 weighted-average 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