Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Amended Final Determination Pursuant to a Final Court Decision

On October 1, 2010, the United States Court of International Trade (``CIT'') sustained the remand redetermination made by the Department of Commerce (``Department'') pursuant to the CIT's remand of the final determination in the antidumping duty investigation on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC''). This case arises out of the Department's final determination in the antidumping duty (``AD'') investigation on OTR tires from the PRC. See Certain New Pneumatic Off- The-Road-Tires from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 40485 (July 15, 2008), as amended by Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008) (collectively, ``Final Determination''). The Department notified the public that the final CIT judgment (See GPX Int'l Tire Corp. v. United States, Consol. Ct. No. 08-00285, Slip Op. 10-112 (Ct. Int'l Trade October 1, 2010) (``GPX III'') in this case was not in harmony with the Department's final affirmative determination in the AD investigation of OTR tires from the PRC on October 12, 2010. See Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Notice of Decision of the Court of International Trade Not in Harmony, 75 FR 62504 (October 12, 2010) (``2010 Timken Notice''). As there is now a final and conclusive decision in this case, the Department is amending its final determination with respect to the antidumping duty rate calculated for the separate rate companies.