47754 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices Fees are set taking into account the whose data they process, which would (‘‘Department’’) pursuant to the CIT’s operational costs borne by ITA to use more government resources remand of the final determination in the administer and supervise the Privacy dedicated to administering and antidumping duty investigation on Shield program. The Privacy Shield overseeing Privacy Shield. For example, certain new pneumatic off-the-road tires program will require a significant if a company holds more data it could (‘‘OTR tires’’) from the People’s commitment of resources and staff. The reasonably produce more questions and Republic of China (‘‘PRC’’). This case Privacy Shield Framework includes complaints from consumers and the arises out of the Department’s final commitments from ITA to: European Union’s Data Protection determination in the antidumping duty • Maintain a Privacy Shield Web site; Authorities (DPAs). ITA has committed (‘‘AD’’) investigation on OTR tires from • verify self-certification to facilitating the resolution of the PRC. See Certain New Pneumatic requirements submitted by individual complaints and to Off-The-Road-Tires from the People’s organizations to participate in the communicating with the FTC and the Republic of China: Final Affirmative program; DPAs regarding consumer complaints. Determination of Sales at Less Than Fair • expand efforts to follow up with Lastly, the fee increases between the Value and Partial Affirmative organizations that have been removed tiers are based in part on projected Determination of Critical from the Privacy Shield List; program costs and estimated Circumstances, 73 FR 40485 (July 15, • search for and address false claims participation levels among companies 2008), as amended by Certain New of participation; • within each tier. Pneumatic Off-the-Road Tires from the conduct periodic compliance People’s Republic of China: Notice of reviews and assessments of the program; Conclusion • Amended Final Affirmative provide information regarding the Based on the information provided Determination of Sales at Less than Fair program to targeted audiences; above, ITA believes that its Privacy Value and Antidumping Duty Order, 73 • increase cooperation with EU data Shield cost recovery fee schedule is FR 51624 (September 4, 2008) protection authorities; consistent with the objective of OMB • facilitate resolution of complaints (collectively, ‘‘Final Determination’’). Circular A–25 to ‘‘promote efficient about non-compliance; The Department notified the public allocation of the nation’s resources by • hold annual meetings with the that the final CIT judgment (See GPX establishing charges for special benefits European Commission and other Int’l Tire Corp. v. United States, Consol. provided to the recipient that are at least authorities to review the program, and Ct. No. 08–00285, Slip Op. 10–112 (Ct. • provide an update of laws relevant as great as the cost to the U.S. Int’l Trade October 1, 2010) (‘‘GPX III’’) to Privacy Shield. Government of providing the special in this case was not in harmony with In setting the Privacy Shield fee benefits . .’’ OMB Circular A–25(5)(b). the Department’s final affirmative schedule, ITA determined that the ITA is providing the public with the determination in the AD investigation of services provided offer special benefits opportunity to comment on the fee OTR tires from the PRC on October 12, to an identifiable recipient beyond those schedule, and it will consider these 2010. See Certain New Pneumatic Off- that accrue to the general public. ITA comments when it reassesses the fee the-Road Tires from the People’s calculated the actual cost of providing schedule. ITA will reassess the fee Republic of China: Notice of Decision of its services in order to provide a basis schedule after the first year of the Court of International Trade Not in for setting each fee. Actual cost implementation and, in accordance with Harmony, 75 FR 62504 (October 12, incorporates direct and indirect costs, OMB Circular A–25, at least every two 2010) (‘‘2010 Timken Notice’’). As there including operations and maintenance, years thereafter. is now a final and conclusive decision overhead, and charges for the use of Dated: July 20, 2016. in this case, the Department is capital facilities. ITA also took into Edward M. Dean, amending its final determination with account additional factors, including Deputy Assistant Secretary for Services, respect to the antidumping duty rate adequacy of cost recovery, affordability, International Trade Administration, U.S. calculated for the separate rate and costs associated with alternative Department of Commerce. companies. options available to U.S. organizations [FR Doc. 2016–17508 Filed 7–21–16; 8:45 am] DATES: Effective March 23, 2015. for the receipt of personal data from the BILLING CODE 3510–DR–P FOR FURTHER INFORMATION CONTACT: EU. ITA is establishing a 5-tiered fee Andrew Medley, AD/CVD Operations, schedule that will promote the DEPARTMENT OF COMMERCE Office III, Enforcement and Compliance, participation of small organizations in International Trade Administration, Privacy Shield. A multiple-tiered fee International Trade Administration U.S. Department of Commerce, 14th Street and Constitution Avenue NW., schedule allows ITA to offer the [A–570–912] organizations with lower revenue a Washington, DC 20230; telephone (202) 482–4987. lower fee. In setting the 5 tiers, ITA Certain New Pneumatic Off-the-Road considered, in conjunction with the Tires From the People’s Republic of SUPPLEMENTARY INFORMATION: factors mentioned above: (1) The Small China: Notice of Amended Final Background Business Administration’s guidance on Determination Pursuant to a Final identifying SMEs in various industries Court Decision In July 2008, the Department most likely to participate in the Privacy published a final determination in Shield, such as computer services, AGENCY: Enforcement and Compliance, which it found that OTR tires from the software and information services; (2) International Trade Administration, PRC are being, or are likely to be, sold the likelihood that small companies Department of Commerce. in the United States at less-than-fair- would be expected to receive less SUMMARY: On October 1, 2010, the value (‘‘LTFV’’).1 As part of the Final personal data and thereby use fewer United States Court of International Determination, the Department government resources; and (3) the Trade (‘‘CIT’’) sustained the remand calculated a margin for the separate-rate likelihood that companies with higher redetermination made by the revenue would have more customers Department of Commerce 1 See Final Determination. VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\22JYN1.SGM 22JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices 47755 respondents of 12.91 percent.2 input valuation issue to the Department continued.8 On March 13, 2015, the Starbright Tire Co., Ltd. (‘‘Starbright’’), for reconsideration or further United States Court of Appeals for the its importer GPX International Tire explanation.3 In a remand Federal Circuit (‘‘Federal Circuit’’) Corporation (‘‘GPX’’), petitioners Titan redetermination filed on September 3, issued a final and conclusive decision Tire Corporation and the United Steel, 2010, the Department determined that in this case, which no party appealed.9 Paper and Forestry, Rubber, record evidence supported using a Because there is now a final and Manufacturing, Energy, Allied and different surrogate value for the wire conclusive court decision in this case, Industrial Service Workers International input consumed by Starbright and the Department is amending the final Union, AFL–CIO–CLC (collectively, TUTRIC in the production of OTR tires.4 determination for the separate rate ‘‘Titan’’), and domestic interested party As a result of this change, the weighted- respondents. Bridgestone Americas, Inc. and average dumping margin calculated for Bridgestone Americas Tire Operations, subject merchandise produced by Amended Final Determination LLC (collectively, ‘‘Bridgestone’’), each Starbright and exported by Starbright/ timely challenged various aspects of the GPX changed from 29.93 percent to Since the Final Determination, the Final Determination to the CIT. The 31.79 percent, the weighted average Department has established a new cash antidumping duty case was then dumping margin calculated for subject deposit rate for TUTRIC and for 10 consolidated with the companion merchandise produced and exported by Starbright. Therefore, this amended countervailing duty case at the CIT. TUTRIC changed from 8.44 percent to final determination does not change With regard to the antidumping duty 10.08 percent, and the weighted-average TUTRIC’s or Starbright’s cash deposit case, among the issues raised before the dumping margin calculated for separate rates. Because there is now a final and Court was the valuation of wire input rate companies changed from 12.91 conclusive court decision with respect consumed by two of the respondent percent to 13.92 percent.5 The CIT to the Final Determination, the revised companies, Starbright and Tianjin affirmed the Department’s remand cash deposit rate for the separate rate United Tire & Rubber International Co., redetermination on October 1, 2010.6 companies is 13.92 percent. For those Ltd. (‘‘TUTRIC’’), under the factors of On October 12,