80 FR 34899 - Certain Magnesia Carbon Bricks From the People's Republic of China and Mexico: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 117 (June 18, 2015)
International Trade Administration
Federal Register Volume 80, Issue 117 (June 18, 2015)
| Page Range | 34899-34900 | |
| FR Document | 2015-15009 |
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)] [Notices] [Pages 34899-34900] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15009] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-837, A-570-954, C-570-955] Certain Magnesia Carbon Bricks From the People's Republic of China and Mexico: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 22, 2015, the United States Court of International Trade (CIT) sustained the Final Redetermination issued by the Department of Commerce (Department), in which it determined that Fedmet Resources Corporation's (Fedmet) Bastion[supreg] magnesia alumina carbon bricks (MACBs) are outside the scope of the antidumping and countervailing duty orders on certain magnesia carbon bricks (MCBs) from Mexico and the People's Republic of China (PRC),\1\ pursuant to the CIT's remand order in Fedmet Resources Corporation v. United States, Court No. 12-00215 (CIT February 23, 2015).\2\ --------------------------------------------------------------------------- \1\ See Certain Magnesia Carbon Bricks from Mexico and the People's Republic of China: Antidumping Duty Orders, 75 FR 57257 (September 20, 2010) and Certain Magnesia Carbon Bricks from the People's Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010) (Orders). \2\ See Final Results of Redetermination Pursuant to Court Remand Magnesia Carbon Bricks from the People's Republic of China and Mexico, Fedmet Resources Corporation v. United States, Court No. 12-00215 (March 24, 2015) (Final Redetermination). --------------------------------------------------------------------------- Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken,\3\ as clarified by Diamond Sawblades,\4\ the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Scope Ruling on Bastion[supreg] MACBs \5\ and is amending its final scope ruling. --------------------------------------------------------------------------- \3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \4\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). \5\ See ``Memorandum from Barbara E. Tillman, ``Certain Magnesia Carbon Bricks From the People's Republic of China and Mexico: Final Scope Ruling- Fedmet Resources Corporation'' dated July 2, 2012 (Final Scope Ruling) at 2. --------------------------------------------------------------------------- DATES: Effective Date: June 1, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4261. SUPPLEMENTARY INFORMATION: Background On May 3, 2011, Fedmet filed a request for a scope ruling claiming that its Bastion[supreg] MACBs are outside the scope of the Orders. The Department issued its Final Scope Ruling on July 2, 2012, and found that Fedmet's Bastion[supreg] MACBs are included in the scope of the Orders. Fedmet challenged the Department's Final Scope Ruling before the CIT. On May 30, 2013, the CIT sustained the Department's analysis pursuant to 19 CFR 351.225(k)(1) and (k)(2).\6\ Fedmet appealed the CIT's judgment to the CAFC. On June 20, 2014, in a divided decision, the CAFC reversed the CIT.\7\ The CAFC held that the references to ``MACBs'' in the (k)(1) sources resolved the inquiry and that the scope of the Orders did not extend to MACBs.\8\ --------------------------------------------------------------------------- \6\ See Fedmet Res. Corp. v. United States, 911 F. Supp. 2d 1348 (Ct. Int'l Trade 2013). \7\ See Fedmet Res. Corp. v. United States, 755 F.3d 912, 923 (CAFC 2014). \8\ Id. at 917. --------------------------------------------------------------------------- On February 23, 2015, the Department issued its Final Redetermination and found that, pursuant to the CAFC's decision and the CIT's subsequent remand order, Bastion[supreg] MACBs imported by Fedmet were not subject to the Orders. The CIT sustained the Final Redetermination on May 22, 2015.\9\ --------------------------------------------------------------------------- \9\ See Fedmet Res. Corp. v. United States, Court No. 12-00215 (CIT May 22, 2015) (judgment sustaining Final Redetermination). --------------------------------------------------------------------------- Timken Notice In its decision in Timken, as clarified by Diamond Sawblades, the CAFC has held that, pursuant to section 516A(c) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of 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 May 22, 2015, judgment in this case constitutes a final decision of that court that is not in harmony with the Department's Final Scope Ruling. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue suspension of liquidation of Bastion[supreg] MACBs imported by Fedmet pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Scope Ruling Because there is now a final court decision with respect to this case, the Department is amending the Final Scope Ruling and finds Fedmet's [[Page 34900]] Bastion[supreg] MACBs to be outside the scope of the Orders. The Department will instruct U.S. Customs and Border Protection (CBP) that the cash deposit rate will be zero percent for Fedmet's Bastion[supreg] MACBs. In the event that the CIT's ruling is not appealed, or if appealed, upheld by the CAFC, the Department will instruct CBP to liquidate entries of Fedmet's Bastion[supreg] MACBs without regard to antidumping and/or countervailing duties, and to lift suspension of liquidation of such entries. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1) and 777(i)(1) of the Act. Dated: June 11, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-15009 Filed 6-17-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices 34899
or a letter rating as listed by Tire and Rim DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION:
Association Year Book, and the rated speed
does not exceed 81 MPH or an ‘‘M’’ rating; International Trade Administration Background
or On May 3, 2011, Fedmet filed a
[A–201–837, A–570–954, C–570–955]
(ii) the tire’s speed rating molded on the request for a scope ruling claiming that
sidewall is 87 MPH or an ‘‘N’’ rating, and in Certain Magnesia Carbon Bricks From its Bastion® MACBs are outside the
either case the tire’s maximum pressure and the People’s Republic of China and scope of the Orders. The Department
maximum load limit are molded on the Mexico: Notice of Court Decision Not issued its Final Scope Ruling on July 2,
sidewall and either in Harmony With Final Scope Ruling 2012, and found that Fedmet’s
(1) both exceed the maximum pressure and
and Notice of Amended Final Scope Bastion® MACBs are included in the
maximum load limit for any tire of the same scope of the Orders.
Ruling Pursuant to Court Decision
size designation in either the passenger car Fedmet challenged the Department’s
or light truck section of the Tire and Rim AGENCY: Enforcement and Compliance, Final Scope Ruling before the CIT. On
Association Year Book; or International Trade Administration, May 30, 2013, the CIT sustained the
(2) if the maximum cold inflation pressure Department of Commerce. Department’s analysis pursuant to 19
molded on the tire is less than any cold SUMMARY: On May 22, 2015, the United CFR 351.225(k)(1) and (k)(2).6 Fedmet
inflation pressure listed for that size States Court of International Trade (CIT) appealed the CIT’s judgment to the
designation in either the passenger car or sustained the Final Redetermination CAFC. On June 20, 2014, in a divided
light truck section of the Tire and Rim issued by the Department of Commerce decision, the CAFC reversed the CIT.7
Association Year Book, the maximum load (Department), in which it determined The CAFC held that the references to
limit molded on the tire is higher than the that Fedmet Resources Corporation’s ‘‘MACBs’’ in the (k)(1) sources resolved
maximum load limit listed at that cold (Fedmet) Bastion® magnesia alumina the inquiry and that the scope of the
inflation pressure for that size designation in carbon bricks (MACBs) are outside the Orders did not extend to MACBs.8
either the passenger car or light truck section scope of the antidumping and On February 23, 2015, the Department
of the Tire and Rim Association Year Book; countervailing duty orders on certain issued its Final Redetermination and
(7) tires designed and marketed exclusively found that, pursuant to the CAFC’s
magnesia carbon bricks (MCBs) from
for off-road use and which, in addition, decision and the CIT’s subsequent
Mexico and the People’s Republic of
exhibit each of the following physical remand order, Bastion® MACBs
China (PRC),1 pursuant to the CIT’s
characteristics: imported by Fedmet were not subject to
remand order in Fedmet Resources
(a) The size designation and load index the Orders. The CIT sustained the Final
Corporation v. United States, Court No.
combination molded on the tire’s sidewall Redetermination on May 22, 2015.9
12–00215 (CIT February 23, 2015).2
are listed in the off-the-road, agricultural,
Consistent with the decision of the Timken Notice
industrial or ATV section of the Tire and Rim
United States Court of Appeals for the
Association Year Book, In its decision in Timken, as clarified
Federal Circuit (CAFC) in Timken,3 as
(b) in addition to any size designation by Diamond Sawblades, the CAFC has
markings, the tire incorporates a warning,
clarified by Diamond Sawblades,4 the
Department is notifying the public that held that, pursuant to section 516A(c) of
prominently molded on the sidewall, that the the Tariff Act of 1930, as amended (the
tire is ‘‘Not For Highway Service’’ or ‘‘Not for
the final judgment in this case is not in
harmony with the Department’s Final Act), the Department must publish a
Highway Use’’, notice of court decision that is not ‘‘in
(c) the tire’s speed rating is molded on the Scope Ruling on Bastion® MACBs 5 and
is amending its final scope ruling. harmony’’ with a Department
sidewall, indicating the rated speed in MPH
DATES: Effective Date: June 1, 2015.
determination and must suspend
or a letter rating as listed by the Tire and Rim
liquidation of entries pending a
Association Year Book, and the rated speed FOR FURTHER INFORMATION CONTACT:
‘‘conclusive’’ court decision. The CIT’s
does not exceed 55 MPH or a ‘‘G’’ rating, and Andrew Huston, AD/CVD Operations,
May 22, 2015, judgment in this case
(d) the tire features a recognizable off-road Office VII, Enforcement and
constitutes a final decision of that court
tread design. Compliance, International Trade
that is not in harmony with the
The products covered by the investigation Administration, U.S. Department of
are currently classified under the following
Department’s Final Scope Ruling. This
Commerce, 14th Street and Constitution
Harmonized Tariff Schedule of the United
notice is published in fulfillment of the
Avenue NW., Washington, DC 20230;
States (HTSUS) subheadings: 4011.10.10.10,
publication requirements of Timken.
telephone: (202) 482–4261.
4011.10.10.20, 4011.10.10.30, 4011.10.10.40, Accordingly, the Department will
4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 1 See Certain Magnesia Carbon Bricks from
continue suspension of liquidation of
4011.10.50.00, 4011.20.10.05, and Mexico and the People’s Republic of China: Bastion® MACBs imported by Fedmet
4011.20.50.10. Tires meeting the scope Antidumping Duty Orders, 75 FR 57257 (September pending expiration of the period of
description may also enter under the
20, 2010) and Certain Magnesia Carbon Bricks from appeal or, if appealed, pending a final
the People’s Republic of China: Countervailing Duty and conclusive court decision.
following HTSUS subheadings: Order, 75 FR 57442 (September 21, 2010) (Orders).
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 2 See Final Results of Redetermination Pursuant
Amended Final Scope Ruling
4011.99.85.50, 8708.70.45.45, 8708.70.45.60, to Court Remand Magnesia Carbon Bricks from the
8708.70.60.30, 8708.70.60.45, and People’s Republic of China and Mexico, Fedmet Because there is now a final court
8708.70.60.60. While HTSUS subheadings
Resources Corporation v. United States, Court No. decision with respect to this case, the
12–00215 (March 24, 2015) (Final Department is amending the Final
are provided for convenience and for Redetermination).
customs purposes, the written description of 3 See Timken Co. v. United States, 893 F.2d 337
Scope Ruling and finds Fedmet’s
the subject merchandise is dispositive. (Fed. Cir. 1990) (Timken).
tkelley on DSK3SPTVN1PROD with NOTICES
4 See Diamond Sawblades Mfrs. Coalition v. 6 See Fedmet Res. Corp. v. United States, 911 F.
[FR Doc. 2015–15058 Filed 6–17–15; 8:45 am] Supp. 2d 1348 (Ct. Int’l Trade 2013).
United States, 626 F.3d 1374 (Fed. Cir. 2010)
7 See Fedmet Res. Corp. v. United States, 755 F.3d
BILLING CODE 3510–DS–P (Diamond Sawblades).
5 See ‘‘Memorandum from Barbara E. Tillman, 912, 923 (CAFC 2014).
8 Id. at 917.
‘‘Certain Magnesia Carbon Bricks From the People’s
Republic of China and Mexico: Final Scope Ruling- 9 See Fedmet Res. Corp. v. United States, Court
Fedmet Resources Corporation’’ dated July 2, 2012 No. 12–00215 (CIT May 22, 2015) (judgment
(Final Scope Ruling) at 2. sustaining Final Redetermination).
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![34900 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
Bastion® MACBs to be outside the scope implementing the Certification are at 15 4. If we find evidence that there is
of the Orders. The Department will CFR part 995. The recordkeeping and indeed wisdom in the crowd, then that
instruct U.S. Customs and Border reporting requirements of 15 CFR part begs consideration of a next step:
Protection (CBP) that the cash deposit 995 form the basis for this collection of development of approaches for
rate will be zero percent for Fedmet’s information. This information allows leveraging and focusing the crowd’s
Bastion® MACBs. In the event that the the Office of Coast Survey to administer wisdom in decision-making contexts for
CIT’s ruling is not appealed, or if the regulation, and to better understand societal benefit.
appealed, upheld by the CAFC, the the marketplace resulting in products to
Department will instruct CBP to that meet the needs of the customer in Climate Challenge allows players to
liquidate entries of Fedmet’s Bastion® a timely and efficient manner. guess future climate-related conditions,
MACBs without regard to antidumping Affected Public: Business or other for- such as the annual Arctic Sea Ice
and/or countervailing duties, and to lift profit organizations; not-for-profit minimum coverage or a monthly
suspension of liquidation of such institutions. average global surface temperature. The
entries. Frequency: Semiannually and on game also allows players to compare
occasion. their answers to the experts’ and, when
Notification to Interested Parties Respondent’s Obligation: Mandatory. available, see how both predictions
This notice is issued and published in This information collection request compare to real-world measurements.
accordance with sections 516A(e)(1) and may be viewed at reginfo.gov. Follow There will be one climate-related
777(i)(1) of the Act. the instructions to view Department of question per month, and whoever comes
Dated: June 11, 2015.
Commerce collections currently under closest to guessing the actual values will
review by OMB. be that month’s winner. For an added
Paul Piquado,
Written comments and twist, participants can also compete
Assistant Secretary for Enforcement and recommendations for the proposed
Compliance. against their friends, colleagues, or
information collection should be sent
[FR Doc. 2015–15009 Filed 6–17–15; 8:45 am] family members.
within 30 days of publication of this
BILLING CODE 3510–DS–P notice to OIRA_Submission@ Climate Challenge also helps to build
omb.eop.gov or fax to (202) 395–5806. climate science literacy by encouraging
Dated: June 15, 2015.
players to explore online links to
DEPARTMENT OF COMMERCE materials related to the topics addressed
Sarah Brabson,
National Oceanic and Atmospheric by each game question. Players who
NOAA PRA Clearance Officer.
Administration want to increase their chances of
[FR Doc. 2015–14981 Filed 6–17–15; 8:45 am]
winning are encouraged to visit the
BILLING CODE 3520–JE–P
Submission for OMB Review; links to gather information that may
Comment Request help them improve the accuracy of their
DEPARTMENT OF COMMERCE guesses. NOAA’s Climate.gov team will
The Department of Commerce will publish the real-world measurements
submit to the Office of Management and
National Oceanic and Atmospheric once they become available, as well as
Budget (OMB) for clearance the
Administration short summaries of the methods that the
following proposal for collection of
experts used to make their guesses.
information under the provisions of the Prize Purchases
Paperwork Reduction Act (44 U.S.C. Matters To Be Considered:
Chapter 35). AGENCY: Office of Oceanic and Prizes will be distributed monthly.
Agency: National Oceanic and Atmospheric Research (OAR), National The prizes that will be given to each
Atmospheric Administration (NOAA). Oceanic and Atmospheric winner (one per month) are a black T-
Title: Certification Requirements for Administration (NOAA), Department of Shirt with the Climate Challenge Logo
Distributors of NOAA Electronic Commerce (DOC). on the front and a mug consisting of the
Navigational Charts. ACTION: Notice of prize purchase. same logo as the t-shirt.
OMB Control Number: 0648–0508.
Form Number(s): None. SUMMARY: This notice sets forth the FOR FURTHER INFORMATION CONTACT:
Type of Request: Regular (extension of intention of the Communication and David Herring, Division Chief,
a currently approved information Education (CommEd) Division of CPO to Communication and Education
collection). purchase and distribute prizes (1 t-shirt Division, CPO, NOAA, Rm. 12104, 1315
Number of Respondents: 8. and 1 mug per month) to the monthly East-West Highway, Silver Spring,
Average Hours per Response: winners of the Climate Challenge—the Maryland 20910. (Phone: 301–734–
Distribution report, 1 hour; error social media game with a purpose. 1207, Fax: 301–713–0517, Email:
reporting, 1.5 hours. SUPPLEMENTARY INFORMATION: This David.Herring@noaa.gov). Please feel
Burden Hours: 328. Social Media Game with a purpose was free to visit the Climate Challenge Web
Needs and Uses: This request is for developed for several reasons: site using the following link:
extension of a currently approved 1. To help improve public climate
www.ecoresearch.net/climate-challenge.
information collection. literacy (which is a Climate.gov
NOS Office of Coast Survey manages requirement). Dated: June 3, 2015.
the Certification Requirements for 2. To engage Climate.gov’s publics in Jason Donaldson,
tkelley on DSK3SPTVN1PROD with NOTICES
Distributors of NOAA Electronic a fun & challenging way, while also Chief Financial Officer and Chief
Navigational Charts (NOAA ENCs®). growing our readership (another req). Administrative Officer, Office of Oceanic and
The certification allows entities to 3. To test the hypothesis that there is Atmospheric Research, National Oceanic and
download, redistribute, repackage, or in ‘‘wisdom in the crowd’’ by comparing Atmospheric Administration.
some cases reformat, official NOAA the crowd’s averaged best guesses to [FR Doc. 2015–14730 Filed 6–17–15; 8:45 am]
ENCs and retain the NOAA ENC’s experts’ best guesses as well as real- BILLING CODE P
official status. The regulations for world observations.
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Document Created: 2018-02-22 11:11:52
Document Modified: 2018-02-22 11:11:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: June 1, 2015. | |
| Contact | Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4261. | |
| FR Citation | 80 FR 34899 |
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