83 FR 3675 - Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review; 2010-2011
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 18 (January 26, 2018)
International Trade Administration
Federal Register Volume 83, Issue 18 (January 26, 2018)
| Page Range | 3675-3676 | |
| FR Document | 2018-01445 |
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)] [Notices] [Pages 3675-3676] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01445] ----------------------------------------------------------------------- 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; 2010-2011 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, 2010, through February 28, 2011. 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 January 26, 2018. FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Edythe Artman, 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) 482-9179 or (202) 482-3931, respectively. SUPPLEMENTARY INFORMATION: Background On October 18, 2012, Commerce published the Final Results,\1\ in which it determined Baoding Mantong to have a weight-averaged dumping margin of 453.79 percent for the period under review. On November 3, 2015, the Court remanded these results to Commerce for reconsideration of all aspects of its determination of the margin assigned to Baoding Mantong in the Final Results.\2\ In the final results of redetermination, Commerce relied on surrogate financial information that resulted in a dumping margin of 64.97 percent.\3\ On April 19, 2017, the Court remanded the revised results to Commerce for reconsideration of the selection of certain surrogate values in its determination of the margin assigned to Baoding Mantong.\4\ In its second final results of redetermination, Commerce revised the surrogate values for three inputs--liquid ammonia, formaldehyde and steam coal-- which resulted in a dumping margin of 0.00 percent.\5\ On December 20, 2017, the Court sustained the Second Results of Redetermination.\6\ --------------------------------------------------------------------------- \1\ See Glycine from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 64100 (October 18, 2012) (Final Results). \2\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12-00362, Slip Op. 15-123 (CIT November 3, 2015). \3\ See ``Final Results of Redetermination Pursuant to Court Remand,'' dated March 29, 2017. \4\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12-00362, Slip Op. 17-44 (CIT April 19, 2017). \5\ See``Final Results of Redetermination Pursuant to Court Remand,'' dated July 18, 2017 (Second Results of Redetermination). \6\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12-00362, Slip Op. 17-169 (CIT December 20, 2017). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), 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 December 20, 2017, final judgment sustaining the Second 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. --------------------------------------------------------------------------- \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \8\ 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 Second Results of Redetermination, as sustained by the CIT, the revised dumping margin for Baoding Mantong, for the period March [[Page 3676]] 1, 2010, through February 28, 2011, is as follows: ------------------------------------------------------------------------ Weighted- average dumping Producer or exporter 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 to assess antidumping duties on unliquidated entries of subject merchandise with respect to Baoding Mantong. Cash Deposit Requirements Since the Final Results, Commerce has established a new cash deposit rate for Baoding Mantong.\9\ Therefore, the cash deposit rate for Baoding Mantong will remain the company-specific rate established for it in a subsequent and most recently completed administrative review.\10\ --------------------------------------------------------------------------- \9\ 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). \10\ Id. at 62028. --------------------------------------------------------------------------- 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: January 17, 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. 2018-01445 Filed 1-25-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 3675
Weighted- Dated: January 18, 2018. Baoding Mantong in the Final Results.2
Manufacturer/ average Gary Taverman, In the final results of redetermination,
exporter margin Deputy Assistance Secretary for Antidumping Commerce relied on surrogate financial
(percent) information that resulted in a dumping
and Countervailing Duty Operations,
Trina Solar (Singapore) Science
performing the non-exclusive functions and margin of 64.97 percent.3 On April 19,
duties of the Assistant Secretary for 2017, the Court remanded the revised
and Technology Pte Ltd .......... 1.07
Win Win Precision Technology Enforcement and Compliance. results to Commerce for reconsideration
Co., Ltd ................................... 1.07 [FR Doc. 2018–01446 Filed 1–25–18; 8:45 am] of the selection of certain surrogate
BILLING CODE 3510–DS–P values in its determination of the
Assessment Rates margin assigned to Baoding Mantong.4
In its second final results of
Upon issuance of the final results, DEPARTMENT OF COMMERCE redetermination, Commerce revised the
Commerce will determine, and CBP
surrogate values for three inputs—liquid
shall assess, antidumping duties on all International Trade Administration ammonia, formaldehyde and steam
appropriate entries covered by this
[A–570–836] coal—which resulted in a dumping
review, in accordance with 19 CFR
margin of 0.00 percent.5 On December
351.212(b). Commerce intends to issue
Glycine From the People’s Republic of 20, 2017, the Court sustained the
assessment instructions to CBP 15 days
China: Notice of Court Decision Not in Second Results of Redetermination.6
after the publication date of the final
Harmony With Final Results of the
results of review. Timken Notice
Antidumping Duty Administrative
Cash Deposit Requirements Review; 2010–2011 In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the Court of
The following deposit requirements AGENCY: Enforcement and Compliance, Appeals for the Federal Circuit held
will be effective upon publication of the International Trade Administration, that, pursuant to section 516A(e) of the
notice of final results of administrative Department of Commerce. Tariff Act of 1930, as amended (the Act),
review for all shipments of solar SUMMARY: The Court of International Commerce must publish a notice of a
products from Taiwan entered, or Trade (CIT or Court) sustained the final court decision that is not ‘‘in harmony’’
withdrawn from warehouse, for
remand results pertaining to the with a Commerce determination and
consumption on or after the date of
administrative review of the must suspend liquidation of entries
publication of the final results of this
antidumping duty order on glycine from pending a ‘‘conclusive’’ court decision.
administrative review, as provided for
the People’s Republic of China (China), The CIT’s December 20, 2017, final
by section 751(a)(2)(C) of the Act: (1)
covering the period of March 1, 2010, judgment sustaining the Second Results
The cash deposit rate for the companies
through February 28, 2011. The of Redetermination constitutes a final
under review will be the rate
Department of Commerce (Commerce) is decision of the Court that is not in
established in the final results of this
notifying the public that the final harmony with Commerce’s Final
review (except, if the rate is zero or de
judgment in this case is not in harmony Results. This notice is published in
minimis, no cash deposit will be
with Commerce’s final results of the fulfillment of the Timken publication
required); (2) for merchandise exported
administrative review and that requirements. Accordingly, Commerce
by manufacturers or exporters not
Commerce is amending the final results will continue the suspension of
covered in this review but covered in a
with respect to the dumping margin liquidation of the subject merchandise
prior segment of the proceeding, the
cash deposit rate will continue to be the assigned to Baoding Mantong Fine pending a final and conclusive court
company-specific rate published for the Chemistry Co. Ltd. (Baoding Mantong). decision.
most recently completed segment of this DATES: Applicable January 26, 2018. Amended Final Results of Review
proceeding in which the manufacturer FOR FURTHER INFORMATION CONTACT:
Because there is now a final court
or exporter participated; (3) if the Madeline Heeren or Edythe Artman, decision, Commerce is amending the
exporter is not a firm covered in this AD/CVD Operations, Office VI, Final Results with respect to the
review, a prior review, or the less-than- Enforcement and Compliance, dumping margin calculated for Baoding
fair-value investigation, but the International Trade Administration, Mantong. Based on the Second Results
manufacturer is, the cash deposit rate U.S. Department of Commerce, 1401 of Redetermination, as sustained by the
will be the rate established for the most Constitution Avenue NW, Washington, CIT, the revised dumping margin for
recently completed segment of the DC 20230; telephone: (202) 482–9179 or Baoding Mantong, for the period March
proceeding for the manufacturer of the (202) 482–3931, respectively.
merchandise; and (4) the cash deposit SUPPLEMENTARY INFORMATION: 2 See Baoding Mantong Fine Chemistry Co., Ltd.
rate for all other manufacturers or v. United States, Court No. 12–00362, Slip Op. 15–
exporters will continue to be 19.50 Background 123 (CIT November 3, 2015).
3 See ‘‘Final Results of Redetermination Pursuant
percent ad valorem, the all-others rate On October 18, 2012, Commerce
to Court Remand,’’ dated March 29, 2017.
established in the less-than-fair-value published the Final Results,1 in which 4 See Baoding Mantong Fine Chemistry Co., Ltd.
investigation.8 These cash deposit it determined Baoding Mantong to have v. United States, Court No. 12–00362, Slip Op. 17–
requirements, when imposed, shall a weight-averaged dumping margin of 44 (CIT April 19, 2017).
remain in effect until further notice. 453.79 percent for the period under 5 See‘‘Final Results of Redetermination Pursuant
This notice is issued and published in review. On November 3, 2015, the Court to Court Remand,’’ dated July 18, 2017 (Second
Results of Redetermination).
daltland on DSKBBV9HB2PROD with NOTICES
accordance with sections 751(a)(1) and remanded these results to Commerce for 6 See Baoding Mantong Fine Chemistry Co., Ltd.
777(i)(1) of the Act, and 19 CFR reconsideration of all aspects of its v. United States, Court No. 12–00362, Slip Op. 17–
351.213(d)(4). determination of the margin assigned to 169 (CIT December 20, 2017).
7 See Timken Co. v. United States, 893 F.2d 337
8 See Certain Crystalline Silicon Photovoltaic 1 See Glycine from the People’s Republic of (Fed. Cir. 1990) (Timken).
Products from Taiwan: Final Determination of Sales China: Final Results of Antidumping Duty 8 See Diamond Sawblades Mfrs. Coalition v.
at Less Than Fair Value, 79 FR 76966 (December Administrative Review, 77 FR 64100 (October 18, United States, 626 F.3d 1374 (Fed. Cir. 2010)
23, 2014). 2012) (Final Results). (Diamond Sawblades).
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![3676 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices
1, 2010, through February 28, 2011, is registration instructions provided A limited amount of time before the
as follows: below. close of the meeting will be available for
DATE: May 10, 2018, from approximately oral comments from members of the
Weighted- public attending the meeting. To
average 8:30 a.m. to 5:00 p.m. Eastern Standard
Time (EST). Members of the public accommodate as many speakers as
Producer or exporter dumping
margin wishing to participate must register in possible, the time for public comments
(percent) advance with Victoria Gunderson at the will be limited to two to five minutes
contact information below by 5:00 p.m. per person (depending on number of
Baoding Mantong Fine public participants). Individuals
Chemistry Co. Ltd. ............ 0.00 EST on Friday, May 4, 2018, in order to
pre-register, including any requests to wishing to reserve speaking time during
make comments during the meeting or the meeting must contact Ms.
In the event the Court’s ruling is not Gunderson and submit a brief statement
appealed or, if appealed, upheld by a for accommodations or auxiliary aids.
of the general nature of the comments,
final and conclusive court decision, ADDRESSES: To register, please contact
as well as the name and address of the
Commerce will instruct the U.S. Victoria Gunderson, Designated Federal
proposed participant by 5:00 p.m. EST
Customs and Border Protection to assess Officer, Office of Energy and
on Friday, May 4, 2018. If the number
antidumping duties on unliquidated Environmental Industries (OEEI),
of registrants requesting to make
entries of subject merchandise with International Trade Administration,
statements is greater than can be
respect to Baoding Mantong. U.S. Department of Commerce at (202)
reasonably accommodated during the
482–7890; email: Victoria.Gunderson@
Cash Deposit Requirements meeting, the International Trade
trade.gov.
Since the Final Results, Commerce Administration may conduct a lottery to
FOR FURTHER INFORMATION CONTACT: determine the speakers. Speakers are
has established a new cash deposit rate
for Baoding Mantong.9 Therefore, the Victoria Gunderson, Designated Federal requested to submit a copy of their oral
Officer, Office of Energy and comments by email to Ms. Gunderson
cash deposit rate for Baoding Mantong
Environmental Industries (OEEI), for distribution to the participants in
will remain the company-specific rate
International Trade Administration, advance of the meeting.
established for it in a subsequent and
U.S. Department of Commerce at (202) Any member of the public may
most recently completed administrative
482–7890; email: Victoria.Gunderson@ submit written comments concerning
review.10
trade.gov. the REEEAC’s affairs at any time before
Notification to Interested Parties SUPPLEMENTARY INFORMATION: or after the meeting. Comments may be
This notice is issued and published in Background: The Secretary of submitted to the Renewable Energy and
accordance with sections 516A(e)(1), Commerce established the REEEAC Energy Efficiency Advisory Committee,
751(a)(1), and 777(i)(1) of the Act. pursuant to discretionary authority and c/o: Victoria Gunderson, Designated
in accordance with the Federal Federal Officer, Office of Energy and
Dated: January 17, 2018.
Advisory Committee Act, as amended (5 Environmental Industries, U.S.
Gary Taverman,
U.S.C. App.), on July 14, 2010. The Department of Commerce; 1401
Deputy Assistant Secretary for Antidumping Constitution Avenue NW; Mail Stop:
and Countervailing Duty Operations, REEEAC was re-chartered most recently
on June 9, 2016. The REEEAC provides 4053; Washington, DC 20230. To be
Performing the Non-Exclusive Functions and
Duties of the Assistant Secretary for the Secretary of Commerce with considered during the meeting, written
Enforcement and Compliance. consensus advice from the private sector comments must be received no later
[FR Doc. 2018–01445 Filed 1–25–18; 8:45 am] on the development and administration than 5:00 p.m. EST on Friday, May 4,
of programs and policies to expand the 2018, to ensure transmission to the
BILLING CODE 3510–DS–P
export competitiveness of the U.S. REEEAC prior to the meeting.
renewable energy and energy efficiency Comments received after that date will
DEPARTMENT OF COMMERCE products and services. be distributed to the members but may
On May 10, the REEEAC will hold the not be considered at the meeting.
International Trade Administration seventh, and final, in-person meeting of Copies of REEEAC meeting minutes
its current charter term and hold will be available within 30 days
Meeting of the Renewable Energy and REEEAC sub-committee working following the meeting.
Energy Efficiency Advisory Committee sessions, discuss next steps for each Dated: January 19, 2018.
AGENCY: International Trade sub-committee (Export Competitiveness, Man Cho,
Administration, U.S. Department of Market Access, and Finance), consider Deputy Director, Office of Energy and
Commerce recommendations for approval, and hear Environmental Industries.
ACTION: Notice of an open meeting from officials from the Department of [FR Doc. 2018–01335 Filed 1–25–18; 8:45 am]
Commerce and other agencies on major BILLING CODE 3510–DR–P
SUMMARY: The Renewable Energy and issues affecting the competitiveness of
Energy Efficiency Advisory Committee the U.S. renewable energy and energy
(REEEAC) will hold a meeting on efficiency industries. An agenda will be DEPARTMENT OF COMMERCE
Thursday, May 10, 2018 at the U.S. made available by May 4 upon request.
Department of Commerce Herbert C. The meeting will be open to the International Trade Administration
Hoover Building in Washington, DC. public and will be accessible to people
daltland on DSKBBV9HB2PROD with NOTICES
The meeting is open to the public with with disabilities. All guests are required Renewable Energy and Energy
to register in advance by the deadline Efficiency Advisory Committee
9 See Glycine from the People’s Republic of
identified under the DATES caption. AGENCY: International Trade
China: Final Results of Antidumping Duty Requests for auxiliary aids must be
Administrative Review and Partial Rescission of Administration, U.S. Department of
Antidumping Duty Administrative Review; 2013– submitted by the registration deadline. Commerce
2014, 80 FR 62027 (October 15, 2015). Last minute requests will be accepted,
ACTION: Notice of an open meeting
10 Id. at 62028. but may be impossible to fill.
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Document Created: 2018-10-26 10:06:59
Document Modified: 2018-10-26 10:06:59
| 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 January 26, 2018. | |
| Contact | Madeline Heeren or Edythe Artman, 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) 482-9179 or (202) 482-3931, respectively. | |
| FR Citation | 83 FR 3675 |
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