82 FR 57714 - Fresh Garlic 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
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 234 (December 7, 2017)
International Trade Administration
Federal Register Volume 82, Issue 234 (December 7, 2017)
| Page Range | 57714-57715 | |
| FR Document | 2017-26384 |
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)] [Notices] [Pages 57714-57715] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26384] ----------------------------------------------------------------------- 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 Results of Administrative Review and Notice of Amended Final Results AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 19, 2017, the United States Court of International Trade (the CIT) entered final judgment sustaining the Department of Commerce's (the Department) second remand results pertaining to 18th administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) for Hebei Golden Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda Industrial Co., Ltd. (Xinboda). The Department is notifying the public that the final judgment in this case is not in harmony with the final results and partial rescission of the 18th antidumping duty administrative review and that the Department has amended the dumping margins found for Xinboda and Golden Bird. DATES: Applicable September 29, 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 On June 30, 2014, the Department published the Final Results pertaining to mandatory respondents Golden Bird and Xinboda, along with other exporters.\1\ In the Final Results, the Department selected the Philippines as the primary surrogate country and relied on total adverse facts available (AFA) with respect to Golden Bird and found that the company was part of the PRC-wide entity.\2\ The Department calculated a rate of $1.82 per kilogram for Xinboda. --------------------------------------------------------------------------- \1\ 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 36721 (June 30, 2014) (Final Results), and accompanying Issues and Decision Memorandum (IDM). \2\ See IDM. --------------------------------------------------------------------------- On November 30, 2015, the CIT remanded for the Department to: (1) Consider evidence on the record concerning Golden Bird's independence from government control to determine whether the company is entitled to separate rate status based solely on that evidence, and if so, to determine an appropriate dumping margin specific to Golden Bird, taking into consideration the Department's sustained determination to select total AFA and applying the law extant at the time of the Final Results; (2) reconsider its surrogate country selection in the light of the Court's ruling concerning its interpretation of ``significant producer.'' \3\ --------------------------------------------------------------------------- \3\ See Fresh Garlic Producers Association v. United States, 121 F. Supp. 3d 1313 (CIT 2015). --------------------------------------------------------------------------- On February 29, 2016, the Department filed the Final Remand Results.\4\ In accordance with the Final Remand Results, the Department found, under protest, that Golden Bird is not part of the PRC wide entity and assigned a new separate AFA rate of $2.24 per kilogram, which represented Xinboda's highest transaction-specific margin from the instant administrative review.\5\ The Department continued to find that the Philippines was a significant producer, taking into account the ``comparative'' [[Page 57715]] analysis required by the Court and the specific facts of this case.\6\ --------------------------------------------------------------------------- \4\ See Memorandum to The File, ``Final Results of Redetermination Pursuant to Remand: Fresh Garlic from the People's Republic of China,'' (February 29, 2016) (Final Remand Results). \5\ Id. at 6. \6\ Id. at 6-11. --------------------------------------------------------------------------- On July 7, 2016, the CIT again remanded the Department's selection of the Philippines as a surrogate country.\7\ Per the Court's instructions, the Department reconsidered its surrogate country selection and, under protest, selected Ukraine as the primary surrogate country.\8\ The calculations performed with the new surrogate values resulted in a weighted-average dumping margin of $2.19 per kilogram for Xinboda. Since the Department recalculated a margin for Xinboda with a new surrogate country and new surrogate values, we updated Golden Bird's separate AFA rate to reflect Xinboda's highest-transaction specific margin using the new surrogate values. Accordingly, Golden Bird was assigned an updated AFA rate of $2.76 per kilogram. --------------------------------------------------------------------------- \7\ See Fresh Garlic Producers Association v. United States, 180 F. Supp. 3d 1233 (CIT 2016). \8\ See Memorandum to The File, ``Final Results of Redetermination Pursuant to Remand: Fresh Garlic from the People's Republic of China, Fresh Garlic Producers Association, et al., v. United States, U.S. Court of International Trade, Consol. Ct. No. 14-00180, Slip Op. 16-68,'' (January 10, 2017) (Second Remand Results). --------------------------------------------------------------------------- On September 19, 2017, the CIT sustained the Department's Second Remand Results with respect to the eighteenth administrative review of the AD order on fresh garlic from China.\9\ --------------------------------------------------------------------------- \9\ See Fresh Garlic Producers Association v. United States, CIT Slip Op. 17-127, Consol. Ct. No. 14-00180 (September 19, 2017) (Slip Op. 17-127). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\10\ as clarified by Diamond Sawblades,\11\ 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 September 19, 2017, final judgment sustaining the Second Remand Results constitutes a final decision of the Court that is not in harmony with the Department's Final Results.\12\ This notice is published in fulfillment of the Timken publication requirements. --------------------------------------------------------------------------- \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). \12\ See Final Results. --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, we are amending the Final Results with respect to the dumping margins calculated for Xinboda and Golden Bird. Based on the Second Remand Results, as affirmed by the CIT, the revised dumping margin for Xinboda, from November 1, 2011, through October 31, 2012, is $2.19 per kilogram. The separate AFA rate for Golden Bird from November 1, 2011, through October 31, 2012, is $2.76 per kilogram. Because the CIT's ruling was not appealed, it represents a final and conclusive court decision, and accordingly the Department will instruct Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margins summarized above. Cash Deposit Requirements The Department will not update the cash deposit requirements for Golden Bird and Xinboda as they each have later-determined rates from subsequent administrative reviews. 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: December 4, 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. 2017-26384 Filed 12-6-17; 8:45 am] BILLING CODE 3510-DS-P
![57714 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices
and the origin of the imported cores and for the Department’s decision to initiate DATES: Applicable September 29, 2017.
segments being joined into finished an anti-circumvention inquiry, as FOR FURTHER INFORMATION CONTACT:
diamond sawblades. Failure to respond provided above. In accordance with 19 Chien-Min Yang, AD/CVD Operations,
completely to the Department’s requests CFR 351.225(l)(2), if the Department Office VII, Enforcement and
for information may result in the issues a preliminary affirmative Compliance, International Trade
application of partial or total facts determination, we will then instruct Administration, U.S. Department of
available pursuant to section 776(a) of CBP to suspend liquidation and require Commerce, 1401 Constitution Avenue
the Act, which may include adverse a cash deposit of estimated antidumping NW., Washington, DC 20230; telephone:
inferences pursuant to section 776(b) of duties at the applicable rate for each (202) 482–5484.
the Act. unliquidated entry of the merchandise
SUPPLEMENTARY INFORMATION:
Based on these allegations, we are at issue, entered or withdrawn from
initiating an anti-circumvention inquiry warehouse for consumption on or after Background
concerning the antidumping duty order the date of initiation of the inquiry. On June 30, 2014, the Department
on diamond sawblades from the PRC, The Department will establish a
published the Final Results pertaining
pursuant to section 781(b) of the Act schedule for questionnaires and
to mandatory respondents Golden Bird
and 19 CFR 351.225(h), with respect to comments on the issues. In accordance
and Xinboda, along with other
such merchandise from Thailand as with section 781(f) of the Act and 19
exporters.1 In the Final Results, the
described above. Because we are CFR 351.225(f)(5), the Department
initiating this anti-circumvention Department selected the Philippines as
intends to issue its final determination
inquiry, we are not initiating a changed the primary surrogate country and relied
within 300 days of the date of
circumstances review. on total adverse facts available (AFA)
publication of this initiation.
While we believe sufficient factual This notice is published in with respect to Golden Bird and found
information has been submitted by the accordance with section 781(b) of the that the company was part of the PRC-
petitioner to support the initiation of an Act and 19 CFR 351.225(h). wide entity.2 The Department calculated
anti-circumvention inquiry, we do not a rate of $1.82 per kilogram for Xinboda.
Dated: December 1, 2017. On November 30, 2015, the CIT
find that the record supports the
Gary Taverman, remanded for the Department to: (1)
simultaneous issuance of a preliminary
Deputy Assistant Secretaryfor Antidumping Consider evidence on the record
ruling. An anti-circumvention inquiry is
and Countervailing Duty Operations, concerning Golden Bird’s independence
typically complicated by its nature and performing the non-exclusive functions and
can require information regarding from government control to determine
duties of the Assistant Secretary for
production in both the country subject whether the company is entitled to
Enforcement and Compliance.
to the order and the third country in separate rate status based solely on that
[FR Doc. 2017–26398 Filed 12–6–17; 8:45 am]
which the production of finished evidence, and if so, to determine an
BILLING CODE 3510–DS–P
merchandise is completed. As we appropriate dumping margin specific to
explained above, the Department Golden Bird, taking into consideration
intends to request additional the Department’s sustained
DEPARTMENT OF COMMERCE
information regarding the statutory determination to select total AFA and
criteria to determine whether shipments International Trade Administration applying the law extant at the time of
of finished diamond sawblades from the Final Results; (2) reconsider its
[A–570–831] surrogate country selection in the light
Thailand are circumventing the
antidumping duty order on diamond of the Court’s ruling concerning its
Fresh Garlic From the People’s
sawblades from the PRC. Thus, with interpretation of ‘‘significant
Republic of China: Notice of Court
further development of the record producer.’’ 3
Decision Not in Harmony With Final
required before a preliminary ruling can On February 29, 2016, the Department
Results of Administrative Review and
be issued, the Department does not find filed the Final Remand Results.4 In
Notice of Amended Final Results
it appropriate to issue a preliminary accordance with the Final Remand
ruling at this time. AGENCY: Enforcement and Compliance, Results, the Department found, under
International Trade Administration, protest, that Golden Bird is not part of
Notification to Interested Parties Department of Commerce. the PRC wide entity and assigned a new
In accordance with 19 CFR SUMMARY: On September 19, 2017, the separate AFA rate of $2.24 per kilogram,
351.225(e), the Department finds that United States Court of International which represented Xinboda’s highest
the issue of whether a product is Trade (the CIT) entered final judgment transaction-specific margin from the
included within the scope of an order sustaining the Department of instant administrative review.5 The
cannot be determined based solely upon Commerce’s (the Department) second Department continued to find that the
the application and the descriptions of remand results pertaining to 18th Philippines was a significant producer,
the merchandise. Accordingly, the administrative review of the taking into account the ‘‘comparative’’
Department will notify by mail all antidumping duty order on fresh garlic
parties on the Department’s scope from the People’s Republic of China 1 See Fresh Garlic from the People’s Republic of
service list of the initiation of this anti- (PRC) for Hebei Golden Trading Co., China: Final Results and Partial Rescission of the
circumvention inquiry. In addition, in Ltd. (Golden Bird) and Shenzhen 18th Antidumping Duty Administrative Review;
2011–2012, 79 FR 36721 (June 30, 2014) (Final
accordance with 19 CFR 351.225(f)(1)(i) Xinboda Industrial Co., Ltd. (Xinboda). Results), and accompanying Issues and Decision
and (ii), in this notice of initiation The Department is notifying the public
sradovich on DSK3GMQ082PROD with NOTICES
Memorandum (IDM).
issued under 19 CFR 351.225(e), we that the final judgment in this case is 2 See IDM.
have included a description of the not in harmony with the final results 3 See Fresh Garlic Producers Association v.
product that is the subject of this anti- and partial rescission of the 18th United States, 121 F. Supp. 3d 1313 (CIT 2015).
4 See Memorandum to The File, ‘‘Final Results of
circumvention inquiry (i.e., diamond antidumping duty administrative review
Redetermination Pursuant to Remand: Fresh Garlic
sawblades finished in Thailand by the and that the Department has amended from the People’s Republic of China,’’ (February 29,
joining of cores and segments from the the dumping margins found for Xinboda 2016) (Final Remand Results).
PRC) and an explanation of the reasons and Golden Bird. 5 Id. at 6.
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![Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices 57715
analysis required by the Court and the Results with respect to the dumping (NSSMC). The period of review (POR) is
specific facts of this case.6 margins calculated for Xinboda and May 1, 2015, through April 30, 2016. As
On July 7, 2016, the CIT again Golden Bird. Based on the Second a result of our analysis of the comments
remanded the Department’s selection of Remand Results, as affirmed by the CIT, and information received, these final
the Philippines as a surrogate country.7 the revised dumping margin for results differ from the preliminary
Per the Court’s instructions, the Xinboda, from November 1, 2011, results of review. For the final weighted-
Department reconsidered its surrogate through October 31, 2012, is $2.19 per average dumping margin, see the ‘‘Final
country selection and, under protest, kilogram. The separate AFA rate for Results of Review’’ section, below.
selected Ukraine as the primary Golden Bird from November 1, 2011, Further, we continue to find that
surrogate country.8 The calculations through October 31, 2012, is $2.76 per NSSMC had no reviewable shipments of
performed with the new surrogate kilogram. subject merchandise during the POR.
values resulted in a weighted-average Because the CIT’s ruling was not DATES: Applicable December 7, 2017.
dumping margin of $2.19 per kilogram appealed, it represents a final and FOR FURTHER INFORMATION CONTACT:
for Xinboda. Since the Department conclusive court decision, and Madeline Heeren, AD/CVD Operations,
recalculated a margin for Xinboda with accordingly the Department will Office VI, Enforcement and Compliance,
a new surrogate country and new instruct Customs and Border Protection International Trade Administration,
surrogate values, we updated Golden (CBP) to assess antidumping duties on U.S. Department of Commerce, 1401
Bird’s separate AFA rate to reflect unliquidated entries of subject Constitution Avenue NW., Washington,
Xinboda’s highest-transaction specific merchandise based on the revised DC 20230; telephone: (202) 482–9179.
margin using the new surrogate values. dumping margins summarized above. SUPPLEMENTARY INFORMATION:
Accordingly, Golden Bird was assigned
an updated AFA rate of $2.76 per Cash Deposit Requirements Background
kilogram. The Department will not update the On June 6, 2017, the Department
On September 19, 2017, the CIT cash deposit requirements for Golden published the Preliminary Results.1 A
sustained the Department’s Second Bird and Xinboda as they each have summary of the events that occurred
Remand Results with respect to the later-determined rates from subsequent since the Department published these
eighteenth administrative review of the administrative reviews. results, as well as a full discussion of
AD order on fresh garlic from China.9 the issues raised by parties for these
Notification to Interested Parties
Timken Notice final results, may be found in the Issues
This notice is issued and published in
In its decision in Timken,10 as and Decision Memorandum, which is
accordance with sections 516A(e)(1),
clarified by Diamond Sawblades,11 the hereby adopted by this notice.2
751(a)(1), and 777(i)(1) of the Act.
Court of Appeals for the Federal Circuit Dated: December 4, 2017. Scope of the Order
held that, pursuant to section 516A(e) of Gary Taverman, The diffusion-annealed, nickel-plated
the Tariff Act of 1930, as amended (the flat-rolled steel products included in
Deputy Assistant Secretary for Antidumping
Act), the Department must publish a and Countervailing Duty Operations, this order are flat-rolled, cold-reduced
notice of a court decision that is not ‘‘in performing the non-exclusive functions and steel products, regardless of chemistry;
harmony’’ with a Department duties of the Assistant Secretary for whether or not in coils; either plated or
determination and must suspend Enforcement and Compliance. coated with nickel or nickel-based
liquidation of entries pending a [FR Doc. 2017–26384 Filed 12–6–17; 8:45 am] alloys and subsequently annealed (i.e.,
‘‘conclusive’’ court decision. The CIT’s BILLING CODE 3510–DS–P ‘‘diffusion-annealed’’); whether or not
September 19, 2017, final judgment painted, varnished or coated with
sustaining the Second Remand Results plastics or other metallic or nonmetallic
constitutes a final decision of the Court DEPARTMENT OF COMMERCE substances; and less than or equal to 2.0
that is not in harmony with the mm in nominal thickness. For purposes
Department’s Final Results.12 This International Trade Administration
of this order, ‘‘nickel-based alloys’’
notice is published in fulfillment of the [A–588–869] include all nickel alloys with other
Timken publication requirements. metals in which nickel accounts for at
Amended Final Results Diffusion-Annealed, Nickel-Plated Flat- least 80 percent of the alloy by volume.
Rolled Steel Products From Japan: Imports of merchandise included in
Because there is now a final court Final Results of Antidumping Duty the scope of this order are classified
decision, we are amending the Final Administrative Review; 2015–2016 primarily under Harmonized Tariff
6 Id. at 6–11. AGENCY: Enforcement and Compliance, Schedule of the United States (HTSUS)
7 See Fresh Garlic Producers Association v. International Trade Administration, subheadings 7212.50.0000 and
United States, 180 F. Supp. 3d 1233 (CIT 2016). Department of Commerce. 7210.90.6000, but may also be classified
8 See Memorandum to The File, ‘‘Final Results of under HTSUS subheadings
SUMMARY: On June 6, 2017, the
Redetermination Pursuant to Remand: Fresh Garlic
from the People’s Republic of China, Fresh Garlic Department of Commerce (the 1 See Diffusion-Annealed, Nickel-Plated Flat-
Producers Association, et al., v. United States, U.S. Department) published in the Federal Rolled Steel Products from Japan: Preliminary
Court of International Trade, Consol. Ct. No. 14– Register the preliminary results of the Results of Antidumping Duty Administrative
00180, Slip Op. 16–68,’’ (January 10, 2017) (Second
Remand Results).
administrative review of the Review, Preliminary Determination of No
antidumping duty order on diffusion- Shipments; 2015–2016, 82 FR 26046 (June 6, 2017)
sradovich on DSK3GMQ082PROD with NOTICES
9 See Fresh Garlic Producers Association v.
(Preliminary Results) and accompanying
United States, CIT Slip Op. 17–127, Consol. Ct. No. annealed, nickel-plated flat-rolled steel Preliminary Decision Memorandum.
14–00180 (September 19, 2017) (Slip Op. 17–127). products (nickel-plated, flat-rolled steel) 2 See Memorandum, ‘‘Issues and Decision
10 See Timken Co. v. United States, 893 F.2d 337,
from Japan. The review covers two Memorandum for the Final Results of the
341 (Fed. Cir. 1990) (Timken). Administrative Review of the Antidumping Duty
11 See Diamond Sawblades Mfrs. Coalition v.
producers/exporters of the subject
Order on Diffusion-Annealed, Nickel-Plated Flat-
United States, 626 F.3d 1374 (Fed. Cir. 2010) merchandise, Toyo Kohan Co., Ltd Rolled Steel Products from Japan; 2015–2016,’’
(Diamond Sawblades). (Toyo Kohan) and Nippon Steel & dated concurrently with and hereby adopted by this
12 See Final Results. Sumitomo Metals Corporation notice (Issues and Decision Memorandum).
VerDate Sep<11>2014 18:50 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/82_FR_57948/page/2.svg)
Document Created: 2017-12-07 00:34:54
Document Modified: 2017-12-07 00:34:54
| 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 September 29, 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 57714 |
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