81_FR_32009 81 FR 31911 - Export Trade Certificate of Review

81 FR 31911 - Export Trade Certificate of Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 98 (May 20, 2016)

Page Range31911-31912
FR Document2016-11991

The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended Export Trade Certificate of Review (``Certificate'') from DFA. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued.

Federal Register, Volume 81 Issue 98 (Friday, May 20, 2016) 
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Pages 31911-31912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11991]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 14-3A004]


Export Trade Certificate of Review

ACTION: Notice of application for an amended Export Trade Certificate 
of Review by DFA of California (``DFA''), Application No. 14-3A004.

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SUMMARY: The Secretary of Commerce, through the International Trade 
Administration, Office of Trade and Economic Analysis (OTEA), has 
received an application for an amended Export Trade Certificate of 
Review (``Certificate'') from DFA. This notice summarizes the proposed 
amendment and seeks public comments on whether the amended Certificate 
should be issued.

FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of 
Trade and Economic Analysis, International Trade Administration, by 
telephone at (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) 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 (2016). Section 302(b)(1) of the Export Trading 
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 through OTEA 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: Office of Trade and Economic 
Analysis, International Trade Administration, U.S. Department of 
Commerce, Room 21028, Washington, DC 20230.
    Information submitted by any person is exempt from disclosure under 
the

[[Page 31912]]

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 amended 
Certificate. Comments should refer to this application as ``Export 
Trade Certificate of Review, application number 14-3A004.''

Summary of the Application

    Applicant: DFA of California.
    Contact: c/o Gilbert Associates, Inc., 2880 Gateway Oaks Drive, 
Suite 100, Sacramento, California 95833.
    Application No.: 14-3A004.
    Date Deemed Submitted: May 9, 2016.

Proposed Amendment

    1. Change the name of existing Member Diamond Foods, Inc. to 
Diamond Foods, LLC.
    DFA's proposed amendment of its Export Trade Certificate of Review 
would result in the following entities as Members under the 
Certificate:

1. Alpine Pacific Nut Company, Hughson, CA
2. Andersen & Sons Shelling, Vina, CA
3. Avanti Nut Company, Inc., Stockton, CA
4. Berberian Nut Company, LLC, Chico, CA
5. Carriere Family Farms, Inc., Glenn, CA
6. California Almond Packers and Exporters (CAPEX), Corning, CA
7. California Walnut Company, Inc., Los Molinos, CA
8. Chico Nut Company, Chico, CA
9. Continente Nut LLC, Oakley, CA
10. C. R. Crain & Sons, Inc., Los Molinos, CA
11. Crain Walnut Shelling, Inc., Los Molinos, CA
12. Crisp California Walnuts, Stratford, CA
13. Diamond Foods, LLC, Stockton, CA
14. Empire Nut Company, Colusa, CA
15. Fig Garden Packing, Inc., Fresno, CA
16. Gold River Orchards, Inc., Escalon, CA
17. Grower Direct Nut Company, Hughson, CA
18. GSF Nut Company, Orosi, CA
19. Guerra Nut Shelling Company, Hollister, CA
20. Hill View Packing Company Inc., Gustine, CA
21. Mariani Nut Company, Winters, CA
22. Mariani Packing Company, Inc., Vacaville, CA
23. Mid Valley Nut Company Inc., Hughson, CA
24. Morada Nut Company, LP, Stockton, CA
25. National Raisin Company, Fowler, CA
26. O-G Nut Company, Stockton, CA
27. Omega Walnut, Inc., Orland, CA
28. Pearl Crop, Inc., Stockton, CA
29. Poindexter Nut Company, Selma, CA
30. Prima Noce Packing, Linden, CA
31. RPC Packing Inc., Porterville, CA
32. Sacramento Packing, Inc., Yuba City, CA
33. Sacramento Valley Walnut Growers, Inc., Yuba City, CA
34. San Joaquin Figs, Inc., Fresno, CA
35. Shoei Foods USA, Inc., Olivehurst, CA
36. Stapleton-Spence Packing, Gridley, CA
37. Sun-Maid Growers of California, Kingsburg, CA
38. Sunsweet Growers Inc., Yuba City, CA
39. Taylor Brothers Farms, Inc., Yuba City, CA
40. T.M. Duche Nut Company, Inc., Orland, CA
41. Wilbur Packing Company, Inc., Live Oak, CA
42. Valley Fig Growers, Fresno, CA

    Dated: May 17, 2016.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration.
[FR Doc. 2016-11991 Filed 5-19-16; 8:45 am]
 BILLING CODE 3510-DR-P

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

31912 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Notices Freedom of Information Act (5 U.S.C. 27. Omega Walnut, Inc., Orland, CA be received at the appropriate address or 552). However, nonconfidential versions 28. Pearl Crop, Inc., Stockton, CA fax number (see ADDRESSES) no later of the comments will be made available 29. Poindexter Nut Company, Selma, than 5 p.m. Pacific standard time on to the applicant if necessary for CA June 20, 2016. determining whether or not to issue the 30. Prima Noce Packing, Linden, CA ADDRESSES: Written comments on the amended Certificate. Comments should 31. RPC Packing Inc., Porterville, CA applications should be sent to the refer to this application as ‘‘Export 32. Sacramento Packing, Inc., Yuba City, Protected Resources Division, NMFS, Trade Certificate of Review, application CA 1201 NE Lloyd Blvd., Suite 1100, number 14–3A004.’’ 33. Sacramento Valley Walnut Growers, Portland, OR 97232–1274. Comments Inc., Yuba City, CA may also be sent via fax to 503–230– Summary of the Application 34. San Joaquin Figs, Inc., Fresno, CA 5441 or by email to nmfs.nwr.apps@ Applicant: DFA of California. 35. Shoei Foods USA, Inc., Olivehurst, noaa.gov (include the permit number in Contact: c/o Gilbert Associates, Inc., CA the subject line of the fax or email). 2880 Gateway Oaks Drive, Suite 100, 36. Stapleton-Spence Packing, Gridley, FOR FURTHER INFORMATION CONTACT: Rob Sacramento, California 95833. CA Application No.: 14–3A004. Clapp, Portland, OR (ph.: 503–231– 37. Sun-Maid Growers of California, 2314), Fax: 503–230–5441, email: Date Deemed Submitted: May 9, 2016. Kingsburg, CA Robert.Clapp@noaa.gov). Permit Proposed Amendment 38. Sunsweet Growers Inc., Yuba City, application instructions are available CA from the address above, or online at 1. Change the name of existing 39. Taylor Brothers Farms, Inc., Yuba Member Diamond Foods, Inc. to https://apps.nmfs.noaa.gov. City, CA Diamond Foods, LLC. SUPPLEMENTARY INFORMATION: 40. T.M. Duche Nut Company, Inc., DFA’s proposed amendment of its Orland, CA Species Covered in This Notice Export Trade Certificate of Review 41. Wilbur Packing Company, Inc., Live would result in the following entities as The following listed species are Oak, CA covered in this notice: Members under the Certificate: 42. Valley Fig Growers, Fresno, CA 1. Alpine Pacific Nut Company, Chinook salmon (Oncorhynchus Dated: May 17, 2016. tshawytscha): Threatened Puget Sound Hughson, CA 2. Andersen & Sons Shelling, Vina, CA Joseph Flynn, (PS); threatened California Coastal (CC). 3. Avanti Nut Company, Inc., Stockton, Director, Office of Trade and Economic Steelhead (O. mykiss): Threatened PS; CA Analysis, International Trade Administration. threatened Northern California (NC). 4. Berberian Nut Company, LLC, Chico, [FR Doc. 2016–11991 Filed 5–19–16; 8:45 am] Chum salmon (O. keta): Threatened CA BILLING CODE 3510–DR–P Hood Canal Summer-run (HCS). 5. Carriere Family Farms, Inc., Glenn, Coho salmon (O. kisutch): Threatened CA Southern Oregon/Northern California 6. California Almond Packers and DEPARTMENT OF COMMERCE Coast (SONCC). Exporters (CAPEX), Corning, CA Sockeye salmon (O. nerka): 7. California Walnut Company, Inc., Los National Oceanic and Atmospheric Threatened Ozette Lake (OL). Molinos, CA Administration Eulachon (Thaleichthys pacificus): 8. Chico Nut Company, Chico, CA RIN 0648–XE628 Threatened Southern (S). 9. Continente Nut LLC, Oakley, CA Green sturgeon (Acipenser 10. C. R. Crain & Sons, Inc., Los Endangered and Threatened Species; medirostris): Threatened S. Molinos, CA Take of Anadromous Fish, Rockfish, Bocaccio (Sebastes paucispinis): 11. Crain Walnut Shelling, Inc., Los and Eulachon Endangered Puget Sound/Georgia Basin Molinos, CA (PS/GB). 12. Crisp California Walnuts, Stratford, AGENCY: National Marine Fisheries Canary rockfish (S. pinniger): CA Service (NMFS), National Oceanic and Threatened PS/GB. 13. Diamond Foods, LLC, Stockton, CA Atmospheric Administration (NOAA), Yelloweye rockfish (S. ruberrimus): 14. Empire Nut Company, Colusa, CA Commerce. Threatened PS/GB. 15. Fig Garden Packing, Inc., Fresno, CA ACTION: Notice; applications for four Authority 16. Gold River Orchards, Inc., Escalon, new scientific research permits, two CA permit modifications, and one permit Scientific research permits are issued 17. Grower Direct Nut Company, renewal. in accordance with section 10(a)(1)(A) Hughson, CA of the ESA (16 U.S.C. 1531 et seq.) and 18. GSF Nut Company, Orosi, CA SUMMARY: Notice is hereby given that regulations governing listed fish and 19. Guerra Nut Shelling Company, NMFS has received seven scientific wildlife permits (50 CFR parts 222–226). Hollister, CA research permit application requests NMFS issues permits based on findings 20. Hill View Packing Company Inc., relating to Pacific salmon, steelhead, that such permits: (1) Are applied for in Gustine, CA rockfish, sturgeon, and eulachon. The good faith; (2) if granted and exercised, 21. Mariani Nut Company, Winters, CA proposed research is intended to would not operate to the disadvantage 22. Mariani Packing Company, Inc., increase knowledge of species listed of the listed species that are the subject Vacaville, CA under the Endangered Species Act of the permit; and (3) are consistent mstockstill on DSK3G9T082PROD with NOTICES 23. Mid Valley Nut Company Inc., (ESA) and to help guide management with the purposes and policy of section Hughson, CA and conservation efforts. The 2 of the ESA. The authority to take 24. Morada Nut Company, LP, Stockton, applications may be viewed online at: listed species is subject to conditions set CA https://apps.nmfs.noaa.gov/preview/ forth in the permits. 25. National Raisin Company, Fowler, preview_open_for_comment.cfm. Anyone requesting a hearing on an CA DATES: Comments or requests for a application listed in this notice should 26. O–G Nut Company, Stockton, CA public hearing on the applications must set out the specific reasons why a VerDate Sep<11>2014 17:40 May 19, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1


Document Created: 2016-05-20 01:59:55
Document Modified: 2016-05-20 01:59:55
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 for an amended Export Trade Certificate of Review by DFA of California (``DFA''), Application No. 14-3A004.
ContactJoseph E. Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482-5131 (this is not a toll-free number) or email at [email protected]
FR Citation81 FR 31911 
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