80_FR_55773 80 FR 55594 - Export Trade Certificate of Review

80 FR 55594 - Export Trade Certificate of Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range55594-55595
FR Document2015-23223

The Office of Trade and Economic Analysis (``OTEA'') of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (``Certificate''). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued.

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015) 
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55594-55595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23223]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 99-10A005]


Export Trade Certificate of Review

ACTION: Notice of Application to Amend the Export Trade Certificate of 
Review Issued to California Almond Export Association, LLC (``CAEA''), 
Application No. (99-10A005).

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SUMMARY: The Office of Trade and Economic Analysis (``OTEA'') of the 
International Trade Administration, Department of Commerce, has 
received an application to amend an Export Trade Certificate of Review 
(``Certificate''). This notice summarizes the proposed amendment and 
requests comments relevant to whether the amended Certificate should be 
issued.

FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of 
Trade and Economic Analysis, International Trade Administration, (202) 
482-5131 (this is not a toll-free number) or email at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 4001-21) (``the Act'') authorizes the 
Secretary of Commerce to issue Export Trade Certificates of Review. An 
Export Trade Certificate of Review protects the holder and the members 
identified in the Certificate from State and Federal government 
antitrust actions and from private treble damage antitrust actions for 
the export conduct specified in the Certificate and carried out in 
compliance with its terms and conditions. The regulations implementing 
Title III are found at 15 CFR part 325 (2015). Section 302(b)(1) of the 
Export Trade Company Act of 1982 and 15 CFR 325.6(a) require the 
Secretary to publish a notice in the Federal Register identifying the 
applicant and summarizing its application. Under 15 CFR 325.6(a), 
interested parties may, within twenty days after the date of this 
notice, submit written comments to the Secretary on the application.

Request for Public Comments

    Interested parties may submit written comments relevant to the 
determination whether an amended Certificate should be issued. If the 
comments include any privileged or confidential business information, 
it must be clearly marked and a nonconfidential version of the comments 
(identified as such) should be included. Any comments not marked as 
privileged or confidential business information will be deemed to be 
nonconfidential.
    An original and five (5) copies, plus two (2) copies of the 
nonconfidential version, should be submitted no later than 20 days 
after the date of this notice to: Export Trading Company Affairs, 
International Trade Administration, U.S. Department of Commerce, Room 
21028, Washington, DC 20230.
    Information submitted by any person is exempt from disclosure under 
the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential 
versions of the comments will be made available to the applicant if 
necessary for determining whether or not to issue the

[[Page 55595]]

amended Certificate. Comments should refer to this application as 
``Export Trade Certificate of Review, application number 99-10A005.''

Summary of the Application

    Applicant: California Almond Export Association, LLC (``CAEA''), 
4800 Sisk Road, Modesto, CA 95356.
    Contact: Bill Morecraft, Chairman, Telephone: (916) 446-8537.
    Application No.: 99-10A005.
    Date Deemed Submitted: August 31, 2015.
    Proposed Amendment: CAEA seeks to amend its Certificate to add the 
following company as a Member of CAEA's Certificate: California Gold 
Almonds, Modesto, CA.
    CAEA's proposed amendment of its Export Trade Certificate of Review 
would result in the following companies as Members under the 
Certificate:

Almonds California Pride, Inc., Caruthers, CA
Baldwin-Minkler Farms, Orland, CA
Blue Diamond Growers, Sacramento, CA
California Gold Almonds, Modesto, CA
Campos Brothers, Caruthers, CA
Chico Nut Company, Chico, CA
Del Rio Nut Company, Inc., Livingston, CA
Fair Trade Corner, Inc., Chico, CA
Fisher Nut Company, Modesto, CA
Hilltop Ranch, Inc., Ballico, CA
Hughson Nut, Inc., Hughson, CA
Mariani Nut Company, Winters, CA
Nutco, LLC d.b.a. Spycher Brothers, Turlock, CA
Paramount Farms, Inc., Los Angeles, CA
P-R Farms, Inc., Clovis, CA
Roche Brothers International Family Nut Co., Escalon, CA
RPAC Almonds, LLC, Los Banos, CA
South Valley Almond Company, LLC, Wasco, CA
Sunny Gem, LLC, Wasco, CA
Western Nut Company, Chico, CA

    Dated: September 10, 2015.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration.
[FR Doc. 2015-23223 Filed 9-15-15; 8:45 am]
 BILLING CODE 3510-DR-P

55594 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices were covered by the scope of the Orders, Asia Sourcing sustaining the an application to amend an Export because they did not contain any non- Department’s decision in the Remand Trade Certificate of Review aluminum extrusion components Redetermination finding that ASC’s (‘‘Certificate’’). This notice summarizes beyond fasteners.8 dock ladder kit models ASE, ASH, and the proposed amendment and requests In its Remand Order, the Court DJX3–W are excluded from the scope of comments relevant to whether the remanded the underlying scope ruling the Orders, constitutes a final decision amended Certificate should be issued. and directed the Department to ‘‘clarify of that court that is not in harmony with FOR FURTHER INFORMATION CONTACT: or reconsider, as appropriate, its the Department’s Final Scope Ruling. Joseph Flynn, Director, Office of Trade inclusion of the ASE, ASH, and DJX3– This notice is published in fulfillment and Economic Analysis, International W dock ladder kit models within the of the publication requirements of Trade Administration, (202) 482–5131 scope of the Orders . . .’’ 9 The Court Timken. Accordingly, the Department (this is not a toll-free number) or email also requested that the Department will continue the suspension of at etca@trade.gov. consider whether the exception to the liquidation of the ASE, ASH, and DJX3– SUPPLEMENTARY INFORMATION: Title III of ‘‘finished goods kit’’ exclusion in the W dock ladder kits at issue pending the Export Trading Company Act of scope is inapplicable because the non- expiration of the period of appeal or, if 1982 (15 U.S.C. Sections 4001–21) (‘‘the aluminum components of the kits at appealed, pending a final and Act’’) authorizes the Secretary of issue are not fasteners.10 conclusive court decision. Commerce to issue Export Trade In the Remand Redetermination, the Amended Final Determination Certificates of Review. An Export Trade Department reconsidered the record Because there is now a final court Certificate of Review protects the holder evidence provided by ASC and found decision with respect to the dock ladder and the members identified in the that certain components in the three kits at issue, the Department amends its Certificate from State and Federal dock ladder kits at issue (i.e., plastic Final Scope Ruling. The Department government antitrust actions and from coated cables included on one model finds that the scope of the Orders does private treble damage antitrust actions and plastic end caps included in all not cover the ASE, ASH, and DJX3–W for the export conduct specified in the three models) were not fasteners.11 dock ladder kits addressed in the Certificate and carried out in Because all three of the ladder kit underlying scope request filed by ASC. compliance with its terms and models under consideration include The Department will instruct U.S. conditions. The regulations non-aluminum extrusions components Customs and Border Protection (‘‘CBP’’) implementing Title III are found at 15 other than fasteners (i.e., plastic coated that the cash deposit rate will be zero CFR part 325 (2015). Section 302(b)(1) cables and/or plastic end caps), and the percent for Asia Sourcing’s ASE, ASH, of the Export Trade Company Act of Department had determined in the Final and DJX3–W dock ladder kits. In the 1982 and 15 CFR 325.6(a) require the Scope Ruling that these three kits event that the CIT’s ruling is not Secretary to publish a notice in the contained all the parts needed to fully appealed, or if appealed, upheld by the Federal Register identifying the assemble a finished good with no CAFC, the Department will instruct CBP applicant and summarizing its further fabrication,12 we concluded in to liquidate any unliquidated entries of application. Under 15 CFR 325.6(a), the Remand Redetermination that the ASC’s ASE, ASH, and DJX3–W dock interested parties may, within twenty three dock ladder kits at issue each ladder kits without regard to days after the date of this notice, submit qualify for the finished goods kits antidumping and/or countervailing written comments to the Secretary on exclusion provided by the scope and are duties, and to lift suspension of the application. not subject to the scope of the Orders.13 liquidation of such entries. Request for Public Comments Timken Notice This notice is issued and published in In its decision in Timken 14 as accordance with section 516A(c)(1) of Interested parties may submit written clarified by Diamond Sawblades, the the Act. comments relevant to the determination CAFC has held that, pursuant to whether an amended Certificate should Dated: September 8, 2015. sections 516A(c) and (e) of the Tariff Act be issued. If the comments include any Paul Piquado, privileged or confidential business of 1930, as amended (the ‘‘Act’’), the Assistant Secretary for Enforcement and Department must publish a notice of a information, it must be clearly marked Compliance. and a nonconfidential version of the court decision that is not ‘‘in harmony’’ [FR Doc. 2015–23052 Filed 9–15–15; 8:45 am] with a Department determination and comments (identified as such) should be must suspend liquidation of entries BILLING CODE 3510–DS–P included. Any comments not marked as pending a ‘‘conclusive’’ court decision. privileged or confidential business The CIT’s August 27, 2015, judgment in information will be deemed to be DEPARTMENT OF COMMERCE nonconfidential. unassembled in a ‘‘finished goods kit.’’ A finished International Trade Administration An original and five (5) copies, plus goods kit is understood to mean a packaged two (2) copies of the nonconfidential combination of parts that contains, at the time of [Application No. 99–10A005] version, should be submitted no later importation, all of the necessary parts to fully than 20 days after the date of this notice assemble a final finished good and requires no Export Trade Certificate of Review to: Export Trading Company Affairs, further finishing or fabrication, such as cutting or punching, and is assembled ‘‘as is’’ into a finished ACTION: Notice of Application to Amend International Trade Administration, U.S. Department of Commerce, Room asabaliauskas on DSK7TPTVN1PROD with NOTICES product. the Export Trade Certificate of Review See, e.g., Antidumping Duty Order, 76 FR at Issued to California Almond Export 21028, Washington, DC 20230. 30651. Information submitted by any person 8 See Final Scope Ruling at 8. Association, LLC (‘‘CAEA’’), 9 See Remand Order at 5. Application No. (99–10A005). is exempt from disclosure under the 10 Id. Freedom of Information Act (5 U.S.C. 11 See Remand Redetermination at 7–11. SUMMARY: The Office of Trade and 552). However, nonconfidential versions 12 See Final Scope Ruling at 8. Economic Analysis (‘‘OTEA’’) of the of the comments will be made available 13 See Remand Redetermination at 11–12. International Trade Administration, to the applicant if necessary for 14 See Timken, 893 F.2d at 341. Department of Commerce, has received determining whether or not to issue the VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1

Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55595 amended Certificate. Comments should SUMMARY: On March 9, 2015, the addition, a complete version of the refer to this application as ‘‘Export Department of Commerce (the Issues and Decision Memorandum can Trade Certificate of Review, application Department) published the preliminary be accessed directly at http:// number 99–10A005.’’ results of the administrative review of enforcement.trade.gov/frn/index.html. the antidumping duty (AD) order on The signed Issues and Decision Summary of the Application large residential washers (LRWs) from Memorandum and the electronic Applicant: California Almond Export the Republic of Korea (Korea).1 The version of the Issues and Decision Association, LLC (‘‘CAEA’’), 4800 Sisk review covers three producers/exporters Memorandum are identical in content. Road, Modesto, CA 95356. of the subject merchandise: Daewoo The Department conducted this Contact: Bill Morecraft, Chairman, Electronics Corporation (Daewoo), LG administrative review in accordance Telephone: (916) 446–8537. Electronics, Inc. (LGE), and Samsung with section 751 of the Tariff Act of Application No.: 99–10A005. Electronics Co., Ltd. (Samsung). The 1930, as amended (the Act). Date Deemed Submitted: August 31, period of review (POR) is August 3, 2015. Scope of the Order 2012, through January 31, 2014. We Proposed Amendment: CAEA seeks to gave interested parties an opportunity to The products covered by the order are amend its Certificate to add the comment on the Preliminary Results. all large residential washers and certain following company as a Member of After reviewing the comments received subassemblies thereof from Korea. The CAEA’s Certificate: California Gold and making corrections to the margin products are currently classifiable under Almonds, Modesto, CA. calculations, where appropriate, we subheadings 8450.20.0040 and CAEA’s proposed amendment of its continue to find that sales of subject 8450.20.0080 of the Harmonized Tariff Export Trade Certificate of Review merchandise to the United States have System of the United States (HTSUS). would result in the following companies been made at prices below normal Products subject to this order may also as Members under the Certificate: value. The final dumping margins for enter under HTSUS subheadings Almonds California Pride, Inc., the reviewed companies are listed 8450.11.0040, 8450.11.0080, Caruthers, CA below in the section entitled ‘‘Final 8450.90.2000, and 8450.90.6000. Baldwin-Minkler Farms, Orland, CA Results of the Review.’’ Although the HTSUS subheadings are Blue Diamond Growers, Sacramento, CA DATES: Effective date: September 16, provided for convenience and customs California Gold Almonds, Modesto, CA 2015. purposes, the written description of the Campos Brothers, Caruthers, CA merchandise subject to this scope is FOR FURTHER INFORMATION CONTACT: dispositive.3 Chico Nut Company, Chico, CA Del Rio Nut Company, Inc., Livingston, David Goldberger or Reza Karamloo, AD/CVD Operations, Office II, Analysis of Comments Received CA Fair Trade Corner, Inc., Chico, CA Enforcement and Compliance, All issues raised in the case and Fisher Nut Company, Modesto, CA International Trade Administration, rebuttal briefs are addressed in the Hilltop Ranch, Inc., Ballico, CA U.S. Department of Commerce, 14th Issues and Decision Memorandum. A Hughson Nut, Inc., Hughson, CA Street and Constitution Avenue NW., list of the issues which parties raised Mariani Nut Company, Winters, CA Washington, DC 20230; telephone: (202) and to which we respond in the Issues Nutco, LLC d.b.a. Spycher Brothers, 482–4136 or (202) 482–4470, and Decision Memorandum is attached Turlock, CA respectively. to this notice as Appendix I. Paramount Farms, Inc., Los Angeles, CA SUPPLEMENTARY INFORMATION: Final Results of the Review P–R Farms, Inc., Clovis, CA Roche Brothers International Family Background Based on our analysis of the Nut Co., Escalon, CA For a complete description of the comments received, we made changes to RPAC Almonds, LLC, Los Banos, CA events that following the publication of the weighted-average dumping margin South Valley Almond Company, LLC, the Preliminary Results, see the Issues calculation for LGE. No party submitted Wasco, CA and Decision Memorandum.2 The Issues comments on the Department’s Sunny Gem, LLC, Wasco, CA and Decision Memorandum is a public preliminary decision to assign Daewoo Western Nut Company, Chico, CA document and is on file electronically and Samsung a margin based on adverse via Enforcement and Compliance’s AD facts available (AFA) for their failure to Dated: September 10, 2015. and Countervailing Duty (CVD) respond to our request for information.4 Joseph Flynn, As the facts with respect to these two Centralized Electronic Service System Director, Office of Trade and Economic respondents remain the same, we made Analysis, International Trade Administration. (ACCESS). ACCESS is available to registered users at http:// no changes to the rate assigned to them [FR Doc. 2015–23223 Filed 9–15–15; 8:45 am] as AFA in these final results.5 access.trade.gov and in the Central BILLING CODE 3510–DR–P Records Unit, room B8024 of the main Therefore, we are assigning the Department of Commerce building. In following weighted-average dumping DEPARTMENT OF COMMERCE 1 See Large Residential Washers From the 3 A full description of the scope of the order is Republic of Korea: Preliminary Results of the contained in the Issues and Decision Memorandum. International Trade Administration Antidumping Duty Administrative Review; 2012– The HTSUS numbers are revised from the numbers 2014, 80 FR 12456 (March 9, 2015) (Preliminary previously stated in the scope. See Memorandum to [A–580–868] The File (MTF) entitled ‘‘Changes to the HTS asabaliauskas on DSK7TPTVN1PROD with NOTICES Results). 2 See memorandum to Paul Piquado, Assistant Numbers to the ACE Case Reference Files for the Large Residential Washers From the Secretary for Enforcement and Compliance, from Antidumping Duty Orders,’’ dated January 6, 2015. 4 See Preliminary Results, 80 FR 12457. Republic of Korea: Final Results of the Gary Taverman, Associate Deputy Assistant 5 This rate equals the AFA rate of 82.41 percent Antidumping Duty Administrative Secretary for Antidumping and Countervailing Duty Operations, ‘‘Issues and Decision Memorandum for adjusted for export subsidies totaling 3.30 percent Review; 2012–2014 the Final Results of the Antidumping Duty assigned to Daewoo in the final determination of Administrative Review of Large Residential the CVD investigation of LRWs from Korea. See AGENCY: Enforcement and Compliance, Washers from the Republic of Korea,’’ dated MTF, entitled ‘‘Source Documentation Relevant to International Trade Administration, concurrently with and adopted by this notice Export Subsidy Adjustments,’’ dated concurrently Department of Commerce. (Issues and Decision Memorandum). with this notice, at Attachment I. VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1


Document Created: 2018-02-26 10:16:37
Document Modified: 2018-02-26 10:16:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Application to Amend the Export Trade Certificate of Review Issued to California Almond Export Association, LLC (``CAEA''), Application No. (99-10A005).
ContactJoseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at [email protected]
FR Citation80 FR 55594 
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