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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

American Government Special Collections Reference Desk

American Government Cars in China

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

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]]

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

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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

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