Certain New Pneumatic Off-The-Road Tires From the People's Republic of China; 2013-2014: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review |
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Gary Taverman
Department of Commerce
20 February 2019
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5057-5058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02784]
[[Page 5057]]
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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; 2013-2014: Notice of Court Decision Not in Harmony
With Final Results of Administrative Review and Notice of Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2018, the United States Court of International
Trade (Court) issued a final judgment in Qingdao Qihang Tyre Co., Ltd.,
et al. v. United States, Consol. Court No. 16-00075; Slip Op. 18-176
(CIT Dec. 21, 2018) (Qihang Tyre), sustaining the Department of
Commerce's (Commerce) remand results for the sixth administrative
review of the antidumping duty order on certain new pneumatic off-the-
road tires (OTR tires) from the People's Republic of China (China)
covering the period of review (POR) September 1, 2013, through August
31, 2014. Commerce is notifying the public that the Court has made a
final judgment that is not in harmony with Commerce's final results of
the administrative review, and that Commerce is amending the final
results with respect to certain exporters identified herein.
DATES: Applicable December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5139.
SUPPLEMENTARY INFORMATION:
Background
On April 20, 2016, Commerce issued its Final Results \1\ in the
sixth administrative review of the order on OTR tires from China.
Between April 29, 2016, and May 12, 2016, the plaintiffs in this
litigation, consisting of the two mandatory respondents, Qingdao Qihang
Tyre Co., Ltd. (Qihang) and Xuzhou Xugong Tyres Co., Ltd., Armour
Rubber Co. Ltd., and Xuzhou Hanbang Tyre Co., Ltd. (collectively,
Xugong), and the following separate rate respondents, Qingdao Free
Trade Zone Full-World International Trading Co., Ltd. (Full World),
Trelleborg Wheel Systems (Xingtai) Co., Ltd. (TWS Xinghai), and Weihai
Zhongwei Rubber Co., Ltd. (Weihai Zhongwei) timely filed complaints
with the Court challenging certain aspects of Commerce's Final
Results.\2\ On May 31, 2016, domestic interested parties Titan Tire
Corporation and United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO-CLC intervened as defendant-intervenors
but withdrew from these cases on September 29, 2017.\3\
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\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2013-2014, 81 FR 23272 (April 20, 2016)
(Final Results) and accompanying Issues and Decision Memorandum
(IDM).
\2\ See Qingdao Qihang Tyre Co., Ltd., et al. v. United States,
Consol. Court No. 16-00075; Slip Op. 18-35 (CIT April 4, 2018)
(Qihang Tyre), at *4.
\3\ Id. at n.2.
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On April 4, 2018, the Court remanded Commerce's Final Results.\4\
In its remand redetermination, Commerce (1) recalculated, under
protest, export price and constructed export price for Xugong's and
Qihang's sales without making downward adjustments for Chinese
irrecoverable value added taxes (VAT); (2) reconsidered its surrogate
value for reclaimed rubber and determined that Romanian import price
data, obtained from the Global Trade Atlas, constituted the best
available information; and (3) redetermined its surrogate value for
foreign inland freight, using the World Bank's Doing Business 2016:
Thailand report in place of the 2015 version of that report that
Commerce used in the Final Results.\5\ After accounting for all such
changes and issues in the Qihang Tyre remand, the resulting antidumping
duty margins are 13.93 percent for Qihang and 23.45 percent for
Xugong.\6\ Because Commerce calculated margins for unexamined
respondents eligible for a separate rate using the weighted-average
dumping margins of the two mandatory respondents in the underlying
administrative review,\7\ we have recalculated the margin for the
separate rate respondents who are parties to this litigation.\8\ The
recalculation resulted in a margin of 20.03 percent for TWS Xingtai,
Full World, and Zhongwei.\9\ On December 21, 2018, the Court sustained
the Qihang Tyre remand results.\10\
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\4\ Id. at 61.
\5\ See Final Results of Redetermination Pursuant to Ct. Remand
at 2, Qingdao Qihang Tyre Co., Ltd., et al. v. United States,
Consol. Court No. 16-00075; Slip Op. 18-35 (CIT 2018), dated July
24, 2018 (Remand Results).
\6\ See memoranda, ``Draft Results of Redetermination Pursuant
to Court Remand in the 2013-14 Antidumping Duty Administrative
Review of Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China: Draft Remand Analysis Memorandum for Xuzhou
Xugong Tyres Co.,'' dated June 12, 2018 (Xugong Draft Results
Analysis Memo) at 2, ``Draft Results of Redetermination Pursuant to
Court Remand in the 2013-14 Antidumping Duty Administrative Review
of Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China: Draft Remand Analysis Memorandum for Qingdao
Qihang Tyre Co.,'' dated June 12, 2018 (Qihang Draft Results
Analysis Memo).
\7\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014, 80 FR 61166 (October 9, 2015)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM) at 10-12, unchanged in the Final Results.
\8\ See memorandum, ``Draft Results of Redetermination Pursuant
to Court Remand in the 2013-2014 Antidumping Duty Administrative
Review of Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China: Draft Results Margin Calculation for Separate
Rate Companies,'' dated June 12, 2018 (Draft Remand SR Memo).
\9\ Id.
\10\ See Qingdao Qihang Tyre Co., Ltd., et al. v. United States,
Consol. Court No. 16-00075; Slip Op. 18-176 (CIT Dec. 21, 2018).
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Consistent with 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), Commerce is notifying the public that the final judgment in
this case is not in harmony with Commerce's final results of the
administrative review of the antidumping duty order on OTR tires from
China covering the POR. Thus, Commerce is amending the Final Results
with respect to the weighted-average dumping margins for the mandatory
respondents, and the separate rate respondents who are parties to this
litigation, as listed above.
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (Act), Commerce must publish a notice of
a court decision that is not ``in harmony'' with a Commerce
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The Court's December 21, 2018, judgment
sustaining the Qihang Tyre remand results constitutes a final decision
of the Court that is not in harmony with Commerce's Final Results. As
such, Commerce has published this notice in fulfillment of the
publication requirement of Timken.
[[Page 5058]]
Amended Final Results
Because there is now a final court decision, Commerce is amending
the Final Results with respect to the mandatory respondents, and the
separate rate respondents who are parties to this litigation. The
revised weighted-average dumping margins for these exporters during the
period September 1, 2013, through August 31, 2014, are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
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Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company 23.45
Ltd., or Xuzhou Hanbang Tyre Co., Ltd..................
Qingdao Qihang Tyre Co., Ltd............................ 13.93
Qingdao Free Trade Zone Full-World International Trading 20.03
Co., Ltd...............................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd....... 20.03
Weihai Zhongwei Rubber Co., Ltd......................... 20.03
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Accordingly, Commerce will continue the suspension of liquidation
of the subject merchandise pending the end of the period of appeal or,
if appealed, pending a final and conclusive court decision. In the
event the Court's ruling is not appealed or, if appealed, and upheld by
the CAFC, Commerce will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on unliquidated entries of subject
merchandise exported by the companies identified above using the
assessment rate calculated by Commerce in the Qihang Tyre remand
results, as listed in the above table.
Cash Deposit Requirements
Unless the applicable cash deposit rates have been superseded by
cash deposit rates calculated in an intervening administrative review
of the antidumping duty order on OTR tires from China, Commerce will
instruct CBP to require a cash deposit for estimated antidumping duties
at the rate noted above for each specified exporter, for entries of
subject merchandise, entered or withdrawn from warehouse, for
consumption, on or after December 31, 2018.
Notification to Interested Parties
Commerce has issued and published this notice in accordance with
sections 516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: February 13, 2019.
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. 2019-02784 Filed 2-19-19; 8:45 am]
BILLING CODE 3510-DS-P