81 FR 4254 - Export Trade Certificate of Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 16 (January 26, 2016)
International Trade Administration
Federal Register Volume 81, Issue 16 (January 26, 2016)
| Page Range | 4254-4255 | |
| FR Document | 2016-01570 |
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)] [Notices] [Pages 4254-4255] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01570] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [Application No. 97-13A03] Export Trade Certificate of Review ACTION: Notice of Application for an Amended Export Trade Certificate of Review by Association for the Administration of Rice Quotas, Inc. (``AARQ''), Application No. 97-13A03. ----------------------------------------------------------------------- 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 AARQ. 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 [[Page 4255]] 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 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 97-13A03.'' Summary of the Application Applicant: Association for the Administration of Rice Quotas, Inc. Contact: c/o Matthew R. Elkin and Peter G. Mattocks, Morgan Lewis & Bockius LLP, 2020 K Street NW., Washington DC 20006. Application No.: 97-13A03. Date Deemed Submitted: January 11, 2016. AARQ seeks to amend its Certificate by making the following changes to the list of Members covered by the Certificate: 1. Deleting the following Members from its Certificate: a. Family & Sons, Inc., Miami, Florida b. Noble Logistics USA, Inc., Portland Oregon c. Rickmers Rice USA, Inc., Knoxville, Tennessee d. Texana Rice, Inc., Louise, Texas 2. Changing Nishimoto Trading Co., Ltd., Santa Fe Springs, California (a subsidiary of Nishimoto Trading Company, Ltd. (Japan) to Nishimoto Trading Co., Ltd. dba Wismettac Asian Foods, Santa Fe Springs, California (a subsidiary of Nishimoto Trading Company, Ltd. (Japan) 3. Changing PS International, LLC dba PS International Ltd., Chapel Hill, North Carolina (jointly owned by Seaboard Corporation, Kansas City Missouri and PS Trading Inc., Chapel Hill, North Carolina) to Interra International, LLC, Chapel Hill, North Carolina 4. Changing TRC Trading Corporation, Roseville, California (a subsidiary of TRC Group Inc., Roseville, California) and its subsidiary Gulf Rice Arkansas II, LLC, Houston, Texas to TRC Trading Corporation, Roseville, California (a subsidiary of TRC Group Inc., Roseville, California) and its subsidiary Gulf Rice Arkansas II, LLC, Crawfordsville, Arkansas 5. Changing Veetee Rice, Inc., Great Neck, New York (a subsidiary of Veetee Investments Corporation (Bahamas)) to Veetee Foods Inc., Islandia, New York (a subsidiary of Veetee Investments Corporation (Bahamas)) AARQ's proposed amendment of its Export Trade Certificate of Review would result in the following entities as Members under the Certificate: 1. ADM Latin, Inc., Decatur, Illinois, ADM Grain Company, Decatur, Illinois, and ADM Rice, Inc., Tarrytown, New York (subsidiaries of Archer Daniels Midland Company) 2. American Commodity Company, LLC, Williams, California 3. Associated Rice Marketing Cooperative (ARMCO), Richvale, California 4. Bunge Milling, Saint Louis, Missouri (a subsidiary of Bunge North America, White Plains, New York), dba PIRMI (Pacific International Rice Mills), Woodland, California 5. Cargill Americas, Inc., and its subsidiary CAI Trading, LLC, Coral Gables, Florida 6. Farmers' Rice Cooperative, Sacramento, California 7. Farmers Rice Milling Company, Inc., Lake Charles, Louisiana 8. Far West Rice, Inc., Durham, California 9. Gulf Pacific Rice Co., Inc., Houston, Texas; Gulf Rice Milling, Inc., Houston, Texas; and Harvest Rice, Inc., McGehee, Arkansas (each a subsidiary of Gulf Pacific, Inc., Houston, Texas) 10. Gulf Pacific Disc, Inc., Houston, Texas 11. Itochu International Inc., Portland, Oregon (a subsidiary of Itochu Corporation (Japan)) 12. JFC International Inc., Los Angeles, California (a subsidiary of Kikkoman Corp.) 13. JIT Products, Inc., Davis, California 14. Kennedy Rice Dryers, L.L.C., Mer Rouge, Louisiana 15. Kitoku America, Inc., Burlingame, California (a subsidiary of Kitoku Shinryo Co., Ltd. (Japan)) 16. LD Commodities Rice Merchandising LLC, Wilton, Connecticut, and LD Commodities Interior Rice Merchandising LLC, Kansas City, Missouri (subsidiaries of Louis Dreyfus Commodities LLC, Wilton, Connecticut) 17. Louisiana Rice Mill, LLC, Mermentau, Louisiana 18. Nidera US LLC, Wilton, Connecticut (a subsidiary of Nidera BV (Netherlands)) 19. Nishimoto Trading Co., Ltd. dba Wismettac Asian Foods, Santa Fe Springs, California (a subsidiary of Nishimoto Trading Company, Ltd. (Japan) 20. Producers Rice Mill, Inc., Stuttgart, Arkansas 21. Interra International, LLC, Chapel Hill, North Carolina 22. Riceland Foods, Inc., Stuttgart, Arkansas 23. Riviana Foods Inc., Houston, Texas (a subsidiary of Ebro Foods, S.A. (Spain)), for the activities of itself and its subsidiary, American Rice, Inc., Houston, Texas 24. Sinamco Trading Inc., Minneapolis, Minnesota 25. SunFoods LLC, Woodland, California 26. SunWest Foods, Inc., Davis, California 27. The Sun Valley Rice Co., LLC, Arbuckle, California 28. TRC Trading Corporation, Roseville, California (a subsidiary of TRC Group Inc., Roseville, California) and its subsidiary Gulf Rice Arkansas II, LLC, Crawfordsville, Arkansas 29. Veetee Foods Inc., Islandia, New York (a subsidiary of Veetee Investments Corporation (Bahamas)) 30. Wehah Farm, Inc., dba Lundberg Family Farms, Richvale, California Dated: January 20, 2016. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration. [FR Doc. 2016-01570 Filed 1-25-16; 8:45 am] BILLING CODE 3510-DR-P
![4254 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices
‘‘flaws in the Department’s analysis’’ 13 that is not in harmony with the DEPARTMENT OF COMMERCE
with respect to each of the six criteria Department’s Final Results. This notice
comprising the Department’s substantial is published in fulfillment of the International Trade Administration
transformation test, the Court instructed publication requirements of Timken. [Application No. 97–13A03]
the Department to ‘‘reach a new country
of origin determination because the Amended Final Results Export Trade Certificate of Review
record lacked substantial evidence to
Because there is now a final court
support the Department’s determination ACTION:Notice of Application for an
decision with respect to this case, the Amended Export Trade Certificate of
that the TRBs which achieved final
processing in Thailand were products of Department is amending the Final Review by Association for the
China for purposes of the antidumping Results with respect to CPZ in this case. Administration of Rice Quotas, Inc.
duty order.’’ 14 Consistent with the CIT’s The revised weighted-average dumping (‘‘AARQ’’), Application No. 97–13A03.
remand order, the Department under margin for the June 1, 2007, through
protest redetermined the country of May 31, 2008, period of review is as SUMMARY: The Secretary of Commerce,
origin for certain merchandise under follows: through the International Trade
review and revised the dumping margin Administration, Office of Trade and
calculations to exclude U.S. sales of Final Economic Analysis (OTEA), has
TRBs further processed in Thailand.15 Exporter percent received an application for an amended
margin Export Trade Certificate of Review
In particular, the Department revised its
findings with respect to five of the six (‘‘Certificate’’) from AARQ. This notice
Peer Bearing Company—
criteria in its substantial transformation Changshan .............................. 6.24
summarizes the proposed amendment
test, consistent with the Court’s order. and seeks public comments on whether
Along with the surrogate value changes the amended Certificate should be
The Department will continue the issued.
sustained in CPZ 07–08 II, the
suspension of liquidation of the subject
Department calculated a weighted- FOR FURTHER INFORMATION CONTACT:
average dumping margin for CPZ of 6.24 merchandise pending the expiration of
Joseph E. Flynn, Director, Office of
percent.16 the period of appeal or, if appealed,
Trade and Economic Analysis,
On December 21, 2015, the CIT issued pending a final and conclusive court
International Trade Administration, by
its decision in CPZ 07–08 III, in which decision. In the event the Court’s ruling telephone at (202) 482–5131 (this is not
it sustained the Department’s Second is not appealed or, if appealed, upheld a toll-free number) or email at etca@
Remand Redetermination. The Court by the CAFC, the Department will trade.gov.
concluded that though the Department instruct U.S. Customs and Border
made certain errors in construing the Protection to assess antidumping duties SUPPLEMENTARY INFORMATION: Title III of
Court’s opinion, the Department on unliquidated entries of subject the Export Trading Company Act of
reached an ultimate determination that 1982 (15 U.S.C. Sections 4001–21)
merchandise exported by the above
is supported by substantial evidence on authorizes the Secretary of Commerce to
listed exporters at the rate listed above.
the record and that accords with a issue Export Trade Certificates of
reasonable, rather than expansive, Cash Deposit Requirements Review. An Export Trade Certificate of
interpretation of the scope of the Review protects the holder and the
In September 2008, Peer Bearing members identified in the Certificate
antidumping duty order.17
Company—Changshan was acquired by from State and Federal government
Timken Notice AB SKF, and the Department antitrust actions and from private treble
In its decision in Timken, 893 F.2d at determined via a successor-in-interest damage antitrust actions for the export
341, as clarified by Diamond Sawblades, analysis that the post-acquisition entity conduct specified in the Certificate and
the CAFC held that, pursuant to section was not its successor in interest to the carried out in compliance with its terms
516A(e) of the Tariff Act of 1930, as pre-acquisition exporter. As a and conditions. The regulations
amended (‘‘the Act’’), the Department consequence, Peer Bearing Company— implementing Title III are found at 15
must publish a notice of a court Changshan effectively no longer exists, CFR part 325 (2016). Section 302(b)(1)
decision that is not ‘‘in harmony’’ with and its cash deposit rate does not need of the Export Trading Company Act of
a Department determination and must to be updated as a result of these 1982 and 15 CFR 325.6(a) require the
suspend liquidation of entries pending amended final results. Secretary to publish a notice in the
a ‘‘conclusive’’ court decision. The CIT’s Federal Register identifying the
December 21, 2015, judgment in this Notification to Interested Parties applicant and summarizing its
case constitutes a final court decision application. Under 15 CFR 325.6 (a),
This notice is issued and published in
interested parties may, within twenty
13 Id., 914 F. Supp. 2d at 1351. The Government accordance with sections 516A(e), days after the date of this notice, submit
subsequently moved for clarification regarding 751(a)(1), and 777(i)(1) of the Act. written comments to the Secretary
whether the Court in CPZ 07–08 II required the
Department to find that TRBs were substantially Dated: January 13, 2016. through OTEA on the application.
transformed in Thailand, or whether the Court Paul Piquado, Request For Public Comments:
permitted the Department to make new findings
Assistant Secretary for Enforcement and
Interested parties may submit written
under each of the substantial transformation comments relevant to the determination
criteria. On February 13, 2014, the Court responded Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
to the Government’s motion, though the Court did [FR Doc. 2016–01573 Filed 1–25–16; 8:45 am]
whether an amended Certificate should
not modify its previous ruling or provide further be issued. If the comments include any
BILLING CODE P
clarification. See Peer Bearing Company— privileged or confidential business
Changshan v. United States, Court No. 10–00013,
Slip Op. 14–15 (CIT 2014).
information, it must be clearly marked
14 See CPZ 07–08 II, 914 F. Supp. 2d at 1356. and a nonconfidential version of the
15 See Second Remand Redetermination at 33. comments (identified as such) should be
16 Id. included. Any comments not marked as
17 See CPZ 07–08 III, at 30. privileged or confidential business
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![Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices 4255
information will be deemed to be TRC Group Inc., Roseville, 18. Nidera US LLC, Wilton, Connecticut
nonconfidential. California) and its subsidiary Gulf (a subsidiary of Nidera BV
An original and five (5) copies, plus Rice Arkansas II, LLC, (Netherlands))
two (2) copies of the nonconfidential Crawfordsville, Arkansas 19. Nishimoto Trading Co., Ltd. dba
version, should be submitted no later 5. Changing Veetee Rice, Inc., Great Wismettac Asian Foods, Santa Fe
than 20 days after the date of this notice Neck, New York (a subsidiary of Springs, California (a subsidiary of
to: Office of Trade and Economic Veetee Investments Corporation Nishimoto Trading Company, Ltd.
Analysis, International Trade (Bahamas)) to Veetee Foods Inc., (Japan)
Administration, U.S. Department of Islandia, New York (a subsidiary of 20. Producers Rice Mill, Inc., Stuttgart,
Commerce, Room 21028, Washington, Veetee Investments Corporation Arkansas
DC 20230. (Bahamas)) 21. Interra International, LLC, Chapel
Information submitted by any person AARQ’s proposed amendment of its Hill, North Carolina
is exempt from disclosure under the Export Trade Certificate of Review 22. Riceland Foods, Inc., Stuttgart,
Freedom of Information Act (5 U.S.C. would result in the following entities as Arkansas
552). However, nonconfidential versions Members under the Certificate: 23. Riviana Foods Inc., Houston, Texas
of the comments will be made available (a subsidiary of Ebro Foods, S.A.
1. ADM Latin, Inc., Decatur, Illinois,
to the applicant if necessary for (Spain)), for the activities of itself
ADM Grain Company, Decatur,
determining whether or not to issue the and its subsidiary, American Rice,
Illinois, and ADM Rice, Inc.,
amended Certificate. Comments should Inc., Houston, Texas
Tarrytown, New York (subsidiaries
refer to this application as ‘‘Export 24. Sinamco Trading Inc., Minneapolis,
of Archer Daniels Midland
Trade Certificate of Review, application Minnesota
Company)
number 97–13A03.’’ 2. American Commodity Company, LLC, 25. SunFoods LLC, Woodland,
Summary of the Application Williams, California California
3. Associated Rice Marketing 26. SunWest Foods, Inc., Davis,
Applicant: Association for the California
Cooperative (ARMCO), Richvale,
Administration of Rice Quotas, Inc. 27. The Sun Valley Rice Co., LLC,
California
Contact: c/o Matthew R. Elkin and 4. Bunge Milling, Saint Louis, Missouri Arbuckle, California
Peter G. Mattocks, Morgan Lewis & (a subsidiary of Bunge North 28. TRC Trading Corporation, Roseville,
Bockius LLP, 2020 K Street NW., America, White Plains, New York), California (a subsidiary of TRC
Washington DC 20006. dba PIRMI (Pacific International Group Inc., Roseville, California)
Application No.: 97–13A03. and its subsidiary Gulf Rice
Date Deemed Submitted: January 11, Rice Mills), Woodland, California
5. Cargill Americas, Inc., and its Arkansas II, LLC, Crawfordsville,
2016. Arkansas
AARQ seeks to amend its Certificate subsidiary CAI Trading, LLC, Coral
Gables, Florida 29. Veetee Foods Inc., Islandia, New
by making the following changes to the
6. Farmers’ Rice Cooperative, York (a subsidiary of Veetee
list of Members covered by the
Sacramento, California Investments Corporation
Certificate: 7. Farmers Rice Milling Company, Inc.,
1. Deleting the following Members from (Bahamas))
Lake Charles, Louisiana 30. Wehah Farm, Inc., dba Lundberg
its Certificate: 8. Far West Rice, Inc., Durham, Family Farms, Richvale, California
a. Family & Sons, Inc., Miami, Florida California
b. Noble Logistics USA, Inc., Portland Dated: January 20, 2016.
9. Gulf Pacific Rice Co., Inc., Houston,
Oregon Texas; Gulf Rice Milling, Inc., Joseph Flynn,
c. Rickmers Rice USA, Inc., Knoxville, Houston, Texas; and Harvest Rice, Director, Office of Trade and Economic
Tennessee Inc., McGehee, Arkansas (each a Analysis, International Trade Administration.
d. Texana Rice, Inc., Louise, Texas subsidiary of Gulf Pacific, Inc., [FR Doc. 2016–01570 Filed 1–25–16; 8:45 am]
2. Changing Nishimoto Trading Co., Houston, Texas) BILLING CODE 3510–DR–P
Ltd., Santa Fe Springs, California (a 10. Gulf Pacific Disc, Inc., Houston,
subsidiary of Nishimoto Trading Texas
Company, Ltd. (Japan) to Nishimoto 11. Itochu International Inc., Portland, DEPARTMENT OF COMMERCE
Trading Co., Ltd. dba Wismettac Oregon (a subsidiary of Itochu
Asian Foods, Santa Fe Springs, Corporation (Japan)) International Trade Administration
California (a subsidiary of 12. JFC International Inc., Los Angeles, [A–583–856]
Nishimoto Trading Company, Ltd. California (a subsidiary of
(Japan) Kikkoman Corp.) Certain Corrosion-Resistant Steel
3. Changing PS International, LLC dba 13. JIT Products, Inc., Davis, California Products From Taiwan: Postponement
PS International Ltd., Chapel Hill, 14. Kennedy Rice Dryers, L.L.C., Mer of Final Determination of Sales at Less
North Carolina (jointly owned by Rouge, Louisiana Than Fair Value
Seaboard Corporation, Kansas City 15. Kitoku America, Inc., Burlingame,
Missouri and PS Trading Inc., California (a subsidiary of Kitoku AGENCY: Enforcement and Compliance,
Chapel Hill, North Carolina) to Shinryo Co., Ltd. (Japan)) International Trade Administration,
Interra International, LLC, Chapel 16. LD Commodities Rice Department of Commerce.
mstockstill on DSK4VPTVN1PROD with NOTICES
Hill, North Carolina Merchandising LLC, Wilton, SUMMARY: The Department of Commerce
4. Changing TRC Trading Corporation, Connecticut, and LD Commodities (‘‘Department’’) is postponing the
Roseville, California (a subsidiary of Interior Rice Merchandising LLC, deadline for issuing the final
TRC Group Inc., Roseville, Kansas City, Missouri (subsidiaries determination in the less-than-fair-value
California) and its subsidiary Gulf of Louis Dreyfus Commodities LLC, (‘‘LTFV’’) investigation of certain
Rice Arkansas II, LLC, Houston, Wilton, Connecticut) corrosion-resistant steel products
Texas to TRC Trading Corporation, 17. Louisiana Rice Mill, LLC, (‘‘corrosion-resistant steel’’) from
Roseville, California (a subsidiary of Mermentau, Louisiana Taiwan.
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Document Created: 2018-02-02 12:38:00
Document Modified: 2018-02-02 12:38:00
| 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 | |
| Action | Notice of Application for an Amended Export Trade Certificate of Review by Association for the Administration of Rice Quotas, Inc. (``AARQ''), Application No. 97-13A03. | |
| 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] | |
| FR Citation | 81 FR 4254 |
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