81_FR_58638 81 FR 58473 - U.S.-EU Safe Harbor Framework Self-Certification Notice

81 FR 58473 - U.S.-EU Safe Harbor Framework Self-Certification Notice

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 165 (August 25, 2016)

Page Range58473-58474
FR Document2016-20421

The International Trade Administration (ITA) issues this notice regarding the U.S.-EU Safe Harbor Framework (U.S.-EU Safe Harbor). As of August 1, 2016, the Department of Commerce no longer accepts new submissions of self-certification to the U.S.-EU Safe Harbor. As of October 31, 2016, the Department of Commerce will no longer accept re-certification submissions to the U.S.-EU Safe Harbor.

Federal Register, Volume 81 Issue 165 (Thursday, August 25, 2016)
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Notices]
[Pages 58473-58474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20421]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No. 160811727-6727-01]
RIN 0625-XC023


U.S.-EU Safe Harbor Framework Self-Certification Notice

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice of discontinuation of the U.S.-EU Safe Harbor Framework.

-----------------------------------------------------------------------

SUMMARY: The International Trade Administration (ITA) issues this 
notice regarding the U.S.-EU Safe Harbor Framework (U.S.-EU Safe 
Harbor). As of August 1, 2016, the Department of Commerce no longer 
accepts new submissions of self-certification to the U.S.-EU Safe 
Harbor. As of October 31, 2016, the Department of Commerce will no 
longer accept re-certification submissions to the U.S.-EU Safe Harbor.

DATES: The Department of Commerce stopped accepting new submissions of 
self-certification to the U.S.-EU Safe Harbor on August 1, 2016. As of 
October 31, 2016, the Department of Commerce will no longer accept re-
certification submissions to the U.S.-EU Safe Harbor.

FOR FURTHER INFORMATION CONTACT: Shannon Coe, International Trade 
Administration, 202-482-6013 or [email protected].

SUPPLEMENTARY INFORMATION: On October 6, 2015, the European Court of 
Justice issued a judgment \1\ declaring as ``invalid'' the European 
Commission's Decision 2000/520/EC of 26 July 2000 ``on the adequacy of 
the protection provided by the safe harbour privacy principles and 
related frequently asked questions issued by the US Department of 
Commerce.'' According to that decision, the U.S.-EU Safe Harbor 
Framework has not been a valid mechanism to comply with EU data 
protection requirements when transferring personal data from the 
European Union to the United States.
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    \1\ http://curia.europa.eu/juris/document/document.jsf?text=&docid=169195&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=125031.
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    On July 12, U.S. Secretary of Commerce Penny Pritzker joined 
European Union Commissioner V[ecaron]ra Jourov[aacute] to announce \2\ 
the approval of the EU-U.S. Privacy Shield Framework,\3\ replacing the 
U.S.-EU Safe Harbor. The EU-U.S. Privacy Shield Framework provides 
companies on both sides of the Atlantic with a mechanism to comply with 
European Union data protection requirements when transferring personal 
data from the European Union to the United States in support of 
transatlantic commerce. The Department of Commerce started accepting 
certifications \4\ to the EU-U.S. Privacy Shield Framework \5\ on 
August 1st.
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    \2\ https://www.commerce.gov/news/secretary-speeches/2016/07/remarks-us-secretary-commerce-penny-pritzker-eu-us-privacy-shield.
    \3\ http://ec.europa.eu/justice/data-protection/files/annexes_eu-us_privacy_shield_en.pdf.
    \4\ https://www.commerce.gov/sites/commerce.gov/files/media/files/2016/how_to_join_privacy_shield_sc_cmts.pdf.
    \5\ http://ec.europa.eu/justice/data-protection/files/annexes_eu-us_privacy_shield_en.pdf.
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    As of August 1, 2016, the Department of Commerce stopped accepting 
new submissions for self-certification to the U.S.-EU Safe Harbor 
Framework; as of October 31, 2016, the Department of Commerce will stop 
accepting re-certification submissions to the U.S.-EU Safe Harbor 
Framework. The Department will maintain the U.S.-EU Safe Harbor List; 
\6\ pursuant to the Safe Harbor Frequently Asked Question on Self-
Certification, the commitment to adhere to the Safe Harbor Principles 
is not time-limited, and a participating organization must continue to 
apply the Safe Harbor Principles to data received under the Safe 
Harbor.
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    \6\ https://safeharbor.export.gov/list.aspx.
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    Please note that the Department of Commerce will continue to 
administer the U.S.-Swiss Safe Harbor Framework.

[[Page 58474]]

    For more information on the EU-U.S. Privacy Shield Framework, 
please visit www.privacyshield.gov.

    Dated: August 17, 2016.
Praveen Dixit,
Acting Assistant Secretary for Industry and Analysis, International 
Trade Administration, U.S. Department of Commerce.
[FR Doc. 2016-20421 Filed 8-24-16; 8:45 am]
 BILLING CODE P



                                                                                Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices                                                      58473

                                                    ACTION:   Notice of an open meeting.       President’s Export Council, Room 4043,                             Justice issued a judgment 1 declaring as
                                                                                               1401 Constitution Avenue NW.,                                      ‘‘invalid’’ the European Commission’s
                                                    SUMMARY: The President’s Export            Washington, DC, 20230.                                             Decision 2000/520/EC of 26 July 2000
                                                    Council (Council) will hold a meeting to      Statements will be posted on the                                ‘‘on the adequacy of the protection
                                                    deliberate on recommendations related      President’s Export Council Web site                                provided by the safe harbour privacy
                                                    to promoting the expansion of U.S.         (http://trade.gov/pec) without change,                             principles and related frequently asked
                                                    exports. Priority topics will include: the including any business or personal
                                                                                                                                                                  questions issued by the US Department
                                                    Trans-Pacific Partnership and Board        information provided such as names,
                                                    appointments for the Export-Import                                                                            of Commerce.’’ According to that
                                                                                               addresses, email addresses, or telephone                           decision, the U.S.-EU Safe Harbor
                                                    Bank of the United States. Additional      numbers. All statements received,
                                                    topics may include: the                                                                                       Framework has not been a valid
                                                                                               including attachments and other                                    mechanism to comply with EU data
                                                    Administration’s trade agenda,
                                                                                               supporting materials, are part of the                              protection requirements when
                                                    infrastructure investment, workforce
                                                                                               public record and subject to public                                transferring personal data from the
                                                    readiness, access to capital for
                                                                                               disclosure. You should submit only                                 European Union to the United States.
                                                    microbusinesses and SMEs, and export
                                                                                               information that you wish to make
                                                    control reform. The final agenda will be                                                                         On July 12, U.S. Secretary of
                                                                                               publicly available.
                                                    posted at least one week in advance of                                                                        Commerce Penny Pritzker joined
                                                                                                  Meeting minutes: Copies of the
                                                    the meeting on the President’s Export                                                                         European Union Commissioner Věra
                                                                                               Council’s meeting minutes will be
                                                    Council Web site at http://trade.gov/pec.                                                                     Jourová to announce 2 the approval of
                                                                                               available within ninety (90) days of the
                                                    DATES: September 14, 2016 at 9:30 a.m.                                                                        the EU-U.S. Privacy Shield Framework,3
                                                                                               meeting.
                                                    (ET)                                                                                                          replacing the U.S.-EU Safe Harbor. The
                                                                                                  Dated: August 18, 2016.                                         EU-U.S. Privacy Shield Framework
                                                    ADDRESSES: The President’s Export
                                                    Council meeting will be broadcast via      Tricia Van Orden,                                                  provides companies on both sides of the
                                                    live webcast on the Internet at http://    Designated Federal Officer, President’s Export                     Atlantic with a mechanism to comply
                                                    whitehouse.gov/live.                       Council.                                                           with European Union data protection
                                                    FOR FURTHER INFORMATION CONTACT:           [FR Doc. 2016–20294 Filed 8–24–16; 8:45 am]                        requirements when transferring
                                                    Tricia Van Orden, Designated Federal       BILLING CODE 3510–DR–P                                             personal data from the European Union
                                                    Officer, President’s Export Council,                                                                          to the United States in support of
                                                    Room 4043, 1401 Constitution Avenue                                                                           transatlantic commerce. The
                                                    NW., Washington, DC 20230, telephone: DEPARTMENT OF COMMERCE                                                  Department of Commerce started
                                                    202–482–5876, email: tricia.vanorden@                                                                         accepting certifications 4 to the EU-U.S.
                                                                                               International Trade Administration
                                                    trade.gov.                                                                                                    Privacy Shield Framework 5 on August
                                                       Press inquiries should be directed to   [Docket No. 160811727–6727–01]                                     1st.
                                                    the International Trade Administration’s
                                                                                                                                                                     As of August 1, 2016, the Department
                                                    Office of Public Affairs, telephone: 202– RIN 0625–XC023
                                                                                                                                                                  of Commerce stopped accepting new
                                                    482–3809.                                  U.S.-EU Safe Harbor Framework Self-                                submissions for self-certification to the
                                                    SUPPLEMENTARY INFORMATION:                 Certification Notice                                               U.S.-EU Safe Harbor Framework; as of
                                                       Background: The President’s Export
                                                                                                                                                                  October 31, 2016, the Department of
                                                    Council was first established by           AGENCY: International Trade
                                                                                                                                                                  Commerce will stop accepting re-
                                                    Executive Order on December 20, 1973       Administration, Department of
                                                                                                                                                                  certification submissions to the U.S.-EU
                                                    to advise the President on matters         Commerce.
                                                                                                                                                                  Safe Harbor Framework. The
                                                    relating to U.S. export trade and to       ACTION: Notice of discontinuation of the                           Department will maintain the U.S.-EU
                                                    report to the President on its activities  U.S.-EU Safe Harbor Framework.                                     Safe Harbor List; 6 pursuant to the Safe
                                                    and recommendations for expanding
                                                                                               SUMMARY: The International Trade
                                                                                                                                                                  Harbor Frequently Asked Question on
                                                    U.S. exports. The President’s Export
                                                                                               Administration (ITA) issues this notice                            Self-Certification, the commitment to
                                                    Council was renewed most recently by
                                                                                                                                                                  adhere to the Safe Harbor Principles is
                                                    Executive Order 13708 of September 30, regarding the U.S.-EU Safe Harbor
                                                    2015, for the two-year period ending       Framework (U.S.-EU Safe Harbor). As of                             not time-limited, and a participating
                                                    September 30, 2017. This Committee is      August 1, 2016, the Department of                                  organization must continue to apply the
                                                    established in accordance with the         Commerce no longer accepts new                                     Safe Harbor Principles to data received
                                                    provisions of the Federal Advisory         submissions of self-certification to the                           under the Safe Harbor.
                                                    Committee Act (FACA), as amended, 5        U.S.-EU Safe Harbor. As of October 31,                                Please note that the Department of
                                                    U.S.C. App.                                2016, the Department of Commerce will                              Commerce will continue to administer
                                                       Public Submissions: The public is       no longer accept re-certification                                  the U.S.-Swiss Safe Harbor Framework.
                                                    invited to submit written statements to    submissions to the U.S.-EU Safe Harbor.
                                                    the President’s Export Council.            DATES: The Department of Commerce                                     1 http://curia.europa.eu/juris/document/

                                                    Statements must be received by 5:00PM stopped accepting new submissions of                                    document.jsf?text=&docid=
                                                    ET on September 12, 2016 by either of                                                                         169195&pageIndex=0&doclang
                                                                                               self-certification to the U.S.-EU Safe                             =EN&mode=req&dir=&occ
                                                    the following methods:                     Harbor on August 1, 2016. As of October                            =first&part=1&cid=125031.
                                                    a. Electronic Submissions                  31, 2016, the Department of Commerce                                  2 https://www.commerce.gov/news/secretary-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                               will no longer accept re-certification                             speeches/2016/07/remarks-us-secretary-commerce-
                                                       Submit statements electronically to     submissions to the U.S.-EU Safe Harbor.                            penny-pritzker-eu-us-privacy-shield.
                                                    Tricia Van Orden, Executive Secretary,                                                                           3 http://ec.europa.eu/justice/data-protection/files/
                                                                                               FOR FURTHER INFORMATION CONTACT:                                   annexes_eu-us_privacy_shield_en.pdf.
                                                    President’s Export Council via email:
                                                    tricia.vanorden@trade.gov.                 Shannon Coe, International Trade                                      4 https://www.commerce.gov/sites/commerce.gov/

                                                                                               Administration, 202–482–6013 or                                    files/media/files/2016/how_to_join_privacy_shield_
                                                    b. Paper Submissions                                                                                          sc_cmts.pdf.
                                                                                               Shannon.Coe@trade.gov.                                                5 http://ec.europa.eu/justice/data-protection/files/
                                                       Send paper statements to Tricia Van     SUPPLEMENTARY INFORMATION: On                                      annexes_eu-us_privacy_shield_en.pdf.
                                                    Orden, Designated Federal Officer,         October 6, 2015, the European Court of                                6 https://safeharbor.export.gov/list.aspx.




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                                                    58474                             Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices

                                                      For more information on the EU-U.S.                              decision in this case, is amending the                     determined to continue to use the GTA
                                                    Privacy Shield Framework, please visit                             final determination with respect to the                    import data for Thailand to value these
                                                    www.privacyshield.gov.                                             dumping margins determined for                             inputs.3 Furthermore, in compliance
                                                      Dated: August 17, 2016.                                          Guangdong Dongyuan Kitchenware                             with the remand directive, the
                                                    Praveen Dixit,
                                                                                                                       Industrial Company, Ltd. (‘‘Dongyuan’’),                   Department classified SG&A labor items
                                                                                                                       Foshan Zhaoshun Trade Co., Ltd. and                        as SG&A expenses in each company’s
                                                    Acting Assistant Secretary for Industry and
                                                    Analysis, International Trade Administration,
                                                                                                                       Zhongshan Superte Kitchenware Co.,                         surrogate financial ratio calculation,
                                                    U.S. Department of Commerce.                                       Ltd. (collectively, ‘‘Superte’’), as well as               resulting in a change to the margins
                                                    [FR Doc. 2016–20421 Filed 8–24–16; 8:45 am]
                                                                                                                       all other companies that received a                        calculated for each respondent.4 On July
                                                                                                                       separate rate.                                             14, 2016, the CIT affirmed the remand
                                                    BILLING CODE P
                                                                                                                       DATES: Effective July 24, 2016.                            redetermination.5
                                                                                                                       FOR FURTHER INFORMATION CONTACT: Eve                       Timken Notice
                                                    DEPARTMENT OF COMMERCE                                             Wang, Office III, Enforcement and
                                                                                                                       Compliance, International Trade                               In Timken Co. v. United States, 893
                                                    International Trade Administration                                 Administration, U.S. Department of                         F.2d 337, 341 (Fed. Cir. 1990)
                                                                                                                       Commerce, 14th Street and Constitution                     (‘‘Timken’’), as clarified by Diamond
                                                    [A–570–983]
                                                                                                                       Avenue NW., Washington, DC 20230;                          Sawblades Mfrs. Coalition v. United
                                                    Drawn Stainless Steel Sinks From the                               telephone: (202) 482–6231.                                 States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                    People’s Republic of China: Notice of                              SUPPLEMENTARY INFORMATION:                                 (‘‘Diamond Sawblades’’), the United
                                                    Court Decision Not in Harmony With                                                                                            States Court of Appeals for the Federal
                                                    Amended Final Determination                                        Background                                                 Circuit (‘‘CAFC’’) held that, pursuant to
                                                    Pursuant to Court Decision                                            Subsequent to the publication of the                    section 516A(e) of the Tariff Act of
                                                                                                                       Final Determination 1 in the underlying                    1930, as amended (‘‘the Act’’), the
                                                    AGENCY:    Enforcement and Compliance,                             AD investigation of sinks from the PRC,                    Department must publish a notice of a
                                                    International Trade Administration,                                Dongyuan (a respondent in the                              court decision that is not ‘‘in harmony’’
                                                    Department of Commerce                                             underlying investigation) and Elkay                        with a Department determination and
                                                    SUMMARY: On July 14, 2016, the United                              Manufacturing Company (the petitioner                      must suspend liquidation of entries
                                                    States Court of International Trade                                in the underlying investigation) filed                     pending a ‘‘conclusive’’ court decision.
                                                    (‘‘CIT’’) sustained the redetermination                            complaints with the CIT challenging                        The CIT’s July 14, 2016, judgment in
                                                    made by the Department of Commerce                                 aspects of the methodology used to                         this case constitutes a final court
                                                    (‘‘Department’’) pursuant to the CIT’s                             determine the dumping margins in the                       decision that is not in harmony with the
                                                    remand of the final determination in the                           Final Determination.                                       Department’s Final Determination. This
                                                    antidumping duty (‘‘AD’’) investigation                               On December 22, 2014, the CIT                           notice is published in fulfillment of the
                                                    on drawn stainless steel sinks (‘‘sinks’’)                         granted the Department’s partial                           publication requirements of Timken.
                                                    from the People’s Republic of China                                voluntary remand request to reconsider                     Amended Final Determination
                                                    (‘‘PRC’’). Specifically, the CIT affirmed                          the use of Global Trade Atlas (‘‘GTA’’)
                                                    the Department’s reliance on Thai data                             import data for Thailand to value cold-                      As a result of the Court’s final
                                                    to value stainless steel inputs and                                rolled stainless steel coil, and also                      decision with respect to this case, the
                                                    revised calculation of selling, general,                           directed the Department to reconsider                      Department is amending the Final
                                                    administrative (‘‘SG&A’’) expenses on                              its methodology of accounting for SG&A                     Determination with respect to
                                                    redetermination. Accordingly, the                                  expenses in the normal value                               Dongyuan, Superte, and all other
                                                    Department is hereby notifying the                                 calculations.2                                             companies that received a separate rate
                                                    public that the final judgment in this                                Pursuant to the CIT’s instructions on                   in the Final Determination. The revised
                                                    case is not in harmony with the final                              remand, the Department further                             weighted-average dumping margins for
                                                    affirmative determination in the                                   evaluated the information on the record                    the July 1, 2011, through December 31,
                                                    underlying AD investigation and, as                                regarding the valuation of cold-rolled                     2011, period of investigation are as
                                                    there is a now a final and conclusive                              stainless steel coil inputs and                            follows:

                                                                                                                                                                                                                       Weighted-
                                                                                                                                                                                                                        average
                                                                                         Exporter                                                                          Producer                                      margin
                                                                                                                                                                                                                       (percent)

                                                    Zhongshan Superte Kitchenware Co., Ltd./Zhongshan Superte                                Zhongshan Superte Kitchenware Co., Ltd ................................         50.11
                                                      Kitchenware Co., Ltd. invoiced as Foshan Zhaoshun Trade
                                                      Co., Ltd.
                                                    Guangdong Dongyuan Kitchenware Industrial Co., Ltd .............                         Guangdong Dongyuan Kitchenware Industrial Co., Ltd ............                 36.59
                                                    B&R Industries Limited ...............................................................   Xinhe Stainless Steel Products Co., Ltd. and Jiamen XHHL                        43.35
                                                                                                                                               Stainless Steel Manufacturing Co., Ltd.

                                                       1 See Drawn Stainless Steel Sinks From the                        3 See Final Results of Redetermination Pursuant
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    People’s Republic of China: Investigation, Final                   to Court Remand, dated April 22, 2015 (‘‘Final
                                                    Determination, 78 FR 13019 (February 26, 2013), as                 Redetermination’’), at 6 and 24.
                                                    amended by Drawn Stainless Steel Sinks from the                      4 Id.
                                                    People’s Republic of China: Amended Final                            5 See Elkay Mfg. Co. v. United States, Consol.
                                                    Determination of Sales at Less Than Fair Value and
                                                    Antidumping Duty Order, 78 FR 21592 (April 11,                     Court No. 13–00176, Slip Op. 16–69 (CIT 2016).
                                                    2013), (collectively, ‘‘Final Determination’’).
                                                       2 See Elkay Mfg. Co. v. United States, Consol.

                                                    Court No. 13–00176, Slip Op. 14–150 (CIT 2014)
                                                    (‘‘Sinks Remand’’), at 3.



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Document Created: 2016-08-25 00:35:03
Document Modified: 2016-08-25 00:35:03
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
ActionNotice of discontinuation of the U.S.-EU Safe Harbor Framework.
DatesThe Department of Commerce stopped accepting new submissions of self-certification to the U.S.-EU Safe Harbor on August 1, 2016. As of October 31, 2016, the Department of Commerce will no longer accept re- certification submissions to the U.S.-EU Safe Harbor.
ContactShannon Coe, International Trade Administration, 202-482-6013 or [email protected]
FR Citation81 FR 58473 
RIN Number0625-XC02

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