82 FR 33047 - Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Rescission and Notice of Amended Final Results
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 137 (July 19, 2017)
International Trade Administration
Federal Register Volume 82, Issue 137 (July 19, 2017)
| Page Range | 33047-33048 | |
| FR Document | 2017-15140 |
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)] [Notices] [Pages 33047-33048] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15140] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Rescission and Notice of Amended Final Results AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 26, 2017, the Court of International Trade (the CIT) sustained the Department of Commerce's (the Department) final remand results pertaining to the new shipper review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) for Shijiazhuang Goodman Trading Co., Ltd. (Goodman). The Department is notifying the public that the final judgment in this case is not in harmony with the final rescission of the new shipper review and that the Department has found Goodman eligible for a new shipper review resulting in an individually-determined dumping margin of $0.08/kg. DATES: Applicable June 5, 2017. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482-5484. SUPPLEMENTARY INFORMATION: Background Goodman is a Chinese producer/exporter of fresh garlic and requested a new shipper review on November 27, 2012, and amended that request on December 6, 2012.\1\ On January 2, 2013, the Department initiated the requested NSR covering the period November 1, 2011, through October 31, 2012. --------------------------------------------------------------------------- \1\ See Goodman's letter, ``Fresh Garlic from the People's Republic of China--Re-filing Request for Antidumping New Shipper Review of Shijiazhuang Goodman Trading Co., Ltd.,'' (December 6, 2012). --------------------------------------------------------------------------- On April 21, 2014, the Department issued the Final Rescission. In the Final Rescission, the Department determined that Goodman's sales were not bona fide and, accordingly, rescinded its new shipper review.\2\ Goodman challenged the Department's findings in the Final Rescission at the CIT. --------------------------------------------------------------------------- \2\ See Fresh Garlic from the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review of Shijiazhuang Goodman Trading Co., Ltd., 79 FR 22,098 (April 21, 2014) (Final Rescission), and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- On March 22, 2016, the CIT remanded for the Department to reconsider its decision.\3\ --------------------------------------------------------------------------- \3\ See Shijiazhuang Goodman Trading Co. v. United States, 172 F. Supp. 3d 1363, 1368-82 (Ct. Int'l Trade 2016). --------------------------------------------------------------------------- Per the Court's instructions, the Department reconsidered its previous analysis and determined, under protest, Goodman's U.S. sales to be bona fide. The Department found Goodman to be eligible for a new shipper review and addressed comments raised in case briefs and rebuttal briefs during the new shipper review regarding the preliminarily-calculated rate. In the final remand results filed with the CIT on August 22, 2016 (Final Redetermination), the Department made changes to the surrogate values and re-calculated Goodman's individually-determined antidumping duty rate to be $0.08 per kilogram. On May 26, 2017, the CIT sustained the Department's Final Redetermination in full.\4\ Thus, the CIT affirmed the $0.08/kg dumping margin the Department calculated for Goodman in the Final Redetermination. --------------------------------------------------------------------------- \4\ See Shijiazhuang Goodman Trading Co., Ltd. v. United States, CIT Slip Op. 17-63, Consol. Ct. No. 14-00101 (May 26, 2017). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's May 26, 2017, final judgment sustaining the Final Redetermination constitutes a final decision of the Court that is not in harmony with the Department's Final Rescission. This notice is published in fulfillment of the Timken publication requirements. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending a final and conclusive court decision. --------------------------------------------------------------------------- \5\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, we are amending the Final Rescission with respect to the dumping margin calculated for Goodman. Based on the Final Redetermination, as affirmed by the CIT, the revised dumping margin for Goodman, from November 1, 2011, through October 31, 2012, is $0.08/kg. 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 Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margin listed above. Cash Deposit Requirements Since the Final Rescission, the Department has not established a cash deposit rate for Goodman.\7\ Therefore, the Department will issue revised cash deposit instructions to CBP, adjusting the cash deposit rate for Goodman to $0.08/kg, effective June 5, 2017. --------------------------------------------------------------------------- \7\ See Fresh Garlic from the People's Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011-2012, 79 FR 36,721 (June 30, 2014) (Final Results). --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with section 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. [[Page 33048]] Dated: July 13, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-15140 Filed 7-18-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 33047
other polymers, high styrene resin master DATES: Applicable June 5, 2017. Department calculated for Goodman in
batch, carbon black master batch (i.e., IISRP the Final Redetermination.
1600 series and 1800 series) and latex (an FOR FURTHER INFORMATION CONTACT:
intermediate product). Chien-Min Yang, AD/CVD Operations, Timken Notice
The products subject to this investigation Office VII, Enforcement and In its decision in Timken,5 as clarified
are currently classifiable under subheadings Compliance, International Trade by Diamond Sawblades,6 the Court of
4002.19.0015 and 4002.19.0019 of the Administration, U.S. Department of
Harmonized Tariff Schedule of the United
Appeals for the Federal Circuit held
Commerce, 1401 Constitution Avenue that, pursuant to section 516A(e) of the
States (HTSUS). ESB rubber is described by NW., Washington, DC 20230; telephone:
Chemical Abstract Services (CAS) Registry Tariff Act of 1930, as amended (the Act),
(202) 482–5484. the Department must publish a notice of
No. 9003–55–8. This CAS number also refers
to other types of styrene butadiene rubber. SUPPLEMENTARY INFORMATION: a court decision that is not ‘‘in
Although the HTSUS subheadings and CAS harmony’’ with a Department
registry number are provided for convenience Background determination and must suspend
and customs purposes, the written liquidation of entries pending a
description of the scope of this investigation
Goodman is a Chinese producer/
exporter of fresh garlic and requested a ‘‘conclusive’’ court decision. The CIT’s
is dispositive. May 26, 2017, final judgment sustaining
new shipper review on November 27,
Appendix II 2012, and amended that request on the Final Redetermination constitutes a
December 6, 2012.1 On January 2, 2013, final decision of the Court that is not in
List of Topics Discussed in the Issues and
Decision Memorandum the Department initiated the requested harmony with the Department’s Final
NSR covering the period November 1, Rescission. This notice is published in
I. Summary fulfillment of the Timken publication
II. Background 2011, through October 31, 2012.
requirements. Accordingly, the
III. Scope Comments On April 21, 2014, the Department
IV. Scope of the Investigation Department will continue the
issued the Final Rescission. In the Final suspension of liquidation of the subject
V. Margin Calculations Rescission, the Department determined
VI. Discussion of the Issues merchandise pending a final and
that Goodman’s sales were not bona fide conclusive court decision.
Comment 1: CEP Offset
Comment 2: Cost Adjustments Based on
and, accordingly, rescinded its new
Transactions Disregarded Rule shipper review.2 Goodman challenged Amended Final Results
Comment 3: Cost Adjustments Based on the Department’s findings in the Final Because there is now a final court
Verification Findings Rescission at the CIT. decision, we are amending the Final
Comment 4: Sales Expense Adjustments On March 22, 2016, the CIT remanded Rescission with respect to the dumping
Based on Verification Findings for the Department to reconsider its margin calculated for Goodman. Based
Comment 5: Duty Drawback Adjustment decision.3 on the Final Redetermination, as
VII. Recommendation
Per the Court’s instructions, the affirmed by the CIT, the revised
[FR Doc. 2017–14950 Filed 7–18–17; 8:45 am]
Department reconsidered its previous dumping margin for Goodman, from
BILLING CODE 3510–DS–P
analysis and determined, under protest, November 1, 2011, through October 31,
Goodman’s U.S. sales to be bona fide. 2012, is $0.08/kg.
The Department found Goodman to be In the event that the CIT’s ruling is
DEPARTMENT OF COMMERCE
eligible for a new shipper review and not appealed or, if appealed, is upheld
International Trade Administration addressed comments raised in case by a final and conclusive court decision,
briefs and rebuttal briefs during the new the Department will instruct Customs
[A–570–831] and Border Protection (CBP) to assess
shipper review regarding the
preliminarily-calculated rate. In the antidumping duties on unliquidated
Fresh Garlic From the People’s
final remand results filed with the CIT entries of subject merchandise based on
Republic of China: Notice of Court
on August 22, 2016 (Final the revised dumping margin listed
Decision Not in Harmony With Final
Redetermination), the Department made above.
Rescission and Notice of Amended
Final Results changes to the surrogate values and re- Cash Deposit Requirements
calculated Goodman’s individually-
AGENCY: Enforcement and Compliance, Since the Final Rescission, the
determined antidumping duty rate to be
International Trade Administration, Department has not established a cash
$0.08 per kilogram.
Department of Commerce. deposit rate for Goodman.7 Therefore,
SUMMARY: On May 26, 2017, the Court
On May 26, 2017, the CIT sustained the Department will issue revised cash
of International Trade (the CIT) the Department’s Final Redetermination deposit instructions to CBP, adjusting
sustained the Department of in full.4 Thus, the CIT affirmed the the cash deposit rate for Goodman to
Commerce’s (the Department) final $0.08/kg dumping margin the $0.08/kg, effective June 5, 2017.
remand results pertaining to the new Notification to Interested Parties
1 See Goodman’s letter, ‘‘Fresh Garlic from the
shipper review of the antidumping duty
People’s Republic of China—Re-filing Request for This notice is issued and published in
order on fresh garlic from the People’s Antidumping New Shipper Review of Shijiazhuang
Republic of China (PRC) for Goodman Trading Co., Ltd.,’’ (December 6, 2012).
accordance with section 516A(e)(1),
Shijiazhuang Goodman Trading Co., 2 See Fresh Garlic from the People’s Republic of 751(a)(1), and 777(i)(1) of the Act.
China: Final Rescission of Antidumping Duty New
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Ltd. (Goodman). The Department is
Shipper Review of Shijiazhuang Goodman Trading 5 See Timken Co. v. United States, 893 F.2d 337,
notifying the public that the final Co., Ltd., 79 FR 22,098 (April 21, 2014) (Final 341 (Fed. Cir. 1990) (Timken).
judgment in this case is not in harmony Rescission), and accompanying Issues and Decision 6 See Diamond Sawblades Mfrs. Coalition v.
with the final rescission of the new Memorandum. United States, 626 F.3d 1374 (Fed. Cir. 2010)
shipper review and that the Department 3 See Shijiazhuang Goodman Trading Co. v. (Diamond Sawblades).
has found Goodman eligible for a new United States, 172 F. Supp. 3d 1363, 1368–82 (Ct. 7 See Fresh Garlic from the People’s Republic of
Int’l Trade 2016). China: Final Results and Partial Rescission of the
shipper review resulting in an 4 See Shijiazhuang Goodman Trading Co., Ltd. v. 18th Antidumping Duty Administrative Review;
individually-determined dumping United States, CIT Slip Op. 17–63, Consol. Ct. No. 2011–2012, 79 FR 36,721 (June 30, 2014) (Final
margin of $0.08/kg. 14–00101 (May 26, 2017). Results).
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![33048 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
Dated: July 13, 2017. Issues and Decision Memorandum.2 The addressed in the Issues and Decision
Gary Taverman, Issues and Decision Memorandum is a Memorandum. A list of these issues is
Deputy Assistant Secretary for Antidumping public document and is on file attached to this notice as Appendix II.
and Countervailing Duty Operations, electronically via Enforcement and Based on our analysis of the comments
performing the non-exclusive functions and Compliance’s Antidumping and received and our findings at
duties of the Assistant Secretary for Countervailing Duty Centralized verifications, we made certain changes
Enforcement and Compliance. Electronic Service System (ACCESS). to the margin calculation for
[FR Doc. 2017–15140 Filed 7–18–17; 8:45 am] ACCESS is available to registered users ARLANXEO Brasil, and also the all-
BILLING CODE 3510–DS–P at https://access.trade.gov, and to all others rate.
parties in the Central Records Unit,
Room B8024 of the main Department of All-Others Rate
DEPARTMENT OF COMMERCE Commerce building. In addition, a Section 735(c)(5)(A) of the Act
complete version of the Issues and provides that in the final determination
International Trade Administration Decision Memorandum can be accessed the Department shall determine an
directly at http://enforcement.trade.gov/ estimated all-others rate for all exporters
[A–351–849] frn/. and producers not individually
Emulsion Styrene-Butadiene Rubber Scope of the Investigation examined. This rate shall be an amount
From Brazil: Final Affirmative equal to the weighted average of the
The product covered by this estimated weighted-average dumping
Determination of Sales at Less Than investigation is ESB rubber from Brazil.
Fair Value and Final Negative margins established for exporters and
For a complete description of the scope producers individually investigated,
Determination of Critical of this investigation, see Appendix I.
Circumstances excluding any zero and de minimis
Scope Comments margins, and any margins determined
AGENCY: Enforcement and Compliance, entirely under section 776 of the Act.
No interested party commented on the
International Trade Administration, For the final determination, the
scope of the investigation as it appeared
Department of Commerce. Department calculated an individual
in the Initiation Notice.3 Therefore, we
SUMMARY: The Department of Commerce estimated weighted-average dumping
did not modify the scope language of
(Department) determines that emulsion margin for ARLANXEO Brasil, the only
this investigation remains unchanged
styrene-butadiene rubber (ESB rubber) individually examined exporter/
for this final determination.
from Brazil is being, or is likely to be, producer in this investigation. Because
sold in the United States at less than fair Verification the only individually calculated
value (LTFV). The period of As provided in section 782(i) of the dumping margin is not zero, de
investigation (POI) is July 1, 2015, Act, in February and March 2017, the minimis, or based entirely on facts
through June 30, 2016. Department conducted verification of otherwise available, the estimated
DATES: July 19, 2017. the information reported by the weighted-average dumping margin
mandatory respondent ARLANXEO calculated for ARLANXEO Brasil is the
FOR FURTHER INFORMATION CONTACT: margin assigned to all-other producers
Drew Jackson, AD/CVD Operations, Brasil S.A. (ARLANXEO Brasil) and its
U.S. affiliate, ARLANXEO U.S.A. LLC, and exporters, pursuant to section
Office IV, Enforcement and Compliance, 735(c)(5)(A) of the Act.
International Trade Administration, for use in the Department’s final
U.S. Department of Commerce, 1401 determination.4 The Department used Final Determination
Constitution Avenue NW., Washington, standard verification procedures,
including an examination of relevant The Department determines that the
DC 20230; telephone: (202) 482–4406. following estimated weighted-average
accounting and production records and
SUPPLEMENTARY INFORMATION: dumping margins exist:
original source documents provided by
Background the respondent.
Estimated
On February 24, 2017, the Department Analysis of Comments Received weighted-
published the Preliminary average
All issues raised in the case and Exporter/producer dumping
Determination of this antidumping duty rebuttal briefs that were submitted by margins
LTFV investigation, as provided by parties in this investigation are (percent)
section 735 of the Tariff Act of 1930, as
amended (Act), in which the 2 See Memorandum, ‘‘Issues and Decision
ARLANXEO Brasil S.A. .............. 19.61
Department found that ESB rubber from Memorandum for the Final Determination in the
All-Others .................................... 19.61
Brazil sold at LTFV.1 A summary of the Less Than Fair Value Investigation of Emulsion
events that have occurred since the Styrene-Butadiene Rubber From Brazil,’’ dated Final Negative Determination of
concurrently with, and hereby adopted by, this Critical Circumstances
Department published the Preliminary notice (Issues and Decision Memorandum).
Determination, as well as a full 3 See Emulsion Styrene-Butadiene Rubber from
On January 25, 2017, the petitioners 5
discussion of the issues raised by Brazil, the Republic of Korea, Mexico and Poland: filed a timely critical circumstances
interested parties for this final Initiation of Less Than Fair Value Investigations, 81
FR 55438 (August 19, 2016) (Initiation Notice). allegation, pursuant to section 733(e)(1)
determination, may be found in the of the Act and 19 CFR 351.206(c)(1),
asabaliauskas on DSKBBXCHB2PROD with NOTICES
4 See Memorandum, ‘‘Verification of the
Constructed Export Price Sales Questionnaire alleging that critical circumstances exist
1 See Emulsion Styrene-Butadiene Rubber from Responses of ARLANXEO U.S.A. LLC,’’ dated April with respect to imports of ESB rubber
Brazil: Preliminary Affirmative Determination of 13, 2017; Memorandum, ‘‘Verification of the Home
Sales at Less Than Fair Value, Negative Market and Constructed Export Price Sales
from Brazil.6 On February 24, 2017, the
Determination of Critical Circumstances, Questionnaire Responses of ARLANXEO Brasil
5 Lion Elastomers LLC and East West Copolymers
Postponement of Final Determination, and S.A.,’’ dated April 21, 2017; and Memorandum,
Extension of Provisional Measures, 82 FR 11538 ‘‘Verification of the Cost Response of ARLANXEO (collectively, the petitioners).
(February 24, 2017), and accompanying Preliminary Brasil S.A. in the Antidumping Duty Investigation 6 See Letter to the Honorable Penny Pritzker,
Decision Memorandum (collectively, Preliminary of Certain Emulsion Styrene Butadiene Rubber from Secretary of Commerce, from the Petitioners,
Determination). Brazil,’’ dated May 15, 2017. concerning, ‘‘Emulsion Styrene-Butadiene Rubber
VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1](https://thefederalregister.org/doc/82_FR_33184/page/2.svg)
Document Created: 2017-07-19 06:17:49
Document Modified: 2017-07-19 06:17:49
| 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 | Applicable June 5, 2017. | |
| Contact | Chien-Min Yang, 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) 482-5484. | |
| FR Citation | 82 FR 33047 |
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