81 FR 93665 - Chlorinated Isocyanurates From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results and Amended Final Results of the Antidumping Duty Administrative Review; 2010-2011
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 245 (December 21, 2016)
International Trade Administration
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93665-93666 | |
| FR Document | 2016-30728 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Notices] [Pages 93665-93666] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30728] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-898] Chlorinated Isocyanurates From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results and Amended Final Results of the Antidumping Duty Administrative Review; 2010-2011 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 23, 2016, the United States Court of International Trade (the Court) sustained the final second remand redetermination pertaining to the administrative review of the antidumping duty order on Chlorinated Isocyanurates from the People's Republic of China (PRC) for the period of review of June 1, 2010, through May 31, 2011.\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 (Fed. Cir. 2010) (Diamond Sawblades), the Department of Commerce (the Department) is notifying the public that the final judgment in this case is not in harmony with the 2010-2011 AR Final Results,\2\ and that the Department is amending the 2010-2011 AR Final Results with respect to the weighted-average dumping margin assigned to both Juangcheng Kangtai Chemical Co. Ltd. (Kangtai), and Hebei Jiheng Chemical Co., Ltd. (Jiheng). --------------------------------------------------------------------------- \1\ See Clearon Corp., and Occidental Chemical Corp., et al. v. United States, Consol. Ct. No. 13-00073, Slip Op. 16-110 (CIT 2016); see also Memorandum, ``Antidumping Duty Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Final Results of Second Redetermination Pursuant to Remand,'' March 22, 2016 (Final Second Redetermination), and available here: http://enforcement.trade.gov/remands/15-91.pdf. \2\ See Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 4386 (January 22, 2013) (2010-2011 AR Final Results). --------------------------------------------------------------------------- DATES: Effective December 3, 2016. FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0176. SUPPLEMENTARY INFORMATION: Background On January 22, 2013, the Department published the 2010-2011 AR Final Results. On July 24, 2014, the Court remanded the 2010-2011 AR Final Results to the Department regarding our primary surrogate country selection as follows: (1) Provide a reasonable explanation why the range of the GNIs listed on the Surrogate Country Memorandum qualify the countries as proximate and ``economically comparable'' to the PRC, including a discussion of why the Department believes India's GNI does not, if that continues to be our determination, qualify it as an economically comparable country, and (2) place the data on the record that the Department relied upon to make our determination. The Court also accepted the Department's request for a voluntary remand of the final results with the following instructions to: (1) Reconsider whether the ILO wage rate used to value the labor FOP includes labor, retirement, and employee benefit expenses, and whether these expenses are double counted if the Department does not adjust the financial ratio to correctly reflect overlapping expenses in the financial statements; (2) explain the Department's change in methodology for calculating intra-company transportation costs by collecting additional information if necessary and to provide parties an opportunity to comment on any new additional information; and (3) explain our change in the calculation of our by-product methodology and to request additional information if necessary, and to provide parties an opportunity to comment on any new additional information.\3\ --------------------------------------------------------------------------- \3\ See Clearon Corp., and Occidental Chemical Corp., et. al. v. United States, Slip Op. 14-88, Consolidated Court No. 13-00073 (CIT 2014) (First Redetermination). --------------------------------------------------------------------------- Upon consideration of the First Remand Results,\4\ on August 20, 2015, the Court remanded the 2010-2011 AR Final Results and First Remand Results to the Department as follows: (1) To either remove the labor items identified among the selling, general and administrative (SG&A) expenses of the financial statements from MVC or explain why adhering to the Department's Labor Methodology policy is inappropriate in this instance; (2) to either supply valid reasons to support changing the byproduct methodology in this proceeding which amounts to a ``sufficient, reasoned analysis,'' supported by substantial evidence, or to revert to the ``former'' methodology, with any appropriate modification (e.g., capping) to avoid illogical conclusions that do not match the real world experience of the respondents; (3) to value urea using Philippine domestic pricing data or explain why GTA import data is superior to the domestic pricing data on the record; and (4) to select the best SVs for hydrogen and chlorine that reflect a full consideration of the interested parties' comments and how these inputs were valued in prior administrative reviews.\5\ On November 23, 2016, the Court sustained the Department's Final Second Redetermination, and entered final judgment.\6\ --------------------------------------------------------------------------- \4\ See Clearon Corp., and Occidental Chemical Corp., et. al. v. United States, Final Results of Redetermination Pursuant to Remand, December 11, 2014 (First Remand Results). \5\ See Clearon Corp., and Occidental Chemical Corp., et. al. v. United States, Slip Op. 15-91, Consolidated Court No. 13-00073 (CIT 2015). \6\ See Clearon Corp., and Occidental Chemical Corp., et. al. v. United States, Slip Op. 16-110, Consolidated Court No. 13-00073 (CIT 2016). --------------------------------------------------------------------------- Timken Notice In its decision in Timken, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The [[Page 93666]] Court's final judgment affirming the 2010-2011 AR Final Results constitutes the Court's final decision which is not in harmony with the 2010-2011 AR Final Results. 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 a final and conclusive court decision. Amended Final Results of Review Because there is now a final court decision, the Department is amending the 2010-2011 AR Final Results with respect Jiheng and Kangtai, as follows: ------------------------------------------------------------------------ Weighted- Exporter average margin percentage ------------------------------------------------------------------------ Hebei Jiheng Chemical Co., Ltd.......................... 31.22 Juancheng Kangtai Chemical Co., Ltd..................... 34.21 ------------------------------------------------------------------------ In the event the Court's ruling is not appealed or, if appealed, upheld by a final and conclusive court decision, the Department will instruct the U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise based on the revised rate the Department determined and listed above. Cash Deposit Requirements Because there have been subsequent administrative reviews for Jiheng and Kangtai, the case deposit rates will remain the rates established in the 2012-2013 Final Results, which are 0.00 percent respectively for both Jiheng and Kangtai.\7\ --------------------------------------------------------------------------- \7\ See Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 4539 (January 28, 2015) (2012-2013 Final Results). --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(l), 75l(a)(l), and 777(i)(l) of the Act. Dated: December 15, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-30728 Filed 12-20-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices 93665
dumping and material injury to an the decision of the United States Court additional information if necessary and
industry in the United States, pursuant of Appeals for the Federal Circuit to provide parties an opportunity to
to section 751(d)(2) of the Act and 19 (CAFC) in Timken Co., v United States, comment on any new additional
CFR 351.218(a), the Department hereby 893 F.2d 337 (Fed. Cir. 1990) (Timken), information; and (3) explain our change
orders the continuation of the AD orders as clarified by Diamond Sawblades in the calculation of our by-product
on copper pipe and tube from the PRC Mfrs. Coalition v. United States, 626 methodology and to request additional
and Mexico. United States Customs and F.3d 1374 (Fed. Cir. 2010) (Diamond information if necessary, and to provide
Border Protection will continue to Sawblades), the Department of parties an opportunity to comment on
collect AD cash deposits at the rates in Commerce (the Department) is notifying any new additional information.3
effect at the time of entry for all imports the public that the final judgment in this Upon consideration of the First
of subject merchandise. case is not in harmony with the 2010– Remand Results,4 on August 20, 2015,
The effective date of the continuation 2011 AR Final Results,2 and that the the Court remanded the 2010–2011 AR
of the Orders will be the date of Department is amending the 2010–2011 Final Results and First Remand Results
publication in the Federal Register of AR Final Results with respect to the to the Department as follows: (1) To
this notice of continuation. Pursuant to weighted-average dumping margin either remove the labor items identified
section 751(c)(2) of the Act, the assigned to both Juangcheng Kangtai among the selling, general and
Department intends to initiate the next Chemical Co. Ltd. (Kangtai), and Hebei administrative (SG&A) expenses of the
five-year reviews of the Orders not later Jiheng Chemical Co., Ltd. (Jiheng). financial statements from MVC or
than 30 days prior to the fifth DATES: Effective December 3, 2016. explain why adhering to the
anniversary of the effective date of FOR FURTHER INFORMATION CONTACT:
Department’s Labor Methodology policy
continuation. Emily Halle, AD/CVD Operations, Office is inappropriate in this instance; (2) to
These five-year sunset reviews and VII, Enforcement and Compliance, either supply valid reasons to support
this notice are in accordance with International Trade Administration, changing the byproduct methodology in
section 751(c) of the Act and published U.S. Department of Commerce, 1401 this proceeding which amounts to a
pursuant to section 777(i)(1) of the Act Constitution Avenue NW., Washington, ‘‘sufficient, reasoned analysis,’’
and 19 CFR 351.218(f)(4). DC 20230; telephone (202) 482–0176. supported by substantial evidence, or to
Dated: December 14, 2016.
revert to the ‘‘former’’ methodology,
SUPPLEMENTARY INFORMATION:
with any appropriate modification (e.g.,
Paul Piquado,
Background capping) to avoid illogical conclusions
Assistant Secretary, for Enforcement and that do not match the real world
Compliance. On January 22, 2013, the Department
published the 2010–2011 AR Final experience of the respondents; (3) to
[FR Doc. 2016–30653 Filed 12–20–16; 8:45 am]
Results. On July 24, 2014, the Court value urea using Philippine domestic
BILLING CODE 3510–DS–P pricing data or explain why GTA import
remanded the 2010–2011 AR Final
Results to the Department regarding our data is superior to the domestic pricing
primary surrogate country selection as data on the record; and (4) to select the
DEPARTMENT OF COMMERCE best SVs for hydrogen and chlorine that
follows: (1) Provide a reasonable
International Trade Administration explanation why the range of the GNIs reflect a full consideration of the
listed on the Surrogate Country interested parties’ comments and how
[A–570–898] these inputs were valued in prior
Memorandum qualify the countries as
proximate and ‘‘economically administrative reviews.5 On November
Chlorinated Isocyanurates From the 23, 2016, the Court sustained the
People’s Republic of China: Notice of comparable’’ to the PRC, including a
discussion of why the Department Department’s Final Second
Court Decision Not in Harmony With Redetermination, and entered final
the Final Results and Amended Final believes India’s GNI does not, if that
continues to be our determination, judgment.6
Results of the Antidumping Duty
Administrative Review; 2010–2011 qualify it as an economically Timken Notice
comparable country, and (2) place the
AGENCY: Enforcement and Compliance, In its decision in Timken, as clarified
data on the record that the Department
International Trade Administration, by Diamond Sawblades, the CAFC held
relied upon to make our determination.
Department of Commerce. that, pursuant to section 516A(e) of the
The Court also accepted the
Tariff Act of 1930, as amended (the Act),
SUMMARY: On November 23, 2016, the Department’s request for a voluntary
the Department must publish a notice of
United States Court of International remand of the final results with the
a court decision that is not ‘‘in
Trade (the Court) sustained the final following instructions to: (1) Reconsider
harmony’’ with a Department
second remand redetermination whether the ILO wage rate used to value
determination and must suspend
pertaining to the administrative review the labor FOP includes labor,
liquidation of entries pending a
of the antidumping duty order on retirement, and employee benefit
‘‘conclusive’’ court decision. The
Chlorinated Isocyanurates from the expenses, and whether these expenses
People’s Republic of China (PRC) for the are double counted if the Department 3 See Clearon Corp., and Occidental Chemical
period of review of June 1, 2010, does not adjust the financial ratio to Corp., et. al. v. United States, Slip Op. 14–88,
through May 31, 2011.1 Consistent with correctly reflect overlapping expenses in Consolidated Court No. 13–00073 (CIT 2014) (First
the financial statements; (2) explain the Redetermination).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
4 See Clearon Corp., and Occidental Chemical
1 See Clearon Corp., and Occidental Chemical
Department’s change in methodology for
Corp., et al. v. United States, Consol. Ct. No. 13– Corp., et. al. v. United States, Final Results of
calculating intra-company Redetermination Pursuant to Remand, December
00073, Slip Op. 16–110 (CIT 2016); see also
Memorandum, ‘‘Antidumping Duty Administrative transportation costs by collecting 11, 2014 (First Remand Results).
5 See Clearon Corp., and Occidental Chemical
Review of Chlorinated Isocyanurates from the
People’s Republic of China: Final Results of Second 2 See Chlorinated Isocyanurates From the Corp., et. al. v. United States, Slip Op. 15–91,
Redetermination Pursuant to Remand,’’ March 22, People’s Republic of China: Final Results of Consolidated Court No. 13–00073 (CIT 2015).
2016 (Final Second Redetermination), and available Antidumping Duty Administrative Review; 2010– 6 See Clearon Corp., and Occidental Chemical
here: http://enforcement.trade.gov/remands/15– 2011, 78 FR 4386 (January 22, 2013) (2010–2011 AR Corp., et. al. v. United States, Slip Op. 16–110,
91.pdf. Final Results). Consolidated Court No. 13–00073 (CIT 2016).
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![93666 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices
Court’s final judgment affirming the DEPARTMENT OF COMMERCE Rescission of Review
2010–2011 AR Final Results constitutes Pursuant to 19 CFR 351.213(d)(1), the
the Court’s final decision which is not International Trade Administration Department will rescind an
in harmony with the 2010–2011 AR [C–570–911] administrative review, in whole or in
Final Results. This notice is published part, if a party that requested a review
in fulfillment of the publication Circular Welded Carbon Quality Steel withdraws the request within 90 days of
requirements of Timken. Accordingly, Pipe From the People’s Republic of the date of publication of notice of
the Department will continue the China: Rescission of Countervailing initiation of the requested review. The
suspension of liquidation of the subject Duty Administrative Review; 2015 petitioner withdrew its request for
merchandise pending a final and AGENCY: Enforcement and Compliance, review by the 90-day deadline. No other
conclusive court decision. International Trade Administration, parties requested an administrative
Department of Commerce. review of the order. Therefore, in
Amended Final Results of Review accordance with 19 CFR 351.213(d)(1),
SUMMARY: The Department of Commerce
Because there is now a final court is rescinding the administrative review we are rescinding the administrative
decision, the Department is amending of the countervailing duty order on review of the countervailing duty order
circular welded carbon quality steel on CWP from the PRC covering the
the 2010–2011 AR Final Results with
pipe (CWP) from the People’s Republic period January 1, 2015, through
respect Jiheng and Kangtai, as follows:
of China (PRC) for the period January 1, December 31, 2015.
Weighted- 2015, through December 31, 2015, based Assessment
average on the timely withdrawal of the request
Exporter The Department will instruct U.S.
margin for review.
percentage DATES: Effective December 21, 2016. Customs and Border Protection (CBP) to
assess countervailing duties on all
Hebei Jiheng Chemical Co., FOR FURTHER INFORMATION CONTACT:
appropriate entries. Countervailing
Ltd. .................................... 31.22 Rebecca M. Janz, AD/CVD Operations,
duties shall be assessed at rates equal to
Juancheng Kangtai Chemical Office II, Enforcement and Compliance,
the cash deposit of estimated
Co., Ltd. ............................ 34.21 International Trade Administration,
countervailing duties required at the
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, time of entry, or withdrawal from
In the event the Court’s ruling is not warehouse, for consumption, in
DC 20230; telephone: (202) 482–2972.
appealed or, if appealed, upheld by a accordance with 19 CFR
SUPPLEMENTARY INFORMATION:
final and conclusive court decision, the 351.212(c)(1)(i). The Department
Department will instruct the U.S. Background intends to issue appropriate assessment
Customs and Border Protection to assess On July 5, 2016, the Department instructions to CBP 15 days after the
antidumping duties on unliquidated published in the Federal Register a date of publication of this notice in the
entries of subject merchandise based on notice of opportunity to request an Federal Register.
the revised rate the Department administrative review of the This notice is published in
determined and listed above. countervailing duty order on CWP from accordance with section 751 of the Act
the PRC for the period January 1, 2015, and 19 CFR 351.213(d)(4).
Cash Deposit Requirements
through December 31, 2015.1 The Dated: December 15, 2016.
Because there have been subsequent Department received a timely-filed Christian Marsh,
administrative reviews for Jiheng and request from Wheatland Tube Company Deputy Assistant Secretary for Antidumping
Kangtai, the case deposit rates will (the petitioner), in accordance with and Countervailing Duty Operations.
remain the rates established in the section 751(a) of the Tariff Act of 1930, [FR Doc. 2016–30727 Filed 12–20–16; 8:45 am]
2012–2013 Final Results, which are 0.00 as amended (the Act), and 19 CFR BILLING CODE 3510–DS–P
351.213(b), for an administrative review
percent respectively for both Jiheng and
of this countervailing duty order.2
Kangtai.7
Pursuant to this request and in DEPARTMENT OF COMMERCE
Notification to Interested Parties accordance with 19 CFR
351.221(c)(1)(i), on September 12, 2016, National Oceanic and Atmospheric
This notice is issued and published in the Department published in the Administration
accordance with sections 516A(e)(l), Federal Register a notice of initiation
75l(a)(l), and 777(i)(l) of the Act. with respect to 20 individually-named Proposed Information Collection;
companies or company groups.3 On Comment Request; Chesapeake Bay
Dated: December 15, 2016.
December 12, 2016, the petitioner Watershed Environmental Literacy
Christian Marsh, Indicator Tool
timely withdrew its request for an
Deputy Assistant Secretary for Antidumping administrative review.4
and Countervailing Duty Operations. AGENCY: National Oceanic and
[FR Doc. 2016–30728 Filed 12–20–16; 8:45 am]
Atmospheric Administration (NOAA),
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
Commerce.
BILLING CODE 3510–DS–P
to Request Administrative Review, 81 FR 43584 ACTION: Notice.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(July 5, 2016).
2 See letter from the petitioner, ‘‘Circular Welded SUMMARY: The Department of
Carbon Quality Steel Pipe From the People’s Commerce, as part of its continuing
Republic of China: Request for Administrative effort to reduce paperwork and
Review,’’ dated July 29, 2016.
7 See Chlorinated Isocyanurates From the 3 See Initiation of Antidumping and
respondent burden, invites the general
People’s Republic of China: Final Results of Countervailing Duty Administrative Reviews, 81 FR public and other Federal agencies to
Antidumping Duty Administrative Review; 2012– 62720 (September 12, 2016).
2013, 80 FR 4539 (January 28, 2015) (2012–2013 4 See letter from the petitioner, ‘‘Circular Welded Republic of China: Withdrawal of Request for
Final Results). Carbon Quality Steel Pipe From the People’s Administrative Review,’’ dated December 12, 2016.
VerDate Sep<11>2014 18:38 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1](https://thefederalregister.org/doc/81_FR_93910/page/2.svg)
Document Created: 2018-02-14 09:12:09
Document Modified: 2018-02-14 09:12:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective December 3, 2016. | |
| Contact | Emily Halle, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0176. | |
| FR Citation | 81 FR 93665 |
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