81 FR 52402 - Aluminum Extrusions From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 152 (August 8, 2016)
International Trade Administration
Federal Register Volume 81, Issue 152 (August 8, 2016)
| Page Range | 52402-52403 | |
| FR Document | 2016-18788 |
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)] [Notices] [Pages 52402-52403] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18788] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-967; C-570-968] Aluminum Extrusions From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 18, 2016, the United States Court of International Trade (CIT) sustained the Department of Commerce's (Department) final results of redetermination in which the Department determined, under protest, that certain kitchen appliance door handles are not covered by the scope of the antidumping (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China. DATES: Effective Date: July 28, 2016. FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-3965. SUPPLEMENTARY INFORMATION: Background On June 21, 2013, the Department issued a final scope ruling in which it determined that three types of kitchen appliance door handles (Types A, B, and C) imported by Meridian are within the scope of the Orders \1\ and did not meet the scope exclusions for ``finished merchandise'' and ``finished goods kits.'' \2\ Meridian challenged the Department's final scope ruling at the CIT. --------------------------------------------------------------------------- \1\ See Aluminum Extrusions from the People's Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011) and Aluminum Extrusions from the People's Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (the Orders). \2\ See ``Final Scope Ruling on Meridian Kitchen Appliance Door Handles,'' dated June 21, 2013 (Kitchen Appliance Door Handles Scope Ruling) at 12-15. --------------------------------------------------------------------------- On December 7, 2015, the CIT issued an opinion and order in Meridian I sustaining the Department's findings in the Kitchen Appliance Door Handles Scope Ruling that Meridian's Type A door handles (consisting of a single piece of aluminum extrusion) and Type C door handles (consisting of a single piece of aluminum extrusion packaged as a ``kit'' with a tool and an instruction manual) are within the scope of the Orders based on a plain reading of the scope language.\3\ The Court, however, remanded the Department's determination that Type B door handles (consisting of a single piece of aluminum extrusion with two plastic end caps fastened on with screws) are within the scope of the Orders. The Court found the Department's determination to be unsupported by the general scope language.\4\ The Court further found that, assuming arguendo that Meridian's Type B door handles were covered by the scope language, the Department erred in finding that the products did not satisfy the ``finished merchandise'' exclusion.\5\ --------------------------------------------------------------------------- \3\ See Meridian Products LLC v. United States, Court No. 13- 00246, Slip Op. 15-135 (Meridian I) at 6-9. \4\ Id., at 10-13. \5\ Id., at 13-16. --------------------------------------------------------------------------- On March 23, 2016, the Department issued its Final Results of Redetermination, in which it found, respectfully, under protest, that Meridian's Type B door handles are not covered by the scope of the Orders because the general scope language did not cover such products. As a result, the Department did not consider whether Meridian's Type B door handles were subject to the exclusion for ``finished merchandise.'' \6\ --------------------------------------------------------------------------- \6\ See Final Results of Redetermination Pursuant to Court Remand, Meridian Products, LLC v. United States, Court No. 13-00246, Slip Op. 15-135 (CIT December 7, 2015) (Final Results of Redetermination). --------------------------------------------------------------------------- On July 18, 2016, in Meridian II the Court sustained the Department's finding in the Final Results of Redetermination that Meridian's Type B door handles are not covered by the scope of the Orders.\7\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) 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 scope ruling and is amending the final scope ruling to find that certain kitchen appliance door handles imported by Meridian LLC (Meridian) are not covered by the scope of the AD and CVD orders on aluminum extrusions from the People's Republic of China. --------------------------------------------------------------------------- \7\ See Meridian Products, LLC v. United States, Court No. 13- 00246, Slip Op. 16-71 (Meridian II) at 11. --------------------------------------------------------------------------- [[Page 52403]] Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the Federal Circuit 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 CIT's July 18, 2016, judgment in Meridian II sustaining the Department's finding in the Final Results of Redetermination that Meridian's Type B door handles are not covered by the scope of the Orders constitutes a final decision of the Court that is not in harmony with the Kitchen Appliance Door Handles Scope Ruling. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of Meridian's Type B door handles at issue pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Scope Ruling Because there is now a final court decision with respect to the Kitchen Appliance Door Handles Scope Ruling, the Department amends its final scope ruling and finds that the scope of the Orders does not cover Meridian's Type B door handles. The Department will instruct U.S. Customs and Border Protection (CBP) that the cash deposit rate will be zero percent for Meridian's Type B door handles. In the event the CIT's ruling is not appealed, or if appealed, upheld by the Federal Circuit, the Department will instruct CBP to liquidate entries of Meridian's Type B door handles without regard to antidumping and/or countervailing duties, and to lift suspension of liquidation of such entries. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: August 2, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-18788 Filed 8-5-16; 8:45 am] BILLING CODE 3510-DS-P
![52402 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE manual) are within the scope of the
Orders based on a plain reading of the
Foreign-Trade Zones Board International Trade Administration scope language.3 The Court, however,
[A–570–967; C–570–968] remanded the Department’s
[Order No. 2005] determination that Type B door handles
Aluminum Extrusions From the (consisting of a single piece of
Approval of Subzone Status, Barrett People’s Republic of China: Notice of aluminum extrusion with two plastic
Distribution Centers, Inc., Franklin, Court Decision Not in Harmony With end caps fastened on with screws) are
Massachusetts Final Scope Ruling and Notice of within the scope of the Orders. The
Pursuant to its authority under the Foreign-
Amended Final Scope Ruling Pursuant Court found the Department’s
Trade Zones Act of June 18, 1934, as to Court Decision determination to be unsupported by the
amended (19 U.S.C. 81a–81u), the Foreign- AGENCY: Enforcement and Compliance, general scope language.4 The Court
Trade Zones Board (the Board) adopts the International Trade Administration, further found that, assuming arguendo
following Order: that Meridian’s Type B door handles
Department of Commerce.
SUMMARY: On July 18, 2016, the United
were covered by the scope language, the
WHEREAS, the Foreign-Trade Zones
States Court of International Trade (CIT) Department erred in finding that the
Act provides for ‘‘. . . the establishment
. . . of foreign-trade zones in ports of sustained the Department of products did not satisfy the ‘‘finished
entry of the United States, to expedite Commerce’s (Department) final results merchandise’’ exclusion.5
and encourage foreign commerce, and of redetermination in which the On March 23, 2016, the Department
for other purposes,’’ and authorizes the Department determined, under protest, issued its Final Results of
Foreign-Trade Zones Board to grant to that certain kitchen appliance door Redetermination, in which it found,
qualified corporations the privilege of handles are not covered by the scope of respectfully, under protest, that
establishing foreign-trade zones in or the antidumping (AD) and Meridian’s Type B door handles are not
adjacent to U.S. Customs and Border countervailing duty (CVD) orders on covered by the scope of the Orders
Protection ports of entry; aluminum extrusions from the People’s because the general scope language did
WHEREAS, the Board’s regulations Republic of China. not cover such products. As a result, the
(15 CFR part 400) provide for the DATES: Effective Date: July 28, 2016. Department did not consider whether
establishment of subzones for specific FOR FURTHER INFORMATION CONTACT: Meridian’s Type B door handles were
uses; James Terpstra, AD/CVD Operations, subject to the exclusion for ‘‘finished
Office III, Enforcement and Compliance, merchandise.’’ 6
WHEREAS, the Massachusetts Port
U.S. Department of Commerce, 14th On July 18, 2016, in Meridian II the
Authority, grantee of Foreign-Trade
Street and Constitution Avenue NW.,
Zone 27, has made application to the Court sustained the Department’s
Washington, DC 20230; telephone: 202–
Board for the establishment of a subzone finding in the Final Results of
482–3965.
at the facility of Barrett Distribution Redetermination that Meridian’s Type B
Centers, Inc., located in Franklin, SUPPLEMENTARY INFORMATION:
door handles are not covered by the
Massachusetts (FTZ Docket B–9–2016, Background scope of the Orders.7 Consistent with
docketed 02–17–2016); the decision of the United States Court
On June 21, 2013, the Department
WHEREAS, notice inviting public issued a final scope ruling in which it of Appeals for the Federal Circuit
comment has been given in the Federal determined that three types of kitchen (Federal Circuit) in Timken Co. v.
Register (81 FR 8907, February 23, appliance door handles (Types A, B, United States, 893 F.2d 337 (Fed. Cir.
2016) and the application has been and C) imported by Meridian are within 1990) (Timken), as clarified by Diamond
processed pursuant to the FTZ Act and the scope of the Orders 1 and did not Sawblades Mfrs. Coalition v. United
the Board’s regulations; and, meet the scope exclusions for ‘‘finished States, 626 F.3d 1374 (CAFC 2010)
WHEREAS, the Board adopts the merchandise’’ and ‘‘finished goods (Diamond Sawblades), the Department
findings and recommendations of the kits.’’ 2 Meridian challenged the is notifying the public that the final
examiner’s memorandum, and finds that Department’s final scope ruling at the judgment in this case is not in harmony
the requirements of the FTZ Act and the CIT. with the Department’s final scope ruling
Board’s regulations are satisfied; On December 7, 2015, the CIT issued and is amending the final scope ruling
an opinion and order in Meridian I to find that certain kitchen appliance
NOW, THEREFORE, the Board hereby
sustaining the Department’s findings in door handles imported by Meridian LLC
approves subzone status at the facility of
the Kitchen Appliance Door Handles (Meridian) are not covered by the scope
Barrett Distribution Centers, Inc.,
Scope Ruling that Meridian’s Type A of the AD and CVD orders on aluminum
located in Franklin, Massachusetts
door handles (consisting of a single extrusions from the People’s Republic of
(Subzone 27O), as described in the
piece of aluminum extrusion) and Type China.
application and Federal Register notice,
C door handles (consisting of a single
subject to the FTZ Act and the Board’s
piece of aluminum extrusion packaged 3 See Meridian Products LLC v. United States,
regulations, including Section 400.13.
as a ‘‘kit’’ with a tool and an instruction Court No. 13–00246, Slip Op. 15–135 (Meridian I)
Dated: July 29, 2016. at 6–9.
4 Id., at 10–13.
Ronald K. Lorentzen, 1 See Aluminum Extrusions from the People’s
mstockstill on DSK3G9T082PROD with NOTICES
5 Id., at 13–16.
Acting Assistant Secretary of Commerce for Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) and Aluminum Extrusions 6 See Final Results of Redetermination Pursuant
Enforcement and Compliance, Alternate from the People’s Republic of China: Countervailing to Court Remand, Meridian Products, LLC v. United
Chairman, Foreign-Trade Zones Board. Duty Order, 76 FR 30653 (May 26, 2011) (the States, Court No. 13–00246, Slip Op. 15–135 (CIT
Andrew McGilvray, Orders). December 7, 2015) (Final Results of
Executive Secretary. 2 See ‘‘Final Scope Ruling on Meridian Kitchen Redetermination).
Appliance Door Handles,’’ dated June 21, 2013 7 See Meridian Products, LLC v. United States,
[FR Doc. 2016–18781 Filed 8–5–16; 8:45 am] (Kitchen Appliance Door Handles Scope Ruling) at Court No. 13–00246, Slip Op. 16–71 (Meridian II)
BILLING CODE 3510–DS–P 12–15. at 11.
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![Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52403
Timken Notice DEPARTMENT OF COMMERCE the preliminary results of this review,
after the four business-day extension,
In its decision in Timken, 893 F.2d at International Trade Administration was April 4, 2016.2 However, on March
341, as clarified by Diamond Sawblades, 28, 2016, the Department extended the
[A–570–851]
the Federal Circuit held that, pursuant time period for issuing the preliminary
to section 516A(e) of the Tariff Act of Certain Preserved Mushrooms From results of this NSR by 120 days, until
1930, as amended (the Act), the the People’s Republic of China: August 2, 2016.3
Department must publish a notice of a Preliminary Rescission of 2015 Scope of the Order
court decision that is not ‘‘in harmony’’ Antidumping Duty New Shipper
with a Department determination and Review The products covered by this order
must suspend liquidation of entries are certain preserved mushrooms,
pending a ‘‘conclusive’’ court decision. AGENCY: Enforcement and Compliance, whether imported whole, sliced, diced,
International Trade Administration, or as stems and pieces. The certain
The CIT’s July 18, 2016, judgment in
Department of Commerce. preserved mushrooms covered under
Meridian II sustaining the Department’s SUMMARY: The Department of Commerce
finding in the Final Results of this order are the species Agaricus
(the Department) is conducting a new bisporus and Agaricus bitorquis.
Redetermination that Meridian’s Type B shipper review (NSR) of the ‘‘Certain Preserved Mushrooms’’ refers
door handles are not covered by the antidumping duty order on certain to mushrooms that have been prepared
scope of the Orders constitutes a final preserved mushrooms from the People’s or preserved by cleaning, blanching, and
decision of the Court that is not in Republic of China (PRC). The NSR sometimes slicing or cutting. These
harmony with the Kitchen Appliance covers merchandise exported by Linyi mushrooms are then packed and heated
Door Handles Scope Ruling. This notice Yuqiao International Trade Co., Ltd. in containers including, but not limited
is published in fulfillment of the (Yuqiao) and produced by Linyi City to, cans or glass jars in a suitable liquid
publication requirements of Timken. Kangfa Drinkable Co., Ltd. The period of medium, including, but not limited to,
Accordingly, the Department will review (POR) is February 1, 2015 water, brine, butter or butter sauce.
continue the suspension of liquidation through July 31, 2015. The Department Certain preserved mushrooms may be
of Meridian’s Type B door handles at preliminarily determines that Yuqiao imported whole, sliced, diced, or as
issue pending expiration of the period did not make a bona fide sale during the stems and pieces. Included within the
of appeal or, if appealed, pending a final POR. Because any weighted average scope of this order are ‘‘brined’’
and conclusive court decision. dumping margin must be based solely mushrooms, which are presalted and
on bona fide sales, we are preliminarily packed in a heavy salt solution to
Amended Final Scope Ruling rescinding this NSR. Interested parties provisionally preserve them for further
are invited to comment on the processing. The merchandise subject to
Because there is now a final court
preliminary results of this review. this order is classifiable under
decision with respect to the Kitchen
DATES: Effective August 8, 2016. subheadings: 2003.10.0127,
Appliance Door Handles Scope Ruling,
the Department amends its final scope FOR FURTHER INFORMATION CONTACT: 2003.10.0131, 2003.10.0137,
ruling and finds that the scope of the Michael J. Heaney or Robert James, AD/ 2003.10.0143, 2003.10.0147,
CVD Operations, Office VI, Enforcement 2003.10.0153, and 0711.51.0000 of the
Orders does not cover Meridian’s Type
and Compliance, International Trade Harmonized Tariff Schedule of the
B door handles. The Department will
Administration, Department of United States (HTSUS). Although the
instruct U.S. Customs and Border
Commerce, 1401 Constitution Avenue HTSUS subheadings are provided for
Protection (CBP) that the cash deposit NW., Washington, DC 20230; telephone: convenience and Customs purposes, the
rate will be zero percent for Meridian’s (202) 482–4475 and (202) 482–0649, written description of the scope of this
Type B door handles. In the event the respectively. order is dispositive.4
CIT’s ruling is not appealed, or if
SUPPLEMENTARY INFORMATION: Methodology
appealed, upheld by the Federal Circuit,
the Department will instruct CBP to Background The Department is conducting this
liquidate entries of Meridian’s Type B On October 8, 2015, the Department review in accordance with section
door handles without regard to published a notice of initiation of a new
antidumping and/or countervailing shipper review of the antidumping duty
2 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
duties, and to lift suspension of order on certain preserved mushrooms Enforcement & Compliance, regarding ‘‘Tolling of
liquidation of such entries. from the PRC.1 The Department Administrative Deadlines as a Result of the
This notice is issued and published in subsequently issued an antidumping Government Closure during Snowstorm Jonas,’’
duty questionnaire, and supplemental dated January 27, 2016.
accordance with section 516A(c)(1) of 3 See Memorandum to Christian Marsh, Deputy
the Act. questionnaires, to Yuqiao and received Assistant Secretary for Antidumping and
timely responses thereto. Countervailing Duty Operations, ‘‘Certain Preserved
Dated: August 2, 2016. The Department has exercised its Mushrooms from the People’s Republic of China:
Ronald K. Lorentzen, discretion to toll all administrative Extension of Deadline for the Preliminary Results
of Antidumping Duty New Shipper Review,’’ dated
Acting Assistant Secretary for Enforcement deadlines due to the recent closure of March 28, 2016.
and Compliance. the Federal government because of 4 For a complete description of the scope of the
[FR Doc. 2016–18788 Filed 8–5–16; 8:45 am] Snowstorm ‘‘Jonas.’’ Thus, all of the order, see ‘‘Decision Memorandum for the
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 3510–DS–P deadlines in this segment of the Preliminary Rescission of the 2015 Antidumping
proceeding have been extended by four Duty New Shipper Review of Certain Preserved
Mushrooms from the People’s Republic of China,’’
business days. The revised deadline for from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty
1 See Certain Preserved Mushrooms From the Operations, to Ronald K. Lorentzen, Acting
People’s Republic of China: Initiation of Assistant Secretary for Enforcement and
Antidumping Duty New Shipper Review, 80 FR Compliance (Preliminary Decision Memorandum),
60883 (October 8, 2015) (Initiation Notice). dated concurrently with this notice.
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Document Created: 2016-08-06 03:08:18
Document Modified: 2016-08-06 03:08:18
| 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 | James Terpstra, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-3965. | |
| FR Citation | 81 FR 52402 |
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