83 FR 64330 - Certain Polyester Staple Fiber From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 240
(December 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64330-64331 | |
| FR Document | 2018-27121 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Notices] [Pages 64330-64331] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27121] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-905] Certain Polyester Staple Fiber From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 30, 2018, the United States Court of International Trade (CIT or the Court) sustained the final results of redetermination pertaining to the antidumping duty (AD) administrative review of certain polyester staple fiber (PSF) from the People's Republic of China (China) for the period of review (POR) June 1, 2010, through May 31, 2011. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final results of the AD administrative review of the antidumping duty order on PSF from China and that Commerce is amending the final results with respect to the AD cash deposit rate assigned to Zhaoqing Tifo New Fibre Co., Ltd (Zhaoqing Tifo). DATES: Applicable December 10, 2018. FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4047. SUPPLEMENTARY INFORMATION: Background On January 11, 2013, Commerce published its Final Results of the 2010-2011 AD administrative review of PSF from China.\1\ On April 7, 2015, the CIT remanded the Final Results to Commerce to reconsider the dumping margin calculation for Zhaoqing Tifo and to consider any potential for double counting of energy inputs by the inclusion of coal as a factor of production (FOP), as alleged by Zhaoqing Tifo.\2\ In its First Remand Redetermination, Commerce relied upon a different set of financial statements that allowed Commerce to more accurately calculate Zhaoqing Tifo's dumping margin while also addressing any concerns of double counting of energy inputs.\3\ On August 30, 2017, the Court remanded this issue to Commerce a second time, finding that Commerce's selection of financial statements was not timely challenged by any party and was, thus, beyond the scope of the remand in Zhaoqing Tifo I.\4\ Therefore, the Court instructed Commerce to reconsider how the surrogate financial ratios originally used in Final Results account for energy sources and whether the inclusion of coal in the FOP database results in double-counting.\5\ In its Second Remand Redetermination, under respectful protest,\6\ Commerce relied on the financial statements used in the Final Results,\7\ and removed coal as a factor of production from the dumping margin calculation to address the Court's concern over potential double counting of energy inputs.\8\ On November 30, 2018, the CIT sustained Commerce's Second Remand Redetermination.\9\ --------------------------------------------------------------------------- \1\ See Certain Polyester Staple Fiber from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 2366 (January 11, 2013) (Final Results) and accompanying Issues and Decision Memorandum (IDM). \2\ See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, 60 F. Supp. 3d 1328 (CIT 2015) (Zhaoqing Tifo I). \3\ See Final Results of Redetermination Pursuant to Zhaoqing Tifo New Fibre Co., Ltd. v. United States, Court No. 13-00044, Slip Op. 15-31 (April 9, 2015), dated July 9, 2015 (First Remand Redetermination). \4\ See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, 256 F. Supp. 3d 1314, 1334 (CIT 2017) (Zhaoqing II). \5\ Id., 256 F. Supp. 3d at 1337. \6\ See Viraj Grp, Ltd. v. United States, 343 F.3d 1371, 1376 (Fed. Cir. 2003). \7\ Final Results, 78 FR at 2368, and accompanying IDM at Comment 2. \8\ See Final Results of Redetermination Pursuant to Court Remand Zhaoqing Tifo New Fibre Co., Ltd. v. United States, Court No. 13-00044, Slip Op. 17-118 (CIT August 30, 2017), dated November 6, 2017 (Second Remand Redetermination). \9\ See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, Court No. 13-00044, Slip Op. 18-168 (CIT November 30, 2018). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\10\ as clarified by Diamond Sawblades,\11\ the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A 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.\12\ The CIT's November 30, 2018, final judgment affirming the Second Remand 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 publication requirements of Timken and section 516A of the Act. --------------------------------------------------------------------------- \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). \12\ See Sections 516A(c) and (e) of the Act. --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, Commerce is amending its Final Results. Commerce finds that the revised AD dumping margin for Zhaoqing Tifo is as follows: ------------------------------------------------------------------------ Weighted- average dumping Producer/exporter margin (percent) ------------------------------------------------------------------------ Zhaoqing Tifo New Fiber Co., Ltd....................... 0.00 ------------------------------------------------------------------------ Accordingly, Commerce will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the Court's ruling is not appealed or, if appealed, upheld by the CAFC, Commerce will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise exported [[Page 64331]] by Zhaoqing Tifo using the assessment rate calculated by Commerce listed above. Cash Deposit Requirements Because cash deposit rate for Zhaoqing Tifo has been superseded by cash deposit rates calculated in intervening administrative reviews of the AD order on PSF from China, we will not alter the cash deposit rate for Zhaoqing Tifo. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: December 10, 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. 2018-27121 Filed 12-13-18; 8:45 am] BILLING CODE 3510-DS-P
![64330 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices
751(a)(1) and 777(i)(1) of the Act and 19 Zhaoqing Tifo New Fibre Co., Ltd production from the dumping margin
CFR 351.221(b)(5). (Zhaoqing Tifo). calculation to address the Court’s
Dated: December 7, 2018. DATES: Applicable December 10, 2018. concern over potential double counting
Gary Taverman, FOR FURTHER INFORMATION CONTACT: Jerry of energy inputs.8 On November 30,
Huang, AD/CVD Operations, Office V, 2018, the CIT sustained Commerce’s
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, Enforcement and Compliance, Second Remand Redetermination.9
performing the non-exclusive functions and International Trade Administration, Timken Notice
duties of the Assistant Secretary for U.S. Department of Commerce, 1401
Enforcement and Compliance. Constitution Avenue NW, Washington, In its decision in Timken,10 as
DC 20230; telephone (202) 482–4047. clarified by Diamond Sawblades,11 the
Appendix Court of Appeals for the Federal Circuit
SUPPLEMENTARY INFORMATION:
List of Topics Discussed in the Issues and (CAFC) held that, pursuant to section
Decision Memorandum Background 516A of the Tariff Act of 1930, as
I. Summary On January 11, 2013, Commerce amended (the Act), Commerce must
II. Background published its Final Results of the 2010– publish a notice of a court decision that
III. List of Interested Party Comments 2011 AD administrative review of PSF is not ‘‘in harmony’’ with a Commerce
IV. Scope of the Order from China.1 On April 7, 2015, the CIT determination and must suspend
V. Changes Since the Preliminary Results remanded the Final Results to liquidation of entries pending a
VI. Subsidy Valuation Information ‘‘conclusive’’ court decision.12 The
Commerce to reconsider the dumping
VII. Analysis of Programs CIT’s November 30, 2018, final
VIII. Discussion of the Issues margin calculation for Zhaoqing Tifo
Comment 1: Commerce Should Not Make and to consider any potential for double judgment affirming the Second Remand
Any Changes to the Results Other Than counting of energy inputs by the Redetermination constitutes a final
Those Raised in Parties’ Briefs inclusion of coal as a factor of decision of the Court that is not in
Comment 2: Commerce Should Exclude production (FOP), as alleged by harmony with Commerce’s Final
the Action 6.1.4. Program from the Final Zhaoqing Tifo.2 In its First Remand Results. This notice is published in
Results Redetermination, Commerce relied fulfillment of the publication
Commerce 3: Commerce Should upon a different set of financial requirements of Timken and section
Recalculate the Benefit for the ERDF statements that allowed Commerce to 516A of the Act.
Action 4.1 Program
IX. Conclusion
more accurately calculate Zhaoqing Amended Final Results
Tifo’s dumping margin while also
[FR Doc. 2018–27119 Filed 12–13–18; 8:45 am] addressing any concerns of double Because there is now a final court
BILLING CODE 3510–DS–P counting of energy inputs.3 On August decision, Commerce is amending its
30, 2017, the Court remanded this issue Final Results. Commerce finds that the
to Commerce a second time, finding that revised AD dumping margin for
DEPARTMENT OF COMMERCE Commerce’s selection of financial Zhaoqing Tifo is as follows:
International Trade Administration statements was not timely challenged by
any party and was, thus, beyond the Weighted-
average
[A–570–905] scope of the remand in Zhaoqing Tifo I.4 Producer/exporter dumping
Therefore, the Court instructed margin
Certain Polyester Staple Fiber From Commerce to reconsider how the (percent)
the People’s Republic of China: Notice surrogate financial ratios originally used
of Court Decision Not in Harmony With in Final Results account for energy Zhaoqing Tifo New Fiber
Final Results of Antidumping Duty sources and whether the inclusion of Co., Ltd ............................. 0.00
Administrative Review and Notice of coal in the FOP database results in
Amended Final Results of double-counting.5 In its Second Remand Accordingly, Commerce will continue
Antidumping Duty Administrative Redetermination, under respectful the suspension of liquidation of the
Review protest,6 Commerce relied on the subject merchandise pending the
financial statements used in the Final expiration of the period of appeal or, if
AGENCY: Enforcement and Compliance, appealed, pending a final and
International Trade Administration, Results,7 and removed coal as a factor of
conclusive court decision. In the event
Department of Commerce. the Court’s ruling is not appealed or, if
1 See Certain Polyester Staple Fiber from the
SUMMARY: On November 30, 2018, the appealed, upheld by the CAFC,
People’s Republic of China: Final Results of
United States Court of International Antidumping Duty Administrative Review; 2010– Commerce will instruct U.S. Customs
Trade (CIT or the Court) sustained the 2011, 78 FR 2366 (January 11, 2013) (Final Results) and Border Protection to assess
final results of redetermination and accompanying Issues and Decision
Memorandum (IDM).
antidumping duties on unliquidated
pertaining to the antidumping duty (AD) 2 See Zhaoqing Tifo New Fibre Co., Ltd. v. United entries of subject merchandise exported
administrative review of certain States, 60 F. Supp. 3d 1328 (CIT 2015) (Zhaoqing
polyester staple fiber (PSF) from the Tifo I). 8 See Final Results of Redetermination Pursuant
People’s Republic of China (China) for 3 See Final Results of Redetermination Pursuant to Court Remand Zhaoqing Tifo New Fibre Co., Ltd.
the period of review (POR) June 1, 2010, to Zhaoqing Tifo New Fibre Co., Ltd. v. United v. United States, Court No. 13–00044, Slip Op. 17–
States, Court No. 13–00044, Slip Op. 15–31 (April 118 (CIT August 30, 2017), dated November 6, 2017
through May 31, 2011. The Department 9, 2015), dated July 9, 2015 (First Remand (Second Remand Redetermination).
of Commerce (Commerce) is notifying Redetermination).
amozie on DSK3GDR082PROD with NOTICES1
9 See Zhaoqing Tifo New Fibre Co., Ltd. v. United
the public that the final judgment in this 4 See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, Court No. 13–00044, Slip Op. 18–168 (CIT
case is not in harmony with the final States, 256 F. Supp. 3d 1314, 1334 (CIT 2017) November 30, 2018).
results of the AD administrative review (Zhaoqing II). 10 See Timken Co., v United States, 893 F.2d 337
5 Id., 256 F. Supp. 3d at 1337. (Fed. Cir. 1990) (Timken).
of the antidumping duty order on PSF 6 See Viraj Grp, Ltd. v. United States, 343 F.3d 11 See Diamond Sawblades Mfrs. Coalition v.
from China and that Commerce is 1371, 1376 (Fed. Cir. 2003). United States, 626 F.3d 1374 (Fed. Cir. 2010)
amending the final results with respect 7 Final Results, 78 FR at 2368, and accompanying (Diamond Sawblades).
to the AD cash deposit rate assigned to IDM at Comment 2. 12 See Sections 516A(c) and (e) of the Act.
VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1](https://thefederalregister.org/doc/83_FR_64570/page/1.svg)
![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64331
by Zhaoqing Tifo using the assessment Operations, Office I, Enforcement and Central Records Unit, room B8024 of the
rate calculated by Commerce listed Compliance, International Trade main Department of Commerce
above. Administration, U.S. Department of building. In addition, a complete
Commerce, 1401 Constitution Avenue version of the Issues and Decision
Cash Deposit Requirements
NW, Washington, DC 20230; telephone: Memorandum can be accessed directly
Because cash deposit rate for (202) 482–5760 and (202) 482–1293, on the Enforcement and Compliance
Zhaoqing Tifo has been superseded by respectively. website at http://enforcement.trade.gov/
cash deposit rates calculated in SUPPLEMENTARY INFORMATION: frn/index.html.
intervening administrative reviews of
the AD order on PSF from China, we Background Final Determination of No Shipments
will not alter the cash deposit rate for On August 10, 2018, Commerce We preliminarily found that Danyang
Zhaoqing Tifo. published the preliminary results of the Hantronic Import & Export Co., Ltd.,
Notification to Interested Parties administrative review of the Danyang Tsunda Diamond Tools Co.,
antidumping duty order on diamond Ltd., Jiangsu Huachang Tools
This notice is issued and published in sawblades from China covering the Manufacturing Co., Ltd., Shanghai
accordance with sections 516A(e), period of review (POR) November 1, Starcraft Tools Company Limited,
751(a)(1), and 777(i)(1) of the Act. 2016, through October 31, 2017.1 We Weihai Xiangguang Mechanical
Dated: December 10, 2018. received case and rebuttal briefs with Industrial Co., Ltd., and Wuhan
Gary Taverman, respect to the Preliminary Results. The Wanbang Laser Diamond Tools Co.,
Deputy Assistant Secretary for Antidumping deadline for the final results of this Ltd., which have been eligible for
and Countervailing Duty Operations, review is December 10, 2018.2 We separate rates in previous segments of
performing the non-exclusive functions and conducted this administrative review in the proceeding and are subject to this
duties of the Assistant Secretary for accordance with section 751 of the review, did not have any reviewable
Enforcement and Compliance. Tariff Act of 1930, as amended (the Act). entries of subject merchandise during
[FR Doc. 2018–27121 Filed 12–13–18; 8:45 am]
Scope of the Order the POR.4 After the Preliminary Results,
BILLING CODE 3510–DS–P we received no comments or additional
The merchandise subject to the order information with respect to these six
is diamond sawblades. The diamond companies. Therefore, for the final
DEPARTMENT OF COMMERCE sawblades subject to the order are results, we continue to find that these
currently classifiable under subheadings six companies did not have any
International Trade Administration 8202 to 8206 of the Harmonized Tariff reviewable entries of subject
Schedule of the United States (HTSUS) merchandise during the POR. Consistent
[A–570–900] and may also enter under subheading with our practice, we will issue
6804.21.00. The HTSUS subheadings appropriate instructions to U.S.
Diamond Sawblades and Parts Thereof
are provided for convenience and Customs and Border Protection (CBP)
From the People’s Republic of China:
customs purposes. A full description of based on our final results.
Final Results of Antidumping Duty
the scope of the order is contained in
Administrative Review; 2016–2017
the Issues and Decision Memorandum.3 Separate Rates
AGENCY: Enforcement and Compliance, The written description is dispositive.
Commerce preliminarily determined
International Trade Administration, Analysis of Comments Received that 14 respondents are eligible to
Department of Commerce. receive separate rates in this review.5
All issues raised in the case and
SUMMARY: The Department of Commerce We made no changes to these
rebuttal briefs by parties to this
(Commerce) finds that certain determinations for the final results.
administrative review are addressed in
companies covered by this
the Issues and Decision Memorandum. Changes Since the Preliminary Results
administrative review made sales of
A list of the issues raised is attached to
diamond sawblades and parts thereof We made no revisions to the
this notice as an appendix. The Issues
(diamond sawblades) from the People’s and Decision Memorandum is a public Preliminary Results.
Republic of China (China) at less than document and is on file electronically
normal value during the period of Final Results of the Review
via Enforcement and Compliance’s
review (POR) November 1, 2016, Antidumping and Countervailing Duty As a result of this administrative
through October 31, 2017. Centralized Electronic Service System review, we determine that the following
DATES: Applicable December 14, 2018. (ACCESS). ACCESS is available to weighted-average dumping margins
FOR FURTHER INFORMATION CONTACT: registered users at http:// exist for the period November 1, 2016,
Yang Jin Chun or Joshua Poole, AD/CVD access.trade.gov and to all parties in the through October 31, 2017:
Margin
Company (percent)
Chengdu Huifeng New Material Technology Co., Ltd 6 ...................................................................................................................... 82.05
Danyang Weiwang Tools Manufacturing Co., Ltd ............................................................................................................................... 82.05
amozie on DSK3GDR082PROD with NOTICES1
1 See Diamond Sawblades and Parts Thereof from Determination Deadlines Pursuant to the Tariff Act China,’’ (Issues and Decision Memorandum) dated
the People’s Republic of China: Preliminary Results of 1930, as Amended, 70 FR 24533 (May 10, 2005). concurrently with and hereby adopted by this
of Antidumping Duty Administrative Review; 2016– The statutory deadline for the final results of this notice at 2–3.
2017, 83 FR 39673 (August 10, 2018) (Preliminary review is Saturday, December 8, 2018. 4 See Preliminary Results, 83 FR at 39673, n.2,
Results), and accompanying Preliminary Decision 3 See the Memorandum, ‘‘Issues and Decision and accompanying Preliminary Decision
Memorandum. Memorandum for the Administrative Review of the Memorandum at 3.
2 See Notice of Clarification: Application of ‘‘Next Antidumping Duty Order on Diamond Sawblades 5 Id. at 39673, n.6, and accompanying Preliminary
Business Day’’ Rule for Administrative and Parts Thereof from the People’s Republic of Decision Memorandum at 4–8.
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Document Created: 2018-12-14 03:49:25
Document Modified: 2018-12-14 03:49:25
| 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 December 10, 2018. | |
| Contact | Jerry Huang, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4047. | |
| FR Citation | 83 FR 64330 |
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