81 FR 44843 - Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination and Notice of Amended Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range		44843-44844
FR Document		2016-16443

On June 22, 2016, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department'') final results of redetermination pursuant to remand of the final determination in the antidumping duty investigation of boltless steel shelving units from the PRC.\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 (CAFC 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Determination and is amending the Final Determination of the antidumping duty investigation of boltless steel shelving units from the People's Republic of China (``PRC'') with respect to the countervailing duty export subsidy adjustments applied to the cash deposit rates calculated for the Final Determination.\2\ ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)

[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44843-44844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16443]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-018]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Notice of Court Decision Not in Harmony 
With Final Determination and Notice of Amended Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 22, 2016, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department'') final results of redetermination pursuant to remand of 
the final determination in the antidumping duty investigation of 
boltless steel shelving units from the PRC.\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 (CAFC

[[Page 44844]]

2010) (``Diamond Sawblades''), the Department is notifying the public 
that the final judgment in this case is not in harmony with the 
Department's Final Determination and is amending the Final 
Determination of the antidumping duty investigation of boltless steel 
shelving units from the People's Republic of China (``PRC'') with 
respect to the countervailing duty export subsidy adjustments applied 
to the cash deposit rates calculated for the Final Determination.\2\
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    \1\ See Final Results of Redetermination Pursuant To Court 
Remand issued by the Department of Commerce (May 27, 2016), 
available at http://enforcement.trade.gov/remands/15-00298.pdf 
(``Final Remand Results'').
    \2\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 80 FR 51779 (August 26, 2015) (``Final 
Determination'').

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DATES:  Effective Date: July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Office V, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: On April 19, 2016, the CIT remanded this 
case to the Department, based on a request for voluntary remand, to 
reconsider the amount of the export subsidy adjustments used to 
calculate cash deposit rates for respondents.\3\ Pursuant to the Final 
Remand Results, we reconsidered our export subsidy adjustments, as 
applied in the Final Determination, and revised our Final Determination 
cash deposit calculations, adjusted for export subsidies, in accordance 
with the established policy and practice articulated in Drawn Stainless 
Steel Sinks from the People's Republic of China: Antidumping Duty 
Investigation, 77 FR 60673 (October 4, 2012) (``PRC Sinks''). The CIT 
sustained the Department's Final Remand Results on June 22, 2016, 
making the effective date of this notice July 5, 2016.
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    \3\ See Edsal Manufacturing Co., Inc., v. United States, Court 
No. 15-00298 (April 18, 2016) (``Remand Opinion and Order'').
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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) 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 CIT's June 22, 2016, judgment 
sustaining the Department's Final Remand Results constitutes a final 
decision of that court that is not in harmony with the Department's 
Final Determination. 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 the expiration of the period of appeal, or if appealed, pending 
a final and conclusive court decision.

Amended Final Determination

    Because there is now a final court decision, we are amending the 
Final Determination with respect to the amount of the export subsidy 
adjustments applied to the calculated cash deposit rates, in accordance 
with the Final Remand Results. Based on our applied practice in PRC 
Sinks, the proper adjustments to the AD cash deposits in the Final 
Determination of this investigation, as noted in the Final Remand 
Results, are as follows:
    (1) For Zhongda United Holding Group Co., Ltd. (``Zhongda''), we 
reduced the AD cash deposit rate by the simple average of the export 
subsidy rates determined for the mandatory respondents in the companion 
CVD investigation. This adjustment is: 17.55 percent minus 0.02 
percent,\4\ resulting in an adjusted AD cash deposit rate of 17.53 
percent;
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    \4\ In the companion countervailing duty (``CVD'') 
investigation, Zhongda was not a mandatory respondent and received 
the calculated ``all-others'' export subsidy rate of 0.02 percent, 
which should be used to adjust Zhongda's calculated AD cash deposit 
rate. See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Final Affirmative Countervailing 
Duty Determination, 80 FR 51775 (August 26, 2015) (``CVD Final'') 
and accompanying Issues and Decision Memorandum at 18-22. In the CVD 
Final, the export subsidy rates determined for the mandatory 
respondents was 0.00 percent and 0.04 percent, the simple average of 
which is 0.02 percent.
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    (2) For the other producer/exporter combinations receiving a 
separate rate we also reduced the AD cash deposit rate, which is based 
on the 17.55 percent calculated rate for Zhongda, by the simple average 
of the export subsidy rates determined for the mandatory respondents in 
the companion CVD investigation. This adjustment is: 17.55 percent 
minus 0.02 percent,\5\ percent resulting in an adjusted AD cash deposit 
rate of 17.53 percent; and
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    \5\ Id.
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    (3) For the PRC-wide entity (including Nanjing Topsun Racking 
Manufacturing Co., Ltd.), which received an adverse facts available 
rate based on information contained in the Petition, as an extension of 
the adverse inference found necessary pursuant to section 776(b) of the 
Act, the Department has adjusted the PRC-wide entity's AD cash deposit 
rate by the lowest export subsidy rate determined for any party in the 
companion CVD proceeding, which was 0.00 percent. Accordingly, the AD 
cash deposit rate of 112.68 percent is not adjusted, as an extension of 
the adverse inference found necessary under section 776(b) of the Act.
    In the event the CIT's ruling is not appealed, the Department will 
instruct CBP to require cash deposits equal to the estimated amount by 
which the normal value exceeds the U.S. price as indicated in the Final 
Determination, adjusted where appropriate for the export subsidies 
noted above.\6\ These instructions suspending liquidation will remain 
in effect until further notice.
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    \6\ See also Final Remand Results (describing the adjustments to 
the AD duty margins in more detail); see also sections 772(c)(1)(C) 
and 777A(f) of the Act, respectively. Unlike in administrative 
reviews, the Department calculates the adjustment for export 
subsidies in investigations not in the margin calculation program, 
but in the cash deposit instructions issued to CBP. See, e.g., 
Notice of Final Determination of Sales at Less Than Fair Value, and 
Negative Determination of Critical Circumstances: Certain Lined 
Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

Ralph K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16443 Filed 7-7-16; 4:15 pm]
 BILLING CODE 3510-DS-P

44844 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

2010) (‘‘Diamond Sawblades’’), the notice is published in fulfillment of the companion CVD proceeding, which was
Department is notifying the public that publication requirements of Timken. 0.00 percent. Accordingly, the AD cash
the final judgment in this case is not in Accordingly, the Department will deposit rate of 112.68 percent is not
harmony with the Department’s Final continue the suspension of liquidation adjusted, as an extension of the adverse
Determination and is amending the of the subject merchandise pending the inference found necessary under section
Final Determination of the antidumping expiration of the period of appeal, or if 776(b) of the Act.
duty investigation of boltless steel appealed, pending a final and In the event the CIT’s ruling is not
shelving units from the People’s conclusive court decision. appealed, the Department will instruct
Republic of China (‘‘PRC’’) with respect CBP to require cash deposits equal to
Amended Final Determination
to the countervailing duty export the estimated amount by which the
subsidy adjustments applied to the cash Because there is now a final court normal value exceeds the U.S. price as
deposit rates calculated for the Final decision, we are amending the Final indicated in the Final Determination,
Determination.2 Determination with respect to the adjusted where appropriate for the
DATES: Effective Date: July 5, 2016. amount of the export subsidy export subsidies noted above.6 These
FOR FURTHER INFORMATION CONTACT:
adjustments applied to the calculated instructions suspending liquidation will
Irene Gorelik, Office V, Enforcement cash deposit rates, in accordance with remain in effect until further notice.
and Compliance, International Trade the Final Remand Results. Based on our This notice is issued and published in
Administration, U.S. Department of applied practice in PRC Sinks, the accordance with sections 516A(e)(1),
Commerce, 14th Street and Constitution proper adjustments to the AD cash 751(a)(1), and 777(i)(1) of the Act.
Avenue NW., Washington, DC 20230; deposits in the Final Determination of
this investigation, as noted in the Final Ralph K. Lorentzen,
telephone: (202) 482–6905.
Remand Results, are as follows: Acting Assistant Secretary for Enforcement
SUPPLEMENTARY INFORMATION: On April (1) For Zhongda United Holding and Compliance.
19, 2016, the CIT remanded this case to Group Co., Ltd. (‘‘Zhongda’’), we [FR Doc. 2016–16443 Filed 7–7–16; 4:15 pm]
the Department, based on a request for reduced the AD cash deposit rate by the BILLING CODE 3510–DS–P
voluntary remand, to reconsider the simple average of the export subsidy
amount of the export subsidy rates determined for the mandatory
adjustments used to calculate cash respondents in the companion CVD DEPARTMENT OF COMMERCE
deposit rates for respondents.3 Pursuant investigation. This adjustment is: 17.55
to the Final Remand Results, we percent minus 0.02 percent,4 resulting National Oceanic and Atmospheric
reconsidered our export subsidy in an adjusted AD cash deposit rate of Administration
adjustments, as applied in the Final 17.53 percent;
Determination, and revised our Final RIN 0648–XE718
(2) For the other producer/exporter
Determination cash deposit combinations receiving a separate rate
calculations, adjusted for export North Pacific Fishery Management
we also reduced the AD cash deposit Council; Public Meeting
subsidies, in accordance with the rate, which is based on the 17.55
established policy and practice percent calculated rate for Zhongda, by AGENCY: National Marine Fisheries
articulated in Drawn Stainless Steel the simple average of the export subsidy Service (NMFS), National Oceanic and
Sinks from the People’s Republic of rates determined for the mandatory Atmospheric Administration (NOAA),
China: Antidumping Duty Investigation, respondents in the companion CVD Commerce.
77 FR 60673 (October 4, 2012) (‘‘PRC investigation. This adjustment is: 17.55 ACTION: Notice of public meeting.
Sinks’’). The CIT sustained the percent minus 0.02 percent,5 percent
Department’s Final Remand Results on resulting in an adjusted AD cash deposit SUMMARY: The North Pacific Fishery
June 22, 2016, making the effective date rate of 17.53 percent; and Management Council (Council)
of this notice July 5, 2016. (3) For the PRC-wide entity (including Electronic Monitoring Workgroup
Timken Notice Nanjing Topsun Racking Manufacturing (EMWG) will hold a public meeting on
Co., Ltd.), which received an adverse July 26, 2016.
In its decision in Timken, 893 F.2d at facts available rate based on information
341, as clarified by Diamond Sawblades, DATES: The meeting will be at 1 p.m. on
contained in the Petition, as an Tuesday, July 26, 2016, and end at 5
the CAFC held that, pursuant to section extension of the adverse inference found
516A(e) Tariff Act of 1930, as amended p.m. on Thursday, July 28, 2016, to view
necessary pursuant to section 776(b) of the agenda, see SUPPLEMENTARY
(‘‘the Act’’), the Department must the Act, the Department has adjusted
publish a notice of a court decision that INFORMATION.
the PRC-wide entity’s AD cash deposit
is not ‘‘in harmony’’ with a Department rate by the lowest export subsidy rate ADDRESSES: The meeting will be held in
determination and must suspend the Susitna Room, at The Coast
determined for any party in the
liquidation of entries pending a International Inn, 3450 Aviation
‘‘conclusive’’ court decision. The CIT’s 4 In the companion countervailing duty (‘‘CVD’’) Avenue., Anchorage, Alaska 99502.
June 22, 2016, judgment sustaining the investigation, Zhongda was not a mandatory
Department’s Final Remand Results respondent and received the calculated ‘‘all-others’’ 6 See also Final Remand Results (describing the

constitutes a final decision of that court export subsidy rate of 0.02 percent, which should adjustments to the AD duty margins in more detail);
that is not in harmony with the be used to adjust Zhongda’s calculated AD cash see also sections 772(c)(1)(C) and 777A(f) of the Act,
deposit rate. See Boltless Steel Shelving Units respectively. Unlike in administrative reviews, the
Department’s Final Determination. This Prepackaged for Sale from the People’s Republic of Department calculates the adjustment for export
sradovich on DSK3GDR082PROD with NOTICES

China: Final Affirmative Countervailing Duty subsidies in investigations not in the margin
2 See Boltless Steel Shelving Units Prepackaged Determination, 80 FR 51775 (August 26, 2015) calculation program, but in the cash deposit
for Sale from the People’s Republic of China: Final (‘‘CVD Final’’) and accompanying Issues and instructions issued to CBP. See, e.g., Notice of Final
Determination of Sales at Less Than Fair Value, 80 Decision Memorandum at 18–22. In the CVD Final, Determination of Sales at Less Than Fair Value,
FR 51779 (August 26, 2015) (‘‘Final the export subsidy rates determined for the and Negative Determination of Critical
Determination’’). mandatory respondents was 0.00 percent and 0.04 Circumstances: Certain Lined Paper Products from
3 See Edsal Manufacturing Co., Inc., v. United percent, the simple average of which is 0.02 India, 71 FR 45012 (August 8, 2006), and
States, Court No. 15–00298 (April 18, 2016) percent. accompanying Issues and Decision Memorandum at
(‘‘Remand Opinion and Order’’). 5 Id. Comment 1.

VerDate Sep<11>2014 16:55 Jul 08, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\11JYN1.SGM 11JYN1

Document Created: 2016-07-09 00:21:30
Document Modified: 2016-07-09 00:21:30

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
Contact		Irene Gorelik, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.
FR Citation		81 FR 44843

81 FR 44843 - Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination and Notice of Amended Final Determination

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 132 (July 11, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration