82_FR_37578 82 FR 37425 - Certain Steel Nails 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 Pursuant to Court Decision

82 FR 37425 - Certain Steel Nails 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 Pursuant to Court Decision

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 153 (August 10, 2017)

Page Range37425-37426
FR Document2017-16874

On July 3, 2017, the Court of International Trade (CIT or Court) sustained the Department of Commerce's (the Department) final remand results pertaining to the sixth administrative review of the antidumping duty order on certain steel nails from the People's Republic of China (PRC) covering the period of August 1, 2013, through July 31, 2014. 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. Therefore, the Department is amending the final results with respect to the dumping margin assigned to SDC International Aust. PTY. Ltd. (SDC).

Federal Register, Volume 82 Issue 153 (Thursday, August 10, 2017) 
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37425-37426]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16874]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails 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 Pursuant to Court Decision

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

SUMMARY: On July 3, 2017, the Court of International Trade (CIT or 
Court) sustained the Department of Commerce's (the Department) final 
remand results pertaining to the sixth administrative review of the 
antidumping duty order on certain steel nails from the People's 
Republic of China (PRC) covering the period of August 1, 2013, through 
July 31, 2014. 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. Therefore, the Department is amending the final 
results with respect to the dumping margin assigned to SDC 
International Aust. PTY. Ltd. (SDC).

DATES: Applicable July 13, 2017.

FOR FURTHER INFORMATION CONTACT: Annathea Cook, AD/CVD Operations 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0250.

SUPPLEMENTARY INFORMATION:

Background

    As part of the sixth administrative review of certain steel nails 
from the PRC, on August 29, 2014, Mid-Continent Nail Corporation (Mid 
Continent), the petitioner, requested a review of ``SDC INTERNATIONAL 
AUSTRALIA (PTY) LTD.'' \1\ On September 2, 2014, Progressive Steel and 
Wire (Progressive Wire), a domestic interested party, requested a 
review of ``SDC International Aust. Pty., Ltd.'' and ``SDC 
International Australia Pty., Ltd.'' \2\ On September 30, 2014, the 
Department initiated a review of, among other companies: ``SDC 
International Aust. Pty., Ltd.,'' ``SDC International Australia Pty., 
Ltd.,'' and ``SDC International Australia (Pty) Ltd.''
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    \1\ See Mid Continent's ``Request for Sixth Administrative 
Review,'' August 29, 2014, at Attachment 1.
    \2\ See Progressive Steel & Wire LLC's ``Request for 
Administrative Review,'' September 2, 2014, at Attachment 1.
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    On March 8, 2016, the Department issued the 6th AR Final 
Results,\3\ where the Department continued to grant a separate rate 
only to ``SDC International Aust. PTY. LTD.''--the full business name 
requested by SDC in its separate rate certification and supported by 
the company's business license.\4\ SDC challenged the 6th AR Final 
Results before the CIT.\5\
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    \3\ See Certain Steel Nails from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2013-2014, 
81 FR 14092 (March 16, 2016) (6th AR Final Results) and accompanying 
Issues and Decision Memorandum.
    \4\ See 6th AR Final Results.
    \5\ CIT Court No. 16-00062.
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    The Department requested a voluntary remand to address whether the 
Department improperly included permutations of SDC's company name as 
part of the PRC-wide entity, subjecting these name permutations to the 
PRC-wide entity rate. On January 20, 2017, the Court granted the 
Department's request for a voluntary remand to reevaluate its 
determination regarding permutations of SDC's name.
    On July 3, 2017, the CIT sustained the Department's final remand 
determination, affirming the Department's determination to continue to 
grant a separate rate to the name SDC provided on its business 
license--``SDC International Aust. PTY. LTD.''--and no other names.\6\ 
The CIT further affirmed the Department's determination to amend its 
6th AR Final Results, issue accompanying liquidation instructions 
indicating that any entries under ``SDC International Australia Pty., 
Ltd.'' and ``SDC International Australia (Pty) Ltd.'' for this review 
period may be assessed at the separate rate for ``SDC International 
Aust. PTY. LTD.,'' and to no longer list these name permutations in the 
PRC-wide entity.
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    \6\ See SDC International Aust. PTY. LTD. v. United States, CIT 
Slip Op. 17-78, Ct. No. 16-00062 (July 3, 2017).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
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 Court's July 3, 
2017, judgment in SDC International Aust. PTY. Ltd. v. United States 
constitutes a final decision of the Court that is not in harmony with 
the Department's AR6 Final Results. 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 pending expiration of the period to appeal or, if 
appealed, a final and conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, the Department hereby 
amends the AR6 Final Results with respect to the companies identified 
below. Based on the Remand Results, as affirmed by the Court in SDC 
International Aust. PTY. Ltd. v. United States, the revised 
combination-rate weighted average-dumping margin for the companies 
listed below during the period August 1, 2013, through July 31, 2014 is 
as follows:
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    \9\ The Department determines that any entries under ``SDC 
International Australia Pty., Ltd.'' and ``SDC International 
Australia (Pty) Ltd.'' for this review period may be assessed at the 
separate rate for ``SDC International Aust. PTY. LTD.'' The 
Department will issue accompanying liquidation instructions 
indicating that these permutations are assessed at the separate 
rate, i.e. 11.95%, and will no longer identify these name 
permutations as part of the PRC-wide entity for this review period. 
These changes to the 6th AR Final Results are specific to, and a 
result of, the above-referenced remand redetermination.

------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
------------------------------------------------------------------------
SDC International Aust. PTY. Ltd. (SDC) \9\.............           11.95
------------------------------------------------------------------------

    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 (CBP) to assess antidumping 
duties on

[[Page 37426]]

unliquidated entries of subject merchandise based on the revised 
dumping margin listed above.

Cash Deposit Requirements

    Because there is now a final court decision, we are amending the 
AR6 Final Results and have revised the weighted-average dumping margin 
for the companies as shown above. As a result of the Final Remand 
Results, and as affirmed by the Court in SDC International Aust. PTY. 
Ltd. v. United States, the cash deposit rate for the companies listed 
above is 11.95%, effective July 13, 2017. The Department will instruct 
CBP accordingly.

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: August 3, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-16874 Filed 8-9-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices 37425 Written comments and September 2, 2014, Progressive Steel Timken Notice recommendations on this change in and Wire (Progressive Wire), a domestic In its decision in Timken,7 as clarified burden should be sent within 30 days of interested party, requested a review of by Diamond Sawblades,8 the Court of publication of this notice to OIRA_ ‘‘SDC International Aust. Pty., Ltd.’’ and Appeals for the Federal Circuit held Submission@omb.eop.gov or fax to (202) ‘‘SDC International Australia Pty., that, pursuant to section 516A(e) of the 395–5806. Ltd.’’ 2 On September 30, 2014, the Tariff Act of 1930, as amended (the Act), Sheleen Dumas, Department initiated a review of, among the Department must publish a notice of Departmental PRA Lead, Office of the Chief other companies: ‘‘SDC International a court decision that is not ‘‘in Information Officer. Aust. Pty., Ltd.,’’ ‘‘SDC International harmony’’ with a Department [FR Doc. 2017–16875 Filed 8–9–17; 8:45 am] Australia Pty., Ltd.,’’ and ‘‘SDC determination and must suspend International Australia (Pty) Ltd.’’ liquidation of entries pending a BILLING CODE 3510–07–P ‘‘conclusive’’ court decision. The On March 8, 2016, the Department Court’s July 3, 2017, judgment in SDC issued the 6th AR Final Results,3 where International Aust. PTY. Ltd. v. United DEPARTMENT OF COMMERCE the Department continued to grant a States constitutes a final decision of the separate rate only to ‘‘SDC International Court that is not in harmony with the International Trade Administration Aust. PTY. LTD.’’—the full business Department’s AR6 Final Results. This [A–570–909] name requested by SDC in its separate notice is published in fulfillment of the rate certification and supported by the publication requirement of Timken. Certain Steel Nails From the People’s company’s business license.4 SDC Republic of China: Notice of Court Accordingly, the Department will challenged the 6th AR Final Results continue the suspension of liquidation Decision Not in Harmony With Final before the CIT.5 of the subject merchandise at issue Results of Administrative Review and The Department requested a voluntary pending expiration of the period to Notice of Amended Final Results remand to address whether the appeal or, if appealed, a final and Pursuant to Court Decision Department improperly included conclusive court decision. AGENCY: Enforcement and Compliance, permutations of SDC’s company name Amended Final Results International Trade Administration, as part of the PRC-wide entity, Department of Commerce. Because there is now a final court subjecting these name permutations to decision, the Department hereby SUMMARY: On July 3, 2017, the Court of the PRC-wide entity rate. On January 20, International Trade (CIT or Court) amends the AR6 Final Results with 2017, the Court granted the respect to the companies identified sustained the Department of Department’s request for a voluntary Commerce’s (the Department) final below. Based on the Remand Results, as remand to reevaluate its determination affirmed by the Court in SDC remand results pertaining to the sixth regarding permutations of SDC’s name. International Aust. PTY. Ltd. v. United administrative review of the On July 3, 2017, the CIT sustained the States, the revised combination-rate antidumping duty order on certain steel Department’s final remand weighted average-dumping margin for nails from the People’s Republic of determination, affirming the the companies listed below during the China (PRC) covering the period of period August 1, 2013, through July 31, August 1, 2013, through July 31, 2014. Department’s determination to continue 2014 is as follows: The Department is notifying the public to grant a separate rate to the name SDC that the final judgment in this case is provided on its business license—‘‘SDC Weighted- not in harmony with the final results of International Aust. PTY. LTD.’’—and no average Exporter the administrative review. Therefore, other names.6 The CIT further affirmed margin the Department is amending the final (percent) the Department’s determination to results with respect to the dumping amend its 6th AR Final Results, issue SDC International Aust. PTY. margin assigned to SDC International accompanying liquidation instructions Ltd. (SDC) 9 ....................... 11.95 Aust. PTY. Ltd. (SDC). indicating that any entries under ‘‘SDC DATES: Applicable July 13, 2017. International Australia Pty., Ltd.’’ and In the event that the CIT’s ruling is FOR FURTHER INFORMATION CONTACT: ‘‘SDC International Australia (Pty) Ltd.’’ not appealed or, if appealed, is upheld Annathea Cook, AD/CVD Operations for this review period may be assessed by a final and conclusive court decision, Office V, Enforcement and Compliance, at the separate rate for ‘‘SDC the Department will instruct U.S. International Trade Administration, International Aust. PTY. LTD.,’’ and to Customs and Border Protection (CBP) to U.S. Department of Commerce, 1401 no longer list these name permutations assess antidumping duties on Constitution Avenue NW., Washington, in the PRC-wide entity. DC 20230; telephone: (202) 482–0250. 7 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). SUPPLEMENTARY INFORMATION: 8 See Diamond Sawblades Mfrs. Coalition v. Background 2 See Progressive Steel & Wire LLC’s ‘‘Request for United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). Administrative Review,’’ September 2, 2014, at As part of the sixth administrative Attachment 1. 9 The Department determines that any entries review of certain steel nails from the under ‘‘SDC International Australia Pty., Ltd.’’ and 3 See Certain Steel Nails from the People’s ‘‘SDC International Australia (Pty) Ltd.’’ for this PRC, on August 29, 2014, Mid- Republic of China: Final Results of Antidumping review period may be assessed at the separate rate mstockstill on DSK30JT082PROD with NOTICES Continent Nail Corporation (Mid Duty Administrative Review; 2013–2014, 81 FR for ‘‘SDC International Aust. PTY. LTD.’’ The Continent), the petitioner, requested a 14092 (March 16, 2016) (6th AR Final Results) and Department will issue accompanying liquidation review of ‘‘SDC INTERNATIONAL accompanying Issues and Decision Memorandum. instructions indicating that these permutations are 4 See 6th AR Final Results. assessed at the separate rate, i.e. 11.95%, and will AUSTRALIA (PTY) LTD.’’ 1 On no longer identify these name permutations as part 5 CIT Court No. 16–00062. of the PRC-wide entity for this review period. These 1 See Mid Continent’s ‘‘Request for Sixth 6 See SDC International Aust. PTY. LTD. v. changes to the 6th AR Final Results are specific to, Administrative Review,’’ August 29, 2014, at United States, CIT Slip Op. 17–78, Ct. No. 16–00062 and a result of, the above-referenced remand Attachment 1. (July 3, 2017). redetermination. VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1

37426 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices unliquidated entries of subject NMFS, 1315 East-West Highway, Room Commission and its Committee of merchandise based on the revised 13705, Silver Spring, MD 20910; phone Scientific Advisors. dumping margin listed above. (301) 427–8401; fax (301) 713–0376. Julia Harrison, Cash Deposit Requirements Written comments on this application Chief, Permits and Conservation Division, should be submitted to the Chief, Office of Protected Resources, National Because there is now a final court Permits and Conservation Division, at Marine Fisheries Service. decision, we are amending the AR6 Final Results and have revised the the address listed above. Comments may [FR Doc. 2017–16900 Filed 8–9–17; 8:45 am] weighted-average dumping margin for also be submitted by facsimile to (301) BILLING CODE 3510–22–P the companies as shown above. As a 713–0376, or by email to result of the Final Remand Results, and NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line DEPARTMENT OF COMMERCE as affirmed by the Court in SDC International Aust. PTY. Ltd. v. United of the email comment. National Oceanic and Atmospheric States, the cash deposit rate for the Those individuals requesting a public Administration companies listed above is 11.95%, hearing should submit a written request effective July 13, 2017. The Department RIN 0648–XF574 to the Chief, Permits and Conservation will instruct CBP accordingly. Division at the address listed above. The Takes of Marine Mammals Incidental to Notification to Interested Parties request should set forth the specific Specified Activities; Taking Marine reasons why a hearing on this Mammals Incidental to US 101/ This notice is issued and published in application would be appropriate. Chehalis River Bridge-Scour Repair in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. FOR FURTHER INFORMATION CONTACT: Washington State Dated: August 3, 2017. Shasta McClenahan or Jennifer AGENCY: National Marine Fisheries Carole Showers, Skidmore, (301) 427–8401. Service (NMFS), National Oceanic and Executive Director, Office of Policy, SUPPLEMENTARY INFORMATION: The Atmospheric Administration (NOAA), performing the duties of Deputy Assistant subject amendment to Permit No. 16609 Commerce. Secretary for Enforcement and Compliance. is requested under the authority of the ACTION: Proposed incidental harassment [FR Doc. 2017–16874 Filed 8–9–17; 8:45 am] Marine Mammal Protection Act of 1972, authorization (IHA); request for BILLING CODE 3510–DS–P as amended (16 U.S.C. 1361 et seq.), the comments. regulations governing the taking and SUMMARY: NMFS has received a request importing of marine mammals (50 CFR from Washington State Department of DEPARTMENT OF COMMERCE part 216), the Endangered Species Act of Transportation (WSDOT) for National Oceanic and Atmospheric 1973, as amended (16 U.S.C. 1531 et authorization to take marine mammals Administration seq.), and the regulations governing the incidental to US 101/Chehalis River taking, importing, and exporting of Bridge-Scour Repair in Washington RIN 0648–XF213 endangered and threatened species (50 State. Pursuant to the Marine Mammal Marine Mammals; File No. 16609–01 CFR parts 222–226), and the Fur Seal Protection Act (MMPA), NMFS is Act of 1966, as amended (16 U.S.C. 1151 requesting comments on its proposal to AGENCY: National Marine Fisheries et seq.). issue an IHA to incidentally take marine Service (NMFS), National Oceanic and Permit No. 16609, issued on April 27, mammals during the specified activities. Atmospheric Administration (NOAA), DATES: Comments and information must 2017 (82 FR 29053), authorizes the Commerce. be received no later than September 11, receipt, import, and export of biological ACTION: Notice; receipt of application for samples to establish and bank cell lines 2017. permit amendment. from any species of cetacean, pinniped, ADDRESSES: Comments should be or sea turtle, including ESA-listed addressed to Jolie Harrison, Chief, SUMMARY: Notice is hereby given that Permits and Conservation Division, Zoological Society of San Diego species, from up to 30 individuals of each species. The permit holder is Office of Protected Resources, National [Douglas Myers, Responsible Party], Marine Fisheries Service. Physical P.O. Box 120551, San Diego, CA 92112, requesting to amend the authorization to increase the annual number of samples comments should be sent to 1315 East- has applied for an amendment to West Highway, Silver Spring, MD 20910 Scientific Research Permit No. 16609. to 60 individuals of each species, for and electronic comments should be sent DATES: Written, telefaxed, or email receipt, import, and export to fulfill a to ITP.guan@noaa.gov. comments must be received on or before new research objective to perform Instructions: NMFS is not responsible September 11, 2017. contaminant analysis. for comments sent by any other method, ADDRESSES: The application and related In compliance with the National to any other address or individual, or documents are available for review by Environmental Policy Act of 1969 (42 received after the end of the comment selecting ‘‘Records Open for Public U.S.C. 4321 et seq.), an initial period. Comments received Comment’’ from the ‘‘Features’’ box on determination has been made that the electronically, including all the Applications and Permits for activity proposed is categorically attachments, must not exceed a 25- Protected Species home page, https:// excluded from the requirement to megabyte file size. Attachments to mstockstill on DSK30JT082PROD with NOTICES apps.nmfs.noaa.gov, and then selecting prepare an environmental assessment or electronic comments will be accepted in File No. 16609 from the list of available environmental impact statement. Microsoft Word or Excel or Adobe PDF applications. file formats only. All comments Concurrent with the publication of These documents are also available received are a part of the public record upon written request or by appointment this notice in the Federal Register, and will generally be posted online at in the Permits and Conservation NMFS is forwarding copies of this www.nmfs.noaa.gov/pr/permits/ Division, Office of Protected Resources, application to the Marine Mammal incidental/construction.htm without VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1


Document Created: 2017-08-10 01:01:35
Document Modified: 2017-08-10 01:01:35
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
DatesApplicable July 13, 2017.
ContactAnnathea Cook, AD/CVD Operations Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0250.
FR Citation82 FR 37425 
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