80 FR 42086 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Second Amended Final Results of Administrative Review Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 136 (July 16, 2015)
International Trade Administration
Federal Register Volume 80, Issue 136 (July 16, 2015)
| Page Range | 42086-42087 | |
| FR Document | 2015-17486 |
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)] [Notices] [Pages 42086-42087] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17486] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Second Amended Final Results of Administrative Review Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 16, 2015, the United States Court of International Trade (``CIT'') issued its final judgment vacating its decision in Peer Bearing Co.--Changshan v. United States, 853 F. Supp. 2d 1365 (CIT 2013) (``CPZ II''), and re-instating the Department of Commerce's (the ``Department'') first redetermination issued on remand (``First Remand Redetermination'') \1\ with respect to the Department's final results of the 2006-2007 antidumping duty administrative review of tapered roller bearings and parts thereof, finished and unfinished from the People's Republic of China.\2\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') 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 amended final results of review \3\ and is amending the Amended Final Results of review with respect to the margin determined for Peer Bearing Company--Changshan (``CPZ''), an exporter and producer of subject merchandise. --------------------------------------------------------------------------- \1\ On May 23, 2011, the Department issued its Draft Results of Redetermination Pursuant to Court Remand, and on July 1, 2011, it issued its Final Results of Redetermination Pursuant to Remand (July 1, 2011). \2\ See Peer Bearing Co.--Changshan v. United States, Court No. 09-00052, Slip Op. 15-61 (CIT 2015) (``CIT's Final Order''). \3\ See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 74 FR 3987 (January 22, 2009) (``Final Results''), as amended, Tapered Roller Bearings from the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review, 78 FR 58996 (September 25, 2013) (``Amended Final Results''). --------------------------------------------------------------------------- DATES: Effective Date: June 26, 2015. FOR FURTHER INFORMATION CONTACT: Brendan Quinn, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5848. SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final Results, CPZ filed a complaint with the CIT challenging the methodology used to determine its margin in the Final Results. On January 28, 2011, the CIT issued a remand order to the Department, instructing it, among other things, to: (1) Redetermine the margin for CPZ based on redetermined U.S. prices of CPZ's subject merchandise that are calculated according to a method that complies with law; and (2) review, reconsider, and redetermine the surrogate values for alloy steel wire rod, alloy steel bar, and scrap from the production of cages.\4\ On July 1, 2011, the Department issued its First Remand Redetermination. On August 2, 2012, the CIT issued its decision in CPZ II,\5\ setting aside the Department's First Remand Redetermination as contrary to law; and instructing it to prepare a second remand redetermination to: (1) Determine the U.S. prices for CPZ's subject merchandise according to a lawful method and in accordance with the CIT's current and prior opinion and orders in this case; and, (2) review, reconsider, and redetermine the surrogate values for alloy steel wire rod, alloy steel bar, and scrap from the production of cages in accordance with the CIT's prior opinion and order in this case. The Department issued its draft remand results on September 7, 2012, and its Final Results of Redetermination Pursuant to Court Remand on October 2, 2012 (``Second Remand Redetermination''). On August 30, 2013, the CIT sustained the Department's Second Remand Redetermination (``CPZ III'').\6\ The Department accordingly amended its Final Results effective September 9, 2013.\7\ --------------------------------------------------------------------------- \4\ See Peer Bearing Co.--Changshan v. United States, 752 F. Supp. 2d 1353 (CIT 2011) (``CPZ I''). \5\ See CPZ II. \6\ Peer Bearing Co.--Changshan v. United States, Court No. 09- 00052, Slip. Op. 13-116 (CIT 2013) (``CPZ III'') \7\ See Amended Final Results. --------------------------------------------------------------------------- The Timken Company (``Timken''), an intervening domestic bearing producer, and petitioner in the underlying investigation, appealed the CIT's decision to the CAFC. On September 12, 2014, the CAFC ruled that the Department's application of adverse facts available in its First Remand Redetermination was supported by substantial evidence.\8\ As a consequence, it vacated the CIT's decision in CPZ III and ruled that on remand, the CIT should reinstate the Department's application of adverse facts available and its calculation of CPZ's margin in its First Remand Redetermination.\9\ As noted above, on June 15, 2015, the CIT issued its final judgment vacating its decision in CPZ II and re- instating the Department's First Remand Redetermination.\10\ --------------------------------------------------------------------------- \8\ See Peer Bearing Co.--Changshan v. United States, 766 F.3d 1396, 1401 (CAFC 2014). \9\ Id., at 1401. \10\ See CIT's Final Order. --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (``the Act''), the Department [[Page 42087]] must publish a notice of a 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 June 16, 2015, judgment in this case constitutes a final decision of that court that is not in harmony with the Department's Amended Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision with respect to this case, the Department is amending the Amended Final Results with respect to CPZ's weighted-average dumping margin, effective June 26, 2015. The revised dumping margin is as follows: ------------------------------------------------------------------------ Percent Exporter margin ------------------------------------------------------------------------ Peer Bearing Company Changshan (``CPZ'')..................... 60.95 ------------------------------------------------------------------------ In the event the CIT's ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to liquidate entries of subject merchandise based on the revised assessment rates calculated by the Department. Cash Deposit Requirements Since the Final Results, in September 2008, CPZ was acquired by AB SKF, and the Department determined via a successor-in-interest analysis that the post-acquisition, SKF-owned entity, Changshan Peer Bearing was not the successor in interest of CPZ.\11\ As a consequence, CPZ no longer exists, and its cash deposit rate does not need to be updated as a result of these second amended final results. --------------------------------------------------------------------------- \11\ See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review, 76 FR 3086 (January 19, 2011). --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: July 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-17486 Filed 7-15-15; 8:45 am] BILLING CODE
![42086 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices
number five minutes prior to the start of and re-instating the Department of scrap from the production of cages.4 On
the conference call and provide the Commerce’s (the ‘‘Department’’) first July 1, 2011, the Department issued its
confirmation number. The phone redetermination issued on remand First Remand Redetermination. On
number is: 1–877–691–2551 (U.S. Toll (‘‘First Remand Redetermination’’) 1 August 2, 2012, the CIT issued its
Free), or 1–630–691–2747 (U.S. Toll), with respect to the Department’s final decision in CPZ II,5 setting aside the
with confirmation number: 40238148. results of the 2006–2007 antidumping Department’s First Remand
The CSB is an independent federal duty administrative review of tapered Redetermination as contrary to law; and
agency charged with investigating roller bearings and parts thereof, instructing it to prepare a second
accidents and hazards that result, or finished and unfinished from the remand redetermination to: (1)
may result, in the catastrophic release of People’s Republic of China.2 Consistent Determine the U.S. prices for CPZ’s
extremely hazardous substances. The with the decision of the United States subject merchandise according to a
agency’s Board Members are appointed Court of Appeals for the Federal Circuit lawful method and in accordance with
by the President and confirmed by the (‘‘CAFC’’) in Timken Co. v. United the CIT’s current and prior opinion and
Senate. CSB investigations look into all States, 893 F.2d 337 (Fed. Cir. 1990) orders in this case; and, (2) review,
aspects of chemical accidents and (‘‘Timken’’), as clarified by Diamond reconsider, and redetermine the
hazards, including physical causes such Sawblades Mfrs. Coalition v. United surrogate values for alloy steel wire rod,
as equipment failure as well as States, 626 F.3d 1374 (Fed. Cir. 2010) alloy steel bar, and scrap from the
inadequacies in regulations, industry (‘‘Diamond Sawblades’’), the production of cages in accordance with
standards, and safety management Department is notifying the public that the CIT’s prior opinion and order in this
systems. the final judgment in this case is not in case. The Department issued its draft
harmony with the Department’s remand results on September 7, 2012,
Public Comment and its Final Results of Redetermination
amended final results of review 3 and is
The time provided for public amending the Amended Final Results of Pursuant to Court Remand on October 2,
statements will depend upon the review with respect to the margin 2012 (‘‘Second Remand
number of people who wish to speak. determined for Peer Bearing Company— Redetermination’’). On August 30, 2013,
Speakers should assume that their Changshan (‘‘CPZ’’), an exporter and the CIT sustained the Department’s
presentations will be limited to five producer of subject merchandise. Second Remand Redetermination (‘‘CPZ
minutes or less, but commenters may DATES: Effective Date: June 26, 2015. III’’).6 The Department accordingly
submit written statements for the amended its Final Results effective
FOR FURTHER INFORMATION CONTACT:
record. September 9, 2013.7
Brendan Quinn, Office III, Enforcement The Timken Company (‘‘Timken’’), an
Contact Person for Further Information and Compliance, International Trade intervening domestic bearing producer,
Hillary J. Cohen, Communications Administration, U.S. Department of and petitioner in the underlying
Manager, hillary.cohen@csb.gov or (202) Commerce, 14th Street and Constitution investigation, appealed the CIT’s
446–8094. Further information about Avenue NW., Washington, DC 20230; decision to the CAFC. On September 12,
this public meeting can be found on the telephone: (202) 482–5848. 2014, the CAFC ruled that the
CSB Web site at: www.csb.gov. SUPPLEMENTARY INFORMATION: Department’s application of adverse
Subsequent to the publication of the facts available in its First Remand
Dated: July 13, 2015.
Final Results, CPZ filed a complaint Redetermination was supported by
Rick Engler,
with the CIT challenging the substantial evidence.8 As a
Board Member. methodology used to determine its consequence, it vacated the CIT’s
[FR Doc. 2015–17581 Filed 7–14–15; 4:15 pm] margin in the Final Results. decision in CPZ III and ruled that on
BILLING CODE 6350–01–P On January 28, 2011, the CIT issued remand, the CIT should reinstate the
a remand order to the Department, Department’s application of adverse
instructing it, among other things, to: (1) facts available and its calculation of
DEPARTMENT OF COMMERCE Redetermine the margin for CPZ based CPZ’s margin in its First Remand
on redetermined U.S. prices of CPZ’s Redetermination.9 As noted above, on
International Trade Administration subject merchandise that are calculated June 15, 2015, the CIT issued its final
[A–570–601] according to a method that complies judgment vacating its decision in CPZ II
with law; and (2) review, reconsider, and re-instating the Department’s First
Tapered Roller Bearings and Parts and redetermine the surrogate values for Remand Redetermination.10
Thereof, Finished and Unfinished, alloy steel wire rod, alloy steel bar, and
From the People’s Republic of China: Timken Notice
Notice of Court Decision Not in 1 On
May 23, 2011, the Department issued its In its decision in Timken, 893 F.2d at
Harmony With Final Results of Draft Results of Redetermination Pursuant to Court 341, as clarified by Diamond Sawblades,
Remand, and on July 1, 2011, it issued its Final
Administrative Review and Notice of Results of Redetermination Pursuant to Remand the CAFC held that, pursuant to section
Second Amended Final Results of (July 1, 2011). 516A(e) of the Tariff Act of 1930, as
Administrative Review Pursuant to 2 See Peer Bearing Co.—Changshan v. United amended (‘‘the Act’’), the Department
Court Decision States, Court No. 09–00052, Slip Op. 15–61 (CIT
2015) (‘‘CIT’s Final Order’’). 4 See Peer Bearing Co.—Changshan v. United
AGENCY: Enforcement and Compliance, 3 See Tapered Roller Bearings and Parts Thereof,
States, 752 F. Supp. 2d 1353 (CIT 2011) (‘‘CPZ I’’).
International Trade Administration, Finished and Unfinished, From the People’s 5 See CPZ II.
Republic of China: Final Results of Antidumping
tkelley on DSK3SPTVN1PROD with NOTICES
Department of Commerce. Duty Administrative Review, 74 FR 3987 (January
6 Peer Bearing Co.—Changshan v. United States,
SUMMARY: On June 16, 2015, the United Court No. 09–00052, Slip. Op. 13–116 (CIT 2013)
22, 2009) (‘‘Final Results’’), as amended, Tapered
(‘‘CPZ III’’)
States Court of International Trade Roller Bearings from the People’s Republic of 7 See Amended Final Results.
(‘‘CIT’’) issued its final judgment China: Notice of Court Decision Not in Harmony
8 See Peer Bearing Co.—Changshan v. United
With Final Results of Administrative Review and
vacating its decision in Peer Bearing Notice of Amended Final Results of Administrative States, 766 F.3d 1396, 1401 (CAFC 2014).
Co.—Changshan v. United States, 853 F. Review, 78 FR 58996 (September 25, 2013) 9 Id., at 1401.
Supp. 2d 1365 (CIT 2013) (‘‘CPZ II’’), (‘‘Amended Final Results’’). 10 See CIT’s Final Order.
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![Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices 42087
must publish a notice of a court DEPARTMENT OF COMMERCE the Webinar ID: 110–773–275. Your
decision that is not ‘‘in harmony’’ with name and email address are required.
a Department determination and must National Oceanic and Atmospheric To join the audio, participants can use
suspend liquidation of entries pending Administration their computer’s microphone and
a ‘‘conclusive’’ court decision. The CIT’s RIN 0648–XE038 speakers (VoIP) or use their telephone:
June 16, 2015, judgment in this case Toll: +1 (415) 655–0059; Attendee
constitutes a final decision of that court Pacific Fishery Management Council; Access Code: 227–478–994. The Audio
that is not in harmony with the Public Meetings and Hearings Pin will be shown after joining the
Department’s Amended Final Results. webinar.
AGENCY: National Marine Fisheries System Requirements for
This notice is published in fulfillment Service (NMFS), National Oceanic and participation: For PC-based attendees
of the publication requirements of Atmospheric Administration (NOAA), the system requires Windows® 7, Vista,
Timken. Commerce. or XP; for Mac®-based attendees the
Amended Final Results ACTION: Notice of a public work session. system requires Mac OS® X 10.5 or
newer; for Mobile attendees the system
Because there is now a final court SUMMARY: NMFS has reinitiated
requires iPhone®, iPad®, AndroidTM
decision with respect to this case, the consultation under the Endangered
phone or Android tablet.
Department is amending the Amended Species Act (ESA) on the effects to b. How can I get a copy of the webinar
Final Results with respect to CPZ’s listed Pacific salmon species from materials? The Webinar will be based
implementation of the Pacific Coast on documents that are available online
weighted-average dumping margin,
Groundfish Fishery Management Plan. in the Council’s June 2015 briefing book
effective June 26, 2015. The revised
NMFS announces a public work session under agenda item D.3. The relevant
dumping margin is as follows:
for interested stakeholders to provide briefing book materials include:
input relative to managing the impacts • NMFS report 1 on to salmon
Percent
Exporter to salmon from the groundfish fisheries.
margin bycatch in the groundfish fishery
NMFS is seeking information on the • NMFS report 2, the 2006
Peer Bearing Company amount and distribution of salmon supplemental biological opinion,
Changshan (‘‘CPZ’’) .................. 60.95 bycatch, salmon bycatch management in • NMFS supplemental powerpoint
the different sectors of the groundfish The Council’s June 2015 briefing book
In the event the CIT’s ruling is not fishery, and whether stakeholders document is available on line at
appealed or, if appealed, upheld by the anticipate changes in fishing strategies www.pcouncil.org/resources/archives/
CAFC, the Department will instruct U.S. or target species over the next few years briefing-books/june-2015-briefing-book/
Customs and Border Protection to that could alter the amount and #gfJun2015.
distribution of salmon bycatch. NMFS c. What if I cannot attend this
liquidate entries of subject merchandise
and the Pacific Fishery Management Webinar? A video presentation will be
based on the revised assessment rates
Council (Council) will consider the available online at
calculated by the Department.
information discussed at the work www.westcoast.fisheries.noaa.gov/
Cash Deposit Requirements session in developing and evaluating fisheries/groundfish/index.html.
the proposed action for the ESA Interested persons are welcome to watch
Since the Final Results, in September consultation. the online video presentation and
2008, CPZ was acquired by AB SKF, and submit written comments by email to
DATES: The work session will be held as
the Department determined via a a Webinar on Wednesday July 29, 2015 GroundfishBO2015.wcr@noaa.gov by
successor-in-interest analysis that the from 9 a.m. to 2 p.m. Pacific Daylight noon August 7, 2015.
post-acquisition, SKF-owned entity, Time, or until business for the day has Background
Changshan Peer Bearing was not the been completed. Written comments will
successor in interest of CPZ.11 As a The groundfish fishery is a year-
also be accepted via email. To be
consequence, CPZ no longer exists, and round, multi-species fishery occurring
considered in the work session report to
its cash deposit rate does not need to be off the coasts of Washington, Oregon,
the Pacific Fishery Management Council
updated as a result of these second and California. Salmon are encountered
(Council), email comments must be
amended final results. as bycatch by vessels fishing for
received no later than noon August 7,
groundfish. NMFS is in the process of
2015.
Notification to Interested Parties evaluating the groundfish fishery’s
ADDRESSES: Written comments may be interaction with salmon, including ESA-
This notice is issued and published in submitted via email to listed salmon. The purpose of the
accordance with sections 516A(e), GroundfishBO2015.wcr@noaa.gov. Webinar is to engage with stakeholders
751(a)(1), and 777(i)(1) of the Act. FOR FURTHER INFORMATION CONTACT: and management entities on information
Dated: July 9, 2015. Persons who wish to receive further relative to managing impacts to salmon
Paul Piquado, information about the work session or from the groundfish fisheries.
have questions about this notice should On January 22, 2013, the NMFS West
Assistant Secretary for Enforcement and Coast Region’s Sustainable Fisheries
contact Kevin Duffy at kevin.duffy@
Compliance.
noaa.gov or Becky Renko at Division requested reinitiation of ESA
[FR Doc. 2015–17486 Filed 7–15–15; 8:45 am]
becky.renko@noaa.gov. section 7 consultation addressing the
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE
SUPPLEMENTARY INFORMATION: groundfish fishery’s effects on ESA-
listed salmon. The request was based on
General the evolution of the shorebased trawl
11 SeeTapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s a. How may I participate in this fishery under the trawl rationalization
Republic of China: Final Results of the 2008–2009 webinar? To join the Webinar visit this framework, and new estimates of
Antidumping Duty Administrative Review, 76 FR Internet link: www.gotomeeting.com/ Chinook and coho salmon catch in the
3086 (January 19, 2011). online/webinar/join-webinar and enter nearshore fixed gear fisheries (open
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Document Created: 2015-12-15 13:13:31
Document Modified: 2015-12-15 13:13:31
| 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 | Brendan Quinn, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5848. | |
| FR Citation | 80 FR 42086 |
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