81 FR 31910 - Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2009-2010
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 98 (May 20, 2016)
International Trade Administration
Federal Register Volume 81, Issue 98 (May 20, 2016)
| Page Range | 31910-31911 | |
| FR Document | 2016-12003 |
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)] [Notices] [Pages 31910-31911] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12003] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-888] Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2009-2010 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 6, 2016, the United States Court of International Trade (the Court or the CIT) issued final judgment in Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. v. United States, Court No. 12-00069, sustaining the Department of Commerce's (the Department) final results of the second redetermination pursuant to remand.\1\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken Co., v United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the antidumping duty administrative review of floor- standing, metal top ironing tables and certain parts thereof from the People's Republic of China covering the period August 1, 2009, through July 31, 2010, and is amending the final results with respect to the weighted-average dumping margin assigned to Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. (Foshan Shunde).\2\ --------------------------------------------------------------------------- \1\ See Final Results of Redetermination Pursuant to Court Remand, Floor Standing Metal Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. v. United States, Court No. 12- 00069, Slip Op. 16-01 (CIT January 8, 2016), dated March 29, 2016 (Second Redetermination), available at http://enforcement.trade.gov/remands/index.htm. \2\ See Floor-Standing Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 14499 (March 12, 2012), and accompanying Issues and Decision Memorandum (Final Results). --------------------------------------------------------------------------- DATES: Effective April 18, 2016. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4475 or (202) 482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On March 12, 2012, the Department published its Final Results.\3\ On March 22, 2012, Foshan Shunde, an exporter of the subject merchandise, timely filed a complaint with the Court to challenge certain aspects of the Final Results. The litigation history of this procedure is outlined below. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- On February 22, 2013, the Court remanded the matter.\4\ The case was stayed pending the Court's final disposition on brokerage and handling in Since Hardware v. United States, Court No. 11-00106. The Court also stayed ruling on zeroing, pending the outcome of the Federal Circuit case, Union Steel v. United States. After the Federal Circuit issued its decision in Union Steel,\5\ on August 22, 2013, the Court continued the stay pending its ruling of similar issues in Since Hardware v. United States, Court No. 11-00106. On December 30, 2014, the Court issued its decision in Since Hardware v. United States,\6\ thereby lifting the stay in this case. Accordingly, on April 9, 2015, the Department issued [[Page 31911]] its First Redetermination, in which it: (1) Determined to use the Indonesian ``basket'' category 7217.10 to value steel wire, (2) determined to use the brokerage and handling (B&H) calculation outlined in the Final Results, and (3) continued to apply the zeroing methodology utilized in the Final Results.\7\ --------------------------------------------------------------------------- \4\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. v. United States, 896 F. Supp. 2d 1313 (February 22, 2013) (Foshan Shunde I). \5\ See Union Steel v. United States, 713 F.3d 1101 (Fed. Cir. 2013). \6\ See Since Hardware v. United States, 37 F. Supp. 3d 1354, 1365 (CIT 2014). \7\ See Final Results of Redetermination Pursuant to Court Remand Floor Standing Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, dated April 9, 2015 (First Redetermination). --------------------------------------------------------------------------- Upon consideration of the First Redetermination, on January 8, 2016, the Court sustained: (1) The use of World Bank data to derive brokerage and handling expenses, and (2) the application of zeroing.\8\ The Court, however, remanded the case to the Department to reconsider its adjustment of brokerage and handling based upon container size. Additionally, the Court directed the Department to use Indonesian HTS value 7217.10.00 to value Foshan Shunde's steel wire input.\9\ --------------------------------------------------------------------------- \8\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. v. United States, Court No. 12-00069, Slip Op. 16-01 (January 8, 2016) (Foshan Shunde II). \9\ Id. --------------------------------------------------------------------------- On March 29, 2016, we issued the Second Redetermination, where we used the Indonesian HTS value 7217.10.00, and did not adjust the ports and terminal handling fee and document preparation fee based upon container size.\10\ --------------------------------------------------------------------------- \10\ See Final Results of Redetermination Pursuant to Court Remand Floor Standing Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, dated March 29, 2016 (Second Redetermination). --------------------------------------------------------------------------- On April 6, 2016, the Court sustained the Second Redetermination, and entered final judgment.\11\ --------------------------------------------------------------------------- \11\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., v. United States, Court No. 12-0006, Slip Op. 16-34 (April 6, 2016). --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the Federal Circuit has held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision not ``in harmony'' with a Department determination, and must suspend liquidation of entries pending a ``conclusive'' court decision. The Court's April 6, 2016, judgment sustaining the Second 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 requirement of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Results Because there is now a final court decision, the Department amends the Final Results with respect to the dumping margin of Foshan Shunde. The revised weighted-average dumping margin for Foshan Shunde during the period August 1, 2009, through July 31, 2010, is as follows: ------------------------------------------------------------------------ Weighted average dumping Exporter margin (percent) ------------------------------------------------------------------------ Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. 33.43 ------------------------------------------------------------------------ For Foshan Shunde, the cash deposit rate will remain the rate established in the 2010-2011 Final Results, a subsequent review, which is 157.68 percent.\12\ --------------------------------------------------------------------------- \12\ See Floor Standing Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review 77 FR 55806 (September 11, 2012) (2010-2011 Final Results). --------------------------------------------------------------------------- In the event the Court's ruling is not appealed, or if appealed and upheld by the Federal Circuit, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of the subject merchandise exported by Foshan Shunde using the revised assessment rate calculated by the Department in the Second Redetermination. This notice is issued and published in accordance with sections 516(A)(e), 751(a)(1), and 777(i)(1) of the Act. Dated: May 13, 2016. Paul Piquado, Assistant Secretary for Enforcement & Compliance. [FR Doc. 2016-12003 Filed 5-19-16; 8:45 am] BILLING CODE 3510-DS-P
![31910 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Notices
RUS is submitting to OMB for extension Estimate of Burden: Public reporting 1374 (Fed. Cir. 2010) (Diamond
of an existing collection. Comments are burden for this collection of information Sawblades), the Department is notifying
invited on: (a) Whether the proposed is estimated to average 6.23 hour per the public that the final judgment in this
collection of information is necessary response. case is not in harmony with the
for the proper performance of the Respondents: Non-profit institutions. Department’s final results of the
functions of the Agency, including Estimated Number of Respondents: 5. antidumping duty administrative review
whether the information will have Estimated Number of Responses per of floor-standing, metal top ironing
practical utility; (b) the accuracy of the Respondent: 12. tables and certain parts thereof from the
Agency’s estimate of the burden of the Estimated Total Annual Burden on People’s Republic of China covering the
proposed collection of information Respondents: 374 Hours. period August 1, 2009, through July 31,
including the validity of the Copies of this information collection 2010, and is amending the final results
methodology and assumptions used; (c) can be obtained from Rebecca Hunt, with respect to the weighted-average
ways to enhance the quality, utility and Management Analyst, Program dumping margin assigned to Foshan
clarity of the information to be Development and Regulatory Analysis, Shunde Yongjian Housewares &
collected; and (d) ways to minimize the at (202) 205–3660; FAX: (202) 720– Hardwares Co., Ltd. (Foshan Shunde).2
burden of the collection of information 8435. DATES: Effective April 18, 2016.
on those who are to respond, including All responses to this notice will be FOR FURTHER INFORMATION CONTACT:
through the use of appropriate summarized and included in the request Michael J. Heaney or Robert James, AD/
automated, electronic, mechanical, or for OMB approval. All comments will CVD Operations, Office VI, Enforcement
other technological collection also become a matter of public record. and Compliance, International Trade
techniques or other forms of information Dated: May 9, 2016. Administration, U.S. Department of
technology. Comments may be sent to: Brandon McBride, Commerce, 14th Street and Constitution
Thomas P. Dickson, Acting Director, Avenue NW., Washington, DC 20230;
Administrator, Rural Utilities Service.
Program Development and Regulatory telephone: (202) 482–4475 or (202) 482–
[FR Doc. 2016–11857 Filed 5–19–16; 8:45 am]
Analysis, Rural Utilities Service, U.S. 0649, respectively.
Department of Agriculture, 1400 BILLING CODE P
SUPPLEMENTARY INFORMATION:
Independence Avenue SW., STOP 1522,
Room 5164–S, Washington, DC 20250– Background
1522. FAX: (202) 720–8435. DEPARTMENT OF COMMERCE
On March 12, 2012, the Department
Title: 7 CFR part 1783, Revolving
International Trade Administration published its Final Results.3 On March
Fund Program.
22, 2012, Foshan Shunde, an exporter of
OMB Control Number: 0572–0138. [A–570–888] the subject merchandise, timely filed a
Type of Request: Extension of a complaint with the Court to challenge
currently approved information Floor-Standing, Metal-Top Ironing certain aspects of the Final Results. The
collection. Tables and Certain Parts Thereof From litigation history of this procedure is
Abstract: The Rural Utilities Service the People’s Republic of China: Notice outlined below.
(RUS) supports the sound development of Court Decision Not in Harmony With On February 22, 2013, the Court
of rural communities and the growth of Final Results and Notice of Amended remanded the matter.4 The case was
our economy without endangering the Final Results of the Antidumping Duty
stayed pending the Court’s final
environment. R provides financial and Administrative Review; 2009–2010
disposition on brokerage and handling
technical assistance to help in Since Hardware v. United States,
AGENCY: Enforcement and Compliance,
communities bring safe drinking water Court No. 11–00106. The Court also
International Trade Administration,
and sanitary, environmentally sound stayed ruling on zeroing, pending the
Department of Commerce.
waste disposal facilities to rural outcome of the Federal Circuit case,
Americans in greatest need. The SUMMARY: On April 6, 2016, the United
States Court of International Trade (the Union Steel v. United States. After the
Revolving Fund Program helps qualified Federal Circuit issued its decision in
non-profits create a revolving loan fund Court or the CIT) issued final judgment
in Foshan Shunde Yongjian Housewares Union Steel,5 on August 22, 2013, the
that can provide financing for the Court continued the stay pending its
extension and improvement of water & Hardwares Co., Ltd. v. United States,
Court No. 12–00069, sustaining the ruling of similar issues in Since
and waste disposal systems in rural Hardware v. United States, Court No.
areas. Entities eligible for the revolving Department of Commerce’s (the
Department) final results of the second 11–00106. On December 30, 2014, the
loan fund will be the same entities Court issued its decision in Since
eligible to obtain a loan, loan guarantee, redetermination pursuant to remand.1
Consistent with the decision of the Hardware v. United States,6 thereby
or grant from RUS Water and Waste lifting the stay in this case. Accordingly,
Disposal and Wastewater loan and grant United States Court of Appeals for the
Federal Circuit (Federal Circuit) in on April 9, 2015, the Department issued
programs. As grant recipients, the non-
profit organizations establish a Timken Co., v United States, 893 F.2d 2 See Floor-Standing Metal-Top Ironing Tables
revolving loan fund to provide loans to 337 (Fed. Cir. 1990) (Timken), as and Certain Parts Thereof From the People’s
finance predevelopment costs of water clarified by Diamond Sawblades Mfrs. Republic of China: Final Results of Antidumping
or wastewater projects, or short-term Coalition v. United States, 626 F.3d Duty Administrative Review, 77 FR 14499 (March
12, 2012), and accompanying Issues and Decision
small capital projects not part of the
mstockstill on DSK3G9T082PROD with NOTICES
1 See Final Results of Redetermination Pursuant Memorandum (Final Results).
regular operation and maintenance of to Court Remand, Floor Standing Metal Top Ironing
3 Id.
current water and wastewater systems. Tables and Certain Parts Thereof from the People’s
4 See Foshan Shunde Yongjian Housewares &
The collection of information consists of Republic of China, Foshan Shunde Yongjian Hardwares Co., Ltd. v. United States, 896 F. Supp.
Housewares & Hardwares Co., Ltd. v. United States, 2d 1313 (February 22, 2013) (Foshan Shunde I).
the materials to file a grant application 5 See Union Steel v. United States, 713 F.3d 1101
Court No. 12–00069, Slip Op. 16–01 (CIT January
with the agency, including forms, 8, 2016), dated March 29, 2016 (Second (Fed. Cir. 2013).
certifications and required Redetermination), available at http:// 6 See Since Hardware v. United States, 37 F.
documentation. enforcement.trade.gov/remands/index.htm. Supp. 3d 1354, 1365 (CIT 2014).
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![Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Notices 31911
its First Redetermination, in which it: continue the suspension of liquidation SUMMARY: The Secretary of Commerce,
(1) Determined to use the Indonesian of the subject merchandise pending the through the International Trade
‘‘basket’’ category 7217.10 to value steel expiration of the period of appeal or, if Administration, Office of Trade and
wire, (2) determined to use the appealed, pending a final and Economic Analysis (OTEA), has
brokerage and handling (B&H) conclusive court decision. received an application for an amended
calculation outlined in the Final Export Trade Certificate of Review
Results, and (3) continued to apply the Amended Final Results (‘‘Certificate’’) from DFA. This notice
zeroing methodology utilized in the Because there is now a final court summarizes the proposed amendment
Final Results.7 decision, the Department amends the and seeks public comments on whether
Upon consideration of the First Final Results with respect to the the amended Certificate should be
Redetermination, on January 8, 2016, dumping margin of Foshan Shunde. The issued.
the Court sustained: (1) The use of revised weighted-average dumping FOR FURTHER INFORMATION CONTACT:
World Bank data to derive brokerage margin for Foshan Shunde during the Joseph E. Flynn, Director, Office of
and handling expenses, and (2) the period August 1, 2009, through July 31, Trade and Economic Analysis,
application of zeroing.8 The Court, 2010, is as follows: International Trade Administration, by
however, remanded the case to the telephone at (202) 482–5131 (this is not
Department to reconsider its adjustment Weighted a toll-free number) or email at etca@
of brokerage and handling based upon average
Exporter dumping trade.gov.
container size. Additionally, the Court margin
directed the Department to use SUPPLEMENTARY INFORMATION: Title III of
(percent)
Indonesian HTS value 7217.10.00 to the Export Trading Company Act of
value Foshan Shunde’s steel wire Foshan Shunde Yongjian 1982 (15 U.S.C. Sections 4001–21)
input.9 Housewares & Hardwares authorizes the Secretary of Commerce to
On March 29, 2016, we issued the Co., Ltd ............................. 33.43 issue Export Trade Certificates of
Second Redetermination, where we Review. An Export Trade Certificate of
used the Indonesian HTS value For Foshan Shunde, the cash deposit Review protects the holder and the
7217.10.00, and did not adjust the ports rate will remain the rate established in members identified in the Certificate
and terminal handling fee and the 2010–2011 Final Results, a from State and Federal government
document preparation fee based upon subsequent review, which is 157.68 antitrust actions and from private treble
container size.10 percent.12 damage antitrust actions for the export
On April 6, 2016, the Court sustained In the event the Court’s ruling is not conduct specified in the Certificate and
the Second Redetermination, and appealed, or if appealed and upheld by carried out in compliance with its terms
entered final judgment.11 the Federal Circuit, the Department will and conditions. The regulations
instruct U.S. Customs and Border implementing Title III are found at 15
Timken Notice
Protection (CBP) to assess antidumping CFR part 325 (2016). Section 302(b)(1)
In its decision in Timken, 893 F.2d at duties on entries of the subject of the Export Trading Company Act of
341, as clarified by Diamond Sawblades, merchandise exported by Foshan 1982 and 15 CFR 325.6(a) require the
the Federal Circuit has held that, Shunde using the revised assessment Secretary to publish a notice in the
pursuant to section 516A(e) of the Tariff rate calculated by the Department in the Federal Register identifying the
Act of 1930, as amended (the Act), the Second Redetermination. applicant and summarizing its
Department must publish a notice of a This notice is issued and published in application. Under 15 CFR 325.6(a),
court decision not ‘‘in harmony’’ with a accordance with sections 516(A)(e), interested parties may, within twenty
Department determination, and must 751(a)(1), and 777(i)(1) of the Act. days after the date of this notice, submit
suspend liquidation of entries pending written comments to the Secretary
Dated: May 13, 2016.
a ‘‘conclusive’’ court decision. The through OTEA on the application.
Court’s April 6, 2016, judgment Paul Piquado,
Request for Public Comments:
sustaining the Second Redetermination Assistant Secretary for Enforcement & Interested parties may submit written
constitutes a final decision of the Court Compliance.
comments relevant to the determination
that is not in harmony with the [FR Doc. 2016–12003 Filed 5–19–16; 8:45 am]
whether an amended Certificate should
Department’s Final Results. This notice BILLING CODE 3510–DS–P be issued. If the comments include any
is published in fulfillment of the privileged or confidential business
publication requirement of Timken. information, it must be clearly marked
Accordingly, the Department will DEPARTMENT OF COMMERCE and a nonconfidential version of the
International Trade Administration comments (identified as such) should be
7 See Final Results of Redetermination Pursuant
included. Any comments not marked as
to Court Remand Floor Standing Metal-Top Ironing
Tables and Certain Parts Thereof from the People’s [Application No. 14–3A004] privileged or confidential business
Republic of China, dated April 9, 2015 (First information will be deemed to be
Redetermination). Export Trade Certificate of Review nonconfidential.
8 See Foshan Shunde Yongjian Housewares & An original and five (5) copies, plus
Hardwares Co., Ltd. v. United States, Court No. 12– ACTION:Notice of application for an two (2) copies of the nonconfidential
00069, Slip Op. 16–01 (January 8, 2016) (Foshan
Shunde II).
amended Export Trade Certificate of version, should be submitted no later
than 20 days after the date of this notice
mstockstill on DSK3G9T082PROD with NOTICES
9 Id. Review by DFA of California (‘‘DFA’’),
10 See Final Results of Redetermination Pursuant Application No. 14–3A004. to: Office of Trade and Economic
to Court Remand Floor Standing Metal-Top Ironing Analysis, International Trade
Tables and Certain Parts Thereof from the People’s Administration, U.S. Department of
Republic of China, dated March 29, 2016 (Second 12 See Floor Standing Metal-Top Ironing Tables
Redetermination).
Commerce, Room 21028, Washington,
and Certain Parts Thereof From the People’s
11 See Foshan Shunde Yongjian Housewares & Republic of China: Final Results of Antidumping DC 20230.
Hardwares Co., Ltd., v. United States, Court No. 12– Duty Administrative Review 77 FR 55806 Information submitted by any person
0006, Slip Op. 16–34 (April 6, 2016). (September 11, 2012) (2010–2011 Final Results). is exempt from disclosure under the
VerDate Sep<11>2014 17:40 May 19, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1](https://thefederalregister.org/doc/81_FR_32008/page/2.svg)
Document Created: 2016-05-20 02:00:26
Document Modified: 2016-05-20 02:00:26
| 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 | |
| Dates | Effective April 18, 2016. | |
| Contact | Michael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4475 or (202) 482-0649, respectively. | |
| FR Citation | 81 FR 31910 |
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