81 FR 23457 - Laminated Woven Sacks From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination Under Section 129 of the Uruguay Round Agreements Act
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 77 (April 21, 2016)
International Trade Administration
Federal Register Volume 81, Issue 77 (April 21, 2016)
| Page Range | 23457-23459 | |
| FR Document | 2016-09286 |
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)] [Notices] [Pages 23457-23459] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09286] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-916] Laminated Woven Sacks From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination Under Section 129 of the Uruguay Round Agreements Act AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 30, 2016, the United States Court of International Trade (CIT or Court) issued final judgment in Laminated Woven Sacks Committee, Coating Excellence International, LLC, and Polytex Fibers Corporation v. United States, Consol. [[Page 23458]] Court No. 12-00301, affirming the Department of Commerce's (the Department) final results of redetermination pursuant to court remand. 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 implemented final determination in a proceeding conducted under section 129 of the Uruguay Round Agreements Act (Section 129) related to the Department's final affirmative determination in the antidumping duty (AD) investigation of laminated woven sacks (LWS) from the People's Republic of China (the PRC) for the period October 1, 2006, through March 31, 2007.\1\ The Department is amending its implemented Final Section 129 Determination with regard to granting adjustments to the AD cash deposit rates. --------------------------------------------------------------------------- \1\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Final Determination: Section 129 Proceeding Pursuant to the WTO Appellate Body's Findings in WTO DS379 Regarding the Antidumping and Countervailing Duty Investigations of Laminated Woven Sacks from the People's Republic of China,'' (July 31, 2012) (Final Section 129 Determination); see also Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and Tube From the People's Republic of China, 77 FR 52683 (August 30, 2012) (Implementation Notice). DATES: Effective Date: April 11, 2016.\2\ --------------------------------------------------------------------------- \2\ The effective date is ten days after the date of the court decision in accordance with Section 516A(e) of the Tariff Act of 1930. FOR FURTHER INFORMATION CONTACT: Ryan Mullen, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, --------------------------------------------------------------------------- 20230; telephone: (202) 482-2560. SUPPLEMENTARY INFORMATION: Background On August 7, 2008, the Department published AD and countervailing duty (CVD) orders on LWS imports from the PRC.\3\ The Government of the People's Republic of China challenged the LWS orders and three other sets of simultaneously imposed AD and CVD orders before the Dispute Settlement Body of the World Trade Organization (WTO). The WTO Appellate Body, in March 2011, found that the United States had acted inconsistently with its international obligations in several respects, including the potential imposition of overlapping remedies, or so- called ``double remedies.'' \4\ The U.S. Trade Representative then announced the United States' intention to comply with the WTO's rulings and recommendations, and the Department initiated a Section 129 proceeding.\5\ --------------------------------------------------------------------------- \3\ See Notice of Antidumping Duty Order: Laminated Woven Sacks from the People's Republic of China, 73 FR 45941 (August 7, 2008); see also Laminated Woven Sacks From the People's Republic of China: Countervailing Duty Order, 73 FR 45955 (August 7, 2008) (collectively, LWS orders). \4\ See United States--Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, 611, WT/DS379/ AB/R (Mar. 11, 2011). \5\ See Implementation Notice. --------------------------------------------------------------------------- On July 31, 2012, the Department issued its Final Section 129 Determination. In that determination, the Department found that an adjustment was warranted to the AD rates on LWS imports from the PRC to account for remedies that overlap those imposed by the CVD order.\6\ As a result, the Department reduced the applicable AD rate for separate rate companies from 64.28 percent to 20.19 percent and reduced the PRC- wide entity AD rate from 91.73 percent to 47.64 percent.\7\ The Department published a notice implementing the Final Section 129 Determination on August 30, 2012.\8\ Various parties challenged the Department's Final Section 129 Determination at the CIT. --------------------------------------------------------------------------- \6\ See Final Section 129 Determination. \7\ See Implementation Notice, 77 FR at 52687. \8\ Id. --------------------------------------------------------------------------- Following the final disposition of litigation related to the Final Section 129 Determination regarding the AD and CVD investigations of circular welded pipe (CWP) from the PRC, in which the Department found no basis for making an adjustment to the AD rates under Section 777(A)(f) of the Tariff Act of 1930, as amended (the Act),\9\ the CIT granted the Department's request for a voluntary remand in the litigation challenging the Final Section 129 Determination regarding the AD investigation of LWS from the PRC.\10\ On March 23, 2016, the Department issued its Final Remand Redetermination regarding the AD investigation of LWS from the PRC, in which it amended its Final Section 129 Determination regarding the AD investigation and denied the adjustment to the AD cash deposit rates granted to respondents in the Final Section 129 Determination.\11\ On March 30, 2016, the CIT sustained the Department's Final Remand Redetermination.\12\ --------------------------------------------------------------------------- \9\ See Wheatland Tube Co. v. United States, Consol. Court No. 12-00298, Slip Op. 15-44 (Ct. Int'l Trade May 7, 2015); Wheatland Tube Co. v. United States, Consol. Court No. 12-00296, Slip Op. 15- 118 (Ct. Int'l Trade October 22, 2015). \10\ See Laminated Woven Sacks Comm. v. United States, Court No. 12-00301 (December 3, 2015). \11\ See ``Final Redetermination Pursuant to Court Remand, Laminated Woven Sacks Comm. v. United States, Court No. 12-00301,'' (March 23, 2016) (Final Remand Redetermination). \12\ See Laminated Woven Sacks Comm. v. United States, Slip Op. 16-30, Consol. Court No. 12-00301 (CIT March 30, 2016). --------------------------------------------------------------------------- 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 Act, the Department 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 March 30, 2016, judgment affirming the Final Remand Redetermination constitutes a final court decision that is not in harmony with the Department's Final Section 129 Determination. This notice is published in fulfillment of publication requirements of Timken. Amended Final Determination Because there is now a final court decision with respect to the Department's Final Section 129 Determination regarding the AD investigation of LWS from the PRC, the Department is amending the Final Section 129 Determination, as implemented, regarding an adjustment to the AD cash deposit rates. The revised AD cash deposit rates are as follows: ------------------------------------------------------------------------ Revised AD Exporter Producer cash deposit rate (%) ------------------------------------------------------------------------ Zibo Aifudi Plastic Packaging Zibo Aifudi Plastic 64.28 Co., Ltd. Packaging Co., Ltd. Polywell Industrial Co., A.K.A. Polywell Plastic 64.28 First Way (H.K.) Limited. Product Factory. [[Page 23459]] Zibo Linzi Worun Packing Zibo Linzi Worun 64.28 Product Co., Ltd. Packing Product Co., Ltd. Shandong Qikai Plastics Product Shandong Qikai Plastics 64.28 Co., Ltd. Product Co., Ltd. Changle Baodu Plastic Co. Ltd.. Changle Baodu Plastic 64.28 Co. Ltd. Zibo Linzi Shuaiqiang Plastics Zibo Linzi Shuaiqiang 64.28 Co. Ltd. Plastics Co. Ltd. Zibo Linzi Qitianli Plastic Zibo Linzi Qitianli 64.28 Fabric Co. Ltd. Plastic Fabric Co. Ltd. Shandong Youlian Co. Ltd....... Shandong Youlian Co. 64.28 Ltd. Zibo Linzi Luitong Plastic Zibo Linzi Luitong 64.28 Fabric Co. Ltd. Plastic Fabric Co. Ltd. Wenzhou Hotson Plastics Co. Ltd Wenzhou Hotson Plastics 64.28 Co. Ltd. Jiangsu Hotson Plastics Co. Ltd Jiangsu Hotson Plastics 64.28 Co. Ltd. Cangnan Color Make The Bag..... Cangnan Color Make The 64.28 Bag. Zibo Qigao Plastic Cement Co. Zibo Qigao Plastic 64.28 Ltd. Cement Co. Ltd. Prc-Wide Rate.................. ....................... 91.73 ------------------------------------------------------------------------ Unless the applicable cash deposit rates have been superseded by cash deposit rates calculated in an intervening administrative review of the AD order on LWS from the PRC, the Department will instruct U. S. Customs and Border Protection to require a cash deposit for estimated AD duties at the rate noted above for each specified exporter and producer combination, for entries of subject merchandise, entered or withdrawn from warehouse, for consumption, on or after April 11, 2016. This notice is issued and published in accordance with sections 516A(e) and 777(i)(1) of the Act and section 129(c)(2)(A) of the Uruguay Round Agreements Act. Dated: April 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-09286 Filed 4-20-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices 23457
response to material submitted during This correction to the Final Results is 703(c)(1) of the Act permits the
the foregoing period may be submitted issued and published in accordance Department to postpone making the
during the subsequent 15-day period to with sections 751(a)(1), 751(a)(2)(B)(iv), preliminary determination until no later
July 5, 2016. 751(a)(3), 777(i) of the Act and 19 CFR than 130 days after the date on which
A copy of the application will be 351.213(h), 351.214 and 351.221(b)(4). it initiated the investigation if, among
available for public inspection at the of the Tariff Act of 1930, as amended. other reasons, the petitioner makes a
Office of the Executive Secretary, Dated: April 15, 2016. timely request for a postponement, or
Foreign-Trade Zones Board, Room Christian Marsh,
the Department concludes that the
21013, U.S. Department of Commerce, parties concerned are cooperating and
Deputy Assistant Secretary for Enforcement
1401 Constitution Avenue NW., and Compliance.
determines that the investigation is
Washington, DC 20230–0002, and in the extraordinarily complicated. On April
[FR Doc. 2016–09277 Filed 4–20–16; 8:45 am]
‘‘Reading Room’’ section of the FTZ 13, 2016, AK Steel Corporation,
BILLING CODE 3510–DS–P
Board’s Web site, which is accessible Allegheny Ludlum, LLC d/b/a ATI Flat
via www.trade.gov/ftz. For further Rolled Products, North American
information, contact Kathleen.Boyce@ Stainless, and Outokumpu Stainless
DEPARTMENT OF COMMERCE
trade.gov or (202) 482–1346. USA, LLC (collectively, Petitioners)
Dated: April 14, 2016. International Trade Administration made a timely request to postpone the
Andrew McGilvray,
preliminary CVD determination.2
[C–570–043] Therefore, pursuant to the discretion
Executive Secretary.
afforded the Department under
[FR Doc. 2016–09285 Filed 4–20–16; 8:45 am] Stainless Steel Sheet and Strip From
703(c)(1)(A) of the Act and because the
BILLING CODE 3510–DS–P the People’s Republic of China:
Department does not find any
Postponement of Preliminary
compelling reason to deny the request,
Determination in the Countervailing
we are fully extending the due date
DEPARTMENT OF COMMERCE Duty Investigation
until 130 days after the Department’s
International Trade Administration AGENCY: Enforcement and Compliance, initiation for the preliminary
International Trade Administration, determination, to July 11, 2016.
[A–570–848] Department of Commerce. Pursuant to section 705(a)(1) of the Act
DATES: Effective April 21, 2016. and 19 CFR 351.210(b)(1), the deadline
Freshwater Crawfish Tail Meat From
FOR FURTHER INFORMATION CONTACT: for the final determination will continue
the People’s Republic of China: Notice
Emily Halle at (202) 482–0176, AD/CVD to be 75 days after the date of the
of Correction to Final Results of
Operations Office VII, Enforcement and preliminary determination. This notice
Antidumping Duty Administrative and
Compliance, U.S. Department of is issued and published pursuant to
New Shipper Reviews; 2013–2014
Commerce, 14th Street and Constitution section 703(c)(2) of the Act and 19 CFR
AGENCY: Enforcement and Compliance, Avenue NW., Washington, DC 20230. 351.205(f)(1).
International Trade Administration, SUPPLEMENTARY INFORMATION: Dated: April 14, 2016.
Department of Commerce. Paul Piquado,
FOR FURTHER INFORMATION CONTACT: Background
Assistant Secretary for Enforcement and
Hermes Pinilla, AD/CVD Operations, On March 3, 2016, the Department of Compliance.
Office I, Enforcement and Compliance, Commerce (the Department) initiated a [FR Doc. 2016–09279 Filed 4–20–16; 8:45 am]
International Trade Administration, countervailing duty (CVD) investigation BILLING CODE 3510–DS–P
U.S. Department of Commerce, 1401 of imports of stainless steel sheet and
Constitution Avenue NW., Washington, strip (stainless steel) from the People’s
DC 20230; telephone: (202) 482–3477. Republic of China (PRC).1 The notice of DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION: On April initiation stated that, in accordance with
13, 2016, the Department of Commerce section 703(b)(1) of the Tariff Act of International Trade Administration
(the Department) published in the 1930, as amended (the Act), and 19 CFR [A–570–916]
Federal Register the final results of the 351.205(b)(1), we would issue our
administrative and new shipper reviews preliminary determination no later than Laminated Woven Sacks From the
of the antidumping duty order on 65 days after the date of initiation, People’s Republic of China: Notice of
freshwater crawfish tail meat from the unless postponed. Currently, the Court Decision Not in Harmony With
People’s Republic of China.1 The Final preliminary determination in this Final Determination Under Section 129
Results contained an inadvertent error investigation is due no later than May of the Uruguay Round Agreements Act
related to a certain company name. 9, 2016.
Specifically, the Final Results AGENCY: Enforcement and Compliance,
Postponement of Preliminary International Trade Administration,
incorrectly identified Shanghai Ocean Determinations
Flavor International Trading Co., Ltd. as Department of Commerce.
Shanghai Ocean International Section 703(b)(1) of the Tariff Act of SUMMARY: On March 30, 2016, the
International Trading Co., Ltd. in the 1930, as amended (Act), requires the United States Court of International
‘‘Final Results of the Administrative Department to issue the preliminary Trade (CIT or Court) issued final
Review and New Shipper Reviews’’ determination in a CVD investigation judgment in Laminated Woven Sacks
jstallworth on DSK7TPTVN1PROD with NOTICES
section.2 within 65 days after the date on which Committee, Coating Excellence
the Department initiated the International, LLC, and Polytex Fibers
1 See Freshwater Crawfish Tail Meat from the investigation. However, section Corporation v. United States, Consol.
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and New 1 See Stainless Steel Sheet and Strip From the 2 See Letter from Petitioners, ‘‘Countervailing
Shipper Reviews; 2013–2014, 81 FR 21840 (April People’s Republic of China: Initiation of Duty Investigation of Stainless Steel Sheet and Strip
13, 2016) (Final Results). Countervailing Duty Investigation, 81 FR 13322 from the People’s Republic of China Request for
2 Id., at 21841. (March 14, 2016). Extension of the Determination,’’ April 13, 2016.
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![Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices 23459
Revised AD
cash deposit
Exporter Producer rate
(%)
Zibo Linzi Worun Packing Product Co., Ltd ............................... Zibo Linzi Worun Packing Product Co., Ltd .............................. 64.28
Shandong Qikai Plastics Product Co., Ltd ................................. Shandong Qikai Plastics Product Co., Ltd ................................ 64.28
Changle Baodu Plastic Co. Ltd .................................................. Changle Baodu Plastic Co. Ltd ................................................. 64.28
Zibo Linzi Shuaiqiang Plastics Co. Ltd ....................................... Zibo Linzi Shuaiqiang Plastics Co. Ltd ...................................... 64.28
Zibo Linzi Qitianli Plastic Fabric Co. Ltd .................................... Zibo Linzi Qitianli Plastic Fabric Co. Ltd ................................... 64.28
Shandong Youlian Co. Ltd .......................................................... Shandong Youlian Co. Ltd ......................................................... 64.28
Zibo Linzi Luitong Plastic Fabric Co. Ltd .................................... Zibo Linzi Luitong Plastic Fabric Co. Ltd ................................... 64.28
Wenzhou Hotson Plastics Co. Ltd .............................................. Wenzhou Hotson Plastics Co. Ltd ............................................. 64.28
Jiangsu Hotson Plastics Co. Ltd ................................................. Jiangsu Hotson Plastics Co. Ltd ................................................ 64.28
Cangnan Color Make The Bag ................................................... Cangnan Color Make The Bag .................................................. 64.28
Zibo Qigao Plastic Cement Co. Ltd ............................................ Zibo Qigao Plastic Cement Co. Ltd ........................................... 64.28
Prc-Wide Rate ............................................................................. .................................................................................................... 91.73
Unless the applicable cash deposit DATES: Written comments must be examiners (some private citizens, some
rates have been superseded by cash submitted on or before June 20, 2016. government and military personnel), the
deposit rates calculated in an ADDRESSES: Direct all written comments Baldrige Program needs the ability to
intervening administrative review of the to Jennifer Jessup, Departmental ask them of their preferences for the
AD order on LWS from the PRC, the Paperwork Clearance Officer, sector in which they will do their
Department will instruct U. S. Customs Department of Commerce, Room 6616, application review (e.g., do they want to
and Border Protection to require a cash 14th and Constitution Avenue NW., review a health care applicant,
deposit for estimated AD duties at the Washington, DC 20230 (or via the manufacturing applicant), their
rate noted above for each specified Internet at JJessup@doc.gov). availability to conduct reviews, their
exporter and producer combination, for FOR FURTHER INFORMATION CONTACT: ability to travel on a site visit and about
entries of subject merchandise, entered Requests for additional information or all of their logistical needs (e.g., dietary
or withdrawn from warehouse, for copies of the information collection restrictions, cannot review an
consumption, on or after April 11, 2016. instrument and instructions should be organization from a certain state due to
This notice is issued and published in directed to Dawn Bailey, Baldrige conflicts in that state), their ability to
accordance with sections 516A(e) and Performance Excellence Program, 100 perform particular MBNQA roles such
777(i)(1) of the Act and section Bureau Drive, Stop 1020, Gaithersburg, as technical editor or team leader), their
129(c)(2)(A) of the Uruguay Round MD 20899, 301–975–3074, conflicts with a particular organization,
Agreements Act. dawn.bailey@nist.gov etc. The Baldrige Program also needs to
SUPPLEMENTARY INFORMATION: survey them to obtain qualitative
Dated: April 14, 2016.
information on performance, as being a
Paul Piquado, I. Abstract Baldrige Examiner is a very competitive
Assistant Secretary for Enforcement and Public Law 100–107 (The Malcolm selection.
Compliance. Baldrige National Quality Improvement The Baldrige Program could not
[FR Doc. 2016–09286 Filed 4–20–16; 8:45 am] Act of 1987), which established the perform the intensive evaluation called
BILLING CODE 3510–DS–P Baldrige Performance Excellence for in the law without surveying its own
Program and its Malcolm Baldrige workforce about their unique needs in
National Quality Award (MBNQA), relation to the MBNQA process (and its
DEPARTMENT OF COMMERCE stipulates that organizational applicants subprocesses). In fact, these volunteer
for the award (see OMB Control #0693– examiners expect to be asked their
National Institute of Standards and 006) receive ‘‘an intensive evaluation by preferences, as well as given the ability
Technology a competent board of examiners which to give their feedback to improve
Proposed Information Collection; shall review the evidence submitted by processes.
Comment Request; Baldrige the organization and, through a site
visit, verify the accuracy of the quality II. Method of Collection
Performance Excellence Program
improvements claimed.’’ Surveys are typically conducted via
Team Leader Consensus and Site Visit
Per the statute, ‘‘the Director of the email or through a secure NIST file-
Surveys
National Bureau of Standards shall rely sharing system if any MBNQA
AGENCY: National Institute of Standards upon’’ these examiners, as they are in organization-specific information needs
and Technology, Commerce. essence the external workforce of the to be shared. Surveys can also be
Baldrige Performance Excellence conducted over the phone if the number
ACTION: Notice. Program. Baldrige Program staff of examiners who need to be asked
members manage and improve the about a particular role or need is less
SUMMARY: The Department of award and all of its processes, but the than about 20. Often, a personal phone
Commerce, as part of its continuing
jstallworth on DSK7TPTVN1PROD with NOTICES
examiners actually do the objective call is the best way to survey a subset
effort to reduce paperwork and review of MBNQA applicants. of examiners, as maintaining positive
respondent burden, invites the general The Team Leader Consensus and Site relationships with examiners is very
public and other Federal agencies to Visit Surveys will be one key way that important to the program.
take this opportunity to comment on Baldrige staff members can
proposed and/or continuing information communicate with and seek feedback III. Data
collections, as required by the from the external workforce (Baldrige OMB Control Number: #0693–XXXX
Paperwork Reduction Act of 1995. Examiners). To manage these voluntary (New Collection).
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Document Created: 2016-04-21 01:17:49
Document Modified: 2016-04-21 01:17:49
| 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 | Ryan Mullen, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, | |
| FR Citation | 81 FR 23457 |
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