83 FR 49361 - Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 190 (October 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 190 (October 1, 2018)
| Page Range | 49361-49362 | |
| FR Document | 2018-21246 |
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)] [Notices] [Pages 49361-49362] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21246] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-836] Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 7, 2018, the Court of International Trade (CIT or Court) sustained the final results of remand redetermination pertaining to the administrative review of the antidumping duty order on glycine from the People's Republic of China (China), covering the period of March 1, 2013, through February 28, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce's final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to the China-wide entity. DATES: Applicable September 17, 2018. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-7924, respectively. SUPPLEMENTARY INFORMATION: Background In the underlying 2013/2014 administrative review, Commerce rescinded its review with respect to Evonik Rexim (Nanning) Pharmaceutical Co., Ltd., (Evonik), finding Evonik's sales of subject merchandise to be not bona fide.\1\ Accordingly, Commerce determined that Evonik's entries during the period of review would be subject to the rate for the China-wide entity in effect at the time of entry, which at that point in time was 453.79 percent.\2\ This rate was established as the China-wide rate in Final Results 12-13.\3\ The rate of 453.79 percent was originally calculated in Final Results 10-11 for respondent Baoding Mantong Fine Chemistry Co., Ltd. (Baoding Mantong).\4\ Baoding Mantong challenged that rate in Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Consol. Ct. No. 12-00362. In that separate proceeding, this Court twice remanded the calculation of the rate to Commerce, sustaining Commerce's second remand redetermination, which reduced Baoding Mantong's calculated margin to 0.00 percent for the Final Results 10-11.\5\ --------------------------------------------------------------------------- \1\ See Glycine from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 FR 62,027 (October 15, 2015) (Final Results 13-14) and accompanying Issues and Decision Memorandum (Issues and Decision Memorandum) at Comment 5. \2\ See Final Results 13-14 at 62,028. \3\ See Glycine from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 64,746, 64,748 (October 31, 2014) (Final Results 12-13). \4\ See Glycine from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 64,100, 64,101 (October 18, 2012) (Final Results 10-11). \5\ See Baoding Mantong Fine Chemistry Co. Ltd., Slip. Op. 17- 169, 279 F. Supp. 3d 1321 (Ct. Int'l Trade Dec. 20, 2017) (Baoding Mantong). In an earlier decision, Baoding Mantong Fine Chemistry Co. Ltd., 41 CIT ___, 222 F. Supp. 3d. 1231 (Ct. Int'l Trade 2017), the Court sustained an initial revision by Commerce of Baoding Mantong's rate to 64.97 percent. --------------------------------------------------------------------------- Because Final Results 10-11 was under judicial review at the commencement of its action before the Court, Evonik challenged Commerce's application of the rate of 453.79 percent to the China-wide entity \6\ in its action [[Page 49362]] on Final Results 13-14. The Court severed and stayed that claim from Consol. Ct. No. 15-00296,\7\ pending the disposition of the challenge in Baoding Mantong. --------------------------------------------------------------------------- \6\ See Issues and Decision Memorandum at Comment 6. \7\ See Consol. Ct. No. 15-296 ECF Docket No. 70, and Ct. No. 17-132, ECF Docket No. 1. --------------------------------------------------------------------------- In light of the final judgment issued in Baoding Mantong, the Court granted Commerce's motion for a voluntary remand to reevaluate its application of the China-wide entity rate to Evonik in Final Results 13-14. In the Final Results of Redetermination, Commerce selected as the China-wide rate for the 2013/2014 review the China-wide rate stemming from the underlying less-than-fair-value investigation.\8\ This rate, set at 155.89 percent, had been in effect prior to the China-wide rate being set at 453.79 percent in Final Results 12-13. On September 7, 2018, the Court sustained the Final Results of Redetermination.\9\ --------------------------------------------------------------------------- \8\ See ``Final Results of Redetermination Pursuant to Court Remand,'' dated June 5, 2018 (Final Results of Redetermination). See also ``Antidumping Duty Order: Glycine from the People's Republic of China,'' 60 FR 16,116, (March 29, 1995). \9\ See Pharm-Rx Chemical Corporation v. United States, Court No. 17-00268, Slip Op. 18-113 (CIT September 7, 2018). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\10\ as clarified by Diamond Sawblades,\11\ 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 September 7, 2018, final judgment sustaining the Final Results of Redetermination constitutes a final decision of the Court that is not in harmony with Final Results 13-14. 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. --------------------------------------------------------------------------- \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) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Results of Review Because there is now a final court decision, Commerce is amending Final Results 13-14 with respect to the China-wide rate previously assigned to the exporter. Based on the Final Results of Redetermination, as sustained by the CIT, the revised China-wide rate, for the period March 1, 2013, through February 28, 2014, is as follows: ------------------------------------------------------------------------ Weighted- average dumping Producer or exporter margin (percent) ------------------------------------------------------------------------ China-wide Entity...................................... 155.89 ------------------------------------------------------------------------ In the event the Court's ruling is not appealed or, if appealed, upheld by a final and conclusive court decision, Commerce will instruct the U.S. Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise with respect to Evonik. Cash Deposit Requirements As the China-wide entity's cash deposit rate has not been subject to subsequent administrative reviews, Commerce will issue revised cash deposit instructions to CBP adjusting the rate for the China-wide entity to 155.89 percent, effective September 17, 2018. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: September 25, 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. 2018-21246 Filed 9-28-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices 49361
For entries of subject merchandise Notification Regarding Administrative Administration, U.S. Department of
during the POR produced by TFM for Protective Orders Commerce, 1401 Constitution Avenue
which it did not know its merchandise This notice also serves as a reminder NW, Washington, DC 20230; telephone:
was destined for the United States, we to parties subject to administrative (202) 482–3931 or (202) 482–7924,
will instruct CBP to liquidate protective order (APO) of their respectively.
unreviewed entries at the all-others rate responsibility concerning the SUPPLEMENTARY INFORMATION:
if there is no rate for the intermediate destruction of proprietary information
company involved in the transaction. disclosed under APO in accordance Background
We intend to issue assessment with 19 CFR 351.305(a)(3). Timely
instructions to CBP 15 days after In the underlying 2013/2014
written notification of the return or administrative review, Commerce
publication of the final results of this destruction of APO materials or
review. rescinded its review with respect to
conversion to judicial protective order is Evonik Rexim (Nanning)
Cash Deposit Requirements hereby requested. Failure to comply Pharmaceutical Co., Ltd., (Evonik),
with the regulations and terms of an finding Evonik’s sales of subject
The following cash deposit APO is a violation subject to sanction. merchandise to be not bona fide.1
requirements will be effective upon We are issuing and publishing these Accordingly, Commerce determined
publication of the notice of final results results of an administrative review in that Evonik’s entries during the period
of administrative review for all accordance with sections 751(a)(1) and of review would be subject to the rate
shipments of stilbenic OBAs from 777(i) of the Act and 19 CFR for the China-wide entity in effect at the
Taiwan entered, or withdrawn from 351.221(b)(5). time of entry, which at that point in
warehouse, for consumption on or after Dated: September 25, 2018. time was 453.79 percent.2 This rate was
the date of publication as provided by
Gary Taverman, established as the China-wide rate in
section 751(a)(2)(C) of the Act: (1) The
Deputy Assistant Secretary for Antidumping Final Results 12–13.3 The rate of 453.79
cash deposit rate for TFM will be 1.31
and Countervailing Duty Operations, percent was originally calculated in
percent, the weighted-average dumping performing the non-exclusive functions and Final Results 10–11 for respondent
margin established in the final results of duties of the Assistant Secretary for Baoding Mantong Fine Chemistry Co.,
this administrative review; (2) for Enforcement and Compliance. Ltd. (Baoding Mantong).4 Baoding
merchandise exported by producers or [FR Doc. 2018–21325 Filed 9–28–18; 8:45 am] Mantong challenged that rate in Baoding
exporters not covered in this BILLING CODE 3510–DS–P Mantong Fine Chemistry Co., Ltd. v.
administrative review but covered in a
United States, Consol. Ct. No. 12–00362.
prior segment of the proceeding, the
In that separate proceeding, this Court
cash deposit rate will continue to be the DEPARTMENT OF COMMERCE twice remanded the calculation of the
company-specific rate published for the
rate to Commerce, sustaining
most recently completed segment of this International Trade Administration Commerce’s second remand
proceeding; (3) if the exporter is not a
[A–570–836] redetermination, which reduced
firm covered in this review, a prior
Baoding Mantong’s calculated margin to
review, or the original investigation, but Glycine From the People’s Republic of 0.00 percent for the Final Results 10–
the producer is, the cash deposit rate China: Notice of Court Decision Not in 11.5
will be the rate established for the most Harmony With Final Results of the
recently completed segment of this Because Final Results 10–11 was
Antidumping Duty Administrative under judicial review at the
proceeding for the producer of the Review and Notice of Amended Final
subject merchandise; and (4) the cash commencement of its action before the
Results; 2013–2014 Court, Evonik challenged Commerce’s
deposit rate for all other producers or
exporters will continue to be 6.19 AGENCY: Enforcement and Compliance, application of the rate of 453.79 percent
percent, the all-others rate established International Trade Administration, to the China-wide entity 6 in its action
in the investigation.5 Department of Commerce.
SUMMARY: On September 7, 2018, the 1 See Glycine from the People’s Republic of
These cash deposit requirements, China: Final Results of Antidumping Duty
Court of International Trade (CIT or
when imposed, shall remain in effect Administrative Review and Partial Rescission of
Court) sustained the final results of
until further notice. Antidumping Duty Administrative Review; 2013–
remand redetermination pertaining to 2014, 80 FR 62,027 (October 15, 2015) (Final
Notification to Importers the administrative review of the Results 13–14) and accompanying Issues and
antidumping duty order on glycine from Decision Memorandum (Issues and Decision
This notice serves as a final reminder the People’s Republic of China (China), Memorandum) at Comment 5.
to importers of their responsibility covering the period of March 1, 2013,
2 See Final Results 13–14 at 62,028.
3 See Glycine from the People’s Republic of
under 19 CFR 351.402(f)(2) to file a through February 28, 2014. The China: Final Results of Antidumping Duty
certificate regarding the reimbursement Department of Commerce (Commerce) is Administrative Review; 2012–2013, 79 FR 64,746,
of antidumping duties prior to notifying the public that the final 64,748 (October 31, 2014) (Final Results 12–13).
liquidation of the relevant entries judgment in this case is not in harmony
4 See Glycine from the People’s Republic of
during this review period. Failure to with Commerce’s final results of the
China: Final Results of Antidumping Duty
comply with this requirement could Administrative Review, 77 FR 64,100, 64,101
administrative review and that (October 18, 2012) (Final Results 10–11).
result in the Secretary’s presumption Commerce is amending the final results 5 See Baoding Mantong Fine Chemistry Co. Ltd.,
that reimbursement of antidumping
amozie on DSK3GDR082PROD with NOTICES
with respect to the dumping margin Slip. Op. 17–169, 279 F. Supp. 3d 1321 (Ct. Int’l
duties occurred and the subsequent assigned to the China-wide entity. Trade Dec. 20, 2017) (Baoding Mantong). In an
assessment of double antidumping earlier decision, Baoding Mantong Fine Chemistry
DATES: Applicable September 17, 2018. Co. Ltd., 41 CIT ___, 222 F. Supp. 3d. 1231 (Ct. Int’l
duties. Trade 2017), the Court sustained an initial revision
FOR FURTHER INFORMATION CONTACT:
by Commerce of Baoding Mantong’s rate to 64.97
5 See Certain Stilbenic Optical Brightening Agents Edythe Artman or Brian Davis, AD/CVD percent.
from Taiwan: Final Determination of Sales at Less Operations, Office VI, Enforcement and 6 See Issues and Decision Memorandum at
Than Fair Value, 77 FR 17027 (March 23, 2012). Compliance, International Trade Comment 6.
VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1](https://thefederalregister.org/doc/83_FR_49551/page/1.svg)
![49362 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices
on Final Results 13–14. The Court period March 1, 2013, through February appointing authority on other
severed and stayed that claim from 28, 2014, is as follows: performance management issues, such
Consol. Ct. No. 15–00296,7 pending the as pay adjustments, bonuses and
disposition of the challenge in Baoding Weighted- Presidential Rank Awards for SES. The
Mantong. average appointment of these members to the
Producer or exporter dumping
In light of the final judgment issued margin Performance Review Board will be for a
in Baoding Mantong, the Court granted (percent) period of twenty-four (24) months.
Commerce’s motion for a voluntary DATES: The period of appointment for
remand to reevaluate its application of China-wide Entity .................. 155.89 those individuals selected for ITA’s
the China-wide entity rate to Evonik in Performance Review Board begins on
Final Results 13–14. In the Final Results In the event the Court’s ruling is not
October 1, 2018.
of Redetermination, Commerce selected appealed or, if appealed, upheld by a
final and conclusive court decision, FOR FURTHER INFORMATION CONTACT: Joan
as the China-wide rate for the 2013/2014 Nagielski, U.S. Department of
review the China-wide rate stemming Commerce will instruct the U.S.
Customs and Border Protection (CBP) to Commerce, Office of Human Resources
from the underlying less-than-fair-value Management, Department of Commerce
investigation.8 This rate, set at 155.89 assess antidumping duties on
unliquidated entries of subject Human Resources Operations Center,
percent, had been in effect prior to the Office of Employment and
China-wide rate being set at 453.79 merchandise with respect to Evonik.
Compensation, 14th and Constitution
percent in Final Results 12–13. On Cash Deposit Requirements Avenue NW, Room 50013, Washington,
September 7, 2018, the Court sustained DC 20230, at (202) 482–6342.
As the China-wide entity’s cash
the Final Results of Redetermination.9
deposit rate has not been subject to SUPPLEMENTARY INFORMATION: In
Timken Notice subsequent administrative reviews, accordance with 5 U.S.C. 4314(c)(4), the
Commerce will issue revised cash International Trade Administration
In its decision in Timken,10 as
deposit instructions to CBP adjusting (ITA), Department of Commerce (DOC),
clarified by Diamond Sawblades,11 the
the rate for the China-wide entity to announces the appointment of those
Court of Appeals for the Federal Circuit
155.89 percent, effective September 17, individuals who have been selected to
held that, pursuant to section 516A(e) of
2018. serve as members of the ITA
the Tariff Act of 1930, as amended (the
Performance Review Board. The
Act), Commerce must publish a notice Notification to Interested Parties
Performance Review Board is
of a court decision that is not ‘‘in This notice is issued and published in responsible for (1) reviewing
harmony’’ with a Commerce accordance with sections 516A(e)(1), performance appraisals and ratings of
determination and must suspend 751(a)(1), and 777(i)(1) of the Act. Senior Executive Service (SES) members
liquidation of entries pending a
Dated: September 25, 2018. and (2) making recommendations to the
‘‘conclusive’’ court decision. The CIT’s
Gary Taverman, appointing authority on other
September 7, 2018, final judgment
Deputy Assistant Secretary for Antidumping Performance management issues, such
sustaining the Final Results of
and Countervailing Duty Operations, as pay adjustments, bonuses and
Redetermination constitutes a final
performing the non-exclusive functions and Presidential Rank Awards for SES. The
decision of the Court that is not in
duties of the Assistant Secretary for Appointment of these members to the
harmony with Final Results 13–14. This Enforcement and Compliance. Performance Review Board will be for a
notice is published in fulfillment of the
[FR Doc. 2018–21246 Filed 9–28–18; 8:45 am] period of twenty-four (24) months.
Timken publication requirements.
BILLING CODE 3510–DS–P The name, position title, and type of
Accordingly, Commerce will continue
appointment of each member of the
the suspension of liquidation of the
Performance Review Board are set forth
subject merchandise pending a final and DEPARTMENT OF COMMERCE below:
conclusive court decision.
International Trade Administration 1. Andre Mendes, Chief Information Officer,
Amended Final Results of Review Career SES
Because there is now a final court Membership of the International Trade 2. Diane Farrell, Deputy Assistant Secretary
decision, Commerce is amending Final for Asia, Career SES
Administration Performance Review 3. James Sullivan, Deputy Assistant Secretary
Results 13–14 with respect to the China- Board for Services, Noncareer SES
wide rate previously assigned to the 4. Carole Showers, Executive Director for
exporter. Based on the Final Results of AGENCY: International Trade
Administration, Department of Antidumping & Policy Negotiation,
Redetermination, as sustained by the Career SES
CIT, the revised China-wide rate, for the Commerce. 5. Veronica LeGrande, HR Director,
ACTION: Notice of membership on the Enterprise Services, Career SES
7 See Consol. Ct. No. 15–296 ECF Docket No. 70, International Trade Administration’s 6. Anne Driscoll, Deputy Assistant Secretary
and Ct. No. 17–132, ECF Docket No. 1. Performance Review Board. for Industry and Analysis, Career SES
8 See ‘‘Final Results of Redetermination Pursuant 7. Timothy Rosado, Chief Financial and
to Court Remand,’’ dated June 5, 2018 (Final SUMMARY: The International Trade Administrative Officer, Career SES
Results of Redetermination). See also Administration (ITA), Department of 8. Praveen Dixit, Deputy Assistant Secretary
‘‘Antidumping Duty Order: Glycine from the Commerce (DOC), announces the for Trade Policy and Analysis, Career
People’s Republic of China,’’ 60 FR 16,116, (March SES
29, 1995). appointment of those individuals who
amozie on DSK3GDR082PROD with NOTICES
9 See Pharm-Rx Chemical Corporation v. United have been selected to serve as members 9. Christian Marsh, Deputy Assistant
States, Court No. 17–00268, Slip Op. 18–113 (CIT of ITA’s Performance Review Board. Secretary for Enforcement and
September 7, 2018). Compliance, Career SES
The Performance Review Board is 10. Stephen Renna, Director, Advocacy
10 See Timken Co. v. United States, 893 F.2d 337
responsible for (1) reviewing Center, Noncareer SES
(Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Mfrs. Coalition v.
performance appraisals and ratings of 11. John Cooney, Chief of Staff, Noncareer
United States, 626 F.3d 1374 (Fed. Cir. 2010) Senior Executive Service (SES) members SES
(Diamond Sawblades). and (2) making recommendations to the 12. Kurt Bersani, Chief Financial Officer,
VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1](https://thefederalregister.org/doc/83_FR_49551/page/2.svg)
Document Created: 2018-09-29 04:26:06
Document Modified: 2018-09-29 04:26:06
| 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 September 17, 2018. | |
| Contact | Edythe Artman or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-7924, respectively. | |
| FR Citation | 83 FR 49361 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR