81_FR_36369 81 FR 36261 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Review and Amended Final Results of the Antidumping Duty Administrative Review; 2011-2012

81 FR 36261 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Review and Amended Final Results of the Antidumping Duty Administrative Review; 2011-2012

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36261-36262
FR Document2016-13279

On May 11, 2016, the United States Court of International Trade (the Court) sustained our final remand redetermination pertaining to the administrative review of the antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China covering the period November 1, 2011, through October 31, 2012 (third administrative review).\1\ 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 of Commerce (the Department) is notifying the public that the Court's final judgment in this case is not in harmony with the AR3 Final Results \2\ and that the Department is amending the AR3 Final Results with respect to the PRC- wide entity, including the ATM Single Entity.\3\ ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016) 
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36261-36262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13279]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof From the People's Republic of 
China: Notice of Court Decision Not in Harmony With the Final Results 
of Review and Amended Final Results of the Antidumping Duty 
Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 11, 2016, the United States Court of International 
Trade (the Court) sustained our final remand redetermination pertaining 
to the administrative review of the antidumping duty order on diamond 
sawblades and parts thereof from the People's Republic of China 
covering the period November 1, 2011, through October 31, 2012 (third 
administrative review).\1\ 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 of Commerce (the 
Department) is notifying the public that the Court's final judgment in 
this case is not in harmony with the AR3 Final Results \2\ and that the 
Department is amending the AR3 Final Results with respect to the PRC-
wide entity, including the ATM Single Entity.\3\
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    \1\ See Gang Yan Diamond Products, Inc. v. United States, Court 
No. 14-00148, slip op. 16-49, 2016 Ct. Intl. Trade LEXIS 49 (Ct. 
Int'l Trade May 11, 2016); Final Remand Redetermination pursuant to 
Gang Yan Diamond Products, Inc. v. United States, Court No. 14-
00148, slip op. 15-127, (Ct. Int'l Trade Nov. 9, 2015), dated 
February 8, 2016, and available at http://enforcement.trade.gov/remands/15-127.pdf (AR3 Remand Redetermination), aff'd, Gang Yan 
Diamond Products, Inc. 2016 Ct. Intl. Trade LEXIS 49.
    \2\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 35723 (June 24, 2014) (AR3 Final Results).
    \3\ The ATM Single Entity includes Advanced Technology & 
Materials Co., Ltd., Beijing Gang Yan Diamond Products Co., HXF Saw 
Co., Ltd., AT&M International Trading Co., Ltd., and Cliff 
International Ltd. See Diamond Sawblades and Parts Thereof From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 77098, 77099 (December 20, 
2013), unchanged in AR3 Final Results.

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DATES: Effective Date: May 21, 2016.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement

[[Page 36262]]

and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 
(202) 482-5760 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 24, 2014, the Department published the AR3 Final Results, 
in which we assigned the PRC-wide rate of 164.09 percent to companies 
including the ATM Single Entity that comprise the PRC-wide entity.\4\ 
The ATM Single Entity challenged our decision to treat it as part of 
the PRC-wide entity and assign the PRC-wide rate to it. On November 9, 
2015, the Court remanded the AR3 Final Results to the Department to 
reconsider the PRC-wide rate in light of the remand redeterminations 
for the two previous reviews that the Department issued after the 
publication of the AR3 Final Results.\5\ In these two remand 
redeterminations, the Department found that the ATM Single Entity was 
not entitled to a separate rate and, therefore, was part of the PRC-
wide entity, and revised the PRC-wide rate using the simple average of 
the margins that had been calculated for the ATM Single Entity in the 
underlying administrative reviews and the petition rate in the less-
than-fair-value investigation, i.e., 164.09 percent.\6\ On remand for 
the third administrative review, the Department revised the PRC-wide 
rate consistent with the immediately preceding administrative review, 
i.e., the second administrative review.\7\ On May 11, 2016, the Court 
upheld our AR3 Remand Redetermination in its entirety.\8\
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    \4\ See AR3 Final Results, 79 FR at 35724, n.7.
    \5\ See Gang Yan Diamond Products, Inc. v. United States, Court 
No. 14-00148, slip op. 15-127 (Ct. Int'l Trade Nov. 9, 2015).
    \6\ See Final Results of Redetermination pursuant to Diamond 
Sawblades Manufacturers' Coalition v. United States, Court No. 13-
00078, slip op. 14-50 (Ct. Int'l Trade Apr. 29, 2014), dated April 
10, 2015, and available at http://enforcement.trade.gov/remands/14-50.pdf, aff'd, Diamond Sawblades Manufacturers' Coalition v. United 
States, Court No. 13-00078, slip op. 15-105 (Ct. Int'l Trade Sept. 
23, 2015), and Final Remand Redetermination pursuant to Diamond 
Sawblades Manufacturers Coalition v. United States, Court No. 13-
00241, slip op. 14-112 (Ct. Int'l Trade Sept. 23, 2014), dated May 
18, 2015, and available at http://enforcement.trade.gov/remands/14-112.pdf, aff'd, Diamond Sawblades Manufacturers' Coalition v. United 
States, Court No. 13-00241, slip op. 15-116 (Ct. Int'l Trade Oct. 
21, 2015).
    \7\ See AR3 Remand Redetermination. See also Diamond Sawblades 
and Parts Thereof from the People's Republic of China: Notice of 
Court Decision Not in Harmony With the Final Results of Review and 
Amended Final Results of the Antidumping Duty Administrative Review, 
81 FR 2843 (January 19, 2016), for the revision of the PRC-wide rate 
for the second administrative review.
    \8\ See Gang Yan Diamond Products, Inc., 2016 Ct. Intl. Trade 
LEXIS 49.
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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 harmony'' with a Department determination and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The Court's final judgment affirming the AR3 Remand 
Redetermination constitutes the Court's final decision which is not in 
harmony with the AR3 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 a final and conclusive court decision.

Amended Final Results of Review

    Because there is now a final court decision, the Department is 
amending the AR3 Final Results with respect to the PRC-wide entity, 
which includes the ATM Single Entity, as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                            margin  (%)
------------------------------------------------------------------------
PRC-Wide Entity (which includes the ATM Single Entity)..           82.05
------------------------------------------------------------------------

    In the event the Court's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, the Department will 
instruct the U.S. Customs and Border Protection to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
revised rate the Department determined and listed above.

Cash Deposit Requirements

    The current cash deposit rate for the PRC-wide entity is 82.05 
percent, and thus same as the cash deposit rate established in the AR3 
Remand Redetermination.\9\ Therefore, there is no need to update the 
cash deposit rate for the PRC-wide entity as a result of these amended 
final results.
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    \9\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13279 Filed 6-3-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices 36261 CFR regulation that describes types of Commerce, 14th Street and Constitution DEPARTMENT OF COMMERCE eligible borrowers who are entities that Avenue NW., Washington, DC 20230; may also participate in the Rural Energy telephone: (202) 482–4682. International Trade Administration Savings Program (RESP). [A–570–900] SUPPLEMENTARY INFORMATION: On August DATES: Effective on June 6, 2016. 13, 2015, the Department of Commerce FOR FURTHER INFORMATION CONTACT: Diamond Sawblades and Parts Thereof (the Department) published in the Titilayo Ogunyale, Senior Advisor, From the People’s Republic of China: Federal Register the initiation of the Notice of Court Decision Not in Office of the Administrator, Rural antidumping duty changed Harmony With the Final Results of Utilities Service, Rural Development, United States Department of circumstances review on tapered roller Review and Amended Final Results of Agriculture, 1400 Independence Avenue bearings and parts thereof, finished and the Antidumping Duty Administrative SW., STOP 1510, Room 5136–S, unfinished (TRBs), from the People’s Review; 2011–2012 Washington, DC 20250–1510; Republic of China (PRC) to determine whether to reinstate the antidumping AGENCY: Enforcement and Compliance, Telephone: (202) 720–0736; Email: duty order with respect to Shanghai International Trade Administration, Titilayo.Ogunyale@wdc.usda.gov. General Bearing Co., Ltd. (SGBC/SKF).1 Department of Commerce. SUPPLEMENTARY INFORMATION: The Rural SUMMARY: On May 11, 2016, the United Utilities Service (RUS) published in the The period of review is June 1, 2014, through May 31, 2015. In the Initiation, States Court of International Trade (the Federal Register on May 24, 2016, at 81 Court) sustained our final remand FR 32719, a Notice of Comment the Department incorrectly stated in two redetermination pertaining to the Solicitation seeking input on the Rural places that if we determine in this administrative review of the Energy Savings Program. Inadvertently, changed circumstances review that antidumping duty order on diamond an inaccurate citation to the Code of SGBC/SKF resumed dumping, ‘‘effective sawblades and parts thereof from the Federal Register (CFR) was included in on the date of the publication of our People’s Republic of China covering the the Notice. This document removes all final results,’’ 2 we will direct U.S. period November 1, 2011, through references to the inaccurate CFR citation Customs and Border Protection (CBP) to October 31, 2012 (third administrative published on May 24, 2016, and suspend liquidation of all entries of review).1 Consistent with the decision replaces it with the correct citation to TRBs manufactured in the PRC and of the United States Court of Appeals for the CFR. exported by SGBC/SKF. However, we the Federal Circuit (CAFC) in Timken In the Notice of Comment Solicitation intended to state the following: ‘‘If we Co. v. United States, 893 F.2d 337 (Fed. FR Doc. 2016–12192 published May 24, preliminarily determine in this changed Cir. 1990) (Timken), as clarified by 2016, at 81 FR 32719, make the circumstances review that SGBC/SKF Diamond Sawblades Mfrs. Coalition v. following correction. Remove ‘‘7 CFR resumed dumping, we will direct CBP United States, 626 F.3d 1374 (Fed. Cir. 1710.10’’ and add in its place ‘‘7 CFR to suspend liquidation of all entries of 2010) (Diamond Sawblades), the 1710.101’’ on the following page: Department of Commerce (the TRBs manufactured in the PRC, and Page 32719, third column, ‘‘Entities exported, by SGBC/SKF’’ (emphasis also Department) is notifying the public that eligible to borrow from RUS and relend to added). As a result, we now correct the the Court’s final judgment in this case consumers pursuant to RESP are not is not in harmony with the AR3 Final restricted to electric utilities per se; entities Initiation as noted above. owned or controlled by current or former Results 2 and that the Department is This correction to the initiation of the RUS borrowers and those entities described amending the AR3 Final Results with antidumping duty changed respect to the PRC-wide entity, in 7 CFR 1710.101 may also participate in the circumstances review is issued and RESP program.’’ including the ATM Single Entity.3 published in accordance with section Dated: May 26, 2016. DATES: Effective Date: May 21, 2016. 751(b)(1) of the Tariff Act of 1930, as Brandon McBride, amended. FOR FURTHER INFORMATION CONTACT: Administrator, Rural Utilities Service. Yang Jin Chun or Minoo Hatten, AD/ Dated: May 26, 2016. CVD Operations, Office I, Enforcement [FR Doc. 2016–13248 Filed 6–3–16; 8:45 am] Paul Piquado, BILLING CODE P 1 See Gang Yan Diamond Products, Inc. v. United Assistant Secretary for Enforcement and Compliance. States, Court No. 14–00148, slip op. 16–49, 2016 Ct. Intl. Trade LEXIS 49 (Ct. Int’l Trade May 11, 2016); [FR Doc. 2016–13203 Filed 6–3–16; 8:45 am] Final Remand Redetermination pursuant to Gang DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P Yan Diamond Products, Inc. v. United States, Court International Trade Administration No. 14–00148, slip op. 15–127, (Ct. Int’l Trade Nov. 9, 2015), dated February 8, 2016, and available at [A–570–601] http://enforcement.trade.gov/remands/15-127.pdf (AR3 Remand Redetermination), aff’d, Gang Yan Diamond Products, Inc. 2016 Ct. Intl. Trade LEXIS Tapered Roller Bearings and Parts 49. Thereof, Finished and Unfinished, 2 See Diamond Sawblades and Parts Thereof From the People’s Republic of China: From the People’s Republic of China: Final Results Notice of Correction to the Initiation of of Antidumping Duty Administrative Review; 2011– Antidumping Duty Changed 2012, 79 FR 35723 (June 24, 2014) (AR3 Final Results). Circumstances Review 3 The ATM Single Entity includes Advanced sradovich on DSK3TPTVN1PROD with NOTICES AGENCY: Enforcement and Compliance, Technology & Materials Co., Ltd., Beijing Gang Yan 1 See Tapered Roller Bearings and Parts Thereof, Diamond Products Co., HXF Saw Co., Ltd., AT&M International Trade Administration, International Trading Co., Ltd., and Cliff Finished and Unfinished, from the People’s Department of Commerce. International Ltd. See Diamond Sawblades and Republic of China: Notice of Correction to the FOR FURTHER INFORMATION CONTACT: Parts Thereof From the People’s Republic of China: Initiation of Antidumping Duty Changed Preliminary Results of Antidumping Duty Alice Maldonado, Enforcement and Circumstances Review, 80 FR 48493 (August 13, Administrative Review; 2011-2012, 78 FR 77098, Compliance, International Trade 2015) (Initiation). 77099 (December 20, 2013), unchanged in AR3 Administration, U.S. Department of 2 Id., at 48493 and 48497 (emphasis added). Final Results. VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1

36262 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices and Compliance, International Trade upheld our AR3 Remand Notification to Interested Parties Administration, U.S. Department of Redetermination in its entirety.8 This notice is issued and published in Commerce, 1401 Constitution Avenue accordance with sections 516A(e)(1), Timken Notice NW., Washington, DC 20230; telephone 751(a)(1), and 777(i)(1) of the Act. (202) 482–5760 or (202) 482–1690, In its decision in Timken, as clarified Dated: May 31, 2016. respectively. by Diamond Sawblades, the CAFC held Paul Piquado, that, pursuant to section 516A(e) of the SUPPLEMENTARY INFORMATION: Assistant Secretary for Enforcement and Tariff Act of 1930, as amended (the Act), Compliance. Background the Department must publish a notice of [FR Doc. 2016–13279 Filed 6–3–16; 8:45 am] a court decision that is not ‘‘in On June 24, 2014, the Department harmony’’ with a Department BILLING CODE 3510–DS–P published the AR3 Final Results, in determination and must suspend which we assigned the PRC-wide rate of liquidation of entries pending a 164.09 percent to companies including DEPARTMENT OF COMMERCE ‘‘conclusive’’ court decision. The the ATM Single Entity that comprise the Court’s final judgment affirming the International Trade Administration PRC-wide entity.4 The ATM Single AR3 Remand Redetermination Entity challenged our decision to treat it constitutes the Court’s final decision [C–570–017] as part of the PRC-wide entity and which is not in harmony with the AR3 assign the PRC-wide rate to it. On Certain Passenger Vehicle and Light Final Results. This notice is published November 9, 2015, the Court remanded Truck Tires From the People’s in fulfillment of the publication the AR3 Final Results to the Department Republic of China: Initiation of requirements of Timken. Accordingly, to reconsider the PRC-wide rate in light Countervailing Duty New Shipper the Department will continue the of the remand redeterminations for the Review; 2014–2016 suspension of liquidation of the subject two previous reviews that the merchandise pending a final and AGENCY: Enforcement and Compliance, Department issued after the publication conclusive court decision. International Trade Administration, of the AR3 Final Results.5 In these two Department of Commerce. remand redeterminations, the Amended Final Results of Review SUMMARY: On February 25, 2016, the Department found that the ATM Single Because there is now a final court Department received a timely request Entity was not entitled to a separate rate decision, the Department is amending for a new shipper review (NSR) from and, therefore, was part of the PRC-wide the AR3 Final Results with respect to Shandong Xinghongyuan Tire Co., Ltd. entity, and revised the PRC-wide rate the PRC-wide entity, which includes the (SXT), in accordance with section using the simple average of the margins ATM Single Entity, as follows: 751(a)(2)(B)(i) of the Tariff Act of 1930, that had been calculated for the ATM as amended (the Act), and 19 CFR Single Entity in the underlying Weighted- 351.214(c). The Department of administrative reviews and the petition average Commerce (the Department) has rate in the less-than-fair-value Exporter dumping determined that the request for a NSR of investigation, i.e., 164.09 percent.6 On margin the countervailing duty order on certain (%) remand for the third administrative passenger vehicle and light truck tires review, the Department revised the PRC- PRC-Wide Entity (which in- (passenger tires) from the People’s wide rate consistent with the cludes the ATM Single En- Republic of China (PRC) meets the immediately preceding administrative tity) .................................... 82.05 statutory and regulatory requirements review, i.e., the second administrative for initiation. The period of review review.7 On May 11, 2016, the Court In the event the Court’s ruling is not (POR) is December 1, 2014, through appealed or, if appealed, upheld by a January 31, 2016. 4 See AR3 Final Results, 79 FR at 35724, n.7. final and conclusive court decision, the DATES: Effective Date: June 6, 2016. 5 See Gang Yan Diamond Products, Inc. v. United Department will instruct the U.S. FOR FURTHER INFORMATION CONTACT: States, Court No. 14–00148, slip op. 15–127 (Ct. Mark Hoadley, AD/CVD Operations, Int’l Trade Nov. 9, 2015). Customs and Border Protection to assess 6 See Final Results of Redetermination pursuant antidumping duties on unliquidated Office VII, Enforcement and to Diamond Sawblades Manufacturers’ Coalition v. entries of subject merchandise based on Compliance, International Trade United States, Court No. 13–00078, slip op. 14–50 the revised rate the Department Administration, U.S. Department of (Ct. Int’l Trade Apr. 29, 2014), dated April 10, 2015, Commerce, 14th Street and Constitution and available at http://enforcement.trade.gov/ determined and listed above. remands/14-50.pdf, aff’d, Diamond Sawblades Avenue NW., Washington, DC 20230; Cash Deposit Requirements telephone: (202) 482–3148. Manufacturers’ Coalition v. United States, Court No. 13–00078, slip op. 15–105 (Ct. Int’l Trade Sept. SUPPLEMENTARY INFORMATION: 23, 2015), and Final Remand Redetermination The current cash deposit rate for the pursuant to Diamond Sawblades Manufacturers PRC-wide entity is 82.05 percent, and Background Coalition v. United States, Court No. 13–00241, slip thus same as the cash deposit rate op. 14–112 (Ct. Int’l Trade Sept. 23, 2014), dated The Department published the established in the AR3 Remand May 18, 2015, and available at http:// countervailing duty order on passenger enforcement.trade.gov/remands/14-112.pdf, aff’d, Redetermination.9 Therefore, there is no tires from the PRC in the Federal Diamond Sawblades Manufacturers’ Coalition v. need to update the cash deposit rate for Register on August 10, 2015.1 On United States, Court No. 13–00241, slip op. 15–116 the PRC-wide entity as a result of these sradovich on DSK3TPTVN1PROD with NOTICES (Ct. Int’l Trade Oct. 21, 2015). February 25, 2016, pursuant to section 7 See AR3 Remand Redetermination. See also amended final results. Diamond Sawblades and Parts Thereof from the 1 See Certain Passenger Vehicle and Light Truck 8 See Gang Yan Diamond Products, Inc., 2016 Ct. People’s Republic of China: Notice of Court Tires From the People’s Republic of China: Decision Not in Harmony With the Final Results of Intl. Trade LEXIS 49. Amended Final Affirmative Antidumping Duty Review and Amended Final Results of the 9 See Diamond Sawblades and Parts Thereof Determination and Antidumping Duty Order; and Antidumping Duty Administrative Review, 81 FR From the People’s Republic of China; Final Results Amended Final Affirmative Countervailing Duty 2843 (January 19, 2016), for the revision of the PRC- of Antidumping Duty Administrative Review; 2012– Determination and Countervailing Duty Order, 80 wide rate for the second administrative review. 2013, 80 FR 32344, 32345 (June 8, 2015). FR 47902 (August 10, 2015). VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1


Document Created: 2016-06-04 00:16:44
Document Modified: 2016-06-04 00:16:44
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
ContactYang Jin Chun or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5760 or (202) 482-1690, respectively.
FR Citation81 FR 36261 
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