81 FR 21537 - Citric Acid and Certain Citrate Salts From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Countervailing Duty Administrative Review and Notice of Amended Final Results Pursuant to Court Decision; 2011
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 70 (April 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 70 (April 12, 2016)
| Page Range | 21537-21538 | |
| FR Document | 2016-08387 |
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)] [Notices] [Pages 21537-21538] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08387] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-938] Citric Acid and Certain Citrate Salts From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Countervailing Duty Administrative Review and Notice of Amended Final Results Pursuant to Court Decision; 2011 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 30, 2016, the United States Court of International Trade (CIT) sustained the Department of Commerce's (Department's) final results of redetermination,\1\ which recalculated the subsidy rate for RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, RZBC Companies) in the administrative review of the countervailing duty (CVD) order on citric acid and certain citrate salts (citric acid) from the People's Republic of China for the period January 1, 2011, through December 31, 2011,\2\ pursuant to the CIT's remand order in RZBC Companies v. United States.\3\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken,\4\ as clarified by Diamond Sawblades,\5\ the Department is notifying the public that the Court's final judgment in this case is not in harmony with the Final Results and that the Department is amending the Final Results with respect to the RZBC Companies. --------------------------------------------------------------------------- \1\ See RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. v. United States, Court No. 14-00041 (CIT March 30, 2016) (Court Order affirming remand redetermination) (RZBC Companies v. United States II). \2\ See Citric Acid and Certain Citrate Salts From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2011, 79 FR 108 (January 2, 2014) (Final Results) and accompanying Issues and Decision Memorandum (Final IDM). \3\ See RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. v. United States, Court No. 14-00041, Slip Op. 15-83 (August 5, 2015) (RZBC Companies v. United States). \4\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \5\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- DATES: Effective Date: April 9, 2016. FOR FURTHER INFORMATION CONTACT: Patricia M. Tran, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1503. SUPPLEMENTARY INFORMATION: Background In the Final Results, the Department elected to simple-average all available benchmark data for steam coal, sulfuric acid, and calcium carbonate because they were not reported in a uniform manner.\6\ The CIT remanded for the Department to reevaluate the world benchmarks for steam coal, sulfuric acid, and calcium carbonate subsidies. Specifically, the CIT instructed the Department to consider whether to calculate world-average prices using weighted or simple-averages in light of small-quantity, high-price transactions in the underlying data, and to comply with the mandate to measure the adequacy of remuneration in light of prevailing market conditions in the country subject to review.\7\ The CIT also directed the Department to recalculate the respondents' countervailing duty rate consistent with any reevaluated benchmark prices for steam coal, sulfuric acid, and calcium carbonate.\8\ --------------------------------------------------------------------------- \6\ See Final Results and Final IDM at Comment 13E. \7\ See RZBC Companies v. United States, Slip Op. at 40. \8\ Id. --------------------------------------------------------------------------- In its final results of redetermination pursuant to RZBC Companies v. United States, the Department reopened and placed on the record in the remand proceeding world benchmark information for steam coal, sulfuric acid, and calcium carbonate. The Department then calculated weighted-average monthly world benchmarks for sulfuric acid and calcium carbonate. For steam coal, we weight-averaged the weightable data \9\ on the record while continuing to utilize the data from other unweightable \10\ sources. --------------------------------------------------------------------------- \9\ Weightable data contains benchmark prices and quantity. \10\ Unweightable data contains only benchmark prices. --------------------------------------------------------------------------- On March 30, 2016, the CIT sustained the Department's final results of redetermination pursuant to remand.\11\ --------------------------------------------------------------------------- \11\ See RZBC Companies v. United States II. --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 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 must publish a notice of a court decision that is not ``in [[Page 21538]] harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's opinion in RZBC Companies v. United States II, issued on March 30, 2016, sustaining the Department's final results of redetermination constitutes a final decision of the court that is not in harmony with the Department's Final Results. This notice is published in fulfillment of the publication requirements 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. Amended Final Results of Review Because there is now a final court decision with respect to the Final Results, the Department amends its Final Results. The Department finds that the following revised net countervailable subsidy rate is: ------------------------------------------------------------------------ Net countervailable subsidy Company rate ------------------------------------------------------------------------ RZBC Group Shareholding Co., Ltd., RZBC 18.28 percent ad valorem. Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, RZBC Companies). ------------------------------------------------------------------------ Since the Final Results, the Department established a new cash deposit rate for RZBC Companies.\12\ Therefore, the cash deposit rate for RZBC Companies does not need to be updated as a result of these amended final results. In the event that 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 that were exported by RZBC Companies, and which were entered, or withdrawn from warehouse, for consumption during the period January 1, 2011, through December 31, 2011, at the revised rate of 18.28 percent ad valorem. --------------------------------------------------------------------------- \12\ See Citric Acid and Certain Citrate Salts: Final Results of Countervailing Duty Administrative Review; 2013, 80 FR 77318 (December 14, 2015). --------------------------------------------------------------------------- This notice is issued and published in accordance with sections 516A(e)(l), 75l(a)(l), and 777(i)(l) of the Act. Dated: April 5, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-08387 Filed 4-11-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices 21537
publication of the final results of Recommendation FOR FURTHER INFORMATION CONTACT:
review. [FR Doc. 2016–08385 Filed 4–11–16; 8:45 am] Patricia M. Tran, AD/CVD Operations,
BILLING CODE 3510–DS–P Office III, Enforcement and Compliance,
Cash Deposit Requirements
U.S. Department of Commerce, 14th
The following deposit requirements Street and Constitution Avenue NW.,
will be effective upon publication of the DEPARTMENT OF COMMERCE Washington, DC 20230; telephone (202)
notice of final results of administrative 482–1503.
review for all shipments of PRCBs from International Trade Administration SUPPLEMENTARY INFORMATION:
Thailand entered, or withdrawn from [C–570–938]
warehouse, for consumption on or after Background
the date of publication, as provided by Citric Acid and Certain Citrate Salts In the Final Results, the Department
section 751(a)(2) of the Act: (1) The cash From the People’s Republic of China: elected to simple-average all available
deposit rate for the reviewed company Notice of Court Decision Not in benchmark data for steam coal, sulfuric
will be the rate established in the final Harmony With Final Results of acid, and calcium carbonate because
results of this review; (2) for previously Countervailing Duty Administrative they were not reported in a uniform
reviewed or investigated companies not Review and Notice of Amended Final manner.6 The CIT remanded for the
listed above, the cash deposit rate will Results Pursuant to Court Decision; Department to reevaluate the world
continue to be the company-specific rate 2011 benchmarks for steam coal, sulfuric
published for the most recent period; (3) acid, and calcium carbonate subsidies.
if the exporter is not a firm covered in AGENCY: Enforcement and Compliance,
Specifically, the CIT instructed the
this review, a prior review, or the less- International Trade Administration,
Department to consider whether to
than-fair-value investigation but the Department of Commerce.
calculate world-average prices using
manufacturer is, the cash deposit rate SUMMARY: On March 30, 2016, the weighted or simple-averages in light of
will be the rate established for the most United States Court of International small-quantity, high-price transactions
recent period for the manufacturer of Trade (CIT) sustained the Department of in the underlying data, and to comply
the merchandise; (4) if neither the Commerce’s (Department’s) final results with the mandate to measure the
exporter nor the manufacturer has its of redetermination,1 which recalculated adequacy of remuneration in light of
own rate, the cash deposit rate will be the subsidy rate for RZBC Group prevailing market conditions in the
4.69 percent.9 These deposit Shareholding Co., Ltd., RZBC Co., Ltd., country subject to review.7 The CIT also
requirements, when imposed, shall RZBC Imp. & Exp. Co., Ltd., and RZBC directed the Department to recalculate
remain in effect until further notice. (Juxian) Co., Ltd. (collectively, RZBC the respondents’ countervailing duty
Companies) in the administrative
Notifications to Importer rate consistent with any reevaluated
review of the countervailing duty (CVD)
benchmark prices for steam coal,
This notice also serves as a order on citric acid and certain citrate
sulfuric acid, and calcium carbonate.8
preliminary reminder to importers of salts (citric acid) from the People’s In its final results of redetermination
their responsibility under 19 CFR Republic of China for the period January pursuant to RZBC Companies v. United
351.402(f) to file a certificate regarding 1, 2011, through December 31, 2011,2 States, the Department reopened and
the reimbursement of antidumping pursuant to the CIT’s remand order in placed on the record in the remand
duties prior to liquidation of the RZBC Companies v. United States.3 proceeding world benchmark
relevant entries during this review Consistent with the decision of the
information for steam coal, sulfuric
period. Failure to comply with this United States Court of Appeals for the
acid, and calcium carbonate. The
requirement could result in the Federal Circuit (CAFC) in Timken,4 as
Department then calculated weighted-
Department’s presumption that clarified by Diamond Sawblades,5 the
average monthly world benchmarks for
reimbursement of antidumping duties Department is notifying the public that
sulfuric acid and calcium carbonate. For
occurred and the subsequent assessment the Court’s final judgment in this case
steam coal, we weight-averaged the
of doubled antidumping duties. is not in harmony with the Final Results
weightable data 9 on the record while
These preliminary results of and that the Department is amending
continuing to utilize the data from other
administrative review are issued and the Final Results with respect to the
unweightable 10 sources.
published in accordance with sections RZBC Companies.
On March 30, 2016, the CIT sustained
751(a)(1) and 777(i)(1) of the Act. DATES: Effective Date: April 9, 2016. the Department’s final results of
Dated: April 6, 2016. 1 See RZBC Group Shareholding Co., Ltd., RZBC
redetermination pursuant to remand.11
Ronald K. Lorentzen, Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC Timken Notice
Acting Assistant Secretary for Enforcement (Juxian) Co., Ltd. v. United States, Court No. 14–
00041 (CIT March 30, 2016) (Court Order affirming In its decision in Timken, as clarified
and Compliance.
remand redetermination) (RZBC Companies v. by Diamond Sawblades, the CAFC held
Appendix United States II). that, pursuant to section 516A(e) of the
2 See Citric Acid and Certain Citrate Salts From
List of Topics Discussed in the Preliminary the People’s Republic of China: Final Results of
Tariff Act of 1930, as amended (the Act),
Decision Memorandum Countervailing Duty Administrative Review; 2011, the Department must publish a notice of
79 FR 108 (January 2, 2014) (Final Results) and a court decision that is not ‘‘in
Summary accompanying Issues and Decision Memorandum
Background (Final IDM).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
6 See Final Results and Final IDM at Comment
Scope of the Order 3 See RZBC Group Shareholding Co., Ltd., RZBC
13E.
Discussion of the Methodology Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC 7 See RZBC Companies v. United States, Slip Op.
A. Use of Facts Available (Juxian) Co., Ltd. v. United States, Court No. 14–
00041, Slip Op. 15–83 (August 5, 2015) (RZBC at 40.
B. Application of Facts Available With an 8 Id.
Companies v. United States).
Adverse Inference 4 See Timken Co. v. United States, 893 F.2d 337 9 Weightable data contains benchmark prices and
C. Selection and Corroboration of (Fed. Cir. 1990) (Timken). quantity.
Information Used as Facts Available 5 See Diamond Sawblades Mfrs. Coalition v. 10 Unweightable data contains only benchmark
United States, 626 F.3d 1374 (Fed. Cir. 2010) prices.
9 See Section 129 Determination. (Diamond Sawblades). 11 See RZBC Companies v. United States II.
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![21538 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices
harmony’’ with a Department DEPARTMENT OF COMMERCE 3. Add coverage for Export Trade
determination and must suspend Activities and Methods of Operation
liquidation of entries pending a International Trade Administration relating to ‘‘fresh pears’’ for the
‘‘conclusive’’ court decision. The CIT’s following existing Members of the
[Application No. 84–26A12]
opinion in RZBC Companies v. United Certificate (within the meaning of
States II, issued on March 30, 2016, Export Trade Certificate of Review section 325.2(l) of the regulations (15
sustaining the Department’s final results CFR 325.2(l))):
of redetermination constitutes a final ACTION:Notice of issuance of an Apple House Warehouse & Storage,
decision of the court that is not in amended Export Trade Certificate of Inc.
harmony with the Department’s Final Review to the Northwest Fruit Exporters Blue Bird, Inc.
Results. This notice is published in of Washington (‘‘NFE’’), Application No. Blue Star Growers, Inc.
fulfillment of the publication (84–26A12). Borton & Sons, Inc.
requirements of Timken. Accordingly, Chelan Fruit Cooperative
the Department will continue the SUMMARY: The Secretary of Commerce, Congdon Packing Co. L.L.C.
suspension of liquidation of the subject through the Office of Trade and Conrad & Adams Fruit L.L.C.
merchandise pending the expiration of Economic Analysis (‘‘OTEA’’), issued an Crane & Crane, Inc.
the period of appeal or, if appealed, amended Export Trade Certificate of Diamond Fruit Growers Inc.
pending a final and conclusive court Review to NFE of California on March Gold Digger Apples, Inc.
decision. 21, 2016. Hansen Fruit & Cold Storage Co., Inc.
Amended Final Results of Review FOR FURTHER INFORMATION CONTACT: Highland Fruit Growers, Inc.
Joseph E. Flynn, Director, Office of HoneyBear Growers, LLC
Because there is now a final court Trade and Economic Analysis, Matson Fruit Company
decision with respect to the Final International Trade Administration, by McDougall & Sons, Inc.
Results, the Department amends its telephone at (202) 482–5131 (this is not Stadelman Fruit, L.L.C.
Final Results. The Department finds that a toll-free number) or email at etca@ Stemilt Growers, LLC
the following revised net trade.gov. Strand Apples, Inc.
countervailable subsidy rate is: The Dalles Fruit Company, LLC
SUPPLEMENTARY INFORMATION: Title III of
Valley Fruit III L.L.C.
Net the Export Trading Company Act of
Company countervailable 1982 (15 U.S.C. 4001–21) authorizes the 4. Add the following new Members of
subsidy rate Secretary of Commerce to issue Export the Certificate (within the meaning of
Trade Certificates of Review. An Export section 325.2(l) of the regulations (15
RZBC Group Shareholding 18.28 percent CFR 325.2(l))), for Export Trade
Co., Ltd., RZBC Co., Ltd., ad valorem. Trade Certificate of Review protects the
holder and the members identified in Activities and Methods of Operation
RZBC Imp. & Exp. Co.,
Ltd., and RZBC (Juxian) the Certificate from State and Federal relating to ‘‘fresh pears’’:
Co., Ltd. (collectively, government antitrust actions and from Duckwall Fruit
RZBC Companies). private treble damage antitrust actions Naumes, Inc.
for the export conduct specified in the Peshastin Hi-Up Growers
Since the Final Results, the Certificate and carried out in Underwood Fruit & Warehouse Co.
Department established a new cash compliance with its terms and 5. Add the following new Members of
deposit rate for RZBC Companies.12 conditions. The regulations the Certificate for Export Trade
Therefore, the cash deposit rate for implementing title III are found at 15 Activities and Methods of Operation
RZBC Companies does not need to be CFR part 325 (2016). relating to apples:
updated as a result of these amended OTEA is issuing this notice pursuant Piepel Premium Fruit Packing LLC
final results. In the event that the CIT’s to 15 CFR 325.6(b), which requires the Ron LeFore, d/b/a Ron LeFore Apple
ruling is not appealed, or if appealed, Secretary of Commerce to publish a Farms
upheld by the CAFC, the Department summary of the certification in the Western Traders LLC
will instruct U.S. Customs and Border Federal Register. Under section 305(a)
Protection to liquidate entries of subject 6. Remove the following companies as
of the Act and 15 CFR 325.11(a), any Members of the Certificate: Blue
merchandise that were exported by person aggrieved by the Secretary’s
RZBC Companies, and which were Mountain Growers, Inc. (Milton-
determination may, within 30 days of Freewater, OR), and Obert Cold
entered, or withdrawn from warehouse, the date of this notice, bring an action
for consumption during the period Storage (Zillah, WA); and
in any appropriate district court of the 7. Change the name of the following
January 1, 2011, through December 31, United States to set aside the
2011, at the revised rate of 18.28 percent existing Members: The Apple House,
determination on the ground that the Inc. (Brewster, WA) is now Apple
ad valorem. determination is erroneous.
This notice is issued and published in House Warehouse & Storage, Inc.
accordance with sections 516A(e)(l), Description of Amended Certificate (Brewster, WA); C&M Fruit Packers
75l(a)(l), and 777(i)(l) of the Act. (Yakima, WA) is now Columbia Fruit
NFE’s Export Trade Certificate of
Packers/Airport Division (Yakima,
Dated: April 5, 2016. Review has been amended to:
WA); Domex Marketing (Yakima, WA)
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Ronald K. Lorentzen, Description of Amendments to the is now Domex Superfresh Growers
Acting Assistant Secretary for Enforcement Certificate LLC (Yakima, WA); and Stemilt
and Compliance. Growers Inc. is now Stemilt Growers,
[FR Doc. 2016–08387 Filed 4–11–16; 8:45 am] 1. Under the heading Products, add
‘‘fresh pears.’’ LLC.
BILLING CODE 3510–DS–P
2. Under the heading Export Trade NFE’s complete Membership covered
12 See Citric Acid and Certain Citrate Salts: Final Activities and Methods of Operation, by the amended Export Trade
Results of Countervailing Duty Administrative add ‘‘fresh pears’’ to the subtitles of Certificate of Review is listed below:
Review; 2013, 80 FR 77318 (December 14, 2015). sections 1 and 3. 1. Allan Bros., Naches, WA
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Document Created: 2016-04-12 00:46:56
Document Modified: 2016-04-12 00:46:56
| 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 | Patricia M. Tran, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1503. | |
| FR Citation | 81 FR 21537 |
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