Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Antidumping Duty Investigation and Notice of Second Amended Final Determination

Carole Showers
Department of Commerce
4 October 2017

[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46219-46220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21343]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Notice of Court Decision Not in Harmony With the 
Amended Final Determination of the Antidumping Duty Investigation and 
Notice of Second Amended Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 25, 2017, the United States Court of 
International Trade (CIT or the Court) entered a final judgment 
sustaining the Department of Commerce's (Department) results of remand 
redetermination concerning the antidumping duty (AD) investigation of 
certain passenger vehicle and light truck tires (passenger tires) from 
the People's Republic of China (PRC). The Department is notifying the 
public that the Court's final judgment in this case is not in harmony 
with the Department's amended final determination, and is therefore 
amending that determination with respect to the cash deposit rate for 
Cooper Tire & Rubber Company, Cooper (Kunshan) Tire Co., Ltd., and 
Cooper Chengshan (Shandong) Tire Co., Ltd. (collectively, Cooper), 
exporters and producers of subject merchandise.

DATES: Applicable: October 5, 2017.

FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401

[[Page 46220]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1398.

SUPPLEMENTARY INFORMATION: 

Background

    On June 18, 2015, the Department published its final determination 
in the AD investigation of passenger tires from the PRC.\1\ On August 
10, 2015, the Department published an amended final determination and 
the AD order.\2\ As part of the Department's amended final 
determination, the Department assigned a cash deposit rate of 11.12 
percent to Cooper, which reflected an adjustment for export subsidies 
and estimated domestic subsidy pass-through from the companion 
countervailing duty (CVD) investigation of passenger tires from the 
PRC.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Investigation of Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China: 
Final Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, In Part, 80 FR 
34893 (June 18, 2015), and accompanying Issues and Decision 
Memorandum (IDM) (AD Final Determination).
    \2\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Amended Final Affirmative Antidumping 
Duty Determination and Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 47902 (August 10, 2015) (First Amended AD Final 
Determination).
    \3\ See Amended AD Final Determination, 80 FR at 47904.
---------------------------------------------------------------------------

    On March 29, 2017, the Court remanded this case to the Department. 
Specifically, the Court directed the Department on remand to determine 
Cooper's AD cash deposit rate on the same basis as all other separate 
rate respondents and to inform the Court of the date by which the 
redetermined cash deposit rate would be put into effect.\4\
---------------------------------------------------------------------------

    \4\ See Cooper Tire & Rubber Company, et al., v. United States, 
Court No. 15-00251, Slip Op. 17-32 (March 29, 2017) (Remand Order).
---------------------------------------------------------------------------

    On April 13, 2017, the Department issued its Results of 
Redetermination,\5\ recalculating Cooper's AD cash deposit rate by 
adjusting its weighted-average dumping margin downward using the export 
subsidy rate of 13.53 percent. This export subsidy rate reflects the 
weighted average of the export subsidies received by the mandatory 
respondents in the CVD investigation and made applicable to the 
remaining non-mandatory separate rate respondents in the AD 
investigation. As a result of this adjustment, Cooper's recalculated AD 
cash deposit rate is 8.72 percent. The Department informed the Court 
that it intended to place this redetermined cash deposit rate into 
effect by means of instructions issued to U.S. Customs and Border 
Protection (CBP), with an effective date as of the tenth day from the 
date on which the Court issues a final judgment sustaining the results 
of redetermination.
---------------------------------------------------------------------------

    \5\ See Results of Remand Redetermination Pursuant to Remand, 
Court No. 15-00251, dated April 13, 2017, available at: http://ia.ita.doc.gov/remands/17-32.pdf (Results of Remand 
Redetermination).
---------------------------------------------------------------------------

    On September 25, 2017, the Court sustained the Department's Results 
of Redetermination in full.\6\
---------------------------------------------------------------------------

    \6\ See Cooper Tire & Rubber Company, et al., v. United States, 
Court No. 15-00251, Slip. Op. 17-130 (September 25, 2017).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the United States Court of Appeals for the Federal Circuit (CAFC) held 
that, pursuant to sections 516A(c) and (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 September 25, 2017, judgment sustaining the 
Department's decision in the Results of Redetermination to re-calculate 
the cash deposit rate for Cooper from 11.12 percent to 8.72 percent, 
constitutes a final decision of the court that is not in harmony with 
the Amended Final Determination. This notice is published in 
fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------

    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Second Amended Final Determination

    Because there is now a final court decision, the Department is 
amending the Amended AD Final Determination with respect to the cash 
deposit rate calculated for the Cooper entities. Based on the Results 
of Redetermination, as affirmed by the CIT in the Cooper Remand, the 
revised cash deposit rate for the Cooper companies are as follows:

------------------------------------------------------------------------
                                                       Cash deposit rate
                  Exporter/producer                         (percent)
------------------------------------------------------------------------
Cooper Tire & Rubber Company/Cooper Chengshan                       8.72
 (Shandong) Tire Co., Ltd............................
Cooper Tire & Rubber Company/Cooper (Kunshan) Tire                  8.72
 Co., Ltd............................................
Cooper Chengshan (Shandong) Tire Co., Ltd./Cooper                   8.72
 Chengshan (Shandong) Tire Co., Ltd..................
Cooper (Kunshan) Tire Co., Ltd./Cooper (Kunshan) Tire               8.72
 Co., Ltd............................................
------------------------------------------------------------------------

Cash Deposit Requirements

    Since the Amended AD Final Determination, the Department has not 
established a new cash deposit rate for the above-listed companies. As 
a result, in accordance with section 735(c)(1)(B) of the Act, the 
Department will instruct CBP to collect a cash deposit of 8.72 percent 
for entries of subject merchandise exported and produced by the above 
listed companies, effective October 5, 2017. Pursuant to the Court's 
final judgment and order, the Department will instruct CBP to issue a 
refund of cash deposits in the amount of 2.4 percent on entries of 
certain passenger vehicle and light truck tires from the People's 
Republic of China exported and produced by the above-listed companies 
entered on or after August 6, 2015 and through and including the date 
of publication in the Federal Register of this notice.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 735(d), and 777(i)(1) of the Act.

    Dated: September 28, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-21343 Filed 10-3-17; 8:45 am]
 BILLING CODE 3510-DS-P