83_FR_35356 83 FR 35213 - Certain New Pneumatic Off-The-Road Tires From Sri Lanka: Notice of Court Decision Not in Harmony With Final Affirmative Countervailing Duty Determination, Notice of Amended Final Determination and Revocation of Countervailing Duty Order

83 FR 35213 - Certain New Pneumatic Off-The-Road Tires From Sri Lanka: Notice of Court Decision Not in Harmony With Final Affirmative Countervailing Duty Determination, Notice of Amended Final Determination and Revocation of Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35213-35214
FR Document2018-15879

On July 11, 2018, the United States Court of International Trade (CIT) entered its final judgment sustaining the final results of remand redetermination pursuant to court order by the Department of Commerce (Commerce) pertaining to the countervailing duty (CVD) investigation of certain new pneumatic off-the-road tires (off road tires) from Sri Lanka. Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce's final determination in the CVD investigation of off road tires from Sri Lanka. Pursuant to the CIT's final judgment, the mandatory respondent in the CVD investigation of off road tires from Sri Lanka received a net countervailable subsidy rate of 1.23 percent, a rate that is de minimis and, therefore, Commerce is hereby revoking this order.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35213-35214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15879]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-542-801]


Certain New Pneumatic Off-The-Road Tires From Sri Lanka: Notice 
of Court Decision Not in Harmony With Final Affirmative Countervailing 
Duty Determination, Notice of Amended Final Determination and 
Revocation of Countervailing Duty Order

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

SUMMARY: On July 11, 2018, the United States Court of International 
Trade (CIT) entered its final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Commerce) pertaining to the countervailing duty (CVD) 
investigation of certain new pneumatic off-the-road tires (off road 
tires) from Sri Lanka. Commerce is notifying the public that the final 
judgment in this case is not in harmony with Commerce's final 
determination in the CVD investigation of off road tires from Sri 
Lanka. Pursuant to the CIT's final judgment, the mandatory respondent 
in the CVD investigation of off road tires from Sri Lanka received a 
net countervailable subsidy rate of 1.23 percent, a rate that is de 
minimis and, therefore, Commerce is hereby revoking this order.

DATES: Applicable July 21, 2018.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6274.

SUPPLEMENTARY INFORMATION:

Background

    On January 10, 2017, Commerce published the Final Determination in 
this proceeding.\1\ Commerce reached an affirmative determination that 
countervailable subsidies were provided to mandatory respondent Camso 
Loadstar (Private), Ltd. (Camso Loadstar). Commerce published the 
countervailing duty order resulting from the investigation on March 6, 
2017.\2\
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires from Sri Lanka: 
Final Affirmative Countervailing Duty Determination, and Final 
Determination of Critical Circumstances, 82 FR 2949, 2950 (January 
10, 2017) (Final Determination) and accompanying Issues and Decision 
Memorandum.
    \2\ See Certain New Pneumatic Off-the-Road Tires from India and 
Sri Lanka: Amended Final Affirmative Countervailing Duty 
Determination for India and Countervailing Duty Orders, 82 FR 12556 
(Mar. 6, 2017) (Order).
---------------------------------------------------------------------------

    Camso Loadstar and the Government of Sri Lanka (GOSL) appealed the 
Final Determination and countervailing duty order to the CIT, and on 
April 17, 2018, the CIT remanded the Final Determination.\3\ 
Specifically, the CIT remanded the Final Determination directing 
Commerce to eliminate any duties attributable to the Guaranteed Price 
Scheme for Rubber (GPS) program based on mere reimbursement for 
excessive rubber payments.\4\ On June 13, 2016, Commerce issued its 
final results of redetermination pursuant to remand in accordance with 
the CIT's order.\5\ On remand, Commerce, under respectful protest,\6\ 
eliminated any duties attributable to the GPS program and recalculated 
the countervailable subsidy rate for Camso Loadstar accordingly. On 
July 11, 2018, the CIT sustained Commerce's Final Redetermination.\7\ 
Thus, the effective date of this notice is July 21, 2018.
---------------------------------------------------------------------------

    \3\ See Government of Sri Lanka v. United States, Slip Op. 18-43 
(CIT Apr. 17, 2018).
    \4\ Id. at 20.
    \5\ See Final Results of Redetermination on Remand Pursuant to 
Government of Sri Lanka v. United States, Slip Op. 18-43 (CIT April 
17, 2018), dated June 13, 2016 (Final Redetermination). See also 
https://enforcement.trade.gov/remands/18-43.pdf.
    \6\ See Viraj Group, Ltd. v. United States, 343 F.3d 1371 (Fed. 
Cir. 2003).
    \7\ See Government of Sri Lanka v. United States, Slip Op. 18-
87, Consol. Court No. 17-00059 (CIT July 11, 2018) (Final Remand 
Order).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the Court of Appeals for the Federal Circuit (Federal Circuit) held 
that, pursuant to section 516A of the Tariff Act of 1930, as amended 
(the Act), Commerce must publish a notice of court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision.\10\ The 
CIT's July 11, 2018, final judgment sustaining the Final 
Redetermination constitutes a final decision of that court that is not 
in harmony with Commerce's Final Determination. Thus, this notice is 
published in fulfillment of the publication requirements of Timken and 
section 516A of the Act.
---------------------------------------------------------------------------

    \8\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \10\ See Sections 516A(c) and (e) of the Act.
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
the Final Determination with respect to Camso Loadstar. The revised 
countervailable subsidy rate for Camso Loadstar for the period January 
1, 2015, through December 31, 2015, is as follows:

------------------------------------------------------------------------
           Exporter or producer                Subsidy rate (percent)
------------------------------------------------------------------------
Camso Loadstar (Private), Ltd               1.23 (de minimis).
------------------------------------------------------------------------

Revocation of the Order

    Pursuant to section 705(a)(3) of the Act, Commerce ``shall 
disregard any countervailable subsidy that is de minimis as defined in 
section 703(b)(4)'' of the Act. Furthermore, and pursuant to section 
705(c)(2) of the Act, ``the investigation shall be terminated upon 
publication of that negative

[[Page 35214]]

determination'' and Commerce shall ``terminate the suspension of 
liquidation'' and ``release any bond or other security, and refund any 
cash deposit.'' As a result of the CIT's decision affirming Commerce's 
Final Redetermination, Commerce is revoking the countervailing duty 
order on off road tires from Sri Lanka \11\ because the revised CVD 
margin for Camso Loadstar, the only mandatory respondent, is now de 
minimis.\12\ Because the revised net countervailable subsidy rate for 
the sole mandatory respondent, Camso Loadstar, is de minimis, Commerce 
did not determine an all-others rate in the Final Redetermination. 
Accordingly, Commerce intends to issue instructions to U.S. Customs and 
Border Protection (CBP) to release any bonds or other security and 
refund cash deposits pertaining to any suspended entries pursuant to 
the Order. As a result of this revocation, Commerce will not initiate 
administrative reviews of this Order.\13\
---------------------------------------------------------------------------

    \11\ See Order, 82 FR at 12556.
    \12\ See section 703(b)(4)(B) of the Act; Developing and Least-
Developed Country Designations under the Countervailing Duty Law, 63 
FR 29945 (June 2, 1998).
    \13\ Commerce did not previously initiate any administrative 
review of the Order.
---------------------------------------------------------------------------

    Although section 705(c)(2)(A) of the Act instructs Commerce to 
terminate suspension of liquidation, we note that, pursuant to Timken, 
the suspension of liquidation must continue during the pendency of the 
appeals process. Thus, we will continue to instruct CBP at this time to 
(A) release any bond or other security, and refund any cash deposit 
made pursuant to the Order as discussed above; and (B) suspend 
liquidation of all unliquidated entries of subject merchandise from Sri 
Lanka at a cash deposit rate of 0.00 percent which are entered, or 
withdrawn from warehouse, for consumption on or after July 21, 2018, 
which is ten days after the court's decision, in accordance with 
section 516A of the Act.\14\ In the event that the CIT's judgment 
affirming the Final Redetermination is not appealed, or appealed and 
upheld by the U.S. Court of Appeals for the Federal Circuit, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate those entries of subject merchandise without regard to 
countervailing duties. Notwithstanding the continued suspension 
described above, the countervailing duty order on off road tires from 
Sri Lanka is hereby revoked, as described above.
---------------------------------------------------------------------------

    \14\ See, e.g., Drill Pipe from the People's Republic of China: 
Notice of Court Decision Not in Harmony with International Trade 
Commission's Injury Determination, Revocation of Antidumping and 
Countervailing Duty Orders Pursuant to Court Decision, and 
Discontinuation of Countervailing Duty Administrative Review, 79 FR 
78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From 
the People's Republic of China: Notice of Court Decision Not in 
Harmony With Final Determination in Less Than Fair Value 
Investigation, Notice of Amended Final Determination Pursuant to 
Court Decision, Notice of Revocation of Antidumping Duty Order in 
Part, and Discontinuation of Fifth Antidumping Duty Administrative 
Review, 82 FR 46758, 46760 (October 6, 2017).
---------------------------------------------------------------------------

    Lastly, we note that, at this time, Commerce remains enjoined by 
Court order from liquidating entries that were produced and/or exported 
by Camso Loadstar, and were entered, or withdrawn from warehouse, for 
consumption during the period June 20, 2016, through October 17, 2016, 
and from February 28, 2017, through December 31, 2017. These entries 
will remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.

Notification to Interested Parties

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of the APO is a violation subject to 
sanction.
    This notice is issued and published in accordance with section 
516A(c)(1) and (e) of the Act.

    Dated: July 19, 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. 2018-15879 Filed 7-24-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                     35213

                                               countervailable subsidy at the rates                   Department of Commerce (Commerce)                         respectful protest,6 eliminated any
                                               listed below: 8                                        pertaining to the countervailing duty                     duties attributable to the GPS program
                                                                                                      (CVD) investigation of certain new                        and recalculated the countervailable
                                                                                         Net subsidy  pneumatic off-the-road tires (off road                    subsidy rate for Camso Loadstar
                                                     Producer/exporter                     rate %     tires) from Sri Lanka. Commerce is                        accordingly. On July 11, 2018, the CIT
                                               Guangdong Yingao Kitche
                                                                                                      notifying the public that the final                       sustained Commerce’s Final
                                                  Utensils Co., Ltd. and                              judgment in this case is not in harmony                   Redetermination.7 Thus, the effective
                                                  Forshan Magang Kitchen                              with Commerce’s final determination in                    date of this notice is July 21, 2018.
                                                  Utensils Co., Ltd ...............              4.90 the CVD investigation of off road tires
                                               Zhongshan Superte Kitchen-                             from Sri Lanka. Pursuant to the CIT’s                     Timken Notice
                                                  ware Co., Ltd ....................            12.31 final judgment, the mandatory                                In its decision in Timken,8 as clarified
                                               Foshan Zhaoshun Trade                                  respondent in the CVD investigation of                    by Diamond Sawblades,9 the Court of
                                                  Co., Ltd .............................        12.36 off road tires from Sri Lanka received a                  Appeals for the Federal Circuit (Federal
                                               All Others ..............................         8.61 net countervailable subsidy rate of 1.23                  Circuit) held that, pursuant to section
                                                                                                      percent, a rate that is de minimis and,                   516A of the Tariff Act of 1930, as
                                               Notification to Interested Parties                     therefore, Commerce is hereby revoking                    amended (the Act), Commerce must
                                                  This notice also serves as the only                 this order.                                               publish a notice of court decision that
                                               reminder to parties subject to                         DATES: Applicable July 21, 2018.                          is not ‘‘in harmony’’ with a Commerce
                                               administrative protective order (APO) of FOR FURTHER INFORMATION CONTACT:                                        determination and must suspend
                                               their responsibility concerning the                    Whitley Herndon, AD/CVD Operations,                       liquidation of entries pending a
                                               return or destruction of proprietary                   Office II, Enforcement and Compliance,                    ‘‘conclusive’’ court decision.10 The
                                               information disclosed under APO in                     International Trade Administration,                       CIT’s July 11, 2018, final judgment
                                               accordance with 19 CFR 351.305.                        U.S. Department of Commerce, 1401                         sustaining the Final Redetermination
                                               Timely notification of the return or                   Constitution Avenue NW, Washington,                       constitutes a final decision of that court
                                               destruction of APO materials or                        DC 20230; telephone: (202) 482–6274.                      that is not in harmony with Commerce’s
                                               conversion to judicial protective orders               SUPPLEMENTARY INFORMATION:                                Final Determination. Thus, this notice is
                                               is hereby requested. Failure to comply                                                                           published in fulfillment of the
                                               with the regulations and terms of an                   Background                                                publication requirements of Timken and
                                               APO is a violation which is subject to                    On January 10, 2017, Commerce                          section 516A of the Act.
                                               sanction.                                              published the Final Determination in
                                                  We are issuing and publishing the                                                                             Amended Final Determination
                                                                                                      this proceeding.1 Commerce reached an
                                               final results and this notice in                       affirmative determination that                              Because there is now a final court
                                               accordance with sections 751(c), 752(b), countervailable subsidies were provided                                 decision, Commerce is amending the
                                               and 777(i)(1) of the Act and 19 CFR                    to mandatory respondent Camso                             Final Determination with respect to
                                               351.218.                                               Loadstar (Private), Ltd. (Camso                           Camso Loadstar. The revised
                                                  Dated: July 2, 2018.                                Loadstar). Commerce published the                         countervailable subsidy rate for Camso
                                               Gary Taverman,                                         countervailing duty order resulting from                  Loadstar for the period January 1, 2015,
                                               Deputy Assistant Secretary for Antidumping             the investigation on March 6, 2017.2                      through December 31, 2015, is as
                                               and Countervailing Duty Operations,                       Camso Loadstar and the Government                      follows:
                                               performing the non-exclusive functions and             of Sri Lanka (GOSL) appealed the Final
                                               duties of the Assistant Secretary for                  Determination and countervailing duty                                                      Subsidy rate
                                                                                                                                                                 Exporter or producer
                                               Enforcement and Compliance.                                                                                                                        (percent)
                                                                                                      order to the CIT, and on April 17, 2018,
                                               [FR Doc. 2018–15883 Filed 7–24–18; 8:45 am]            the CIT remanded the Final                                Camso Loadstar (Pri-        1.23 (de minimis).
                                               BILLING CODE 3510–DS–P                                 Determination.3 Specifically, the CIT                       vate), Ltd
                                                                                                      remanded the Final Determination
                                                                                                      directing Commerce to eliminate any                       Revocation of the Order
                                               DEPARTMENT OF COMMERCE                                 duties attributable to the Guaranteed
                                                                                                      Price Scheme for Rubber (GPS) program                       Pursuant to section 705(a)(3) of the
                                               International Trade Administration                                                                               Act, Commerce ‘‘shall disregard any
                                                                                                      based on mere reimbursement for
                                               [C–542–801]                                            excessive rubber payments.4 On June                       countervailable subsidy that is de
                                                                                                      13, 2016, Commerce issued its final                       minimis as defined in section 703(b)(4)’’
                                               Certain New Pneumatic Off-The-Road                     results of redetermination pursuant to                    of the Act. Furthermore, and pursuant to
                                               Tires From Sri Lanka: Notice of Court                  remand in accordance with the CIT’s                       section 705(c)(2) of the Act, ‘‘the
                                               Decision Not in Harmony With Final                     order.5 On remand, Commerce, under                        investigation shall be terminated upon
                                               Affirmative Countervailing Duty                                                                                  publication of that negative
                                               Determination, Notice of Amended                         1 See Certain New Pneumatic Off-the-Road Tires

                                               Final Determination and Revocation of from Sri Lanka: Final Affirmative Countervailing                           United States, Slip Op. 18–43 (CIT April 17, 2018),
                                               Countervailing Duty Order                              Duty Determination, and Final Determination of            dated June 13, 2016 (Final Redetermination). See
                                                                                                          Critical Circumstances, 82 FR 2949, 2950 (January     also https://enforcement.trade.gov/remands/18-
                                               AGENCY:   Enforcement and Compliance,                      10, 2017) (Final Determination) and accompanying      43.pdf.
                                               International Trade Administration,                        Issues and Decision Memorandum.                         6 See Viraj Group, Ltd. v. United States, 343 F.3d
                                                                                                             2 See Certain New Pneumatic Off-the-Road Tires     1371 (Fed. Cir. 2003).
                                               Department of Commerce.                                    from India and Sri Lanka: Amended Final                 7 See Government of Sri Lanka v. United States,
daltland on DSKBBV9HB2PROD with NOTICES




                                               SUMMARY: On July 11, 2018, the United                      Affirmative Countervailing Duty Determination for     Slip Op. 18–87, Consol. Court No. 17–00059 (CIT
                                               States Court of International Trade (CIT)                  India and Countervailing Duty Orders, 82 FR 12556     July 11, 2018) (Final Remand Order).
                                               entered its final judgment sustaining the                  (Mar. 6, 2017) (Order).                                 8 See Timken Co. v. United States, 893 F.2d. 337
                                                                                                             3 See Government of Sri Lanka v. United States,    (Fed. Cir. 1990) (Timken).
                                               final results of remand redetermination                    Slip Op. 18–43 (CIT Apr. 17, 2018).                     9 See Diamond Sawblades Mfrs. Coalition v.
                                               pursuant to court order by the                                4 Id. at 20.                                       United States, 626 F.3d. 1374 (Fed. Cir. 2010)
                                                                                                             5 See Final Results of Redetermination on          (Diamond Sawblades).
                                                 8 See   Order, 70 FR 21596, 21597.                       Remand Pursuant to Government of Sri Lanka v.           10 See Sections 516A(c) and (e) of the Act.




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                                               35214                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               determination’’ and Commerce shall                       Commerce will instruct CBP to                         citrate salts (citric acid) from Belgium,
                                               ‘‘terminate the suspension of                            terminate the suspension of liquidation               Colombia and Thailand.
                                               liquidation’’ and ‘‘release any bond or                  and to liquidate those entries of subject             DATES: Applicable July 25, 2018.
                                               other security, and refund any cash                      merchandise without regard to                         FOR FURTHER INFORMATION CONTACT: Paul
                                               deposit.’’ As a result of the CIT’s                      countervailing duties. Notwithstanding                Stolz (Belgium), Stephanie Moore
                                               decision affirming Commerce’s Final                      the continued suspension described                    (Colombia) or Joy Zhang (Thailand);
                                               Redetermination, Commerce is revoking                    above, the countervailing duty order on               AD/CVD Operations, Office III,
                                               the countervailing duty order on off                     off road tires from Sri Lanka is hereby               Enforcement and Compliance,
                                               road tires from Sri Lanka 11 because the                 revoked, as described above.                          International Trade Administration,
                                               revised CVD margin for Camso Loadstar,                      Lastly, we note that, at this time,                U.S. Department of Commerce, 1401
                                               the only mandatory respondent, is now                    Commerce remains enjoined by Court                    Constitution Avenue NW, Washington,
                                               de minimis.12 Because the revised net                    order from liquidating entries that were              DC 20230; telephone: (202) 482–4474,
                                               countervailable subsidy rate for the sole                produced and/or exported by Camso                     (202) 482–3692, (202) 482–1168,
                                               mandatory respondent, Camso Loadstar,                    Loadstar, and were entered, or                        respectively.
                                               is de minimis, Commerce did not                          withdrawn from warehouse, for
                                                                                                        consumption during the period June 20,                SUPPLEMENTARY INFORMATION:
                                               determine an all-others rate in the Final
                                               Redetermination. Accordingly,                            2016, through October 17, 2016, and                   Background
                                               Commerce intends to issue instructions                   from February 28, 2017, through                          On June 5, 2018, in accordance with
                                               to U.S. Customs and Border Protection                    December 31, 2017. These entries will                 sections 735(d) and 777(i)(1) of the
                                               (CBP) to release any bonds or other                      remain enjoined pursuant to the terms                 Tariff Act of 1930, as amended (the Act)
                                               security and refund cash deposits                        of the injunction during the pendency of              and 19 CFR 351.210(c), Commerce
                                               pertaining to any suspended entries                      any appeals process.                                  published its affirmative final
                                               pursuant to the Order. As a result of this                                                                     determinations in the less-than-fair-
                                                                                                        Notification to Interested Parties
                                               revocation, Commerce will not initiate                                                                         value (LTFV) investigations of citric
                                               administrative reviews of this Order.13                     This notice serves as a reminder to
                                                                                                        parties subject to administrative                     acid from Belgium, Colombia and
                                                  Although section 705(c)(2)(A) of the
                                                                                                        protective order (APO) of their                       Thailand.1 On July 10, 2018, the ITC
                                               Act instructs Commerce to terminate
                                                                                                        responsibility concerning the                         notified Commerce of its affirmative
                                               suspension of liquidation, we note that,
                                                                                                                                                              final determination, pursuant to section
                                               pursuant to Timken, the suspension of                    disposition of proprietary information
                                                                                                                                                              735(d) of the Act, that an industry in the
                                               liquidation must continue during the                     disclosed under APO in accordance
                                                                                                                                                              United States is materially injured
                                               pendency of the appeals process. Thus,                   with 19 CFR 351.305(a)(3). Timely
                                                                                                                                                              within the meaning of section
                                               we will continue to instruct CBP at this                 written notification of the destruction of
                                                                                                                                                              735(b)(1)(A)(i) of the Act, by reason of
                                               time to (A) release any bond or other                    APO materials or conversion to judicial
                                                                                                                                                              the LTFV imports of citric acid from
                                               security, and refund any cash deposit                    protective order is hereby requested.
                                                                                                                                                              Belgium, Colombia, and Thailand, and
                                               made pursuant to the Order as                            Failure to comply with the regulations
                                                                                                                                                              its determination that critical
                                               discussed above; and (B) suspend                         and the terms of the APO is a violation
                                                                                                                                                              circumstances do not exist with respect
                                               liquidation of all unliquidated entries of               subject to sanction.
                                                                                                                                                              to imports of citric acid from Thailand
                                               subject merchandise from Sri Lanka at                       This notice is issued and published in
                                                                                                                                                              subject to Commerce’s affirmative
                                               a cash deposit rate of 0.00 percent                      accordance with section 516A(c)(1) and
                                                                                                                                                              critical circumstances determination.2
                                               which are entered, or withdrawn from                     (e) of the Act.
                                                                                                                                                              On July 16, 2018, the ITC published its
                                               warehouse, for consumption on or after                     Dated: July 19, 2018.                               final determination in the Federal
                                               July 21, 2018, which is ten days after the               Gary Taverman,                                        Register.3
                                               court’s decision, in accordance with                     Deputy Assistant Secretary for Antidumping
                                               section 516A of the Act.14 In the event                  and Countervailing Duty Operations,                      1 See Citric Acid and Certain Citrate Salts from
                                               that the CIT’s judgment affirming the                    performing the non-exclusive functions and            Belgium: Affirmative Final Determination of Sales
                                               Final Redetermination is not appealed,                   duties of the Assistant Secretary for                 at Less Than Fair Value, 83 FR 26001 (June 5, 2018)
                                               or appealed and upheld by the U.S.                       Enforcement and Compliance.                           (Belgium Final Determination); see also Citric Acid
                                                                                                                                                              and Certain Citrate Salts from Colombia:
                                               Court of Appeals for the Federal Circuit,                [FR Doc. 2018–15879 Filed 7–24–18; 8:45 am]           Affirmative Final Determination of Sales at Less
                                                                                                        BILLING CODE 3510–DS–P                                Than Fair Value and Final Negative Determination
                                                 11 See Order, 82 FR at 12556.                                                                                of Critical Circumstances, 83 FR 26002 (June 5,
                                                 12 See section 703(b)(4)(B) of the Act; Developing                                                           2018) (Colombia Final Determination); and Citric
                                               and Least-Developed Country Designations under                                                                 Acid and Certain Citrate Salts from Thailand:
                                               the Countervailing Duty Law, 63 FR 29945 (June 2,
                                                                                                        DEPARTMENT OF COMMERCE                                Affirmative Final Determination of Sales at Less
                                               1998).                                                                                                         Than Fair Value and Final Affirmative
                                                 13 Commerce did not previously initiate any            International Trade Administration                    Determination of Critical Circumstances in Part, 83
                                               administrative review of the Order.                                                                            FR 25998 (June 5, 2018) (Thailand Final
                                                                                                        [A–423–813, A–301–803, and A–549–833]
                                                 14 See, e.g., Drill Pipe from the People’s Republic                                                          Determination).
                                                                                                                                                                 2 See Letter from the ITC to the Honorable Gary
                                               of China: Notice of Court Decision Not in Harmony
                                               with International Trade Commission’s Injury
                                                                                                        Citric Acid and Certain Citrate Salts                 Taverman, dated July 10, 2018 (Notification of ITC
                                               Determination, Revocation of Antidumping and             From Belgium, Colombia and Thailand:                  Final Determination); see also Citric Acid from
                                               Countervailing Duty Orders Pursuant to Court             Antidumping Duty Orders                               Belgium, Colombia, and Thailand, Investigation
                                               Decision, and Discontinuation of Countervailing                                                                Nos. 731–TA–1374–1376 (Final) (July 2018). On
                                               Duty Administrative Review, 79 FR 78037, 78038           AGENCY:  Enforcement and Compliance,                  October 20, 2017, the petitioners submitted a timely
                                               (December 29, 2014); High Pressure Steel Cylinders       International Trade Administration,                   filed critical circumstances allegation with respect
daltland on DSKBBV9HB2PROD with NOTICES




                                               From the People’s Republic of China: Notice of                                                                 to imports from Colombia and Thailand. Commerce
                                                                                                        Department of Commerce.                               subsequently issued a negative critical
                                               Court Decision Not in Harmony With Final
                                               Determination in Less Than Fair Value                    SUMMARY: Based on affirmative final                   circumstances determination with regard to the
                                               Investigation, Notice of Amended Final                   determinations by the Department of                   investigation for Colombia and, thus, the ITC did
                                               Determination Pursuant to Court Decision, Notice of      Commerce (Commerce) and the                           not address critical circumstances for Colombia in
                                               Revocation of Antidumping Duty Order in Part, and                                                              its final injury determination.
                                               Discontinuation of Fifth Antidumping Duty
                                                                                                        International Trade Commission (ITC),                    3 See Citric Acid from Belgium, Colombia, and

                                               Administrative Review, 82 FR 46758, 46760                Commerce is issuing antidumping duty                  Thailand; Determinations, 83 FR 32905 (July 16,
                                               (October 6, 2017).                                       (AD) orders on citric acid and certain                2018).



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Document Created: 2018-07-25 00:44:27
Document Modified: 2018-07-25 00:44:27
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 21, 2018.
ContactWhitley Herndon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6274.
FR Citation83 FR 35213 

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