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Gary Taverman
Department of Commerce
25 July 2018
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35213-35214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15879]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-542-801]
Certain New Pneumatic Off-The-Road Tires From Sri Lanka: Notice
of Court Decision Not in Harmony With Final Affirmative Countervailing
Duty Determination, Notice of Amended Final Determination and
Revocation of Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 11, 2018, the United States Court of International
Trade (CIT) entered its final judgment sustaining the final results of
remand redetermination pursuant to court order by the Department of
Commerce (Commerce) pertaining to the countervailing duty (CVD)
investigation of certain new pneumatic off-the-road tires (off road
tires) from Sri Lanka. Commerce is notifying the public that the final
judgment in this case is not in harmony with Commerce's final
determination in the CVD investigation of off road tires from Sri
Lanka. Pursuant to the CIT's final judgment, the mandatory respondent
in the CVD investigation of off road tires from Sri Lanka received a
net countervailable subsidy rate of 1.23 percent, a rate that is de
minimis and, therefore, Commerce is hereby revoking this order.
DATES: Applicable July 21, 2018.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6274.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2017, Commerce published the Final Determination in
this proceeding.\1\ Commerce reached an affirmative determination that
countervailable subsidies were provided to mandatory respondent Camso
Loadstar (Private), Ltd. (Camso Loadstar). Commerce published the
countervailing duty order resulting from the investigation on March 6,
2017.\2\
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\1\ See Certain New Pneumatic Off-the-Road Tires from Sri Lanka:
Final Affirmative Countervailing Duty Determination, and Final
Determination of Critical Circumstances, 82 FR 2949, 2950 (January
10, 2017) (Final Determination) and accompanying Issues and Decision
Memorandum.
\2\ See Certain New Pneumatic Off-the-Road Tires from India and
Sri Lanka: Amended Final Affirmative Countervailing Duty
Determination for India and Countervailing Duty Orders, 82 FR 12556
(Mar. 6, 2017) (Order).
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Camso Loadstar and the Government of Sri Lanka (GOSL) appealed the
Final Determination and countervailing duty order to the CIT, and on
April 17, 2018, the CIT remanded the Final Determination.\3\
Specifically, the CIT remanded the Final Determination directing
Commerce to eliminate any duties attributable to the Guaranteed Price
Scheme for Rubber (GPS) program based on mere reimbursement for
excessive rubber payments.\4\ On June 13, 2016, Commerce issued its
final results of redetermination pursuant to remand in accordance with
the CIT's order.\5\ On remand, Commerce, under respectful protest,\6\
eliminated any duties attributable to the GPS program and recalculated
the countervailable subsidy rate for Camso Loadstar accordingly. On
July 11, 2018, the CIT sustained Commerce's Final Redetermination.\7\
Thus, the effective date of this notice is July 21, 2018.
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\3\ See Government of Sri Lanka v. United States, Slip Op. 18-43
(CIT Apr. 17, 2018).
\4\ Id. at 20.
\5\ See Final Results of Redetermination on Remand Pursuant to
Government of Sri Lanka v. United States, Slip Op. 18-43 (CIT April
17, 2018), dated June 13, 2016 (Final Redetermination). See also
https://enforcement.trade.gov/remands/18-43.pdf.
\6\ See Viraj Group, Ltd. v. United States, 343 F.3d 1371 (Fed.
Cir. 2003).
\7\ See Government of Sri Lanka v. United States, Slip Op. 18-
87, Consol. Court No. 17-00059 (CIT July 11, 2018) (Final Remand
Order).
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Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the Court of Appeals for the Federal Circuit (Federal Circuit) held
that, pursuant to section 516A of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a notice of court decision that is not
``in harmony'' with a Commerce determination and must suspend
liquidation of entries pending a ``conclusive'' court decision.\10\ The
CIT's July 11, 2018, final judgment sustaining the Final
Redetermination constitutes a final decision of that court that is not
in harmony with Commerce's Final Determination. Thus, this notice is
published in fulfillment of the publication requirements of Timken and
section 516A of the Act.
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\8\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\10\ See Sections 516A(c) and (e) of the Act.
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Amended Final Determination
Because there is now a final court decision, Commerce is amending
the Final Determination with respect to Camso Loadstar. The revised
countervailable subsidy rate for Camso Loadstar for the period January
1, 2015, through December 31, 2015, is as follows:
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Exporter or producer Subsidy rate (percent)
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Camso Loadstar (Private), Ltd 1.23 (de minimis).
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Revocation of the Order
Pursuant to section 705(a)(3) of the Act, Commerce ``shall
disregard any countervailable subsidy that is de minimis as defined in
section 703(b)(4)'' of the Act. Furthermore, and pursuant to section
705(c)(2) of the Act, ``the investigation shall be terminated upon
publication of that negative
[[Page 35214]]
determination'' and Commerce shall ``terminate the suspension of
liquidation'' and ``release any bond or other security, and refund any
cash deposit.'' As a result of the CIT's decision affirming Commerce's
Final Redetermination, Commerce is revoking the countervailing duty
order on off road tires from Sri Lanka \11\ because the revised CVD
margin for Camso Loadstar, the only mandatory respondent, is now de
minimis.\12\ Because the revised net countervailable subsidy rate for
the sole mandatory respondent, Camso Loadstar, is de minimis, Commerce
did not determine an all-others rate in the Final Redetermination.
Accordingly, Commerce intends to issue instructions to U.S. Customs and
Border Protection (CBP) to release any bonds or other security and
refund cash deposits pertaining to any suspended entries pursuant to
the Order. As a result of this revocation, Commerce will not initiate
administrative reviews of this Order.\13\
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\11\ See Order, 82 FR at 12556.
\12\ See section 703(b)(4)(B) of the Act; Developing and Least-
Developed Country Designations under the Countervailing Duty Law, 63
FR 29945 (June 2, 1998).
\13\ Commerce did not previously initiate any administrative
review of the Order.
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Although section 705(c)(2)(A) of the Act instructs Commerce to
terminate suspension of liquidation, we note that, pursuant to Timken,
the suspension of liquidation must continue during the pendency of the
appeals process. Thus, we will continue to instruct CBP at this time to
(A) release any bond or other security, and refund any cash deposit
made pursuant to the Order as discussed above; and (B) suspend
liquidation of all unliquidated entries of subject merchandise from Sri
Lanka at a cash deposit rate of 0.00 percent which are entered, or
withdrawn from warehouse, for consumption on or after July 21, 2018,
which is ten days after the court's decision, in accordance with
section 516A of the Act.\14\ In the event that the CIT's judgment
affirming the Final Redetermination is not appealed, or appealed and
upheld by the U.S. Court of Appeals for the Federal Circuit, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate those entries of subject merchandise without regard to
countervailing duties. Notwithstanding the continued suspension
described above, the countervailing duty order on off road tires from
Sri Lanka is hereby revoked, as described above.
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\14\ See, e.g., Drill Pipe from the People's Republic of China:
Notice of Court Decision Not in Harmony with International Trade
Commission's Injury Determination, Revocation of Antidumping and
Countervailing Duty Orders Pursuant to Court Decision, and
Discontinuation of Countervailing Duty Administrative Review, 79 FR
78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From
the People's Republic of China: Notice of Court Decision Not in
Harmony With Final Determination in Less Than Fair Value
Investigation, Notice of Amended Final Determination Pursuant to
Court Decision, Notice of Revocation of Antidumping Duty Order in
Part, and Discontinuation of Fifth Antidumping Duty Administrative
Review, 82 FR 46758, 46760 (October 6, 2017).
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Lastly, we note that, at this time, Commerce remains enjoined by
Court order from liquidating entries that were produced and/or exported
by Camso Loadstar, and were entered, or withdrawn from warehouse, for
consumption during the period June 20, 2016, through October 17, 2016,
and from February 28, 2017, through December 31, 2017. These entries
will remain enjoined pursuant to the terms of the injunction during the
pendency of any appeals process.
Notification to Interested Parties
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of the APO is a violation subject to
sanction.
This notice is issued and published in accordance with section
516A(c)(1) and (e) of the Act.
Dated: July 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-15879 Filed 7-24-18; 8:45 am]
BILLING CODE 3510-DS-P