83 FR 44262 - Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 169 (August 30, 2018)
International Trade Administration
Federal Register Volume 83, Issue 169 (August 30, 2018)
| Page Range | 44262-44263 | |
| FR Document | 2018-18827 |
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)] [Notices] [Pages 44262-44263] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18827] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-881] Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is notifying the public that the Court of International Trade's (CIT or the Court) final judgment in this case is not in harmony with Commerce's final scope ruling and is, therefore, finding that certain cast iron electrical [[Page 44263]] conduit articles (electrical conduit articles) imported by Atkore Steel Components, Inc. (Atkore), are not within the scope of the antidumping duty order on malleable cast iron pipe fittings (MIPF) from the People's Republic of China (China). DATES: Applicable August 13, 2018. FOR FURTHER INFORMATION CONTACT: Alex Rosen, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7814. SUPPLEMENTARY INFORMATION: Background On October 4, 2016, Atkore submitted a scope request claiming that electrical conduit articles are outside the scope of the antidumping duty Order \1\ on MIPF from China.\2\ Commerce issued its Final Scope Ruling on MIPF on March 16, 2017, finding that electrical conduit articles were subject to the scope of the Order.\3\ On May 12, 2017, Atkore filed a complaint with the CIT asking for a review of Commerce's Final Scope Ruling. On May 15, 2018, the CIT remanded the scope ruling on two grounds.\4\ First, the CIT held that Commerce's determination was incorrect with regard to its finding that the scope language in the Order was unambiguous. Second, the Court held that Commerce's substantive conclusions, responding to Atkore's arguments about the 19 CFR 351.225(k)(1) sources, were unsupported by substantial evidence. --------------------------------------------------------------------------- \1\ See Antidumping Duty Order: Certain Malleable Iron Pipe Fittings from the People's Republic of China, 68 FR 69376 (December 12, 2003) (Order). \2\ See Atkore's Letter, ``Scope Ruling Request: Malleable Cast Iron Pipe Fittings from the People's Republic of China (A-570- 881),'' dated October 4, 2016 (Scope Request). \3\ See Memorandum, ``Antidumping Duty Order on Malleable Cast Iron Pipe Fittings from the People's Republic of China, Final Scope Ruling Concerning Cast Iron Electrical Conduit Articles,'' dated March 16, 2017 (Final Scope Ruling). \4\ See Atkore Steel Components, Inc., v. United States, Court No. 17-00077, Slip Op. 18-52 (CIT 2018). --------------------------------------------------------------------------- Pursuant to the Court's instructions, Commerce issued the Final Results of Redetermination on Remand.\5\ Consistent with the Court's instructions, Commerce conducted an analysis of the (k)(1) sources at the court's direction, but under respectful protest.\6\ Upon further analysis of the merchandise under consideration, and based on various 351.225(k)(1) sources on the record, Commerce determined that the record supports a determination that electrical conduit articles are outside the scope of the Order.\7\ On August 3, 2018, the Court sustained Commerce's Final Remand Results in their entirety.\8\ --------------------------------------------------------------------------- \5\ See Final Results of Redetermination Pursuant to Court Remand, Certain Malleable Iron Pipe Fittings from the People's Republic of China, Atkore Steel Components, Inc., v. United States, Court No. 17-00077, Slip Op. 18-52 (CIT May 15, 2018), dated July 11, 2018 (Final Remand Results). \6\ Id. at 2 (citing Viraj Group, Ltd. v. United States, 343 F.3d 1371, 1376 (Fed. Cir. 2003) (Viraj)). \7\ See Final Remand Results at 16. \8\ See Atkore Steel Components, Inc. v. United States, Court No. 17-00077, Slip Op. 18-94 (CIT 2018). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\9\ as clarified by Diamond Sawblades,\10\ the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A(c) and (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 August 3, 2018, judgment in this case constitutes a final decision of the court that is not in harmony with Commerce's Final Scope Ruling. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, Commerce will continue the suspension of liquidation of components for MIPF pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. --------------------------------------------------------------------------- \9\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Scope Ruling Because there is now a final court decision with respect to this case, Commerce is amending its final scope ruling and finds that the scope of the Order does not cover the electrical conduit articles specified in Atkore's Scope Request. Commerce will instruct U.S. Customs and Border Protection (CBP) that the cash deposit rate will be zero percent for certain electrical conduit articles imported by Atkore. In the event that the CIT's ruling is not appealed, or if appealed, upheld by the CAFC, Commerce will instruct CBP to liquidate entries of Atkore's electrical conduit articles without regard to antidumping duties, and to lift suspension of liquidation of such entries. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(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. 2018-18827 Filed 8-29-18; 8:45 am] BILLING CODE 3510-DS-P
![44262 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
institutions, and States. The Secretary’s nominee’s field(s) of experience; (2) a 5 U.S.C. app. 2 §§ 10(a)(1) and
list will ensure balance and a diversity biographical sketch of the nominee and 10(a)(3)
of perspectives. The Secretary’s a copy of his/her curriculum vitae; and The open session will be accessible
nominees will be prominent in their (3) the name, return address, email via teleconference to 25 participants on
fields, recognized for their professional address, and daytime telephone number a first come, first serve basis. To join the
and other relevant achievements. at which the nominator can be conference, submit inquiries to Ms.
As necessary, the Board may contacted. Joanna Lewis at Joanna.Lewis@
establish, with the consent or at the The President and the Secretary bis.doc.gov no later than September 18,
direction of the Office of the Under encourage nominations for 2018.
Secretary of Economic Affairs and the appropriately qualified female, A limited number of seats will be
Office of the Secretary, such minority, or disabled candidates. The available for the public session.
subcommittees as it considers necessary President and the Secretary also Reservations are not accepted. To the
for the performance of its functions. All encourage geographic diversity in the extent that time permits, members of the
subcommittees must report back to the composition of the Board. All public may present oral statements to
full Board, members and subcommittees nomination information should be the Committee. The public may submit
must not provide advice or work provided in a single, complete package written statements at any time before or
products directly to any Federal agency by midnight on October 1, 2018. after the meeting. However, to facilitate
or official. Interested applicants should send their the distribution of public presentation
Appointed Board members will serve nomination package to American materials to the Committee members,
for a term of up to two years (the WorkforcePolicyAdvisoryBoard@ the Committee suggests that presenters
balance of the initial term of the Board). doc.gov. forward the public presentation
If the term of the Board is extended, materials prior to the meeting to Ms.
members shall be eligible for Dated: August 23, 2018.
Jeremy Pelter,
Lewis via email.
reappointment, and may continue to The Assistant Secretary for
serve after the expiration of their terms Chief Financial Officer and Director of
Administration, with the concurrence of
until the appointment of a successor. Administration for the Economics and
Statistics Administration. the delegate of the General Counsel,
When vacancies occur, the Secretary formally determined on March 23, 2018,
will identify for appointment nominees [FR Doc. 2018–18893 Filed 8–29–18; 8:45 am]
pursuant to Section 10(d) of the Federal
who can best either replicate the BILLING CODE 3510–06–P
Advisory Committee Act, as amended (5
perspective of the departing member or U.S.C. app. 2 § 10(d)), that the portion
provide the Board with a new, of the meeting dealing with pre-
identified needed perspective. DEPARTMENT OF COMMERCE
decisional changes to the Commerce
IV. Compensation for Members of the Bureau of Industry and Security Control List and the U.S. export control
Advisory Board policies shall be exempt from the
Regulations and Procedures Technical provisions relating to public meetings
Members of the Board shall serve
Advisory Committee; Notice of found in 5 U.S.C. app. 2 §§ 10(a)(1) and
without any compensation for their
Partially Closed Meeting 10(a)(3). The remaining portions of the
work on the Board. Members of the
meeting will be open to the public. For
Board, while engaged in the work of the The Regulations and Procedures more information, call Joanna Lewis at
Board, will, upon request, be Technical Advisory Committee (RPTAC) (202) 482–6440.
reimbursed for travel expenses, will meet September 25, 2018, 9:00 a.m.,
including per diem in lieu of Room 3884, in the Herbert C. Hoover Joanna Lewis,
subsistence, to the extent permitted by Building, 14th Street between Committee Liaison Officer.
law for persons serving intermittently in Constitution and Pennsylvania Avenues [FR Doc. 2018–18803 Filed 8–29–18; 8:45 am]
government service (5 U.S.C. 5701– NW, Washington, DC. The Committee BILLING CODE 3510–JT–P
5707), consistent with the availability of advises the Office of the Assistant
funds. Secretary for Export Administration on
V. Solicitation of Nominations implementation of the Export DEPARTMENT OF COMMERCE
Administration Regulations (EAR) and
The Secretary will consider provides for continuing review to International Trade Administration
nominations of all qualified individuals update the EAR as needed. [A–570–881]
to ensure that the Board includes the
areas of experience noted above. Agenda
Malleable Cast Iron Pipe Fittings From
Individuals may nominate themselves Public Session the People’s Republic of China: Notice
or other individuals, and professional of Court Decision Not in Harmony With
associations and organizations may 1. Opening remarks by the Chairman
Final Scope Ruling and Notice of
nominate one or more qualified persons 2. Opening remarks by the Bureau of
Amended Final Scope Ruling Pursuant
for membership on the Board. Industry and Security
to Court Decision
Nominations shall state that the 3. Presentation of papers or comments
nominee is willing to serve as a member by the Public AGENCY: Enforcement and Compliance,
and carry out the duties of the Board. 4. Export Enforcement update International Trade Administration,
A nomination package should include 5. Regulations update Department of Commerce.
amozie on DSK3GDR082PROD with NOTICES1
the following information for each 6. Working group reports SUMMARY: The Department of Commerce
nominee: (1) A letter of nomination 7. Automated Export System update (Commerce) is notifying the public that
stating the name, affiliation, and contact the Court of International Trade’s (CIT
information for the nominee, the basis Closed Session or the Court) final judgment in this case
for the nomination (i.e., what specific 8. Discussion of matters determined to is not in harmony with Commerce’s
attributes recommend him/her for be exempt from the provisions final scope ruling and is, therefore,
service in this capacity), and the relating to public meetings found in finding that certain cast iron electrical
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![Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 44263
conduit articles (electrical conduit further analysis of the merchandise Dated: August 24, 2018.
articles) imported by Atkore Steel under consideration, and based on Gary Taverman,
Components, Inc. (Atkore), are not various 351.225(k)(1) sources on the Deputy Assistant Secretary for Antidumping
within the scope of the antidumping record, Commerce determined that the and Countervailing Duty Operations,
duty order on malleable cast iron pipe record supports a determination that performing the non-exclusive functions and
fittings (MIPF) from the People’s electrical conduit articles are outside duties of the Assistant Secretary for
Republic of China (China). the scope of the Order.7 On August 3, Enforcement and Compliance.
2018, the Court sustained Commerce’s [FR Doc. 2018–18827 Filed 8–29–18; 8:45 am]
DATES: Applicable August 13, 2018.
FOR FURTHER INFORMATION CONTACT: Alex Final Remand Results in their entirety.8 BILLING CODE 3510–DS–P
Rosen, Office III, AD/CVD Operations, Timken Notice
Enforcement and Compliance, DEPARTMENT OF COMMERCE
International Trade Administration, In its decision in Timken,9 as clarified
U.S. Department of Commerce, 1401 by Diamond Sawblades,10 the Court of
Appeals for the Federal Circuit (CAFC) National Oceanic and Atmospheric
Constitution Avenue NW, Washington, Administration
DC 20230; telephone: (202) 482–7814. held that, pursuant to section 516A(c)
and (e) of the Tariff Act of 1930, as Science Advisory Board; Solicitation
SUPPLEMENTARY INFORMATION:
amended (the Act), Commerce must for Members of the NOAA Science
Background publish a notice of a court decision that Advisory Board
On October 4, 2016, Atkore submitted is not ‘‘in harmony’’ with a Commerce
determination and must suspend AGENCY: Office of Oceanic and
a scope request claiming that electrical
liquidation of entries pending a Atmospheric Research (OAR), National
conduit articles are outside the scope of
‘‘conclusive’’ court decision. The CIT’s Oceanic and Atmospheric
the antidumping duty Order 1 on MIPF
August 3, 2018, judgment in this case Administration (NOAA), Department of
from China.2 Commerce issued its Final
constitutes a final decision of the court Commerce (DOC).
Scope Ruling on MIPF on March 16,
2017, finding that electrical conduit that is not in harmony with Commerce’s ACTION: Notice of solicitation for
articles were subject to the scope of the Final Scope Ruling. This notice is members of the NOAA Science
Order.3 On May 12, 2017, Atkore filed published in fulfillment of the Advisory Board.
a complaint with the CIT asking for a publication requirements of Timken.
Accordingly, Commerce will continue SUMMARY: NOAA is soliciting
review of Commerce’s Final Scope nominations for members of the NOAA
Ruling. On May 15, 2018, the CIT the suspension of liquidation of
components for MIPF pending Science Advisory Board (SAB). The
remanded the scope ruling on two SAB is the only Federal Advisory
grounds.4 First, the CIT held that expiration of the period of appeal or, if
appealed, pending a final and Committee with the responsibility to
Commerce’s determination was advise the Under Secretary of
incorrect with regard to its finding that conclusive court decision.
Commerce for Oceans, Atmosphere, and
the scope language in the Order was Amended Final Scope Ruling NOAA Administrator on long- and
unambiguous. Second, the Court held short-range strategies for research,
Because there is now a final court
that Commerce’s substantive education, and application of science to
decision with respect to this case,
conclusions, responding to Atkore’s resource management and
Commerce is amending its final scope
arguments about the 19 CFR environmental assessment and
ruling and finds that the scope of the
351.225(k)(1) sources, were prediction. The SAB consists of
Order does not cover the electrical
unsupported by substantial evidence. approximately fifteen members
conduit articles specified in Atkore’s
Pursuant to the Court’s instructions, reflecting the full breadth of NOAA’s
Scope Request. Commerce will instruct
Commerce issued the Final Results of areas of responsibility and assists
U.S. Customs and Border Protection
Redetermination on Remand.5 NOAA in maintaining a complete and
(CBP) that the cash deposit rate will be
Consistent with the Court’s instructions, accurate understanding of scientific
zero percent for certain electrical
Commerce conducted an analysis of the issues critical to the agency’s missions.
conduit articles imported by Atkore. In
(k)(1) sources at the court’s direction,
the event that the CIT’s ruling is not DATES: Nominations should be sent to
but under respectful protest.6 Upon
appealed, or if appealed, upheld by the the web address specified below and
1 See Antidumping Duty Order: Certain Malleable CAFC, Commerce will instruct CBP to must be received by October 15, 2018.
Iron Pipe Fittings from the People’s Republic of liquidate entries of Atkore’s electrical ADDRESSES: Applications should be
China, 68 FR 69376 (December 12, 2003) (Order). conduit articles without regard to submitted electronically to
2 See Atkore’s Letter, ‘‘Scope Ruling Request:
antidumping duties, and to lift noaa.sab.newmembers@noaa.gov.
Malleable Cast Iron Pipe Fittings from the People’s suspension of liquidation of such
Republic of China (A–570–881),’’ dated October 4, FOR FURTHER INFORMATION CONTACT: Dr.
2016 (Scope Request). entries. Cynthia Decker, Executive Director,
3 See Memorandum, ‘‘Antidumping Duty Order
Notification to Interested Parties Science Advisory Board, NOAA, Rm.
on Malleable Cast Iron Pipe Fittings from the 11230, 1315 East-West Highway, Silver
People’s Republic of China, Final Scope Ruling This notice is issued and published in Spring, Maryland 20910 (Phone: 301–
Concerning Cast Iron Electrical Conduit Articles,’’ accordance with sections 516A(e)(1) of
dated March 16, 2017 (Final Scope Ruling). 734–1156, Fax: 301–713–1459, Email:
4 See Atkore Steel Components, Inc., v. United
the Act. Cynthia.Decker@noaa.gov); or visit the
States, Court No. 17–00077, Slip Op. 18–52 (CIT NOAA SAB website at http://
amozie on DSK3GDR082PROD with NOTICES1
7 See Final Remand Results at 16.
2018). www.sab.noaa.gov.
5 See Final Results of Redetermination Pursuant 8 See Atkore Steel Components, Inc. v. United
to Court Remand, Certain Malleable Iron Pipe States, Court No. 17–00077, Slip Op. 18–94 (CIT SUPPLEMENTARY INFORMATION: At this
Fittings from the People’s Republic of China, Atkore 2018). time, individuals are sought with
Steel Components, Inc., v. United States, Court No. 9 See Timken Co. v. United States, 893 F.2d 337,
expertise in cloud computing, artificial
17–00077, Slip Op. 18–52 (CIT May 15, 2018), 341 (Fed. Cir. 1990) (Timken).
dated July 11, 2018 (Final Remand Results). 10 See Diamond Sawblades Mfrs. Coalition v. intelligence and data management;
6 Id. at 2 (citing Viraj Group, Ltd. v. United States, United States, 626 F.3d 1374 (Fed. Cir. 2010) weather modeling and data assimilation;
343 F.3d 1371, 1376 (Fed. Cir. 2003) (Viraj)). (Diamond Sawblades). remote/autonomous sensing technology;
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Document Created: 2018-08-30 01:21:30
Document Modified: 2018-08-30 01:21:30
| 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 August 13, 2018. | |
| Contact | Alex Rosen, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7814. | |
| FR Citation | 83 FR 44262 |
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