80 FR 36507 - Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2008-2009
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 122 (June 25, 2015)
International Trade Administration
Federal Register Volume 80, Issue 122 (June 25, 2015)
| Page Range | 36507-36509 | |
| FR Document | 2015-15630 |
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)] [Notices] [Pages 36507-36509] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15630] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-888] Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2008-2009 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 30, 2014, the United States Court of International Trade (the Court) issued final judgment in Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, sustaining the Department of Commerce's (the Department) final results of the third redetermination pursuant to remand.\1\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the antidumping duty administrative review of floor-standing, metal top ironing tables and certain parts thereof from the People's Republic of China covering the period August 1, 2008, through July 31, 2009, and is amending the final results with respect to the weighted-average dumping margin assigned to both Since Hardware (Guangzhou) Co., Ltd. (Since Hardware) and Foshan Shunde Yongjian [[Page 36508]] Housewares & Hardwares Co., Ltd. (Foshan Shunde).\2\ --------------------------------------------------------------------------- \1\ See Final Results of Redetermination Pursuant to Court Remand, Floor Standing Metal Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, Slip Op. 14-44 (CIT April 15, 2014), dated July 8, 2014 (Third Redetermination), available at http://enforcement.trade.gov/remands/index.htm. \2\ See Floor-Standing Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 76 FR 15297 (March 21, 2011), and accompanying Issues and Decision Memorandum, as amended by Floor-Standing Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Review, 76 FR 23543 (April 27, 2011) (collectively, Amended Final Results). --------------------------------------------------------------------------- DATES: Effective Date: January 9, 2015. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4475 or (202) 482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On April 27, 2011, the Department published its Amended Final Results.\3\ On April 28, 2011, Foshan Shunde and Since Hardware, exporters of the subject merchandise, timely filed complaints with the Court to challenge certain aspects of the Amended Final Results. The litigation history of this procedure is outlined below. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- On August 14, 2012, the Court remanded the matter.\4\ On December 17, 2012, the Department issued its First Redetermination, in which it (1) reconsidered the public availability of the financial statements used in the Final Results, (2) explained why the Department selected the 2006-2007 financial statements of Infiniti Modules (Infiniti) and declined to use the 2008-2009 financial statements of either Omax Autos (Omax) or Maximaa Systems Limited (Maximaa), (3) defended the Department's brokerage and handling calculation and responded to the objections raised to that calculation by Foshan Shunde, (4) recalculated labor wage rates to conform with the Court's decision in Home Products International,\5\ and (5) recalculated the cotton conversion factor used in the antidumping calculation for Since Hardware.\6\ --------------------------------------------------------------------------- \4\ Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11-00106 (August 14, 2012) (Since Hardware I). \5\ See Home Products International Inc. v. United States, Court No. 11-00104, Final Results of Redetermination (March 14, 2012) (Home Products International). \6\ See Final Results of Redetermination Pursuant to Court Remand Floor Standing Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, dated December 17, 2012 (First Redetermination). --------------------------------------------------------------------------- Upon consideration of the First Redetermination, on May 30, 2013, the Court affirmed our (1) calculation of Since Hardware's cotton conversion factor, (2) recalculation of labor expense, (3) decision to reject the financial statements of Omax as a source of financial ratios, and (4) use of World Bank data to derive brokerage and handling expenses.\7\ The Court also remanded the case to the Department to reconsider: (1) Using financial statements from Maximaa in light of the fact that Infiniti's statements are non-contemporaneous and present public availability concerns, (2) the respondent's claim that World Bank data unfairly represent brokerage and handling costs, (3) respondent's evidence related to port and terminal handling costs based on container size.\8\ --------------------------------------------------------------------------- \7\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, Slip Op. 13-69 (May 30, 2013) (Since Hardware II). \8\ Id. --------------------------------------------------------------------------- On August 14, 2013, the Department issued its Second Redetermination, in which it further explained its basis for selecting the financial statements of Infiniti over those of Maximaa, (2) recalculated the portion of Foshan Shunde's brokerage and handling expense related to the container size adjustment, and (3) reconsidered Foshan Shunde's objections regarding the difference between inland and seaport cities and determined that no adjustment to that calculation is warranted.\9\ --------------------------------------------------------------------------- \9\ See Final Results of Redetermination Pursuant to Court Remand Floor Standing Metal Ironing Tables and Certain Parts Thereof from the People's Republic of China, Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, dated August 14, 2013 (Second Redetermination). --------------------------------------------------------------------------- On April 15, 2014, the Court affirmed the Department's financial statement selection.\10\ However, the Court remanded for further consideration aspects of the Department's brokerage and handling calculation, and asked for the Department to address zeroing in a nonmarket economy context.\11\ --------------------------------------------------------------------------- \10\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, Slip Op. 14-44 (April 15, 2014) (Since Hardware III). \11\ Id. --------------------------------------------------------------------------- On July 8, 2014, the Department filed its Third Redetermination, in which it recalculated the conversion factor for Foshan Shunde, and the labor expense rate for both Since Hardware and Foshan Shunde consistent with the instructions of the Court.\12\ Also, in the Third Redetermination, under protest, the Department recalculated the brokerage and handling expense for Foshan Shunde based upon the instructions set forth by the Court.\13\ On December 30, 2014, the Court sustained the Department's Third Redetermination, and entered final judgment.\14\ --------------------------------------------------------------------------- \12\ See generally Third Redetermination. \13\ Id. \14\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, Slip Op. 14-159 (December 30, 2014). --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the Federal Circuit has held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision not ``in harmony'' with a Department determination, and must suspend liquidation of entries pending a ``conclusive'' court decision. The Court's December 30, 2014, judgment sustaining the Third Redetermination constitutes a final decision of the Court that is not in harmony with the Department's Amended Final Results. This notice is published in fulfillment of the publication requirement of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Second Amended Final Results Because there is now a final court decision, the Department amends the Amended Final Results with respect to the dumping margin of Since Hardware and Foshan Shunde. The revised weighted-average dumping margin for Since Hardware and Foshan Shunde during the period August 1, 2008, through July 31, 2009, is as follows: ------------------------------------------------------------------------ Weighted average Exporter dumping margin (percent) ------------------------------------------------------------------------ Since Hardware (Guangzhou) Co., Ltd..................... 83.83 Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd.. 18.88 ------------------------------------------------------------------------ Because there have been no subsequent review for Since Hardware, the revised cash deposit rate for Since Hardware is now 83.33 percent. For Foshan Shunde, the cash deposit rate will remain the rate established in the 2010-2011 Final Results, a subsequent review, which is 157.68 percent.\15\ --------------------------------------------------------------------------- \15\ See Floor Standing Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review (2010-2011 Final Results). --------------------------------------------------------------------------- [[Page 36509]] In the event the Court's ruling is not appealed, or if appealed and upheld by the Federal Circuit, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of the subject merchandise exported by Since Hardware and Foshan Shunde using the revised assessment rate calculated by the Department in the Third Redetermination. Cash Deposit Requirements In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to collect a cash deposit of 83.33 percent for entries of subject merchandise exported by Since Hardware, effective January 9, 2015, in accordance with the Timken Notice. This notice is issued and published in accordance with sections 516(A)(e), 751(a)(1), and 777(i)(1) of the Act. Dated: June 18, 2015. Paul Piquado, Assistant Secretary for Enforcement & Compliance. [FR Doc. 2015-15630 Filed 6-24-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices 36507
4, 2015. Rebuttal comments in response treaty that seeks to achieve an included in the request for OMB
to material submitted during the international ban on chemical weapons approval of this information collection;
foregoing period may be submitted (CW). The CWC prohibits, the use, they also will become a matter of public
during the subsequent 15-day period to development, production, acquisition, record.
August 19, 2015. stockpiling, retention, and direct or
A copy of the application will be indirect transfer of chemical weapons. Sheleen Dumas,
available for public inspection at the This collection implements the Departmental PRA Lead, Office of the Chief
Office of the Executive Secretary, following provision of the treaty: Information Officer.
Foreign-Trade Zones Board, Room Schedule 1 notification and report: [FR Doc. 2015–15542 Filed 6–24–15; 8:45 am]
21013, U.S. Department of Commerce, Under Part VI of the CWC Verification BILLING CODE 3510–33– P
1401 Constitution Avenue NW., Annex, the United States is required to
Washington, DC 20230–0002, and in the notify the Organization for the
‘‘Reading Room’’ section of the Board’s Prohibition of Chemical Weapons DEPARTMENT OF COMMERCE
Web site, which is accessible via (OPCW), the international organization
www.trade.gov/ftz. created to implement the CWC, at least International Trade Administration
FOR FURTHER INFORMATION CONTACT: 30 days before any transfer (export/
Camille Evans at Camille.Evans@ import) of Schedule 1 chemicals to [A–570–888]
trade.gov or (202) 482–2350. another State Party. The United States is
also required to submit annual reports Floor-Standing, Metal-Top Ironing
Dated: June 19, 2015.
to the OPCW on all transfers of Tables and Certain Parts Thereof From
Elizabeth Whiteman,
Schedule 1 Chemicals. the People’s Republic of China: Notice
Acting Executive Secretary. End-Use Certificates: Under Part VIII of Court Decision Not in Harmony With
[FR Doc. 2015–15635 Filed 6–24–15; 8:45 am] of the CWC Verification Annex, the Final Results and Notice of Amended
BILLING CODE 3510–DS–P United States is required to obtain End- Final Results of the Antidumping Duty
Use Certificates for transfers of Schedule Administrative Review; 2008–2009
3 chemicals to Non-States Parties to
DEPARTMENT OF COMMERCE ensure the transferred chemicals are AGENCY: Enforcement and Compliance,
only used for the purposes not International Trade Administration,
Bureau of Industry and Security
prohibited under the Convention. Department of Commerce.
Proposed Information Collection; II. Method of Collection SUMMARY: On December 30, 2014, the
Comment Request; Chemical Weapons United States Court of International
Submitted electronically or on paper.
Convention Provisions of the Export Trade (the Court) issued final judgment
Administration Regulations III. Data in Since Hardware (Guangzhou) Co.,
OMB Control Number: 0694–0117. Ltd. v. United States, Court No. 11–
AGENCY: Bureau of Industry and
Form Number(s): Not applicable. 00106, sustaining the Department of
Security, Commerce.
Type of Review: Regular submission Commerce’s (the Department) final
ACTION: Notice.
extension. results of the third redetermination
SUMMARY: The Department of Affected Public: Business or other for- pursuant to remand.1 Consistent with
Commerce, as part of its continuing profit organizations. the decision of the United States Court
effort to reduce paperwork and Estimated Number of Respondents: of Appeals for the Federal Circuit
respondent burden, invites the general 70. (Federal Circuit) in Timken Co., v.
public and other Federal agencies to Estimated Time per Response: 36 United States, 893 F.2d 337 (Fed. Cir.
take this opportunity to comment on minutes. 1990) (Timken), as clarified by Diamond
proposed and/or continuing information Estimated Total Annual Burden Sawblades Mfrs. Coalition v. United
collections, as required by the Hours: 42 hours. States, 626 F.3d 1374 (Fed. Cir. 2010)
Paperwork Reduction Act of 1995. Estimated Total Annual Cost to (Diamond Sawblades), the Department
DATES: Written comments must be Public: $0. is notifying the public that the final
submitted on or before August 24, 2015. judgment in this case is not in harmony
IV. Request for Comments
with the Department’s final results of
ADDRESSES: Direct all written comments
Comments are invited on: (a) Whether the antidumping duty administrative
to Jennifer Jessup, Departmental the proposed collection of information
Paperwork Clearance Officer, review of floor-standing, metal top
is necessary for the proper performance ironing tables and certain parts thereof
Department of Commerce, Room 6616, of the functions of the agency, including
14th and Constitution Avenue NW., from the People’s Republic of China
whether the information shall have covering the period August 1, 2008,
Washington, DC 20230 (or via the practical utility; (b) the accuracy of the
Internet at JJessup@doc.gov). through July 31, 2009, and is amending
agency’s estimate of the burden the final results with respect to the
FOR FURTHER INFORMATION CONTACT: (including hours and cost) of the weighted-average dumping margin
Requests for additional information or proposed collection of information; (c) assigned to both Since Hardware
copies of the information collection ways to enhance the quality, utility, and (Guangzhou) Co., Ltd. (Since Hardware)
instrument and instructions should be clarity of the information to be
asabaliauskas on DSK5VPTVN1PROD with NOTICES
and Foshan Shunde Yongjian
directed to Mark Crace, BIS ICB Liaison, collected; and (d) ways to minimize the
(202) 482–8093, Mark.Crace@ burden of the collection of information 1 See Final Results of Redetermination Pursuant
bis.doc.gov. on respondents, including through the to Court Remand, Floor Standing Metal Top Ironing
SUPPLEMENTARY INFORMATION: use of automated collection techniques Tables and Certain Parts Thereof from the People’s
or other forms of information Republic of China, Since Hardware (Guangzhou)
I. Abstract technology. Co., Ltd. v. United States, Court No. 11–00106, Slip
Op. 14–44 (CIT April 15, 2014), dated July 8, 2014
The Chemical Weapons Convention Comments submitted in response to (Third Redetermination), available at http://
(CWC) is a multilateral arms control this notice will be summarized and/or enforcement.trade.gov/remands/index.htm.
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![Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices 36509
In the event the Court’s ruling is not Fishery regulations do not generally Agency: National Oceanic and
appealed, or if appealed and upheld by affect scientific research activities Atmospheric Administration (NOAA).
the Federal Circuit, the Department will conducted by a scientific research Title: Seafood Inspection and
instruct U.S. Customs and Border vessel. Persons planning to conduct Certification Requirements.
Protection (CBP) to assess antidumping such research are encouraged to submit OMB Control Number: 0648-0266.
duties on entries of the subject a scientific research plan to ensure that Form Number(s): NOAA Forms 89–
merchandise exported by Since the activities are considered research 800, 89–814, 89–819.
Hardware and Foshan Shunde using the and not fishing. The researchers are Type of Request: Regular (extension of
revised assessment rate calculated by requested to submit reports of their a currently approved information
the Department in the Third scientific research activity after its collection).
Redetermination. completion. Eligible researchers on Number of Respondents: 4,260.
board federally permitted fishing vessels Average Hours per Response: Contract
Cash Deposit Requirements Request, 15 minutes; label approval, 15
that plan to temporarily possess fish in
In accordance with section a manner not compliant with applicable minutes; Inspection Request, 30
735(c)(1)(B) of the Act, the Department fishing regulations for the purpose of minutes.
will instruct CBP to collect a cash collecting scientific data on catch may Burden Hours: 19,768.
deposit of 83.33 percent for entries of Needs and Uses: This request is for
submit a request for a temporary
subject merchandise exported by Since extension of a currently approved
possession letter of authorization. The
Hardware, effective January 9, 2015, in information collection.
researchers are requested to submit
accordance with the Timken Notice. The National Marine Fisheries Service
reports of their scientific research
This notice is issued and published in (NMFS) operates a voluntary fee-for-
activity after its completion. The
accordance with sections 516(A)(e), service seafood inspection program
National Marine Fisheries Service
751(a)(1), and 777(i)(1) of the Act. (Program) under the authorities of the
(NMFS) may also grant exemptions from
Agricultural Marketing Act of 1946, as
Dated: June 18, 2015. fishery regulations for educational or
amended, the Fish and Wildlife Act of
Paul Piquado, other activities (e.g., using non-
1956, and the Reorganization Plan No.
Assistant Secretary for Enforcement & regulation gear). The applications for
4 of 1970. The regulations for the
Compliance. these exemptions must be submitted, as
Program are contained in 50 CFR part
well as reports on activities.
[FR Doc. 2015–15630 Filed 6–24–15; 8:45 am] 260. The program offers inspection
BILLING CODE 3510–DS–P
Affected Public: Business or other for- grading and certification services,
profit; individuals or households; not including the use of official quality
for profit organizations; state, local or grade marks which indicate that specific
DEPARTMENT OF COMMERCE tribal governments. products have been Federally inspected.
Frequency: Annually, on occasion and Those wishing to participate in the
National Oceanic and Atmospheric as required by permits. program must request the services and
Administration Respondent’s Obligation: Mandatory. submit specific compliance information.
This information collection request In July 1992, NMFS announced new
Submission for OMB Review; may be viewed at reginfo.gov. Follow
Comment Request inspection services, which were fully
the instructions to view Department of based on guidelines recommended by
The Department of Commerce will Commerce collections currently under the National Academy of Sciences,
submit to the Office of Management and review by OMB. known as Hazard Analysis Critical
Budget (OMB) for clearance the Written comments and Control Point (HACCP). The information
following proposal for collection of recommendations for the proposed collection requirements fall under
information under the provisions of the information collection should be sent § 260.15 of the regulations. These
Paperwork Reduction Act (44 U.S.C. within 30 days of publication of this guidelines required that a facility’s
Chapter 35). notice to OIRA_Submission@ quality control system have a written
Agency: National Oceanic and omb.eop.gov or fax to (202) 395–5806. plan of the operation, identification of
Atmospheric Administration (NOAA). Dated: June 19, 2015. control points with acceptance criteria
Title: Scientific Research, Exempted Sarah Brabson, and a corrective action plan, as well as
Fishing, and Exempted Educational identified personnel responsible for
NOAA PRA Clearance Officer.
Activity Submissions. oversight of the system.
OMB Control Number: 0648–0309. [FR Doc. 2015–15583 Filed 6–24–15; 8:45 am]
Affected Public: Business or other for-
Form Number(s): None. BILLING CODE 3510–22–P profit organizations; not-for-profit
Type of Request: Regular (extension of institutions; state, local, or tribal
a currently approved information government.
collection). DEPARTMENT OF COMMERCE Frequency: On occasion.
Number of Respondents: 143. Respondent’s Obligation: Required to
National Oceanic and Atmospheric
Average Hours per Response: obtain or retain benefits.
Administration
Scientific research plans, 9 hours; This information collection request
scientific research reports, 4 hours; Submission for OMB Review; may be viewed at reginfo.gov. Follow
exempted fishing permit requests; 89 the instructions to view Department of
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Comment Request
hours, exempted fishing permit reports, Commerce collections currently under
15 hours; exempted educational The Department of Commerce will review by OMB.
requests, 4 hours; exempted educational submit to the Office of Management and Written comments and
reports, 2 hours. Budget (OMB) for clearance the recommendations for the proposed
Burden Hours: 7,753. following proposal for collection of information collection should be sent
Needs and Uses: This request is for information under the provisions of the within 30 days of publication of this
extension of a current information Paperwork Reduction Act (44 U.S.C. notice to OIRA_Submission@
collection. Chapter 35). omb.eop.gov or fax to (202) 395–5806.
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Document Created: 2015-12-15 14:17:09
Document Modified: 2015-12-15 14:17:09
| 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 | |
| Contact | Michael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4475 or (202) 482-0649, respectively. | |
| FR Citation | 80 FR 36507 |
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