83 FR 13235 - Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range		13235-13236
FR Document		2018-06149

The Court of International Trade (CIT or Court) sustained the final remand results pertaining to the administrative review of the antidumping duty order on glycine from the People's Republic of China (China), covering the period of March 1, 2013, through February 28, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce's final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong).

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13235-13236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06149]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of the Antidumping Duty 
Administrative Review and Notice of Amended Final Results; 2013-2014

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

SUMMARY: The Court of International Trade (CIT or Court) sustained the 
final remand results pertaining to the administrative review of the 
antidumping duty order on glycine from the People's Republic of China 
(China), covering the period of March 1, 2013, through February 28, 
2014. The Department of Commerce (Commerce) is notifying the public 
that the final judgment in this case is not in harmony with Commerce's 
final results of the administrative review and that Commerce is 
amending the final results with respect to the dumping margin assigned 
to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong).

DATES: Applicable [March 22, 2018].

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian Davis, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone:

[[Page 13236]]

(202) 482-3931 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 15, 2015, Commerce published the Final Results,\1\ in 
which it determined Baoding Mantong to have a weight-averaged dumping 
margin of 143.87 percent for the period under review. On August 1, 
2017, the Court sustained three of Commerce's determinations in the 
Final Results but, with respect to findings for Baoding Mantong, 
remanded the results to Commerce for reconsideration of the surrogate 
value selection for liquid ammonia and the selection of companies used 
for the respondent's surrogate financial ratios.\2\ In the Final 
Results of Redetermination, Commerce selected a new surrogate value for 
liquid ammonia and changed its selection of surrogate financial ratios; 
these two changes resulted in a dumping margin of zero percent.\3\ On 
March 12, 2018, the Court sustained the Final Results of 
Redetermination.\4\
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    \1\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 
FR 62027 (October 15, 2015) (Final Results) and accompanying Issues 
and Decision Memorandum (Issues and Decision Memorandum).
    \2\ See Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. v. United 
States, 253 F. Supp. 3d 1364 (2017). The Court consolidated actions 
filed by Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. (Evonik) and 
Baoding Mantong on January 21, 2016, but later granted a motion to 
sever and stay one of Evonik's claims pending the final disposition 
of a similar claim in another segment of this antidumping duty 
proceeding.
    \3\ See ``Final Results of Redetermination Pursuant to Court 
Remand,'' dated October 20, 2017 (Final Results of Redetermination).
    \4\ See Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. v. United 
States, Court No. 15-00296, Slip Op. 18-21 (CIT March 12, 2018).
---------------------------------------------------------------------------

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), 
Commerce must publish a notice of a court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's March 12, 
2018, final judgment sustaining the Final Results of Redetermination 
constitutes a final decision of the Court that is not in harmony with 
Commerce's Final Results. This notice is published in fulfillment of 
the Timken publication requirements. Accordingly, Commerce will 
continue the suspension of liquidation of the subject merchandise 
pending a final and conclusive court decision.
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    \5\ See Timken Co. v. United States, 893 F.2d 337 (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 of Review

    Because there is now a final court decision, Commerce is amending 
the Final Results with respect to the dumping margin calculated for 
Baoding Mantong. Based on the Final Results of Redetermination, as 
sustained by the CIT, the revised dumping margin for Baoding Mantong, 
for the period March 1, 2013, through February 28, 2014, is as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co. Ltd..................            0.00
------------------------------------------------------------------------

    In the event the Court's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, Commerce will instruct 
the U.S. Customs and Border Protection (CBP) to assess antidumping 
duties on unliquidated entries of subject merchandise with respect to 
Baoding Mantong.

Cash Deposit Requirements

    As Baoding Mantong's cash deposit rate has not been subject to 
subsequent administrative reviews, Commerce will issue revised cash 
deposit instructions to CBP adjusting the rate for Baoding Mantong to 
zero percent, effective March 22, 2018.

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: March 22, 2018.
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. 2018-06149 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices 13235

instruct U.S. Customs and Border judicial protective order, is hereby Comment 1: Date of Sale and Use of
Protection (CBP) to continue to suspend requested. Failure to comply with the Constructed Export Price
liquidation of all appropriate entries of regulations and the terms of an APO is Comment 2: Inclusion of Certain
Extraordinary Expenses in GSW’s Net
wire rod from Spain, which were a sanctionable violation.
General and Administrative Expenses
entered, or withdrawn from warehouse, Comment 3: Correction of Certain Data
Notification to Interested Parties
for consumption on or after October 31, Errors
2017, the date of publication of the This determination and this notice are Comment 4: Inclusion of Income
preliminary determination of this issued and published pursuant to Attributable to Certain Scrap Sales in
investigation in the Federal Register. sections 735(d) and 777(i)(1) of the Act GSW’s Net General and Administrative
For entries made by AME, in accordance and 19 CFR 351.210(c). Expenses
with section 735(c)(4)(A) of the Act, Comment 5: Adjustment of GSW’s
Dated: March 19, 2018.
because we continue to find that critical Reported Costs To Reflect the Yield Loss
Gary Taverman, Attributable to the Cutting Stage of the
circumstances exist, we will instruct Deputy Assistant Secretary for Antidumping Production Process
CBP to continue to suspend liquidation and Countervailing Duty Operations, Comment 6: Whether GSW Understated its
of all appropriate entries of wire rod performing the non-exclusive functions and Per-Unit Costs by Reporting Sales
from Spain which were entered, or duties of the Assistant Secretary for Quantities
withdrawn from warehouse, for Enforcement and Compliance. Comment 7: Whether GSW Improperly
consumption on or after August 2, 2017, Calculated Direct Materials Cost on a
Appendix I Product-Group Basis
which is 90 days prior to the date of
publication of the preliminary Comment 8: Inclusion of Certain Items in
Scope of the Investigation the Calculation of the CELSA
determination of this investigation in
The products covered by this investigation Companies’ General and Administrative
the Federal Register. are certain hot-rolled products of carbon steel Expense Rates
Further, Commerce will instruct CBP and alloy steel, in coils, of approximately Comment 9: AFA
to require a cash deposit equal to the round cross section, less than 19.00 mm in IX. Recommendation
estimated weighted-average dumping actual solid cross-sectional diameter.
margins as shown above. [FR Doc. 2018–06147 Filed 3–27–18; 8:45 am]
Specifically excluded are steel products
possessing the above-noted physical BILLING CODE 3510–DS–P
International Trade Commission (ITC) characteristics and meeting the Harmonized
Notification Tariff Schedule of the United States (HTSUS)
In accordance with section 735(d) of definitions for (a) stainless steel; (b) tool DEPARTMENT OF COMMERCE
the Act, we will notify the ITC of the steel; (c) high-nickel steel; (d) ball bearing
final affirmative determination of sales steel; or (e) concrete reinforcing bars and International Trade Administration
rods. Also excluded are free cutting steel
at LTFV. Because the final [A–570–836]
(also known as free machining steel)
determination in this proceeding is products (i.e., products that contain by
affirmative, in accordance with section weight one or more of the following Glycine From the People’s Republic of
735(b)(2) of the Act, the ITC will make elements: 0.1 percent of more of lead, 0.05 China: Notice of Court Decision Not in
its final determination as to whether the percent or more of bismuth, 0.08 percent or Harmony With Final Results of the
domestic industry in the United States more of sulfur, more than 0.04 percent of Antidumping Duty Administrative
is materially injured, or threatened with phosphorous, more than 0.05 percent of Review and Notice of Amended Final
material injury, by reason of imports of selenium, or more than 0.01 percent of Results; 2013–2014
wire rod from Spain sold in the United tellurium). All products meeting the physical
description of subject merchandise that are AGENCY: Enforcement and Compliance,
States at LTFV no later than 45 days not specifically excluded are included in this International Trade Administration,
after our final determination. If the ITC scope. Department of Commerce.
determines that material injury or threat The products under investigation are SUMMARY: The Court of International
of material injury does not exist, the currently classifiable under subheadings
proceeding will be terminated and all 7213.91.3011, 7213.91.3015, 7213.91.3020,
Trade (CIT or Court) sustained the final
cash deposits will be refunded. If the 7213.91.3093, 7213.91.4500, 7213.91.6000, remand results pertaining to the
ITC determines that such injury does 7213.99.0030, 7227.20.0030, 7227.20.0080, administrative review of the
exist, Commerce will issue an 7227.90.6010, 7227.90.6020, 7227.90.6030, antidumping duty order on glycine from
antidumping duty order directing CBP
and 7227.90.6035 of the HTSUS. Products the People’s Republic of China (China),
entered under subheadings 7213.99.0090 and covering the period of March 1, 2013,
to assess, upon further instruction by 7227.90.6090 of the HTSUS may also be
Commerce, antidumping duties on all through February 28, 2014. The
included in this scope if they meet the Department of Commerce (Commerce) is
imports of the subject merchandise physical description of subject merchandise
entered, or withdrawn from warehouse, above. Although the HTSUS subheadings are
notifying the public that the final
for consumption on or after the effective provided for convenience and customs judgment in this case is not in harmony
date of the suspension of liquidation, as purposes, the written description of the with Commerce’s final results of the
discussed above in the ‘‘Continuation of scope of these proceedings is dispositive. administrative review and that
Suspension of Liquidation’’ section. Commerce is amending the final results
Appendix II with respect to the dumping margin
Notification Regarding Administrative assigned to Baoding Mantong Fine
Protective Orders (APO) List of Topics Discussed in the Issues and Chemistry Co. Ltd. (Baoding Mantong).
Decision Memorandum DATES: Applicable [March 22, 2018].
This notice serves as a reminder to
daltland on DSKBBV9HB2PROD with NOTICES

parties subject to APO of their I. Summary FOR FURTHER INFORMATION CONTACT:
responsibility concerning the II. Background Edythe Artman or Brian Davis, AD/CVD
III. Use of Adverse Facts Available
disposition of proprietary information IV. Critical Circumstances
Operations, Office VI, Enforcement and
disclosed under APO in accordance V. Scope of the Investigation Compliance, International Trade
with 19 CFR 351.305(a)(3). Timely VI. Scope Comments Administration, U.S. Department of
notification of the return or destruction VII. Margin Calculations Commerce, 1401 Constitution Avenue
of APO materials, or conversion to VIII. Discussion of the Issues: NW, Washington, DC 20230; telephone:

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13236 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

(202) 482–3931 or (202) 482–7924, Results. This notice is published in DEPARTMENT OF COMMERCE
respectively. fulfillment of the Timken publication
SUPPLEMENTARY INFORMATION: requirements. Accordingly, Commerce International Trade Administration
will continue the suspension of
Background liquidation of the subject merchandise [A–570–055]
On October 15, 2015, Commerce pending a final and conclusive court
published the Final Results,1 in which decision. Carton-Closing Staples From the
it determined Baoding Mantong to have People’s Republic of China: Final
a weight-averaged dumping margin of Amended Final Results of Review Affirmative Determination of Sales at
143.87 percent for the period under Less Than Fair Value
Because there is now a final court
review. On August 1, 2017, the Court
decision, Commerce is amending the Enforcement and Compliance,
AGENCY:
sustained three of Commerce’s
Final Results with respect to the International Trade Administration,
determinations in the Final Results but,
dumping margin calculated for Baoding Department of Commerce.
with respect to findings for Baoding
Mantong, remanded the results to Mantong. Based on the Final Results of SUMMARY: The Department of Commerce
Commerce for reconsideration of the Redetermination, as sustained by the (Commerce) determines that carton-
surrogate value selection for liquid CIT, the revised dumping margin for closing staples from the People’s
ammonia and the selection of Baoding Mantong, for the period March Republic of China (China) are being, or
companies used for the respondent’s 1, 2013, through February 28, 2014, is are likely to be, sold in the United States
surrogate financial ratios.2 In the Final as follows: at less than fair value (LTFV). The final
Results of Redetermination, Commerce dumping margin of sales at LTFV is
selected a new surrogate value for liquid Weighted- shown in the ‘‘Final Determination’’
average section of this notice.
ammonia and changed its selection of Producer or exporter dumping
surrogate financial ratios; these two margin DATES: Applicable March 28, 2018.
changes resulted in a dumping margin (percent)
FOR FURTHER INFORMATION CONTACT:
of zero percent.3 On March 12, 2018, the Irene Gorelik, AD/CVD Operations,
Court sustained the Final Results of Baoding Mantong Fine
Redetermination.4 Chemistry Co. Ltd ............. 0.00 Office VIII, Enforcement and
Compliance, International Trade
Timken Notice Administration, U.S. Department of
In the event the Court’s ruling is not
In its decision in Timken,5 as clarified Commerce, 1401 Constitution Avenue
appealed or, if appealed, upheld by a NW, Washington, DC 20230; telephone:
by Diamond Sawblades,6 the Court of final and conclusive court decision,
Appeals for the Federal Circuit held (202) 482–6905.
Commerce will instruct the U.S.
that, pursuant to section 516A(e) of the SUPPLEMENTARY INFORMATION:
Customs and Border Protection (CBP) to
Tariff Act of 1930, as amended (the Act), assess antidumping duties on Background
Commerce must publish a notice of a unliquidated entries of subject
court decision that is not ‘‘in harmony’’ On November 3, 2017, Commerce
merchandise with respect to Baoding
with a Commerce determination and published in the Federal Register its
Mantong. preliminary affirmative determination
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision. Cash Deposit Requirements in the LTFV investigation of carton-
The CIT’s March 12, 2018, final closing staples from China.1 For a
judgment sustaining the Final Results of As Baoding Mantong’s cash deposit complete description of the events that
Redetermination constitutes a final rate has not been subject to subsequent followed the Preliminary Determination,
decision of the Court that is not in administrative reviews, Commerce will see the Issues and Decision
harmony with Commerce’s Final issue revised cash deposit instructions Memorandum that is dated concurrently
to CBP adjusting the rate for Baoding with this determination and hereby
1 See Glycine from the People’s Republic of Mantong to zero percent, effective adopted by this notice.2 Commerce
China: Final Results of Antidumping Duty March 22, 2018. exercised its discretion to toll deadlines
Administrative Review and Partial Rescission of affected by the closure of the Federal
Antidumping Duty Administrative Review; 2013– Notification to Interested Parties
2014, 80 FR 62027 (October 15, 2015) (Final Government from January 20 through
Results) and accompanying Issues and Decision This notice is issued and published in 22, 2018. If the new deadline falls on a
Memorandum (Issues and Decision Memorandum). non-business day, in accordance with
2 See Evonik Rexim (Nanning) Pharmaceutical accordance with sections 516A(e)(1),
Commerce’s practice, the deadline will
Co. Ltd. v. United States, 253 F. Supp. 3d 1364 751(a)(1), and 777(i)(1) of the Act.
(2017). The Court consolidated actions filed by
become the next business day. The
Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. Dated: March 22, 2018. revised deadline for the final
(Evonik) and Baoding Mantong on January 21, 2016, Gary Taverman,
but later granted a motion to sever and stay one of 1 See Carton-Closing Staples from the People’s
Evonik’s claims pending the final disposition of a
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, Republic of China: Preliminary Affirmative
similar claim in another segment of this Determination of Sales at Less Than Fair Value,
antidumping duty proceeding. performing the non-exclusive functions and Postponement of Final Determination and
3 See ‘‘Final Results of Redetermination Pursuant duties of the Assistant Secretary for Extension of Provisional Measures, 82 FR 51213
to Court Remand,’’ dated October 20, 2017 (Final Enforcement and Compliance. (November 3, 2017) (Preliminary Determination)
Results of Redetermination).
daltland on DSKBBV9HB2PROD with NOTICES

[FR Doc. 2018–06149 Filed 3–27–18; 8:45 am] and accompanying Preliminary Decision
4 See Evonik Rexim (Nanning) Pharmaceutical
Memorandum.
Co. Ltd. v. United States, Court No. 15–00296, Slip BILLING CODE 3510–DS–P 2 See Memorandum, ‘‘Issues and Decision
Op. 18–21 (CIT March 12, 2018). Memorandum for the Final Affirmative
5 See Timken Co. v. United States, 893 F.2d 337
Determination in the Less-Than-Fair-Value
(Fed. Cir. 1990) (Timken). Investigation of Carton-Closing Staples from the
6 See Diamond Sawblades Mfrs. Coalition v. People’s Republic of China,’’ dated concurrently
United States, 626 F.3d 1374 (Fed. Cir. 2010) with, and hereby adopted by, this notice (Issues and
(Diamond Sawblades). Decision Memorandum).

VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\28MRN1.SGM 28MRN1

Document Created: 2018-11-01 08:55:50
Document Modified: 2018-11-01 08:55:50

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 [March 22, 2018].
Contact		Edythe Artman or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-7924, respectively.
FR Citation		83 FR 13235

83 FR 13235 - Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013-2014

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 60 (March 28, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration