82_FR_10359 82 FR 10332 - Multilayered Wood Flooring From the People's Republic of China: Correction to the Final Results of Antidumping Duty Administrative Review, Rescission of Review, in Part

82 FR 10332 - Multilayered Wood Flooring From the People's Republic of China: Correction to the Final Results of Antidumping Duty Administrative Review, Rescission of Review, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range10332-10333
FR Document2017-02789

The Department of Commerce (``Department'') is amending the final results of the third administrative review of the antidumping duty (``AD'') order on Multilayered Wood Flooring (``MLWF'') from the People's Republic of China (``PRC'') to correct a ministerial error. The Department has reviewed Linyi Anying's allegation and determined that there was an error in the review of Linyi Anying's No Shipment Certification.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10332-10333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02789]



[[Page 10332]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Correction to the Final Results of Antidumping Duty Administrative 
Review, Rescission of Review, in Part

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

SUMMARY: The Department of Commerce (``Department'') is amending the 
final results of the third administrative review of the antidumping 
duty (``AD'') order on Multilayered Wood Flooring (``MLWF'') from the 
People's Republic of China (``PRC'') to correct a ministerial error. 
The Department has reviewed Linyi Anying's allegation and determined 
that there was an error in the review of Linyi Anying's No Shipment 
Certification.

DATES: Effective Date: July 19, 2016.

FOR FURTHER INFORMATION CONTACT:  William Horn, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2615.

SUPPLEMENTARY INFORMATION: 

Background

    On July 19, 2016, the Department published the final results of the 
third administrative review of the AD order on MLWF from the PRC.\1\ On 
August 11, 2016, the Department published a correction to the Final 
Results to include a list of PRC-wide entity companies omitted from the 
Final Results.\2\ Linyi Anying Wood Co., Ltd. (``Anying'') was included 
within the PRC-wide entity. The period of review (``POR'') is December 
1, 2013, through November 30, 2014. On August 12, 2016, the Department 
received a ministerial error allegation on behalf of Anying.
---------------------------------------------------------------------------

    \1\ Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
2013-2014, 81 FR 46899 (July 19, 2016).
    \2\ Multilayered Wood Flooring from the People's Republic of 
China: Correction to the Final Results of the Antidumping Duty 
Administrative Review, 81 FR 53120 (August 11, 2016).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order includes MLWF, subject to 
certain exceptions.\3\ Imports of the subject merchandise are provided 
for under the following subheadings of the Harmonized Tariff Schedule 
of the United States (``HTSUS''): 4412.31.0520; 4412.31.0540; 
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.3175; 4412.31.4040; 
4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 
4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 
4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 
4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2520; 4412.32.2525; 
4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 
4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 
4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 
4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 
4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 
4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 
4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 
4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 
4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 
4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 
4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5105; 
4412.99.5115; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 
4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 
4418.72.9500; and 9801.00.2500. While HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
subject merchandise is dispositive.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, regarding ``Issues and Decision Memorandum for the Final 
Results of the 2013-2014 Antidumping Duty Administrative Review of 
Multilayered Wood Flooring from the People's Republic of China,'' 
(``Final Results IDM''), dated July 12, 2016 for a complete 
description of the Scope of the Order.
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Ministerial Error

    The Department will, if appropriate, correct any ministerial errors 
by amending the final results of review. Section 751(h) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.224(f) define a 
``ministerial error'' as an error ``in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial.''
    On August 12, 2016, Anying submitted a ministerial error 
allegation. On August 18, 2016, Anying filed a complaint with the U.S. 
Court of International Trade (``CIT'') contesting the application of 
the PRC-entity rate on the same grounds as the ministerial error 
allegation.\4\ On November 10, 2016, the CIT granted the Department 
leave to consider the ministerial error allegation filed by Anying and, 
if necessary, to publish amended final results.\5\
---------------------------------------------------------------------------

    \4\ See Linyi Anying Wood Co., Ltd and Lumber Liquidators 
Services, LLC vs. United States, Court No. 16-00159 (ECF Dkt. No. 
6).
    \5\ See id. (ECF Dkt. No. 25, dated November 10, 2016).
---------------------------------------------------------------------------

    Anying alleges that, although the it submitted a ``no shipments'' 
certificate in the third administrative review, the Department failed 
to rescind the administrative review for Anying. As a result, it was 
incorrectly included within the PRC-entity and subject to the PRC-wide 
rate. We have determined that we made a ministerial error and we have 
determined that Anying had no shipments during the POR.\6\
---------------------------------------------------------------------------

    \6\ For a full discussion see Memorandum from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Ronald K. Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance re: Third 
Antidumping Administrative Review of Multilayered Wood Flooring from 
the People's Republic of China: Ministerial Error Memorandum 
(``Ministerial Error Memo'') dated concurrently with this notice.
---------------------------------------------------------------------------

Amended Final Results

    Because the Department has determined that Anying had no shipments 
during the POR, we hereby rescind the review with respect to Anying. As 
a result, Anying will maintain its cash deposit rate from the most 
recently completed review in which it participated. This correction to 
the final results of administrative review is issued and published in 
accordance with sections 751(h) and 777(i)(2)(i) of the Act.

Instructions to U.S. Customs and Border Protection

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), the Department determines, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise, 
where applicable, in

[[Page 10333]]

accordance with the amended final results of this review. If the 
Department determines that an exporter under review had no shipments of 
subject merchandise, any suspended entries that entered under that 
exporter's case number will be liquidated at the PRC-wide rate.\7\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these amended final results of review.
---------------------------------------------------------------------------

    \7\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirement will be effective July 19, 
2016, for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after that date, as 
provided for by section 751(a)(2)(C) of the Act. For Anying, which had 
no reviewable transactions during the POR, the cash deposit rate will 
remain unchanged from the rate assigned in the most recently completed 
review of the company.

Notifications to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 35 1.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    This correction to the final results of administrative review is 
issued and published in accordance with sections 751(h) and 
777(i)(2)(i) of the Act, and 19 CFR 351.224(e) of the Department's 
regulations.

    Dated: February 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02789 Filed 2-9-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  10332                         Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices

                                                  DEPARTMENT OF COMMERCE                                  merchandise are provided for under the                   as amended (‘‘the Act’’), and 19 CFR
                                                                                                          following subheadings of the                             351.224(f) define a ‘‘ministerial error’’ as
                                                  International Trade Administration                      Harmonized Tariff Schedule of the                        an error ‘‘in addition, subtraction, or
                                                  [A–570–970]                                             United States (‘‘HTSUS’’): 4412.31.0520;                 other arithmetic function, clerical error
                                                                                                          4412.31.0540; 4412.31.0560;                              resulting from inaccurate copying,
                                                  Multilayered Wood Flooring From the                     4412.31.2510; 4412.31.2520;                              duplication, or the like, and any other
                                                  People’s Republic of China: Correction                  4412.31.3175; 4412.31.4040;                              similar type of unintentional error
                                                  to the Final Results of Antidumping                     4412.31.4050; 4412.31.4060;                              which the Secretary considers
                                                  Duty Administrative Review,                             4412.31.4070; 4412.31.4075;                              ministerial.’’
                                                  Rescission of Review, in Part                           4412.31.4080; 4412.31.5125;                                 On August 12, 2016, Anying
                                                                                                          4412.31.5135; 4412.31.5155;                              submitted a ministerial error allegation.
                                                  AGENCY:  Enforcement and Compliance,                    4412.31.5165; 4412.31.5175;                              On August 18, 2016, Anying filed a
                                                  International Trade Administration,                     4412.31.6000; 4412.31.9100;                              complaint with the U.S. Court of
                                                  Department of Commerce.                                 4412.32.0520; 4412.32.0540;                              International Trade (‘‘CIT’’) contesting
                                                  SUMMARY: The Department of Commerce                     4412.32.0560; 4412.32.0565;                              the application of the PRC-entity rate on
                                                  (‘‘Department’’) is amending the final                  4412.32.0570; 4412.32.2510;                              the same grounds as the ministerial
                                                  results of the third administrative                     4412.32.2520; 4412.32.2525;                              error allegation.4 On November 10,
                                                  review of the antidumping duty (‘‘AD’’)                 4412.32.2530; 4412.32.3125;                              2016, the CIT granted the Department
                                                  order on Multilayered Wood Flooring                     4412.32.3135; 4412.32.3155;                              leave to consider the ministerial error
                                                  (‘‘MLWF’’) from the People’s Republic                   4412.32.3165; 4412.32.3175;                              allegation filed by Anying and, if
                                                  of China (‘‘PRC’’) to correct a ministerial             4412.32.3185; 4412.32.5600;                              necessary, to publish amended final
                                                  error. The Department has reviewed                      4412.39.1000; 4412.39.3000;                              results.5
                                                  Linyi Anying’s allegation and                           4412.39.4011; 4412.39.4012;                                Anying alleges that, although the it
                                                  determined that there was an error in                   4412.39.4019; 4412.39.4031;                              submitted a ‘‘no shipments’’ certificate
                                                  the review of Linyi Anying’s No                         4412.39.4032; 4412.39.4039;                              in the third administrative review, the
                                                  Shipment Certification.                                 4412.39.4051; 4412.39.4052;                              Department failed to rescind the
                                                  DATES: Effective Date: July 19, 2016.                   4412.39.4059; 4412.39.4061;                              administrative review for Anying. As a
                                                                                                          4412.39.4062; 4412.39.4069;                              result, it was incorrectly included
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          4412.39.5010; 4412.39.5030;                              within the PRC-entity and subject to the
                                                  William Horn, AD/CVD Operations,                                                                                 PRC-wide rate. We have determined that
                                                  Office IV, Enforcement and Compliance,                  4412.39.5050; 4412.94.1030;
                                                                                                          4412.94.1050; 4412.94.3105;                              we made a ministerial error and we
                                                  International Trade Administration,                                                                              have determined that Anying had no
                                                  Department of Commerce, 1401                            4412.94.3111; 4412.94.3121;
                                                                                                          4412.94.3131; 4412.94.3141;                              shipments during the POR.6
                                                  Constitution Avenue NW., Washington,
                                                  DC 20230; telephone: (202) 482–2615.                    4412.94.3160; 4412.94.3171;                              Amended Final Results
                                                                                                          4412.94.4100; 4412.94.5100;
                                                  SUPPLEMENTARY INFORMATION:                                                                                          Because the Department has
                                                                                                          4412.94.6000; 4412.94.7000;
                                                                                                                                                                   determined that Anying had no
                                                  Background                                              4412.94.8000; 4412.94.9000;
                                                                                                                                                                   shipments during the POR, we hereby
                                                     On July 19, 2016, the Department                     4412.94.9500; 4412.99.0600;
                                                                                                                                                                   rescind the review with respect to
                                                  published the final results of the third                4412.99.1020; 4412.99.1030;
                                                                                                                                                                   Anying. As a result, Anying will
                                                  administrative review of the AD order                   4412.99.1040; 4412.99.3110;                              maintain its cash deposit rate from the
                                                  on MLWF from the PRC.1 On August 11,                    4412.99.3120; 4412.99.3130;                              most recently completed review in
                                                  2016, the Department published a                        4412.99.3140; 4412.99.3150;                              which it participated. This correction to
                                                  correction to the Final Results to                      4412.99.3160; 4412.99.3170;                              the final results of administrative review
                                                  include a list of PRC-wide entity                       4412.99.4100; 4412.99.5100;                              is issued and published in accordance
                                                  companies omitted from the Final                        4412.99.5105; 4412.99.5115;                              with sections 751(h) and 777(i)(2)(i) of
                                                  Results.2 Linyi Anying Wood Co., Ltd.                   4412.99.5710; 4412.99.6000;                              the Act.
                                                  (‘‘Anying’’) was included within the                    4412.99.7000; 4412.99.8000;
                                                                                                          4412.99.9000; 4412.99.9500;                              Instructions to U.S. Customs and
                                                  PRC-wide entity. The period of review
                                                                                                          4418.71.2000; 4418.71.9000;                              Border Protection
                                                  (‘‘POR’’) is December 1, 2013, through
                                                  November 30, 2014. On August 12,                        4418.72.2000; 4418.72.9500; and                            Pursuant to section 751(a)(2)(C) of the
                                                  2016, the Department received a                         9801.00.2500. While HTSUS                                Act, and 19 CFR 351.212(b)(1), the
                                                  ministerial error allegation on behalf of               subheadings are provided for                             Department determines, and CBP shall
                                                  Anying.                                                 convenience and customs purposes, the                    assess, antidumping duties on all
                                                                                                          written description of the subject                       appropriate entries of subject
                                                  Scope of the Order                                      merchandise is dispositive.                              merchandise, where applicable, in
                                                    The merchandise covered by the order                  Ministerial Error                                          4 See Linyi Anying Wood Co., Ltd and Lumber
                                                  includes MLWF, subject to certain
                                                                                                            The Department will, if appropriate,                   Liquidators Services, LLC vs. United States, Court
                                                  exceptions.3 Imports of the subject                                                                              No. 16–00159 (ECF Dkt. No. 6).
                                                                                                          correct any ministerial errors by
                                                                                                                                                                     5 See id. (ECF Dkt. No. 25, dated November 10,
                                                    1 Multilayered Wood Flooring from the People’s        amending the final results of review.
                                                                                                                                                                   2016).
                                                  Republic of China: Final Results of Antidumping         Section 751(h) of the Tariff Act of 1930,                  6 For a full discussion see Memorandum from
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Duty Administrative Review, 2013–2014, 81 FR                                                                     Gary Taverman, Associate Deputy Assistant
                                                  46899 (July 19, 2016).                                  Lorentzen, Acting Assistant Secretary for                Secretary for Antidumping and Countervailing Duty
                                                    2 Multilayered Wood Flooring from the People’s
                                                                                                          Enforcement and Compliance, regarding ‘‘Issues           Operations to Ronald K. Lorentzen, Acting
                                                  Republic of China: Correction to the Final Results      and Decision Memorandum for the Final Results of         Assistant Secretary for Enforcement and
                                                  of the Antidumping Duty Administrative Review, 81       the 2013–2014 Antidumping Duty Administrative            Compliance re: Third Antidumping Administrative
                                                  FR 53120 (August 11, 2016).                             Review of Multilayered Wood Flooring from the            Review of Multilayered Wood Flooring from the
                                                    3 See Memorandum from Christian Marsh, Deputy         People’s Republic of China,’’ (‘‘Final Results IDM’’),   People’s Republic of China: Ministerial Error
                                                  Assistant Secretary for Antidumping and                 dated July 12, 2016 for a complete description of        Memorandum (‘‘Ministerial Error Memo’’) dated
                                                  Countervailing Duty Operations to Ronald K.             the Scope of the Order.                                  concurrently with this notice.



                                             VerDate Sep<11>2014   18:35 Feb 09, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\10FEN1.SGM    10FEN1


                                                                                 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices                                                   10333

                                                  accordance with the amended final                        CFR 351.224(e) of the Department’s                    surrogate value (SV) used to value the
                                                  results of this review. If the Department                regulations.                                          mandatory respondents’ 3 anthracite
                                                  determines that an exporter under                          Dated: February 6, 2017.                            coal. Carbon Activated challenged
                                                  review had no shipments of subject                       Ronald K. Lorentzen,
                                                                                                                                                                 several aspects of the Department’s final
                                                  merchandise, any suspended entries                                                                             results as they pertained to Shanxi DMD
                                                                                                           Acting Assistant Secretary for Enforcement
                                                  that entered under that exporter’s case                                                                        Corporation (Shanxi DMD), which
                                                                                                           and Compliance.
                                                  number will be liquidated at the PRC-                                                                          supplied Carbon Activated’s imports of
                                                                                                           [FR Doc. 2017–02789 Filed 2–9–17; 8:45 am]
                                                  wide rate.7 The Department intends to                                                                          subject merchandise and was found to
                                                                                                           BILLING CODE 3510–DS–P
                                                  issue assessment instructions to CBP 15                                                                        be part of the PRC-wide entity in AR6
                                                  days after the date of publication of                                                                          Final Results. On January 20, 2016, the
                                                  these amended final results of review.                                                                         Court in Calgon I remanded the
                                                                                                           DEPARTMENT OF COMMERCE
                                                  Cash Deposit Requirements                                                                                      Department’s AR6 Final Results and
                                                                                                           International Trade Administration                    instructed the Department to reconsider
                                                     The following cash deposit                                                                                  its selection of the anthracite coal SV,
                                                  requirement will be effective July 19,                   [A–570–904]                                           and directed the Department to ‘‘assign
                                                  2016, for all shipments of the subject                                                                         Shanxi DMD the all-others rate.’’ 4
                                                  merchandise entered, or withdrawn                        Certain Activated Carbon From the
                                                                                                                                                                    On May 25, 2016, the Department
                                                  from warehouse, for consumption on or                    People’s Republic of China: Notice of
                                                                                                                                                                 filed Remand I with the Court.5 Based
                                                  after that date, as provided for by                      Court Decision Not in Harmony With
                                                                                                                                                                 on Calgon I, which had ordered the
                                                  section 751(a)(2)(C) of the Act. For                     Final Results of Administrative Review
                                                                                                                                                                 Department to ‘‘reconsider its selection
                                                  Anying, which had no reviewable                          and Notice of Amended Final Results
                                                                                                                                                                 of an SV for anthracite coal’’ in AR6
                                                  transactions during the POR, the cash                    AGENCY:   Enforcement and Compliance,                 Final Results, and based on the
                                                  deposit rate will remain unchanged                       International Trade Administration,                   Department’s finding that there were
                                                  from the rate assigned in the most                       Department of Commerce.                               multiple SVs of equal reliability for
                                                  recently completed review of the                                                                               anthracite coal on the record, the
                                                                                                           SUMMARY: The Court of International
                                                  company.                                                                                                       Department determined to select the
                                                                                                           Trade (CIT or Court) sustained the
                                                  Notifications to Importers                               Department of Commerce’s (the                         anthracite coal SV based on which
                                                    This notice also serves as a final                     Department’s) second remand results                   secondary surrogate country was the
                                                  reminder to importers of their                           pertaining to the sixth administrative                most significant producer of comparable
                                                  responsibility under 19 CFR 351.402(f)                   review of the antidumping duty order                  merchandise.6 As a result of relying on
                                                  to file a certificate regarding the                      on certain activated carbon from the                  significant production of comparable
                                                  reimbursement of antidumping duties                      People’s Republic of China (PRC)                      merchandise in Remand I, the
                                                  prior to liquidation of the relevant                     covering the period of April 1, 2012,                 Department valued anthracite coal using
                                                  entries during this review period.                       through March 31, 2013. The                           contemporaneous SV data from
                                                  Failure to comply with this requirement                  Department is notifying the public that               Thailand.7 Accordingly, the margins for
                                                  could result in the Secretary’s                          the final judgment in this case is not in             Cherishmet and Jacobi (the mandatory
                                                  presumption that reimbursement of                        harmony with the final results of the                 respondents) were revised to $0.52/
                                                  antidumping duties occurred and the                      administrative review, and that the                   kilogram (kg) and to $0.51/kg,
                                                  subsequent assessment of double                          Department is amending the final                      respectively.8
                                                  antidumping duties.                                      results.                                                 Additionally, we recalculated the
                                                                                                                                                                 margin for those separate rate
                                                  Administrative Protective Order                          DATES: Effective Date: February 6, 2017.
                                                                                                                                                                 companies whose entries were subject
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                    This notice also serves as a reminder                                                                        to this litigation using the same method
                                                                                                           Robert Palmer, AD/CVD Operations                      we used in AR6 Final Results.9 Thus,
                                                  to parties subject to administrative
                                                                                                           Office VIII, Enforcement and                          we calculated a weighted-average
                                                  protective orders (APO) of their
                                                                                                           Compliance, International Trade                       margin of $0.51/kg based on the
                                                  responsibility concerning the return or
                                                                                                           Administration, U.S. Department of                    publicly ranged U.S. sales quantities of
                                                  destruction of proprietary information
                                                                                                           Commerce, 1401 Constitution Avenue                    the mandatory respondents.10 The
                                                  disclosed under APO in accordance
                                                                                                           NW., Washington, DC 20230; telephone:
                                                  with 19 CFR 35 1.305(a)(3), which
                                                                                                           (202) 482–9068.                                         3 The mandatory respondents are Jacobi Carbons
                                                  continues to govern business
                                                  proprietary information in this segment                  SUPPLEMENTARY INFORMATION:                            AB (Jacobi) and Ningxia Guanghua Cherishmet
                                                                                                                                                                 Activated Carbon Co., Ltd. (Cherishmet).
                                                  of the proceeding. Timely written                        Background                                              4 See Calgon Carbon Corp. v. United States, 145
                                                  notification of the return/destruction of                                                                      F. Supp. 3d 1312, 1322–23, 1326–29 (CIT 2016)
                                                                                                             On November 25, 2014, the
                                                  APO materials, or conversion to judicial                                                                       (Calgon I).
                                                                                                           Department issued AR6 Final Results.1                   5 See Calgon Carbon Corp. et al. v. United States,
                                                  protective order, is hereby requested.
                                                                                                           The petitioners 2 and Carbon Activated                Consol. Court No. 14–00326, Slip Op. 16–4, Final
                                                  Failure to comply with the regulations
                                                                                                           Corporation (Carbon Activated), a U.S.                Results Of Redetermination Pursuant To Court
                                                  and the terms of an APO is a                                                                                   Remand, dated May 25, 2016, (Remand I).
                                                                                                           importer of subject merchandise,
                                                  sanctionable violation.                                                                                          6 See Remand I at 15–17, 31–36.
                                                                                                           challenged certain aspects of AR6 Final                 7 Id. at 15–17, 31–35.
                                                  Notification to Interested Parties                       Results. The petitioners challenged the                 8 Id. at 49.

                                                    This correction to the final results of                Department’s final results regarding the                9 Id. at 50–51. Specifically, in AR6 Final Results,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  administrative review is issued and                                                                            we calculated the separate rate by using the ranged
                                                                                                             1 Certain Activated Carbon from the People’s        total sales quantities reported by the mandatory
                                                  published in accordance with sections                    Republic of China: Final Results of Antidumping       respondents from the public versions of their
                                                  751(h) and 777(i)(2)(i) of the Act, and 19               Duty Administrative Review; 2012–2013, 79 FR          submissions to calculate a weighted-average margin
                                                                                                           70163 (November 25, 2014) (AR6 Final Results) and     because we found that methodology is more
                                                    7 For a full discussion of this practice, see Non-     accompanying Issues and Decisions Memorandum          appropriate than calculating a simple average of the
                                                  Market Economy Antidumping Proceedings:                  (IDM).                                                mandatory respondents’ margins. See AR6 Final
                                                  Assessment of Antidumping Duties, 76 FR 65694              2 Calgon Carbon Corporation and Cabot Norit         Results, 79 FR at 70164.
                                                  (October 24, 2011).                                      Americas (collectively, the petitioners).               10 See Remand I at 50–51.




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Document Created: 2017-02-11 18:15:06
Document Modified: 2017-02-11 18:15:06
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
DatesEffective Date: July 19, 2016.
ContactWilliam Horn, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2615.
FR Citation82 FR 10332 

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