Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Corrected Notice of Decision of the Court of International Trade Not in Harmony and Corrected Notice of Amended Final Determination

Paul Piquado
Department of Commerce
June 4, 2015

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Page 31889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13681]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Corrected Notice of Decision of the Court of 
International Trade Not in Harmony and Corrected Notice of Amended 
Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 18, 2015, the United States Court of International 
Trade (CIT) granted plaintiff's motion for enforcement of judgment in 
GPX International Tire Corp. v. United States, Consol. Court No. 08-
00285,\1\ enforcing the Court's October 30, 2013, order that sustained 
a remand redetermination of the Department of Commerce (Department) 
relating to the countervailing duty (CVD) investigation on certain new 
pneumatic off-the-road tires (OTR Tires) from the People's Republic of 
China (PRC).\2\ Consistent with the GPX Enforcement Order and the 
decision of the United States Court of Appeals for the Federal Circuit 
(CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the 
Department is issuing this revised notice to the public that the final 
decision in this case is not in harmony with the Department's final 
affirmative determination in the CVD investigation of OTR Tires from 
the PRC and is correcting its earlier amended final determination with 
respect to the cash deposit rate for Tianjin United Tire & Rubber 
International Co., Ltd. (TUTRIC).\3\
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    \1\ See GPX Int'l Tire Corp. v. United States, Consol. Ct. No. 
08-00285, Slip Op. 15-46 (CIT May 18, 2015) (GPX Enforcement Order).
    \2\ See GPX Int'l Tire Corp. v. United States, Consol. Ct. No. 
08-00285, Slip Op. 13-132 (CIT October 30, 2013) (GPX VIII).
    \3\ 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 and Notice of Amended Final 
Determination, 78 FR 70917 (November 27, 2013) (2013 Timken Notice 
and Amended Final Determination).

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DATES: Effective Date: November 9, 2013.

FOR FURTHER INFORMATION CONTACT: David Lindgren at (202) 482-3870; AD/
CVD Operations, Office VII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

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.\4\ 
As part of the Final Determination, the Department calculated a CVD 
rate for TUTRIC of 6.85 percent.\5\ A summary of that determination and 
resulting domestic litigation can be found in the 2010 Timken 
Notice.\6\
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    \4\ 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).
    \5\ Id., 73 FR at 40483.
    \6\ 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 62505 (October 12, 2010) 
(2010 Timken Notice).
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    In May 2012, the CAFC vacated and remanded the earlier final 
judgment of the CIT referenced in the 2010 Timken Notice.\7\ The CIT 
subsequently ordered the Department to reconsider several 
methodological and calculation issues from the Final Determination.\8\ 
On remand, the Department recalculated the subsidy rate for TUTRIC's 
debt forgiveness as well as its total countervailable subsidy rate.\9\ 
The CIT sustained the Department's remand redetermination in GPX VIII. 
As a result, on November 27, 2013, the Department issued the 2013 
Timken Notice and Amended Final Determination with the revised 
countervailable subsidy rate for TUTRIC of 3.93 percent, but the 
Department noted that the amendment did not change TUTRIC's cash 
deposit rate because of intervening final determination implemented 
pursuant to Section 129 of the Uruguay Round Agreements Act.\10\
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    \7\ See GPX Int'l Tire Corp. v. United States, 678 F.3d 1308 
(Fed. Cir. 2012).
    \8\ See GPX Int'l Tire Corp. v. United States, 893 F. Supp. 2d 
1296 (CIT 2013).
    \9\ See GPX VIII.
    \10\ See 2013 Timken Notice and Amended Final Determination, 78 
FR at 70918.
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    TUTRIC then brought a motion for enforcement of the Court's October 
30, 2013 judgment, and on May 18, 2015, the CIT ordered the Department 
to issue a revised Timken Notice, setting TUTRIC's cash deposit rate at 
3.93 percent.\11\
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    \11\ See GPX Enforcement Order.
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    Corrected Timken Notice: In its decision in Timken, as clarified in 
Diamond Sawblades, the CAFC 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 October 30, 2013 
judgment in GPX VIII, as enforced through the CIT's May 18, 2015 GPX 
Enforcement Order, 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 
and of the Court's May 18, 2015 GPX Enforcement Order. 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.
    Corrected Amended Final Determination: Because there is now a final 
CIT decision with respect to this litigation, the Department will issue 
revised cash deposit instructions to U.S. Customs and Border 
Protection, adjusting TUTRIC's cash deposit rate to 3.93 percent, 
effective November 9, 2013, in accordance with the 2013 Timken Notice 
and Amended Final Determination and the CIT's May 18, 2015 GPX 
Enforcement Order.
    This notice is issued and published in accordance with sections 
516A(e)(1) and 777(i)(1) of the Act.

    Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-13681 Filed 6-3-15; 8:45 am]
 BILLING CODE 3510-DS-P