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 Publication: Federal Register Agency: International Trade Administration Byline: Lisa W. Wang Date: 6 June 2023 Subjects: American Government , Tires Topic: Guizhou Tyre

[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37023-37024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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