82_FR_46410 82 FR 46219 - 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

82 FR 46219 - 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

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 191 (October 4, 2017)

Page Range46219-46220
FR Document2017-21343

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.

Federal Register, Volume 82 Issue 191 (Wednesday, October 4, 2017) 
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46219-46220]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21343]


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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\
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    \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.
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    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\
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    \4\ See Cooper Tire & Rubber Company, et al., v. United States, 
Court No. 15-00251, Slip Op. 17-32 (March 29, 2017) (Remand Order).
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    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.
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    \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).
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    On September 25, 2017, the Court sustained the Department's Results 
of Redetermination in full.\6\
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    \6\ See Cooper Tire & Rubber Company, et al., v. United States, 
Court No. 15-00251, Slip. Op. 17-130 (September 25, 2017).
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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.
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    \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).
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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

Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 46219 finding or an antidumping or Department specifically receives a withdrawal from warehouse, for countervailing duty order or suspension request for, or self-initiates, a review of consumption and to continue to collect agreement for which it is requesting a the NME entity.4 In administrative the cash deposit previously ordered. review. In addition, a domestic reviews of antidumping duty orders on For the first administrative review of interested party or an interested party merchandise from NME countries where any order, there will be no assessment described in section 771(9)(B) of the Act a review of the NME entity has not been of antidumping or countervailing duties must state why it desires the Secretary initiated, but where an individual on entries of subject merchandise to review those particular producers or exporter for which a review was entered, or withdrawn from warehouse, exporters. If the interested party intends initiated does not qualify for a separate for consumption during the relevant for the Secretary to review sales of rate, the Department will issue a final provisional-measures ‘‘gap’’ period of merchandise by an exporter (or a decision indicating that the company in the order, if such a gap period is producer if that producer also exports question is part of the NME entity. applicable to the period of review. merchandise from other suppliers) However, in that situation, because no This notice is not required by statute which was produced in more than one review of the NME entity was but is published as a service to the country of origin and each country of conducted, the NME entity’s entries international trading community. origin is subject to a separate order, then were not subject to the review and the Dated: September 28, 2017. the interested party must state rate for the NME entity is not subject to James Maeder, specifically, on an order-by-order basis, change as a result of that review Senior Director perfoming the duties of which exporter(s) the request is (although the rate for the individual Deputy Assistant Secretary for Antidumping intended to cover. exporter may change as a function of the and Countervailing Duty Operations. Note that, for any party the finding that the exporter is part of the [FR Doc. 2017–21339 Filed 10–3–17; 8:45 am] Department was unable to locate in NME entity). Following initiation of an BILLING CODE 3510–DS–P prior segments, the Department will not antidumping administrative review accept a request for an administrative when there is no review requested of the review of that party absent new NME entity, the Department will DEPARTMENT OF COMMERCE information as to the party’s location. instruct CBP to liquidate entries for all Moreover, if the interested party who exporters not named in the initiation International Trade Administration files a request for review is unable to notice, including those that were locate the producer or exporter for [A–570–016] suspended at the NME entity rate. which it requested the review, the All requests must be filed Certain Passenger Vehicle and Light interested party must provide an electronically in Enforcement and Truck Tires From the People’s explanation of the attempts it made to Compliance’s Antidumping and Republic of China: Notice of Court locate the producer or exporter at the Countervailing Duty Centralized Decision Not in Harmony With the same time it files its request for review, Electronic Service System (ACCESS) on Amended Final Determination of the in order for the Secretary to determine Enforcement and Compliance’s ACCESS Antidumping Duty Investigation and if the interested party’s attempts were Web site at http://access.trade.gov.5 Notice of Second Amended Final reasonable, pursuant to 19 CFR Further, in accordance with 19 CFR Determination 351.303(f)(3)(ii). 351.303(f)(l)(i), a copy of each request As explained in Antidumping and must be served on the petitioner and AGENCY: Enforcement and Compliance, Countervailing Duty Proceedings: each exporter or producer specified in International Trade Administration, Assessment of Antidumping Duties, 68 the request. Department of Commerce. FR 23954 (May 6, 2003), and Non- The Department will publish in the SUMMARY: On September 25, 2017, the Market Economy Antidumping Federal Register a notice of ‘‘Initiation United States Court of International Proceedings: Assessment of of Administrative Review of Trade (CIT or the Court) entered a final Antidumping Duties, 76 FR 65694 Antidumping or Countervailing Duty judgment sustaining the Department of (October 24, 2011), the Department Order, Finding, or Suspended Commerce’s (Department) results of clarified its practice with respect to the Investigation’’ for requests received by remand redetermination concerning the collection of final antidumping duties the last day of October 2017. If the antidumping duty (AD) investigation of on imports of merchandise where Department does not receive, by the last certain passenger vehicle and light truck intermediate firms are involved. The day of October 2017, a request for tires (passenger tires) from the People’s public should be aware of this review of entries covered by an order, Republic of China (PRC). The clarification in determining whether to finding, or suspended investigation Department is notifying the public that request an administrative review of listed in this notice and for the period the Court’s final judgment in this case merchandise subject to antidumping identified above, the Department will is not in harmony with the Department’s findings and orders.2 instruct CBP to assess antidumping or amended final determination, and is The Department no longer considers countervailing duties on those entries at therefore amending that determination the non-market economy (NME) entity a rate equal to the cash deposit of (or with respect to the cash deposit rate for as an exporter conditionally subject to bond for) estimated antidumping or Cooper Tire & Rubber Company, Cooper an antidumping duty administrative countervailing duties required on those (Kunshan) Tire Co., Ltd., and Cooper reviews.3 Accordingly, the NME entity entries at the time of entry, or Chengshan (Shandong) Tire Co., Ltd. will not be under review unless the (collectively, Cooper), exporters and sradovich on DSK3GMQ082PROD with NOTICES 4 In accordance with 19 CFR 351.213(b)(1), parties 2 See producers of subject merchandise. also the Enforcement and Compliance Web should specify that they are requesting a review of site at http://trade.gov/enforcement/. entries from exporters comprising the entity, and to DATES: Applicable: October 5, 2017. 3 See Antidumping Proceedings: Announcement the extent possible, include the names of such FOR FURTHER INFORMATION CONTACT: Toni of Change in Department Practice for Respondent exporters in their request. Page, AD/CVD Operations, Office VII, Selection in Antidumping Duty Proceedings and 5 See Antidumping and Countervailing Duty Conditional Review of the Nonmarket Economy Proceedings: Electronic Filing Procedures; Enforcement and Compliance, Entity in NME Antidumping Duty Proceedings, 78 Administrative Protective Order Procedures, 76 FR International Trade Administration, FR 65963 (November 4, 2013). 39263 (July 6, 2011). U.S. Department of Commerce, 1401 VerDate Sep<11>2014 20:18 Oct 03, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1

46220 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices Constitution Avenue NW, Washington, On April 13, 2017, the Department States Court of Appeals for the Federal DC 20230; telephone: (202) 482–1398. issued its Results of Redetermination,5 Circuit (CAFC) held that, pursuant to SUPPLEMENTARY INFORMATION: recalculating Cooper’s AD cash deposit sections 516A(c) and (e) of the Tariff Act rate by adjusting its weighted-average of 1930, as amended (the Act), the Background dumping margin downward using the Department must publish a notice of a On June 18, 2015, the Department export subsidy rate of 13.53 percent. court decision that is not ‘‘in harmony’’ published its final determination in the This export subsidy rate reflects the with a Department determination and AD investigation of passenger tires from weighted average of the export subsidies must suspend liquidation of entries the PRC.1 On August 10, 2015, the received by the mandatory respondents pending a ‘‘conclusive’’ court decision. Department published an amended final in the CVD investigation and made The CIT’s September 25, 2017, judgment determination and the AD order.2 As applicable to the remaining non- sustaining the Department’s decision in part of the Department’s amended final mandatory separate rate respondents in the Results of Redetermination to re- the AD investigation. As a result of this calculate the cash deposit rate for determination, the Department assigned adjustment, Cooper’s recalculated AD Cooper from 11.12 percent to 8.72 a cash deposit rate of 11.12 percent to cash deposit rate is 8.72 percent. The percent, constitutes a final decision of Cooper, which reflected an adjustment Department informed the Court that it the court that is not in harmony with for export subsidies and estimated intended to place this redetermined the Amended Final Determination. This domestic subsidy pass-through from the cash deposit rate into effect by means of notice is published in fulfillment of the companion countervailing duty (CVD) instructions issued to U.S. Customs and publication requirements of Timken. investigation of passenger tires from the Border Protection (CBP), with an PRC.3 Second Amended Final Determination effective date as of the tenth day from On March 29, 2017, the Court the date on which the Court issues a remanded this case to the Department. final judgment sustaining the results of Because there is now a final court Specifically, the Court directed the redetermination. decision, the Department is amending Department on remand to determine On September 25, 2017, the Court the Amended AD Final Determination Cooper’s AD cash deposit rate on the sustained the Department’s Results of with respect to the cash deposit rate same basis as all other separate rate Redetermination in full.6 calculated for the Cooper entities. Based respondents and to inform the Court of on the Results of Redetermination, as the date by which the redetermined Timken Notice affirmed by the CIT in the Cooper cash deposit rate would be put into In its decision in Timken,7 as clarified Remand, the revised cash deposit rate effect.4 by Diamond Sawblades,8 the United for the Cooper companies are as follows: Cash deposit rate Exporter/producer (percent) Cooper Tire & Rubber Company/Cooper Chengshan (Shandong) Tire Co., Ltd ......................................................................... 8.72 Cooper Tire & Rubber Company/Cooper (Kunshan) Tire Co., Ltd ............................................................................................... 8.72 Cooper Chengshan (Shandong) Tire Co., Ltd./Cooper Chengshan (Shandong) Tire Co., Ltd ................................................... 8.72 Cooper (Kunshan) Tire Co., Ltd./Cooper (Kunshan) Tire Co., Ltd ............................................................................................... 8.72 Cash Deposit Requirements from the People’s Republic of China Dated: September 28, 2017. exported and produced by the above- Carole Showers, Since the Amended AD Final listed companies entered on or after Executive Director, Office of Policy Determination, the Department has not August 6, 2015 and through and performing the duties of the Deputy Assistant established a new cash deposit rate for including the date of publication in the Secretary for Enforcement and Compliance. the above-listed companies. As a result, Federal Register of this notice. [FR Doc. 2017–21343 Filed 10–3–17; 8:45 am] in accordance with section 735(c)(1)(B) of the Act, the Department will instruct BILLING CODE 3510–DS–P Notification to Interested Parties CBP to collect a cash deposit of 8.72 percent for entries of subject This notice is issued and published in merchandise exported and produced by accordance with sections 516A(e)(1), the above listed companies, effective 735(d), and 777(i)(1) of the Act. 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 1 See Antidumping Duty Investigation of Certain Amended Final Affirmative Countervailing Duty April 13, 2017, available at: http://ia.ita.doc.gov/ Passenger Vehicle and Light Truck Tires from the Determination and Countervailing Duty Order, 80 remands/17-32.pdf (Results of Remand People’s Republic of China: Final Determination of sradovich on DSK3GMQ082PROD with NOTICES FR 47902 (August 10, 2015) (First Amended AD Redetermination). Sales at Less Than Fair Value and Final Affirmative Final Determination). 6 See Cooper Tire & Rubber Company, et al., v. Determination of Critical Circumstances, In Part, 80 3 See Amended AD Final Determination, 80 FR at United States, Court No. 15–00251, Slip. Op. 17– FR 34893 (June 18, 2015), and accompanying Issues and Decision Memorandum (IDM) (AD Final 47904. 130 (September 25, 2017). 4 See Cooper Tire & Rubber Company, et al., v. 7 See Timken Co. v. United States, 893 F.2d 337 Determination). 2 See Certain Passenger Vehicle and Light Truck United States, Court No. 15–00251, Slip Op. 17–32 (Fed. Cir. 1990) (Timken). Tires from the People’s Republic of China: (March 29, 2017) (Remand Order). 8 See Diamond Sawblades Mfrs. Coalition v. 5 See Results of Remand Redetermination United States, 626 F.3d 1374 (Fed. Cir. 2010) Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Pursuant to Remand, Court No. 15–00251, dated (Diamond Sawblades). VerDate Sep<11>2014 20:18 Oct 03, 2017 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 E:\FR\FM\04OCN1.SGM 04OCN1


Document Created: 2018-10-25 09:54:51
Document Modified: 2018-10-25 09:54:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable: October 5, 2017.
ContactToni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 1398.
FR Citation82 FR 46219 
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