Notice2023-12051
Truck and Bus Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Order
Primary source
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Published
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On May 22, 2023, the U.S. Court of International Trade (CIT or the Court) issued its final judgment in Guizhou Tyre Co., Ltd., et al., v. United States, Consol. Court No. 19-00031, sustaining the U.S. Department of Commerce's (Commerce) remand redetermination pertaining to the antidumping duty investigation of truck and bus tires from the People's Republic of China (China) covering the period of investigation July 1, 2015, through December 31, 2015. Commerce is notifying the public that the CIT's final judgment is not in harmony with Truck and Bus Tires from the People's Republic of China: Antidumping Duty Order, 84 FR 4436 (February 15, 2019) (Order), and that Commerce is amending the Order with respect Guizhou Tyre Import and Export Co., Ltd. (GTCIE), such that merchandise produced and/or exported by GTCIE, during the period February 15, 2019, through February 21, 2020, is not subject to the Order; merchandise produced and/or exported by GTCIE after February 21, 2020 remains subject to the Order.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37023-37024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12051]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-040]
Truck and Bus Tires From the People's Republic of China: Notice
of Court Decision Not in Harmony With the Final Determination of
Antidumping Duty Investigation; Notice of Amended Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 22, 2023, the U.S. Court of International Trade (CIT or
the Court) issued its final judgment in Guizhou Tyre Co., Ltd., et al.,
v. United States, Consol. Court No. 19-00031, sustaining the U.S.
Department of Commerce's (Commerce) remand redetermination pertaining
to the antidumping duty investigation of truck and bus tires from the
People's Republic of China (China) covering the period of investigation
July 1, 2015, through December 31, 2015. Commerce is notifying the
public that the CIT's final judgment is not in harmony with Truck and
Bus Tires from the People's Republic of China: Antidumping Duty Order,
84 FR 4436 (February 15, 2019) (Order), and that Commerce is amending
the Order with respect Guizhou Tyre Import and Export Co., Ltd.
(GTCIE), such that merchandise produced and/or exported by GTCIE,
during the period February 15, 2019, through February 21, 2020, is not
subject to the Order; merchandise produced and/or exported by GTCIE
after February 21, 2020 remains subject to the Order.
DATES: Applicable June 1, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2017, Commerce published its Final Determination in
the antidumping duty investigation of truck and bus tires from China.
Commerce determined that GTCIE and Shanghai Huayi Group Corporation
Limited (formerly Double Coin Holdings Ltd.) (Double Coin) were not
eligible for a separate rate because each company failed to rebut the
presumption of de facto government control.\1\
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\1\ See Truck and Bus Tires from the People's Republic of China:
Final Affirmative Determinations of Sales at Less Than Fair Value
and Critical Circumstances, 82 FR 8599 (January 27, 2017) (Final
Determination).
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On March 13, 2017, the U.S. International Trade Commission (ITC)
notified Commerce of its final determination that an industry in the
United States is not materially injured or threatened with material
injury within the meaning of section 735(b)(1)(A) of the Tariff Act of
1930, as amended (the Act) by reason of imports of truck and bus tires
from China at less than fair value.\2\ Accordingly, Commerce instructed
U.S. Customs and Border Protection (CBP) to liquidate entries of
subject merchandise without regard to antidumping duties.\3\ On
November 1, 2018, the CIT remanded the ITC's final negative
determination.\4\ On January 30, 2019, upon remand, the ITC issued its
final determination, in which the ITC found that an industry in the
United States is materially injured by reason of imports of truck and
bus tires from China.
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\2\ See ITC's Letter, dated March 13, 2017; see also Truck and
Bus Tires from China, 82 FR 14232 (March 17, 2017); and Truck and
Bus Tires from the People's Republic of China, Investigation No.
701-TA-556 and 508 and 731-TA-1311, USITC Pub. 4673 (March 2017)
(Final).
\3\ See CBP Message No. 7094307, dated April 4, 2017.
\4\ See United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union,
AFL-CIO, CLC, v. United States, 348 F. Supp. 3d 1328 (CIT 2018).
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On February 8, 2019, pursuant to the U.S. Court of Appeals for the
Federal Circuit's (Federal Circuit) opinion in Diamond Sawblades, the
ITC notified Commerce of this determination upon
[[Page 37024]]
remand.\5\ On February 15, 2019, Commerce published the Order, in
accordance with section 736(a) of the Act.\6\
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\5\ See ITC's Letter, ``Truck and Bus Tires from China, Inv.
Nos. 701-TA-556 & 731-TA-1311 (Final) (Remand): Notice of Remand
Determinations,'' dated February 8, 2019 (ITC Remand Notification)
(citing Diamond Sawblades Mfrs. Coalition v United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades)).
\6\ See Order, 84 FR 4436.
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Guizhou Tyre Co., Ltd. (GTC), a Chinese producer of truck and bus
tires, with its affiliated exporter, GTCIE, and Double Coin with its
affiliated U.S. importer, China Manufacturers Alliance LLC, appealed
Commerce's Final Determination. On January 24, 2022, the CIT remanded
the Final Determination to Commerce to: (1) comment on (a) the Court's
stated intention of ordering Commerce to direct CBP to liquidate
entries made prior to February 21, 2020, without regard to antidumping
duties and to refund all cash deposits collected on these entries, with
interest as provided by law, when it enters a judgment to conclude the
judicial proceeding, as well as, (b) the Court's selection of February
21, 2020 as the earliest possible date the Order could have been
published; and (2) reconsider its denial of a separate rate for GTCIE
and Double Coin.\7\
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\7\ See Guizhou Tyre Co., Ltd., et al., v United States, Court
No. 19-00031, Slip Op. 22-6 (CIT January 24, 2022).
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In its remand redetermination, issued in April 2022, Commerce: (1)
stated that ``{s{time} hould the Court proceed with its intended remedy
and it is necessary to identify the earliest date that Commerce
hypothetically could have published the Order following the CIT's
February 18, 2020 decision sustaining the ITC's affirmative
redetermination, Commerce believes the Court's choice of February 21,
2020, is reasonable''; and (2) continued to find that GTCIE and Double
Coin were not eligible for a separate rate.\8\ The CIT sustained
Commerce's Final Redetermination.\9\
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\8\ See Final Results of Redetermination Pursuant to Court
Order, Guizhou Tyre Co., Ltd., et al., v. United States, Court No.
19-00031, Slip Op. 22-6 (CIT January 24, 2022), dated April 22, 2022
(Final Redetermination).
\9\ See Guizhou Tyre Co., Ltd., et al., v United States, Court
No. 19-00031, Slip Op. 23-81 (CIT May 22, 2023).
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Timken Notice
In its decision in Timken,\10\ as clarified by Diamond
Sawblades,\11\ the Federal Circuit held that, pursuant to section
516A(c) and (e) 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. The CIT's May 22, 2023 judgment constitutes a final decision
of the CIT that is not in harmony with Commerce's Order. Thus, this
notice is published in fulfillment of the publication requirements of
Timken.
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\10\ See Timken Co. v United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\11\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Antidumping Duty Order
Pursuant to the Court's order, Commerce is amending the Order with
respect GTCIE such that merchandise produced and/or exported by GTCIE
during the period February 15, 2019, through February 21, 2020 is not
subject to the Order; merchandise produced and/or exported by GTCIE
after February 21, 2020 remains subject to the Order.
Liquidation of Suspended Entries
As a result of this amended order, in which Commerce is excluding
merchandise produced and/or exported by GTCIE during the period
February 15, 2019, through February 21, 2020, Commerce will direct CBP
to terminate any suspension of liquidation of entries from GTCIE during
the period February 15, 2019, through February 21, 2020, and to release
any bonds or other security and refund cash deposits pertaining to any
suspended entries from GTCIE during the period February 15, 2019,
through February 21, 2020. Commerce will not revise the cash deposit
requirements currently in effect for entries going forward.
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were exported by GTCIE, and were entered, or
withdrawn from warehouse, during the period February 22, 2020, through
January 31, 2024. These entries will remain enjoined pursuant to the
terms of the injunction during the pendency of any appeals process.
In the event that the CIT's ruling is not appealed or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and/or exported by GTCIE, in accordance
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping
duties on all appropriate entries during this period when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an
importer-specific ad valorem assessment rate is zero or de minimis,\12\
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\12\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12051 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2023.
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