81 FR 36519 - Diamond Sawblades and Parts Thereof 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 and Reinstatement of Order, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 109 (June 7, 2016)
International Trade Administration
Federal Register Volume 81, Issue 109 (June 7, 2016)
| Page Range | 36519-36521 | |
| FR Document | 2016-13534 |
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)] [Notices] [Pages 36519-36521] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13534] ----------------------------------------------------------------------- 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 Final Determination Under Section 129 of the Uruguay Round Agreements Act and Reinstatement of Order, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2016, the United States Court of International Trade (``the Court'') issued final judgment in Diamond Sawblades Manufacturers' Coalition v. United States, Court No. 13-00168,\1\ sustaining the Department of Commerce's (``the Department'') voluntary final remand results concerning the Implemented PRC Section 129 Determination.\2\ In the Final Section 129 Remand, the Department determined that it was appropriate to reinstate the partially revoked antidumping duty order (``the order'') on diamond sawblades and parts thereof (``diamond sawblades'') from the People's Republic of China (``PRC'') with respect to Advanced Technology & Materials Co., Ltd. (``AT&M'') \3\ where the basis for the Implemented PRC Section 129 Determination was no longer valid.\4\ --------------------------------------------------------------------------- \1\ See Diamond Sawblades Manufacturer's Coalition v. United States, Consol. Court No. 13-00168, Slip Op. 16-48 (CIT May 11, 2016) (``DSMC''). \2\ See Final Results Of Redetermination Pursuant To Diamond Sawblades Manufacturers' Coalition v. United States, Consol. Court No. 13-00168, Slip Op. 15-92 (CIT August 20, 2015), dated December 1, 2015, (``Final Section 129 Remand'') available at http://enforcement.trade.gov/remands/; Certain Frozen Warmwater Shrimp from the People's Republic of China and Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958 (March 28, 2013) (``Implemented PRC Section 129 Determination''). \3\ Collectively with Beijing Gang Yan Diamond Product Company and Yichang HXF Circular Saw Industrial Co., Ltd., a single entity. See Implemented PRC Section 129 Determination, 78 FR 18958, 18959 at n. 10. \4\ See Final Section 129 Remand. --------------------------------------------------------------------------- Consistent with the decision of the United States Court of Appeals for the [[Page 36520]] 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). Furthermore, the Department is reinstating the order with respect to AT&M.\5\ --------------------------------------------------------------------------- \5\ Who, was stated in the Implemented PRC Section 129 Determination was, collectively with Beijing Gang Yan Diamond Product Company and Yichang HXF Circular Saw Industrial Co., Ltd., a single entity. --------------------------------------------------------------------------- DATES: Effective Date: May 21, 2016. FOR FURTHER INFORMATION CONTACT: Andrew Devine, AD/CVD Operations 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- 0238. SUPPLEMENTARY INFORMATION: Background In the less-than-fair-value (``LTFV'') investigation, the Department determined that mandatory respondent AT&M was eligible for a separate rate, and calculated a separate estimated weighted-average dumping margin for it.\6\ Petitioner, the Diamond Sawblades Manufacturers' Coalition (``DSMC''), challenged the Department's separate-rate determination in court.\7\ Concurrently, the PRC challenged the Department's use of its ``zeroing'' methodology in calculating dumping margins in certain LTFV investigations before the World Trade Organization's (``WTO'') Dispute Settlement Body.\8\ Effective March 22, 2013, in response to the dispute settlement panel's findings and instructions by the United States Trade Representative (``USTR'') to implement the Department's determination under Section 129 of the URAA, the Department recalculated AT&M's weighted-average dumping margin from the LTFV investigation without the use of zeroing.\9\ Removing the zeroing methodology resulted in AT&M receiving a calculated dumping margin of zero.\10\ Consequently, the Department partially revoked the order with respect to AT&M. The DSMC challenged this determination before the Court. Additionally, in the ongoing litigation relating to the Department's separate-rate determination in the LTFV investigation, the Department reconsidered AT&M's separate rate eligibility and determined that AT&M had not rebutted the presumption of state control, and thus, was not eligible for a separate rate.\11\ The rate applicable to the PRC-wide entity in the LTFV investigation was based on information in the petition and did not involve zeroing.\12\ On October 11, 2013, the Court sustained the Department's redetermination that AT&M failed to rebut the presumption of state control, and therefore, was not eligible for a separate rate.\13\ On October 24, 2014, the Court of Appeals for the Federal Circuit (``CAFC'') affirmed the Court's decision.\14\ --------------------------------------------------------------------------- \6\ See Implemented PRC Section 129 Determination at 29306. \7\ See Advanced Technology & Materials Co. v. United States, 938 F. Supp. 2d 1342 (CIT 2013). \8\ See WTO Panel Report, United States--Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China, WT/DS422/R (June 8, 2012). \9\ See Certain Frozen Warmwater Shrimp from the People's Republic of China and Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958, 18960 (March 28, 2013). \10\ Id. \11\ See Final Results of Redetermination Pursuant to Remand Order Diamond Sawblades and Parts Thereof from the People's Republic of China, Advanced Tech. & Material Co. v. United States, CIT Ct. No. 09-511 (May 6, 2013) (``Advanced Tech. Remand'') available at http://enforcement.trade.gov/remands/12-147.pdf. \12\ See Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Preliminary Partial Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People's Republic of China, 70 FR 77121, 77129 (December 29, 2005) unchanged in Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People's Republic of China, 71 FR 29303 (May 22, 2006). \13\ See Advanced Technology & Materials Co. v. United States, 938 F. Supp. 2d 1342 (CIT 2013). \14\ See Advanced Technology & Materials Co. v. United States, 581 Fed. Appx. 900 (CAFC 2014) (Rule 36). --------------------------------------------------------------------------- In light of AT&M's ineligibility for a separate rate in the LTFV investigation, and the inapplicability of the separate-rate applied to AT&M in the LTFV investigation which served as the basis of the Department's Implemented PRC Section 129 determination, in the litigation concerning the Implemented PRC Section 129 determination, the United States moved for a voluntary remand to reconsider its partial revocation of the dumping order. The Court granted the United States' motion.\15\ --------------------------------------------------------------------------- \15\ See Diamond Sawblades Manufacturers Coalition v. United States, Court No. 13-00168, Slip op. 15-92 (August 20, 2015). --------------------------------------------------------------------------- On December 1, 2015, the Department issued the final results of redetermination in this section 129 remand and filed this remand with the Court.\16\ On May 11, 2016, the Court entered judgment sustaining the remand results.\17\ --------------------------------------------------------------------------- \16\ See Final Section 129 Remand. \17\ See Final Sustained Remand. --------------------------------------------------------------------------- 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 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 May 11, 2016, judgment sustaining the Final Section 129 Remand constitutes a final decision of the Court that is not in harmony with the Department's Implemented PRC Section 129 Determination.\18\ This notice is published in fulfillment of the publication requirement of Timken. --------------------------------------------------------------------------- \18\ See DSMC. --------------------------------------------------------------------------- Reinstatement of the Order In the Final Section 129 Remand, sustained by the Court,\19\ the Department determined that reinstatement of the order with regard to AT&M was appropriate.\20\ Accordingly, consistent with the Final Section 129 Remand and the decision by the Court sustaining that redetermination, the Department hereby reinstates the order as it applies to AT&M. Consistent with the Department's stated intention in the Final Section 129 Remand, this reinstatement of the order with regard to AT&M is effective as of March 22, 2013, which was the effective date of the partial revocation.\21\ --------------------------------------------------------------------------- \19\ See DSMC at 5-6. \20\ See Final Section 129 Remand; see also DSMC. \21\ See Final Section 129 Remand, at 6. --------------------------------------------------------------------------- Cash Deposit Requirements The Department will instruct U.S. Customs and Border Protection to require cash deposits at 82.05 percent, the current rate established for the PRC-wide entity.\22\ Pursuant to the Court's finding that the Department should have issued those instructions upon filing the redetermination with the Court, those instructions will be effective as of December 1, 2015, the date the remand [[Page 36521]] redetermination was filed with the Court. --------------------------------------------------------------------------- \22\ 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). --------------------------------------------------------------------------- Notification to Interested Parties 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: June 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-13534 Filed 6-6-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Notices 36519
3. Industry Presentations. Administration Act, as amended, that Dated: June 1, 2016.
4. New Business. deal with United States policies of Kevin J. Wolf,
Closed Session: encouraging trade with all countries Assistant Secretary for Export
5. Discussion of matters determined to with which the United States has Administration.
be exempt from the provisions relating diplomatic or trading relations and of [FR Doc. 2016–13398 Filed 6–6–16; 8:45 am]
to public meetings found in 5 U.S.C. controlling trade for national security BILLING CODE 3510–JT–P
app. 2 §§ 10(a)(1) and 10(a)(3). and foreign policy reasons.
The open session will be accessible
via teleconference to 20 participants on Agenda
DEPARTMENT OF COMMERCE
a first come, first serve basis. To join the Open Session
conference, submit inquiries to Ms. International Trade Administration
Yvette Springer at Yvette.Springer@ 1. Opening remarks by the Chairman
[A–570–900]
bis.doc.gov no later than July 19, 2016. and Vice Chairman.
A limited number of seats will be 2. Presentation of papers or comments Diamond Sawblades and Parts Thereof
available during the public session of by the Public. From the People’s Republic of China:
the meeting. Reservations are not Notice of Court Decision Not in
accepted. To the extent that time 3. Export Control Reform Update via
Video Teleconferencing. Harmony With Final Determination
permits, members of the public may Under Section 129 of the Uruguay
present oral statements to the 4. Status of and Commentary on
Round Agreements Act and
Committee. The public may submit Proposed Rules via Video
Reinstatement of Order, in Part
written statements at any time before or Teleconferencing.
after the meeting. However, to facilitate 5. Update on the Single Form via Video AGENCY: Enforcement and Compliance,
distribution of public presentation Teleconferencing. International Trade Administration,
materials to the Committee members, Department of Commerce.
6. Subcommittee Updates.
the Committee suggests that the SUMMARY: On May 11, 2016, the United
materials be forwarded before the Closed Session States Court of International Trade (‘‘the
meeting to Ms. Springer. Court’’) issued final judgment in
The Assistant Secretary for 7. Discussion of matters determined to
Diamond Sawblades Manufacturers’
Administration, with the concurrence of be exempt from the provisions
Coalition v. United States, Court No.
the General Counsel, formally relating to public meetings found in
13–00168,1 sustaining the Department
determined on November 5, 2015 5 U.S.C. app. 2 10(a)(1) and 10(a)(3).
of Commerce’s (‘‘the Department’’)
pursuant to Section 10(d) of the Federal The open session will be accessible voluntary final remand results
Advisory Committee Act, as amended (5 via teleconference to 25 participants on concerning the Implemented PRC
U.S.C. app. 2 § 10(d), that the portion of a first come, first served basis. To join Section 129 Determination.2 In the Final
this meeting dealing with pre-decisional the conference, submit inquiries to Ms. Section 129 Remand, the Department
changes to the Commerce Control List Yvette Springer at Yvette.Springer@ determined that it was appropriate to
and U.S. export control policies shall be bis.doc.gov no later than June 15, 2016. reinstate the partially revoked
exempt from the provisions relating to A limited number of seats will be antidumping duty order (‘‘the order’’)
public meetings found in 5 U.S.C. app. available for the public session. on diamond sawblades and parts thereof
2 §§ 10(a)(1) and 10(a)(3). The remaining Reservations are not accepted. To the (‘‘diamond sawblades’’) from the
portions of the meeting will be open to extent that time permits, members of the People’s Republic of China (‘‘PRC’’)
the public. public may present oral statements to with respect to Advanced Technology &
For more information contact Yvette the Committee. The public may submit Materials Co., Ltd. (‘‘AT&M’’) 3 where
Springer on (202) 482–2813. written statements at any time before or the basis for the Implemented PRC
Dated: June 2, 2016. after the meeting. However, to facilitate Section 129 Determination was no
Yvette Springer, the distribution of public presentation longer valid.4
materials to the Committee members, Consistent with the decision of the
Committee Liaison Officer.
the Committee suggests that presenters United States Court of Appeals for the
[FR Doc. 2016–13402 Filed 6–6–16; 8:45 am]
forward the public presentation
BILLING CODE P 1 See Diamond Sawblades Manufacturer’s
materials prior to the meeting to Ms.
Coalition v. United States, Consol. Court No. 13–
Springer via email. 00168, Slip Op. 16–48 (CIT May 11, 2016)
DEPARTMENT OF COMMERCE The Assistant Secretary for (‘‘DSMC’’).
Administration, with the concurrence of 2 See Final Results Of Redetermination Pursuant
Bureau of Industry and Security the delegate of the General Counsel, To Diamond Sawblades Manufacturers’ Coalition v.
United States, Consol. Court No. 13–00168, Slip
formally determined on March 9, 2016, Op. 15–92 (CIT August 20, 2015), dated December
President’s Export Council pursuant to Section 10(d) of the Federal 1, 2015, (‘‘Final Section 129 Remand’’) available at
Subcommittee on Export Advisory Committee Act, as amended (5 http://enforcement.trade.gov/remands/; Certain
Administration; Notice of Partially U.S.C. app. 2 § (10)(d)), that the portion Frozen Warmwater Shrimp from the People’s
Closed Meeting Republic of China and Diamond Sawblades and
of the meeting dealing with pre- Parts Thereof From the People’s Republic of China:
The President’s Export Council decisional changes to the Commerce Notice of Implementation of Determinations Under
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Subcommittee on Export Control List and U.S. export control Section 129 of the Uruguay Round Agreements Act
policies shall be exempt from the and Partial Revocation of the Antidumping Duty
Administration (PECSEA) will meet on Orders, 78 FR 18958 (March 28, 2013)
June 22, 2016, 9:15 a.m. (Pacific provisions relating to public meetings (‘‘Implemented PRC Section 129 Determination’’).
Daylight Time), at Dorsey & Whitney found in 5 U.S.C. app. 2 §§ 10(a)(1) and 3 Collectively with Beijing Gang Yan Diamond
LLP, 701 Fifth Avenue, Suite 6100, 10(a)(3). The remaining portions of the Product Company and Yichang HXF Circular Saw
meeting will be open to the public. Industrial Co., Ltd., a single entity. See
Seattle, WA 98104. The PECSEA Implemented PRC Section 129 Determination, 78
provides advice on matters pertinent to For more information, call Yvette FR 18958, 18959 at n. 10.
those portions of the Export Springer at (202) 482–2813. 4 See Final Section 129 Remand.
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redetermination was filed with the This information will help create better DEPARTMENT OF COMMERCE
Court. rip current products used by the
National Weather Service (NWS) to National Oceanic and Atmospheric
Notification to Interested Parties Administration
protect lives and prevent injury from rip
This notice is issued and published in currents. RIN 0648–XE663
accordance with sections 516A(e) and
777(i)(1) of the Act and section II. Method of Collection
Marine Mammals; File No. 18769
129(c)(2)(A) of the Uruguay Round The primary data collection vehicles
Agreements Act. will be an internet-based, public survey AGENCY: National Marine Fisheries
Dated: June 1, 2016. and face to face focus groups. The focus Service (NMFS), National Oceanic and
Paul Piquado, groups will target lifeguards and Atmospheric Administration (NOAA),
decision makers. Telephone and Commerce.
Assistant Secretary for Enforcement and
Compliance. personal interviews may be employed to ACTION: Notice; receipt of application.
[FR Doc. 2016–13534 Filed 6–6–16; 8:45 am] supplement and verify survey
SUMMARY: Notice is hereby given that
BILLING CODE 3510–DS–P responses.
Sea World, LLC., 9205 South Park
III. Data Center Loop, Suite 400, Orlando, FL
32819 [Christopher Dold, D.V.M.,
DEPARTMENT OF COMMERCE OMB Control Number: 0648–xxxx. Responsible Party], has applied in due
Form Number(s): None. form for a permit to continue
National Oceanic and Atmospheric
Administration Type of Review: Regular submission enhancement activities on three
(request for a new information currently held non-releasable
Proposed Information Collection; collection). Guadalupe fur seals (Arctocephalus
Comment Request; Rip Current Affected Public: Members of the townsendi) with the option of holding
Visualization Survey and Focus public. up to six non-releasable furs seals at any
Groups Estimated Number of Respondents: given time.
500 for the survey and 80 for the focus DATES: Written, telefaxed, or email
AGENCY: National Oceanic and
Atmospheric Administration (NOAA), groups. comments must be received on or before
Commerce. Estimated Time per Response: 30 July 7, 2016.
ACTION: Notice. minutes for the survey and 1.5 hours for ADDRESSES: The application and related
the focus groups. documents are available for review by
SUMMARY: The Department of Estimated Total Annual Burden selecting ‘‘Records Open for Public
Commerce, as part of its continuing Hours: 250 hours for the survey and 120 Comment’’ from the ‘‘Features’’ box on
effort to reduce paperwork and hours for the focus groups. the Applications and Permits for
respondent burden, invites the general Estimated Total Annual Cost to Protected Species (APPS) home page,
public and other Federal agencies to Public: $0 in recordkeeping/reporting https://apps.nmfs.noaa.gov, and then
take this opportunity to comment on costs. selecting File No. 18769 from the list of
proposed and/or continuing information available applications.
collections, as required by the IV. Request for Comments These documents are also available
Paperwork Reduction Act of 1995. Comments are invited on: (a) Whether upon written request or by appointment
DATES: Written comments must be the proposed collection of information in the Permits and Conservation
submitted on or before August 8, 2016. is necessary for the proper performance Division, Office of Protected Resources,
ADDRESSES: Direct all written comments of the functions of the agency, including NMFS, 1315 East-West Highway, Room
to Jennifer Jessup, Departmental whether the information shall have 13705, Silver Spring, MD 20910; phone
Paperwork Clearance Officer, practical utility; (b) the accuracy of the (301) 427–8401; fax (301) 713–0376.
Department of Commerce, Room 6616, Written comments on this application
agency’s estimate of the burden
14th and Constitution Avenue NW., should be submitted to the Chief,
(including hours and cost) of the
Washington, DC 20230 (or via the Permits and Conservation Division, at
proposed collection of information; (c)
Internet at JJessup@doc.gov). the address listed above. Comments may
ways to enhance the quality, utility, and
FOR FURTHER INFORMATION CONTACT:
also be submitted by facsimile to (301)
clarity of the information to be
Requests for additional information or 713–0376, or by email to
collected; and (d) ways to minimize the
copies of the information collection NMFS.Pr1Comments@noaa.gov. Please
burden of the collection of information
instrument and instructions should be include the File No. 18769 in the subject
on respondents, including through the
directed to Nicole Kurkowski, National line of the email comment.
use of automated collection techniques
Weather Service, ((301) 427–9104), Those individuals requesting a public
or other forms of information
nicole.kurkowski@noaa.gov. hearing should submit a written request
technology.
to the Chief, Permits and Conservation
SUPPLEMENTARY INFORMATION: Comments submitted in response to Division at the address listed above. The
I. Abstract this notice will be summarized and/or request should set forth the specific
included in the request for OMB reasons why a hearing on this
This is a request for a new collection
asabaliauskas on DSK3SPTVN1PROD with NOTICES
approval of this information collection; application would be appropriate.
of information. The objective of the they also will become a matter of public
survey and focus groups is to collect FOR FURTHER INFORMATION CONTACT:
record.
information on the current use and Jennifer Skidmore and Amy Sloan, (301)
knowledge of NOAA’s National Weather Dated: June 2, 2016. 427–8401.
Service (NWS) products and Sarah Brabson, SUPPLEMENTARY INFORMATION: The
perceptions of various rip current NOAA PRA Clearance Officer. subject permit is requested under the
products. The focus groups will ask [FR Doc. 2016–13368 Filed 6–6–16; 8:45 am] authority of the Marine Mammal
participants to explain their responses. BILLING CODE 3510–KE–P Protection Act of 1972, as amended
VerDate Sep<11>2014 19:13 Jun 06, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1](https://thefederalregister.org/doc/81_FR_36628/page/3.svg)
Document Created: 2018-02-08 07:31:32
Document Modified: 2018-02-08 07:31:32
| 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 Date: May 21, 2016. | |
| Contact | Andrew Devine, AD/CVD Operations 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- 0238. | |
| FR Citation | 81 FR 36519 |
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