82 FR 21977 - Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results With Respect to Ningxia Huahui Activated Carbon Company, Ltd.
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 90 (May 11, 2017)
International Trade Administration
Federal Register Volume 82, Issue 90 (May 11, 2017)
| Page Range | 21977-21979 | |
| FR Document | 2017-09578 |
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)] [Notices] [Pages 21977-21979] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09578] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-904] Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results With Respect to Ningxia Huahui Activated Carbon Company, Ltd. AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 27, 2017, the Court of International Trade (CIT) issued its final judgment, sustaining the Department of Commerce's (the Department's) remand results pertaining to the third administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (PRC) covering the period of review (POR) of April 1, 2009, through March 31, 2010. The Department is notifying the public that the final judgment in this case is not in harmony with the final results of the administrative review, and that the Department is amending the final results with respect to Ningxia Huahui Activated Carbon Company, Ltd. (Huahui). DATES: Effective Date: May 7, 2017. FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 9068. SUPPLEMENTARY INFORMATION: Background On October 31, 2011, the Department issued the AR3 Final Results in its review of certain activated carbon from the PRC,\1\ in which the Department calculated zero and de minimis weighted-average dumping margins for the individually-examined respondents.\2\ In the AR3 Final Results, the Department determined that averaging the individually- examined respondents' zero and de minimis rates to establish separate rates for non-selected exporters would not be reasonably reflective of potential dumping margins during the POR.\3\ In [[Page 21978]] particular, the Department assigned to Huahui the $0.44/kg dumping margin it had assigned Huahui as an individually-examined respondent in the second administrative review, and assigned to all other separate rate respondents a dumping margin of $0.28/kg, which was the margin the Department had assigned to separate rate respondents in the second administrative review.\4\ --------------------------------------------------------------------------- \1\ See Certain Activated Carbon from the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 76 FR 67142 (October 31, 2011) (AR3 Final Results) and accompanying Issues and Decision Memorandum. \2\ The individually examined respondents were Jacobi Carbons AB and Calgon Carbon (Tianjin) Co., Ltd. \3\ See AR3 Final Results and accompanying Issues and Decision Memorandum at 5. \4\ Id. at 67145 and accompanying Issues and Decision Memorandum at 2-7. --------------------------------------------------------------------------- Certain separate rate respondents and their respective U.S. importers \5\ challenged the Department's separate rate determinations in the CIT.\6\ The CIT, in Albemarle I, remanded the Department's determination with regard to the separate rates assigned to Shanxi DMD and GHC/BPAC, and ordered the Department to reconsider its assignment of the $0.28/kg dumping margin to those separate rate respondents.\7\ The CIT reserved any decision regarding whether the $0.44/kg dumping margin assigned to Huahui was permissible until its review of the Department's remand redetermination.\8\ On remand following Albemarle I, the Department, under protest, averaged the zero and de minimis margins assigned to the individually-examined respondents in the third administrative review and assigned a dumping margin of zero to the separate rate respondents other than Huahui.\9\ The Department declined to reconsider Huahui's dumping margin on remand, and, therefore, continued to assign the previous rate of $0.44/kg.\10\ --------------------------------------------------------------------------- \5\ Plaintiffs were Huahui and its affiliated U.S. importer Albemarle Corporation; Shanxi DMD Corporation (Shanxi DMD); and Ningxia Guanghua Cherishmet Activated Carbon Company and Beijing Pacific Activated Carbon Products Company, Ltd. (GHC/BPAC) and their affiliated U.S. importer Cherishmet Inc. \6\ Albemarle Corp. v. United States, 931 F. Supp. 2d 1280 (CIT 2013) (Albemarle I). \7\ Id. at 1296-97. \8\ Id. at 1293. \9\ See Final Results of Redetermination Pursuant to Court Remand, Albemarle Corp. v. United States, Consol. Ct. No. 11-00451 at 13 (January 9, 2014) (First Remand Redetermination). \10\ Id. at 22. --------------------------------------------------------------------------- Upon review of the Department's First Remand Redetermination, the CIT sustained the Department's assignment of the zero dumping margins to Shanxi DMD and GHC/BPAC, as well as the Department's assignment of a $0.44/kg dumping margin to Huahui.\11\ On December 5, 2014, the Department issued amended final results notifying the public that the final judgment in the case, with respect to Shanxi DMD and GHC/BPAC, was not in harmony with the AR3 Final Results. Accordingly, the Department revised the weighted-average dumping margins for Shanxi DMD and GHC/BPAC to zero dollars per kilogram.\12\ --------------------------------------------------------------------------- \11\ Albemarle Corp. v. United States, 27 F. Supp. 3d 1336, 1352 (CIT 2014) (Albemarle II). \12\ Certain Activated Carbon from the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review; 2009-2010, 79 FR 72165 (December 5, 2014) (Amended AR3 Final Results). --------------------------------------------------------------------------- Multiple parties appealed to the United States Court of Appeals for the Federal Circuit (Federal Circuit). The Federal Circuit, in Albemarle III, affirmed the CIT's judgment sustaining the Department's First Remand Redetermination with respect to Shanxi DMD and GHC/BPAC, but reversed the CIT's judgment as to the $0.44/kg dumping margin assigned to Huahui.\13\ Specifically, with regard to Huahui, the Federal Circuit found that, given Huahui's history of dumping in the immediately preceding review, the Department had substantial evidence to support a determination that averaging the zero and de minimis rates assigned to the mandatory respondents may not reasonably reflect Huahui's potential dumping margin during the POR.\14\ Nonetheless, although the Federal Circuit held that the Department was entitled to use ``other reasonable methods'' in assigning a rate to Huahui, the Federal Circuit found that the chosen method of carrying forward Huahui's data from the second administrative review was unreasonable.\15\ In particular, citing the statute's preference for contemporaneity in periodic administrative reviews, the Federal Circuit held that ``Commerce could not on this record utilize data from the previous review,'' and, ``having declined to collect additional information, was required to follow the `expected method' of utilizing the de minimis margins of the individually examined respondents from the contemporaneous period.'' \16\ The Federal Circuit remanded the case to the CIT to issue appropriate instructions to the Department regarding the dumping margin to be assigned to Huahui.\17\ --------------------------------------------------------------------------- \13\ Albemarle Corp. & Subsidiaries v. United States, 821 F.3d 1345 (Fed. Cir. 2016) (Albemarle III). \14\ Id. at 1355. \15\ Id. at 1355-56. \16\ Id. at 1359. \17\ Id. --------------------------------------------------------------------------- The CIT, in turn, remanded the issue to the Department with the instruction to ``redetermine a margin for Huahui in accordance with the holding of the Court of Appeals in Albemarle III.'' \18\ In its Second Remand Redetermination, the Department averaged the zero and de minimis rates calculated for the individually-examined respondents in the third administrative review and assigned the resulting zero dumping margin to Huahui.\19\ On April 27, 2017, the CIT sustained the Second Remand Redetermination and entered judgment accordingly.\20\ The CIT's judgment in Albemarle IV constitutes a final decision that is not in harmony with the Department's AR3 Final Results and the Amended AR3 Final Results. --------------------------------------------------------------------------- \18\ See Albemarle Corp. v. United States, Consol. Court No. 11- 00451, Slip Op. 16-84 (CIT September 7, 2016) at 5-6. \19\ See Final Results of Redetermination Pursuant to Court Remand, Albemarle Corp. et al. v. United States, Consol. Court No. 11-00451, Slip Op. 16-84 (CIT September 7, 2016) (Second Remand Redetermination). \20\ See Albemarle Corp. et al. v. United States, Consol. Court No. 11-00451, Slip Op. 17-51 (CIT April 27, 2017) (Albemarle IV). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\21\ as clarified by Diamond Sawblades,\22\ the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. --------------------------------------------------------------------------- \21\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \22\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- This notice is published in fulfillment of the publication requirement of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise at issue in the Second Remand Redetermination and Albemarle IV pending expiration of the period to appeal or, if appealed, a final and conclusive court decision. Amended Final Results Because there is now a final court decision, the Department amends the AR3 Final Results with respect to Huahui. Based on the Second Remand Redetermination, as affirmed by the Court in Albemarle IV, the revised weighted-average dumping margin for Huahui for the period April 1, 2009, through March 31, 2010, is zero. In the event that the CIT's ruling is not appealed or, if appealed, is upheld by a final and conclusive court decision, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margin listed above. [[Page 21979]] Cash Deposit Requirements Because there have been subsequent administrative reviews for Huahui, the cash deposit rate for Huahui will remain the rate established in the recently-completed AR8 Final Results, which is $1.36/kg.\23\ --------------------------------------------------------------------------- \23\ See Certain Activated Carbon from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 62088, 62089 (September 8, 2016) (AR8 Final Results). --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: May 5, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-09578 Filed 5-10-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices 21977
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE—
Continued
[4/11/2017 through 4/25/2017]
Date accepted
Firm name Firm address for Product(s)
investigation
Aurora Circuits, Inc ................ 2250 White Oak Circle, Au- 4/19/2017 The firm manufactures printed circuit boards including single
rora, IL 60502. sided, double sided and multi-layer which are made of
copper, aluminum, fiberglass and other substrates.
Loudspeaker Components, 7596 U.S. Highway 61 South, 4/12/2017 The firm manufactures speakers and speaker components
LLC. Lancaster, WI 53813. including speaker cone assemblies (diaphragm), paper-
board gasket, dust caps and spiders using manufacturing
technologies such as paper making, plastic
thermoforming, plastic injection molding, foam cutting and
cloth treating sold in the OEM Automotive, aftermarket
automotive, professional, multi-media, Hi-Fi, home alarm
and musical instrument markets.
Michiana Global Mold, Inc ..... 1702 East 7th Street, 4/20/2017 The firm manufactures plastic and rubber injection molds.
Mishawaka, IN 46544.
Metlcast Industries, LLC ........ 401 East Avenue B, Salina, 4/24/2017 The firm manufactures ductile and gray iron and other al-
KS 67402. loys.
The Industrial Controls Com- N56 W24842 Corporate Cir- 4/25/2017 The firm manufactures electrical control systems including
pany, Inc. cle, Sussex, WI 53089. custom control panels, production panels and hazardous
location panels using electrical components such as wire,
wire harnesses, connectors, controllers, relays, switches
and indicators which are housed in cabinets, enclosures
and brackets.
Sunflower Electrical Systems, 8302 Hedge Lane Terrace, 4/25/2017 The firm manufactures custom electromechanical wire as-
LLC. Suite H, Shawnee, KS semblies and harnesses.
66227.
Any party having a substantial DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT:
interest in these proceedings may Robert Palmer, AD/CVD Operations
request a public hearing on the matter. International Trade Administration Office VIII, Enforcement and
A written request for a hearing must be Compliance, International Trade
[A–570–904]
submitted to the Trade Adjustment Administration, U.S. Department of
Assistance for Firms Division, Room Certain Activated Carbon From the Commerce, 14th Street and Constitution
71030, Economic Development People’s Republic of China: Notice of Avenue NW., Washington, DC 20230;
Administration, U.S. Department of Court Decision Not in Harmony With telephone: (202) 482–9068.
Commerce, Washington, DC 20230, no Final Results of Administrative Review SUPPLEMENTARY INFORMATION:
later than ten (10) calendar days and Notice of Amended Final Results Background
following publication of this notice. With Respect to Ningxia Huahui
Please follow the requirements set Activated Carbon Company, Ltd. On October 31, 2011, the Department
issued the AR3 Final Results in its
forth in EDA’s regulations at 13 CFR AGENCY: Enforcement and Compliance, review of certain activated carbon from
315.9 for procedures to request a public International Trade Administration, the PRC,1 in which the Department
hearing. The Catalog of Federal Department of Commerce. calculated zero and de minimis
Domestic Assistance official number SUMMARY: On April 27, 2017, the Court weighted-average dumping margins for
and title for the program under which of International Trade (CIT) issued its the individually-examined
these petitions are submitted is 11.313, final judgment, sustaining the respondents.2 In the AR3 Final Results,
Trade Adjustment Assistance for Firms. Department of Commerce’s (the the Department determined that
Miriam Kearse,
Department’s) remand results pertaining averaging the individually-examined
to the third administrative review of the respondents’ zero and de minimis rates
Lead Program Analyst.
antidumping duty order on certain to establish separate rates for non-
[FR Doc. 2017–09589 Filed 5–10–17; 8:45 am] activated carbon from the People’s selected exporters would not be
BILLING CODE 3510–WH–P Republic of China (PRC) covering the reasonably reflective of potential
period of review (POR) of April 1, 2009, dumping margins during the POR.3 In
through March 31, 2010. The
Department is notifying the public that 1 See Certain Activated Carbon from the People’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES
the final judgment in this case is not in Republic of China: Final Results and Partial
harmony with the final results of the Rescission of Antidumping Duty Administrative
Review, 76 FR 67142 (October 31, 2011) (AR3 Final
administrative review, and that the Results) and accompanying Issues and Decision
Department is amending the final Memorandum.
results with respect to Ningxia Huahui 2 The individually examined respondents were
Activated Carbon Company, Ltd. Jacobi Carbons AB and Calgon Carbon (Tianjin) Co.,
(Huahui). Ltd.
3 See AR3 Final Results and accompanying Issues
DATES: Effective Date: May 7, 2017. and Decision Memorandum at 5.
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![Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices 21979
Cash Deposit Requirements building block has been completed, platforms for the Trusted Geolocation in
Because there have been subsequent NIST will post a notice on the NCCoE the Cloud Building Block. The full
administrative reviews for Huahui, the Trusted Geolocation in the Cloud Web building block can be viewed at: https://
cash deposit rate for Huahui will remain site at https://nccoe.nist.gov/projects/ nccoe.nist.gov/projects/building_blocks/
the rate established in the recently- building_blocks/trusted_geolocation_in_ trusted_geolocation_in_the_cloud.
completed AR8 Final Results, which is the_cloud announcing the completion of Interested parties should contact NIST
$1.36/kg.23 the building block and informing the using the information provided in the
Notification to Interested Parties public that it will no longer accept FOR FURTHER INFORMATION CONTACT
This notice is issued and published in letters of interest for this building block. section of this notice. NIST will then
accordance with sections 516A(e)(1), ADDRESSES: The NCCoE is located at provide each interested party with a
751(a)(1), and 777(i)(1) of the Act. 9700 Great Seneca Highway, Rockville, letter of interest template, which the
Dated: May 5, 2017. MD 20850. Letters of interest must be party must complete, certify that it is
submitted to trusted-cloud-nccoe@ accurate, and submit to NIST. NIST will
Gary Taverman,
nist.gov or via hardcopy to National contact interested parties if there are
Associate Deputy Assistant Secretary for questions regarding the responsiveness
Institute of Standards and Technology,
Antidumping and Countervailing Duty
Operations. 100 Bureau Drive Mail Stop 2002 of the letters of interest to the building
Gaithersburg, MD 20899. Organizations block objective or requirements
[FR Doc. 2017–09578 Filed 5–10–17; 8:45 am]
whose letters of interest are accepted in identified below. NIST will select
BILLING CODE 3510–DS–P
accordance with the process set forth in participants who have submitted
the SUPPLEMENTARY INFORMATION section complete letters of interest on a first
of this notice will be asked to sign a come, first served basis within each
DEPARTMENT OF COMMERCE
Cooperative Research and Development category of product components or
National Institute of Standards and Agreement (CRADA) with NIST. A capabilities listed below up to the
Technology CRADA template can be found at: number of participants in each category
https://nccoe.nist.gov/library/nccoe- necessary to carry out this building
[Docket No.: 170331340–7340–01] consortium-crada-example. block. However, there may be
FOR FURTHER INFORMATION CONTACT: continuing opportunity to participate
National Cybersecurity Center of
Mike Bartock and Murugiah Souppaya even after initial activity commences.
Excellence (NCCoE) Trusted
via email to trusted-cloud-nccoe@ Selected participants will be required to
Geolocation in the Cloud Building
nist.gov; by telephone 301–975–5358; or enter into a consortium CRADA with
Block
by mail to National Institute of NIST (for reference, see ADDRESSES
AGENCY: National Institute of Standards Standards and Technology, NCCoE; 100 section above). NIST published a notice
and Technology, Department of Bureau Drive Mail Stop 2002 in the Federal Register on October 19,
Commerce. Gaithersburg, MD 20899. Additional 2012 (77 FR 64314), inviting U.S.
ACTION: Notice. details about the Trusted Geolocation in companies to enter into National
the Cloud Building Block are available Cybersecurity Excellence Partnerships
SUMMARY: The National Institute of at: https://nccoe.nist.gov/projects/ (NCEPs) in furtherance of the NCCoE.
Standards and Technology (NIST) building_blocks/trusted_geolocation_in_ For this demonstration project, NCEP
invites organizations to provide the_cloud. partners will not be given priority for
products and technical expertise to participation.
SUPPLEMENTARY INFORMATION:
support and demonstrate security Background: The NCCoE, part of Building Block Objective: The
platforms for the Trusted Geolocation in NIST, is a public-private collaboration building block provides details about
the Cloud Building Block. This notice is for accelerating the widespread the implementation of trusted resource
the initial step for the National adoption of integrated cybersecurity pools to aggregate trusted systems and
Cybersecurity Center of Excellence tools and technologies. The NCCoE segregate them from untrusted
(NCCoE) in collaborating with brings together experts from industry, resources, which results in the
technology companies to address government, and academia under one separation of higher-value, more
cybersecurity challenges identified roof to develop practical, interoperable sensitive workloads from commodity
under the Trusted Geolocation in the cybersecurity approaches that address application and data workloads. A
Cloud Building Block. Participation in the real-world needs of complex detailed description of the Trusted
the building block is open to all Information Technology (IT) systems. Geolocation in the Cloud Building Block
interested organizations. By accelerating dissemination and use is available at: https://nccoe.nist.gov/
DATES: Interested parties must contact of these integrated tools and projects/building_blocks/trusted_
NIST to request a letter of interest technologies for protecting IT assets, the geolocation_in_the_cloud.
template to be completed and submitted NCCoE will enhance trust in U.S. IT Requirements: Each responding
to NIST. Letters of interest will be communications, data, and storage organization’s letter of interest should
accepted on a first come, first served systems; reduce risk for companies and identify which security platform
basis. Collaborative activities will individuals using IT systems; and component(s) or capability(ies) it is
commence as soon as enough completed encourage development of innovative, offering. Letters of interest should not
and signed letters of interest have been job-creating cybersecurity products and include company proprietary
asabaliauskas on DSK3SPTVN1PROD with NOTICES
returned to address all the necessary services. information, and all components and
components and capabilities, but no Process: NIST is soliciting responses capabilities must be commercially
earlier than June 12, 2017. When the from all sources of relevant security available. Components are listed in
capabilities (see below) to enter into a section 5 of the Trusted Geolocation in
23 See Certain Activated Carbon from the People’s
Cooperative Research and Development the Cloud Building Block (for reference,
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2014–2015, 81 FR
Agreement (CRADA) to provide please see the link in the PROCESS
62088, 62089 (September 8, 2016) (AR8 Final products and technical expertise to section above) and include, but are not
Results). support and demonstrate security limited to:
VerDate Sep<11>2014 16:52 May 10, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1](https://thefederalregister.org/doc/82_FR_22067/page/3.svg)
Document Created: 2017-05-11 00:15:01
Document Modified: 2017-05-11 00:15:01
| 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 Date: May 7, 2017. | |
| Contact | Robert Palmer, AD/CVD Operations Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 9068. | |
| FR Citation | 82 FR 21977 |
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