83_FR_44195 83 FR 44027 - Multilayered Wood Flooring From the People's Republic of China: Amendment to Notice of Court Decision Not in Harmony With the Second Amended Final Determination and Amendment to Notice of Third Amended Final Determination of the Antidumping Duty Investigation

83 FR 44027 - Multilayered Wood Flooring From the People's Republic of China: Amendment to Notice of Court Decision Not in Harmony With the Second Amended Final Determination and Amendment to Notice of Third Amended Final Determination of the Antidumping Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 168 (August 29, 2018)

Page Range44027-44028
FR Document2018-18725

On August 15, 2018, the United States Court of International Trade (CIT or Court) amended its July 3, 2018, final judgment in Changzhou Hawd Flooring Co., et al. v. United States, which sustained, in part, the final results of remand redetermination pursuant to court order by the Department of Commerce (Commerce) pertaining to the less- than-fair-value (LTFV) investigation on multilayered wood flooring (MLWF) from the People's Republic of China (China). On July 25, 2018, Commerce notified the public that the CIT's July 3, 2018, final judgment in the case was not in harmony with Commerce's final determination in the LTFV investigation of MLWF from China, and, pursuant to the CIT's July 3, 2018, final judgment, Commerce issued an amended final determination excluding Dunhua City Jisen Wood Industry Co., Ltd. (Dunhua City Jisen), Fine Furniture (Shanghai) Limited (Fine Furniture), and Armstrong Wood Products (Kunshan) Co., Ltd. (Armstrong Wood) from the antidumping duty (AD) order. Pursuant to the CIT's August 15, 2018, amendment to its July 3, 2018, final judgment, we are excluding Double F Limited from the AD order.

Federal Register, Volume 83 Issue 168 (Wednesday, August 29, 2018)
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Notices]
[Pages 44027-44028]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18725]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Amendment to Notice of Court Decision Not in Harmony With the Second 
Amended Final Determination and Amendment to Notice of Third Amended 
Final Determination of the Antidumping Duty Investigation

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

SUMMARY: On August 15, 2018, the United States Court of International 
Trade (CIT or Court) amended its July 3, 2018, final judgment in 
Changzhou Hawd Flooring Co., et al. v. United States, which sustained, 
in part, the final results of remand redetermination pursuant to court 
order by the Department of Commerce (Commerce) pertaining to the less-
than-fair-value (LTFV) investigation on multilayered wood flooring 
(MLWF) from the People's Republic of China (China). On July 25, 2018, 
Commerce notified the public that the CIT's July 3, 2018, final 
judgment in the case was not in harmony with Commerce's final 
determination in the LTFV investigation of MLWF from China, and, 
pursuant to the CIT's July 3, 2018, final judgment, Commerce issued an 
amended final determination excluding Dunhua City Jisen Wood Industry 
Co., Ltd. (Dunhua City Jisen), Fine Furniture (Shanghai) Limited (Fine 
Furniture), and Armstrong Wood Products (Kunshan) Co., Ltd. (Armstrong 
Wood) from the antidumping duty (AD) order. Pursuant to the CIT's 
August 15, 2018, amendment to its July 3, 2018, final

[[Page 44028]]

judgment, we are excluding Double F Limited from the AD order.

DATES: Applicable July 13, 2018.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3147.

SUPPLEMENTARY INFORMATION:

Background

    As explained in further detail in the Notice of Court Decision and 
Notice of Third Amended Final Determination,\1\ on July 3, 2018, the 
CIT sustained, in part, Commerce's fifth remand redetermination.\2\ In 
particular, the CIT sustained Commerce's determination not to terminate 
the AD order \3\ because the order was imposed, in part, based on 
indirect evidence of dumping by the China-wide entity, a finding which 
was not challenged.\4\ With respect to the separate rate plaintiffs, 
the CIT ordered exclusion from the order for three separate respondents 
that sought voluntary examination in the investigation, but were 
denied: Dunhua City Jisen, Fine Furniture, and Armstrong Wood. The CIT 
held that Commerce's application of the exclusion regulation, 19 CFR 
351.204(e)(1), was arbitrary with respect to these respondents.\5\ The 
CIT sustained Commerce's determination not to exclude the remaining 
separate rate plaintiffs that did not seek voluntary examination in the 
investigation.\6\
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value: Notice 
of Court Decision Not in Harmony with the Second Amended Final 
Determination and Notice of Third Amended Final Determination of the 
Antidumping Duty Investigation, 83 FR 35217 (July 25, 2018) (Notice 
of Court Decision and Notice of Third Amended Final Determination). 
See also Baroque Timber Indus. (Zhongshan) Co. v. United States, 971 
F. Supp. 2d 1333, 1336 (Ct. Int'l Trade 2014); Final Results of 
Redetermination Pursuant to Court Order, Baroque Timber Industries 
(Zhongshan) Company, Limited, et al. v. United States, dated 
November 14, 2013 (First Remand Redetermination); Final Results of 
Redetermination Pursuant to Court Order, Baroque Timber Industries 
(Zhongshan) Company, Limited, et al. v. United States, dated May 30, 
2014 (Second Remand Redetermination); Changzhou Hawd Flooring Co. v. 
United States, 77 F. Supp. 3d 1351 (Ct. Int'l Trade 2015); Changzhou 
Hawd Flooring Co. v. United States, 848 F.3d 1006, 1008 (Fed. Cir. 
2017); Final Results of Redetermination Pursuant to Court Order, 
Changzhou Hawd Flooring Co., Ltd., et al. v. United States, dated 
October 16, 2014 (Third Remand Redetermination); Final Results of 
Redetermination Pursuant to Court Order, Changzhou Hawd Flooring 
Co., Ltd., et al. v. United States, dated March 24, 2015 (Fourth 
Remand Redetermination); Final Results of Redetermination Pursuant 
to Court Order, Court No. 12-00020, dated February 25, 2017 (Fifth 
Remand Redetermination).
    \2\ See Changzhou Hawd Flooring Co., et al. v. United States, 
Ct. No. 12-20, Slip Op. 18-82 (Ct. Int'l Trade July 3, 2018).
    \3\ See Multilayered Wood Flooring from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011) (First 
Amended Final Determination and Order).
    \4\ See Slip Op. 18-82 at 11-12.
    \5\ Id. at 16.
    \6\ Id. at 15-16.
---------------------------------------------------------------------------

    Pursuant to the CIT's July 3, 2018, final judgment, on July 25, 
2018, Commerce issued the Notice of Court Decision and Notice of Third 
Amended Final Determination, which explained that the CIT's July 3, 
2018, final judgment was a final decision of that court that is not in 
harmony with the Second Amended Final Determination, and excluded 
Dunhua City Jisen, Fine Furniture, and Armstrong Wood from the AD 
order.\7\
---------------------------------------------------------------------------

    \7\ See Notice of Court Decision and Notice of Third Amended 
Final Determination, 83 FR at 35219.
---------------------------------------------------------------------------

    On August 15, 2018, in response to an unopposed motion filed by 
Fine Furniture, the CIT amended its July 3, 2018, final judgment, and 
ordered the exclusion of Fine Furniture's affiliate, Double F Limited, 
a party previously collapsed with Fine Furniture into a single 
entity,\8\ from the AD order.\9\ This notice is published in accordance 
with the CIT's August 15, 2018, order, and amends Commerce's July 25, 
2018, Notice of Court Decision and Notice of Third Amended Final 
Determination to exclude Double F Limited, along with Fine Furniture, 
Donghua City Jisen, and Armstrong Wood.
---------------------------------------------------------------------------

    \8\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2011-2012, 79 FR 26712 (May 9, 2014); unchanged in Multilayered Wood 
Flooring from the People's Republic of China: Amended Final Results 
of Antidumping Duty Review; 2011-2012, 79 FR 35314 (June 20, 2014).
    \9\ See Changzhou Hawd Flooring Co., et al. v. United States, 
Ct. No. 12-20, Dkt. No. 199 (Ct. Int'l Trade Aug. 15 2018).
---------------------------------------------------------------------------

Amendment to Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the United States Court for the Federal Circuit (CAFC) 
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 Commerce's determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's August 15, 2018, amendment to its July 3, 2018, final 
judgment ordering the exclusion of Double F Limited constitutes a final 
decision of that court that is not in harmony with the Second Amended 
Final Determination. This notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010).
---------------------------------------------------------------------------

Amendment to Third Amended Final Determination

    Pursuant to the CIT's August 15, 2018, order, we are amending the 
Notice of Court Decision and Notice of Third Amended Final 
Determination to exclude Double F Limited from the AD order. Section 
735(c)(2)(A)-(B) of the Act instructs Commerce to terminate suspension 
of liquidation and to release any bond or other security, and refund 
any cash deposit, in the event of a negative determination. Here, 
suspension of liquidation must continue during the pendency of the 
appeals process (in accordance with Timken and as discussed above), 
and, therefore, we will continue to instruct U.S. Customs and Border 
Protection (CBP) at this time to (A) continue suspension at a cash 
deposit rate of zero percent until instructed otherwise; and (B) 
release any bond or other security, and refund any cash deposit made 
pursuant to the order by Double F Limited. In the event that the CIT's 
ruling is not appealed, or appealed and upheld by the CAFC, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate those unliquidated entries of subject merchandise without 
regard to antidumping duties.
    This notice is issued and published in accordance with sections 
516A(e)(1), 735, and 777(i)(1) of the Act.

    Dated: August 24, 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. 2018-18725 Filed 8-28-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices                                                 44027

                                                   DFA’s amendment of its Export Trade                  41. Valley Fig Growers, Fresno, CA                    show for which the application is being
                                                Certificate of Review results in the                      Dated: August 22, 2018.                             submitted. In addition, should
                                                following membership list:                              Joseph Flynn,
                                                                                                                                                              applications not be received at least 180
                                                1. Alpine Pacific Nut Company,                                                                                days prior to the start date of the show,
                                                                                                        Office of Trade and Economic Analysis,
                                                     Hughson, CA                                        International Trade Administration.
                                                                                                                                                              the TFC program will allow for a grace
                                                2. Andersen & Sons Shelling, Vina, CA                                                                         period of 5 business days to receive the
                                                                                                        [FR Doc. 2018–18686 Filed 8–28–18; 8:45 am]
                                                3. Avanti Nut Company, Inc., Stockton,                                                                        application.
                                                     CA                                                 BILLING CODE 3510–DR–P
                                                                                                                                                                 This change is reflected on the
                                                4. Berberian Nut Company, LLC, Chico,                                                                         website at: https://2016.export.gov/
                                                     CA                                                                                                       tradefairs/eg_main_018559.asp and
                                                5. Carriere Family Farms, Inc., Glenn,                  DEPARTMENT OF COMMERCE
                                                                                                                                                              https://2016.export.gov/tradefairs/eg_
                                                     CA                                                                                                       main_018559.asp.
                                                                                                        International Trade Administration
                                                6. California Almond Packers and
                                                     Exporters, Inc. (CAPEX), Corning                   [Docket No.: 180806732–8732–01]                       William Ross,
                                                     CA                                                                                                       Supervisory International Trade Specialist/
                                                7. California Walnut Company, Inc., Los                 Trade Fair Certification (TFC) Program:               Team Leader, Office of Trade Promotion
                                                     Molinos, CA                                        Notice of Change of Application                       Programs.
                                                8. Chico Nut Company, Chico, CA                         Deadline and Mailing Address                          [FR Doc. 2018–18617 Filed 8–28–18; 8:45 am]
                                                9. Continente Nut LLC, Oakley, CA                                                                             BILLING CODE 3510–DR–P
                                                                                                        AGENCY: International Trade
                                                10. C. R. Crain & Sons, Inc., Los
                                                                                                        Administration, Department of
                                                     Molinos, CA
                                                11. Crain Walnut Shelling, Inc., Los                    Commerce.
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                                     Molinos, CA                                        ACTION: Notice of change of application
                                                12. Diamond Foods, LLC, Stockton, CA                    deadline and mailing address.                         International Trade Administration
                                                13. Empire Nut Company, Colusa, CA
                                                                                                        SUMMARY:    The United States Department
                                                14. Fig Garden Packing, Inc., Fresno, CA                                                                      [A–570–970]
                                                15. Gold River Orchards, Inc., Escalon,                 of Commerce, International Trade
                                                     CA                                                 Administration, is updating the Trade
                                                                                                                                                              Multilayered Wood Flooring From the
                                                16. Grower Direct Nut Company,                          Fair Certification (TFC) program
                                                                                                                                                              People’s Republic of China:
                                                     Hughson, CA                                        established under 22 U.S.C. 2455(f) to
                                                                                                                                                              Amendment to Notice of Court
                                                17. Guerra Nut Shelling Company,                        revise the application mailing address
                                                                                                                                                              Decision Not in Harmony With the
                                                     Hollister, CA                                      and the deadline for application
                                                                                                                                                              Second Amended Final Determination
                                                18. Hill View Packing Company Inc.,                     submission for the Program. The
                                                                                                                                                              and Amendment to Notice of Third
                                                     Gustine, CA                                        updated TFC program guidelines can be
                                                                                                                                                              Amended Final Determination of the
                                                19. John B. SanFilippo & Son, Inc.                      found at: https://2016.export.gov/
                                                                                                                                                              Antidumping Duty Investigation
                                                20. Mariani Nut Company, Winters, CA                    tradefairs/eg_main_018560.asp.
                                                21. Mariani Packing Company, Inc.,                      DATES: Applicable on August 29, 2018.                 AGENCY:   Enforcement and Compliance,
                                                     Vacaville, CA                                      ADDRESSES: Applications for TFC                       International Trade Administration,
                                                22. Mid Valley Nut Company Inc.,                        consideration should be mailed via                    Department of Commerce.
                                                     Hughson, CA                                        preferred courier method to: Vidya                    SUMMARY: On August 15, 2018, the
                                                23. Morada Nut Company, LP, Stockton,                   Desai, Trade Fair Certification, 1401                 United States Court of International
                                                     CA                                                 Constitution Avenue NW, Mailstop                      Trade (CIT or Court) amended its July 3,
                                                24. National Raisin Company, Fowler,                    52024, Washington, DC 20230, Phone:                   2018, final judgment in Changzhou
                                                     CA                                                 202–482–2311.                                         Hawd Flooring Co., et al. v. United
                                                25. O–G Nut Company, Stockton, CA                          To ensure timely delivery of your                  States, which sustained, in part, the
                                                26. Omega Walnut, Inc., Orland, CA                      application, please also email your                   final results of remand redetermination
                                                27. Pearl Crop, Inc., Stockton, CA                      application to: TFC@trade.gov.                        pursuant to court order by the
                                                28. Poindexter Nut Company, Selma,
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      Department of Commerce (Commerce)
                                                     CA
                                                                                                        Vidya Desai, Senior Advisor, Trade                    pertaining to the less-than-fair-value
                                                29. Prima Noce Packing, Linden, CA
                                                30. RPC Packing Inc., Porterville, CA                   Events, Office of Trade Promotion                     (LTFV) investigation on multilayered
                                                31. Sacramento Packing, Inc., Yuba City,                Programs, U.S. Department of                          wood flooring (MLWF) from the
                                                     CA                                                 Commerce, TFC@trade.gov.                              People’s Republic of China (China). On
                                                32. Sacramento Valley Walnut Growers,                   SUPPLEMENTARY INFORMATION:                            July 25, 2018, Commerce notified the
                                                     Inc., Yuba City, CA                                   New Mailing Address: The Office of                 public that the CIT’s July 3, 2018, final
                                                33. San Joaquin Figs, Inc., Fresno, CA                  Trade Promotion Programs, which                       judgment in the case was not in
                                                34. Shoei Foods USA Inc., Olivehurst,                   administers the TFC program for the                   harmony with Commerce’s final
                                                     CA                                                 U.S. Department of Commerce, has                      determination in the LTFV investigation
                                                35. Stapleton-Spence Packing, Gridley,                  moved its physical office location from               of MLWF from China, and, pursuant to
                                                     CA                                                 the Ronald Reagan Building to the main                the CIT’s July 3, 2018, final judgment,
                                                36. Sun-Maid Growers of California,                     Herbert C. Hoover Commerce Building                   Commerce issued an amended final
                                                     Kingsburg, CA                                      located at 1401 Constitution Ave. NW.                 determination excluding Dunhua City
                                                                                                                                                              Jisen Wood Industry Co., Ltd. (Dunhua
sradovich on DSK3GMQ082PROD with NOTICES




                                                37. Sunsweet Growers Inc., Yuba City,                   This change is reflected on the website
                                                     CA                                                 at: https://2016.export.gov/tradefairs/               City Jisen), Fine Furniture (Shanghai)
                                                38. Taylor Brothers Farms, Inc., Yuba                   eg_main_018561.asp.                                   Limited (Fine Furniture), and
                                                     City, CA                                              Revised Application Deadline: The                  Armstrong Wood Products (Kunshan)
                                                39. T.M. Duche Nut Company, Inc.,                       TFC program is revising the deadline for              Co., Ltd. (Armstrong Wood) from the
                                                     Orland, CA                                         applying for certification from 270 days              antidumping duty (AD) order. Pursuant
                                                40. Wilbur Packing Company, Inc., Live                  prior to the start date of the show to 180            to the CIT’s August 15, 2018,
                                                     Oak, CA                                            days prior to the start date of the trade             amendment to its July 3, 2018, final


                                           VerDate Sep<11>2014   17:04 Aug 28, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\29AUN1.SGM   29AUN1


                                                44028                      Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices

                                                judgment, we are excluding Double F                     Commerce’s application of the                           3, 2018, final judgment ordering the
                                                Limited from the AD order.                              exclusion regulation, 19 CFR                            exclusion of Double F Limited
                                                DATES: Applicable July 13, 2018.                        351.204(e)(1), was arbitrary with respect               constitutes a final decision of that court
                                                FOR FURTHER INFORMATION CONTACT:                        to these respondents.5 The CIT                          that is not in harmony with the Second
                                                Aleksandras Nakutis, Office IV,                         sustained Commerce’s determination                      Amended Final Determination. This
                                                Enforcement and Compliance,                             not to exclude the remaining separate                   notice is published in fulfillment of the
                                                International Trade Administration,                     rate plaintiffs that did not seek                       publication requirements of Timken.
                                                U.S. Department of Commerce, 1401                       voluntary examination in the
                                                                                                        investigation.6                                         Amendment to Third Amended Final
                                                Constitution Avenue NW, Washington,                                                                             Determination
                                                                                                           Pursuant to the CIT’s July 3, 2018,
                                                DC 20230; telephone: (202) 482–3147.
                                                                                                        final judgment, on July 25, 2018,                         Pursuant to the CIT’s August 15, 2018,
                                                SUPPLEMENTARY INFORMATION:                              Commerce issued the Notice of Court                     order, we are amending the Notice of
                                                Background                                              Decision and Notice of Third Amended                    Court Decision and Notice of Third
                                                                                                        Final Determination, which explained                    Amended Final Determination to
                                                  As explained in further detail in the                 that the CIT’s July 3, 2018, final
                                                Notice of Court Decision and Notice of                                                                          exclude Double F Limited from the AD
                                                                                                        judgment was a final decision of that                   order. Section 735(c)(2)(A)–(B) of the
                                                Third Amended Final Determination,1                     court that is not in harmony with the
                                                on July 3, 2018, the CIT sustained, in                                                                          Act instructs Commerce to terminate
                                                                                                        Second Amended Final Determination,
                                                part, Commerce’s fifth remand                                                                                   suspension of liquidation and to release
                                                                                                        and excluded Dunhua City Jisen, Fine
                                                redetermination.2 In particular, the CIT                                                                        any bond or other security, and refund
                                                                                                        Furniture, and Armstrong Wood from
                                                sustained Commerce’s determination                                                                              any cash deposit, in the event of a
                                                                                                        the AD order.7
                                                not to terminate the AD order 3 because                    On August 15, 2018, in response to an                negative determination. Here,
                                                the order was imposed, in part, based on                unopposed motion filed by Fine                          suspension of liquidation must continue
                                                indirect evidence of dumping by the                     Furniture, the CIT amended its July 3,                  during the pendency of the appeals
                                                China-wide entity, a finding which was                  2018, final judgment, and ordered the                   process (in accordance with Timken and
                                                not challenged.4 With respect to the                    exclusion of Fine Furniture’s affiliate,                as discussed above), and, therefore, we
                                                separate rate plaintiffs, the CIT ordered               Double F Limited, a party previously                    will continue to instruct U.S. Customs
                                                exclusion from the order for three                      collapsed with Fine Furniture into a                    and Border Protection (CBP) at this time
                                                separate respondents that sought                        single entity,8 from the AD order.9 This                to (A) continue suspension at a cash
                                                voluntary examination in the                            notice is published in accordance with                  deposit rate of zero percent until
                                                investigation, but were denied: Dunhua                  the CIT’s August 15, 2018, order, and                   instructed otherwise; and (B) release
                                                City Jisen, Fine Furniture, and                         amends Commerce’s July 25, 2018,                        any bond or other security, and refund
                                                Armstrong Wood. The CIT held that                       Notice of Court Decision and Notice of                  any cash deposit made pursuant to the
                                                                                                        Third Amended Final Determination to                    order by Double F Limited. In the event
                                                   1 See Multilayered Wood Flooring from the
                                                                                                        exclude Double F Limited, along with                    that the CIT’s ruling is not appealed, or
                                                People’s Republic of China: Final Determination of
                                                                                                        Fine Furniture, Donghua City Jisen, and                 appealed and upheld by the CAFC,
                                                Sales at Less Than Fair Value: Notice of Court                                                                  Commerce will instruct CBP to
                                                Decision Not in Harmony with the Second                 Armstrong Wood.
                                                Amended Final Determination and Notice of Third                                                                 terminate the suspension of liquidation
                                                Amended Final Determination of the Antidumping          Amendment to Timken Notice                              and to liquidate those unliquidated
                                                Duty Investigation, 83 FR 35217 (July 25, 2018)
                                                                                                           In its decision in Timken,10 as                      entries of subject merchandise without
                                                (Notice of Court Decision and Notice of Third                                                                   regard to antidumping duties.
                                                Amended Final Determination). See also Baroque          clarified by Diamond Sawblades,11 the
                                                Timber Indus. (Zhongshan) Co. v. United States,         United States Court for the Federal                       This notice is issued and published in
                                                971 F. Supp. 2d 1333, 1336 (Ct. Int’l Trade 2014);      Circuit (CAFC) held that, pursuant to                   accordance with sections 516A(e)(1),
                                                Final Results of Redetermination Pursuant to Court
                                                Order, Baroque Timber Industries (Zhongshan)
                                                                                                        section 516A(e) of the Tariff Act of                    735, and 777(i)(1) of the Act.
                                                Company, Limited, et al. v. United States, dated        1930, as amended (the Act), Commerce                      Dated: August 24, 2018.
                                                November 14, 2013 (First Remand                         must publish a notice of a court
                                                Redetermination); Final Results of Redetermination                                                              Gary Taverman,
                                                                                                        decision that is not ‘‘in harmony’’ with
                                                Pursuant to Court Order, Baroque Timber Industries
                                                                                                        Commerce’s determination and must                       Deputy Assistant Secretary for Antidumping
                                                (Zhongshan) Company, Limited, et al. v. United                                                                  and Countervailing Duty Operations,
                                                States, dated May 30, 2014 (Second Remand               suspend liquidation of entries pending                  performing the non-exclusive functions and
                                                Redetermination); Changzhou Hawd Flooring Co. v.        a ‘‘conclusive’’ court decision. The CIT’s              duties of the Assistant Secretary for
                                                United States, 77 F. Supp. 3d 1351 (Ct. Int’l Trade     August 15, 2018, amendment to its July                  Enforcement and Compliance.
                                                2015); Changzhou Hawd Flooring Co. v. United
                                                States, 848 F.3d 1006, 1008 (Fed. Cir. 2017); Final                                                             [FR Doc. 2018–18725 Filed 8–28–18; 8:45 am]
                                                                                                          5 Id.  at 16.
                                                Results of Redetermination Pursuant to Court                                                                    BILLING CODE 3510–DS–P
                                                                                                           6 Id. at 15–16.
                                                Order, Changzhou Hawd Flooring Co., Ltd., et al. v.
                                                                                                           7 See Notice of Court Decision and Notice of
                                                United States, dated October 16, 2014 (Third
                                                Remand Redetermination); Final Results of               Third Amended Final Determination, 83 FR at
                                                Redetermination Pursuant to Court Order,                35219.                                                  DEPARTMENT OF COMMERCE
                                                Changzhou Hawd Flooring Co., Ltd., et al. v. United        8 See Multilayered Wood Flooring from the

                                                States, dated March 24, 2015 (Fourth Remand             People’s Republic of China: Final Results of            National Oceanic and Atmospheric
                                                Redetermination); Final Results of Redetermination      Antidumping Duty Administrative Review; 2011–           Administration
                                                Pursuant to Court Order, Court No. 12–00020, dated      2012, 79 FR 26712 (May 9, 2014); unchanged in
                                                February 25, 2017 (Fifth Remand Redetermination).       Multilayered Wood Flooring from the People’s
                                                   2 See Changzhou Hawd Flooring Co., et al. v.         Republic of China: Amended Final Results of
                                                                                                                                                                Science Advisory Board; Solicitation
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                                                United States, Ct. No. 12–20, Slip Op. 18–82 (Ct.       Antidumping Duty Review; 2011–2012, 79 FR 35314         for Members of the NOAA Science
                                                Int’l Trade July 3, 2018).                              (June 20, 2014).                                        Advisory Board
                                                   3 See Multilayered Wood Flooring from the               9 See Changzhou Hawd Flooring Co., et al. v.

                                                People’s Republic of China: Amended Final               United States, Ct. No. 12–20, Dkt. No. 199 (Ct. Int’l   AGENCY:  National Oceanic and
                                                Determination of Sales at Less Than Fair Value and      Trade Aug. 15 2018).
                                                                                                                                                                Atmospheric Administration (NOAA),
                                                Antidumping Duty Order, 76 FR 76690 (December              10 See Timken Co. v. United States, 893 F.2d 337

                                                8, 2011) (First Amended Final Determination and         (Fed. Cir. 1990) (Timken).                              Office of Oceanic and Atmospheric
                                                Order).                                                    11 See Diamond Sawblades Mfrs. Coalition v.          Research (OAR), Department of
                                                   4 See Slip Op. 18–82 at 11–12.                       United States, 626 F.3d 1374 (Fed. Cir. 2010).          Commerce (DOC).


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Document Created: 2018-08-29 00:13:53
Document Modified: 2018-08-29 00:13:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable July 13, 2018.
ContactAleksandras Nakutis, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3147.
FR Citation83 FR 44027 

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