Aluminum Extrusions 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, 51535-51536 [2015-21047]
Download as PDF
Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices
North America, an operator of FTZ 39,
submitted a notification of proposed
production activity to the Foreign-Trade
Zones (FTZ) Board for its facility in
Dallas, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (80 FR 25278, 5–4–
2015). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
Dated: August 19, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–21050 Filed 8–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–28–2015]
Foreign-Trade Zone 82—Mobile,
Alabama; Authorization of Production
Activity; Outokumpu Stainless USA,
LLC (Stainless Steel Products);
Calvert, Alabama
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–24–2015]
Foreign-Trade Zone (FTZ) 7—
Mayaguez, Puerto Rico; Authorization
of Production Activity; Neolpharma,
Inc.; Subzone 7O; (Pharmaceutical
Products) Caguas, Puerto Rico
On April 20, 2015, the Puerto Rico
Industrial Development Company,
grantee of FTZ 7, submitted a
notification of proposed production
activity to the Foreign-Trade Zones
(FTZ) Board on behalf of Neolpharma,
Inc., located within Subzone 7O, in
Caguas, Puerto Rico.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (84 FR 24895–24896,
05–01–2015). The FTZ Board has
determined that no further review of the
activity is warranted at this time. The
production activity described in the
notification is authorized, subject to the
FTZ Act and the Board’s regulations,
including Section 400.14.
Dated: August 18, 2015.
Andrew McGilvray,
Executive Secretary.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Dated: August 19, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–21049 Filed 8–24–15; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:10 Aug 24, 2015
Jkt 235001
[FR Doc. 2015–21051 Filed 8–24–15; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967; C–570–968]
Aluminum Extrusions 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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 22, 2015, the United
States Court of International Trade (CIT
or Court) sustained the Department of
Commerce’s (Department’s) final results
of redetermination,1 in which the
Department determined that certain
Quick-Connect frames and QuickConnect handles imported by
AGENCY:
1 See Rubbermaid Commercial Products LLC v.
United States, Court No. 11–00463, Slip Op. 15–79
(CIT July 22, 2015) (Rubbermaid II), which
sustained the Final Results of Redetermination
Pursuant to Court Remand, Rubbermaid
Commercial Products LLC v. United States, Court
No. 11–00463 (CIT September 23, 2014) (Remand
Results).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Rubbermaid Commercial Products LLC
(Rubbermaid) meet the description of
excluded finished merchandise, and
that certain mopping kits imported by
Rubbermaid meet the description of
excluded finished goods kits, and are
therefore not covered by the scope of the
Orders,2 pursuant to the CIT’s remand
order in Rubbermaid Commercial
Products LLC v. United States, Court
No. 11–00463, Slip Op. 14–113 (CIT
September 23, 2014) (Rubbermaid I).
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (CAFC) in Timken,3 as
clarified by Diamond Sawblades,4 the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s Final
Scope Ruling on Cleaning System
Components and is therefore amending
its final scope ruling.5
DATES:
Effective date: August 1, 2015.
Eric
B. Greynolds, AD/CVD Operations,
Office III, Enforcement and Compliance,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–6071.
FOR FURTHER INFORMATION CONTACT:
On July 7,
2011, Rubbermaid submitted its scope
request involving 13 product models,
which fall into three categories of floor
cleaning products: Quick-Connect
frames, Quick-Connect handles, and
mopping kits.6 The Department issued
the Final Scope Ruling on Cleaning
System Components on October 25,
2011, in which it determined that the
Quick-Connect frames and QuickConnect handles at issue do no not meet
the exclusion criteria for finished
merchandise and, thus, are covered by
the scope of the Orders because they are
designed to function collaboratively in
order to form a completed cleaning
device, but the components to make a
final cleaning device are not part of a
packaged combination at the time of
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–DS–P
On April 21, 2015, the City of Mobile,
grantee of FTZ 82, submitted a
notification of proposed production
activity to the Foreign-Trade Zones
(FTZ) Board on behalf of Outokumpu
Stainless USA, LLC, within Subzone
82I, in Calvert, Alabama.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (80 FR 26537–26538,
5–8–2015). The FTZ Board has
determined that no further review of the
activity is warranted at this time. The
production activity described in the
notification is authorized, subject to the
FTZ Act and the Board’s regulations,
including Section 400.14, and further
subject to a condition that all foreign
status ferrosilicon, molybdenum and
titanium classified under HTSUS
Subheadings 7202.21, 8102.94, 8108.20
and 8108.90 be admitted to the subzone
in privileged foreign status (19 CFR
146.41).
51535
2 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) and Aluminum Extrusions
from the People’s Republic of China: Countervailing
Duty Order, 76 FR 30653 (May 26, 2011) (Orders).
3 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
4 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Final Scope
Ruling on Certain Cleaning System Components,’’
(October 25, 2011) (Final Scope Ruling on Cleaning
System Components).
6 See Rubbermaid’s July 7, 2011, Scope Request
(Scope Request).
E:\FR\FM\25AUN1.SGM
25AUN1
51536
Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
importation.7 The Department further
determined that the mopping kits at
issue do not meet the exclusion criteria
for finished goods kits and, thus, are
covered by the scope of the Orders
because they lack the disposable mop
ends at the time of importation.8
In Rubbermaid I the Court held that
the Department failed to adequately
explain its reasoning in the final scope
ruling that the Quick-Connect frames
and Quick-Connect handles at issue did
not meet the finished merchandise
exclusion because they were ‘‘designed
to function collaboratively’’ with other
components to form a completed
cleaning device.9 Thus, on remand, the
Court ordered the Department to
reconsider its analysis of the finished
merchandise exclusion and its
application to products designed to
work in conjunction with other goods,10
and to further consider Rubbermaid’s
argument distinguishing ‘‘finished
goods’’ (to be excluded) from
‘‘intermediate goods’’ (to be included).11
In addition, the Court ordered the
Department to reconsider its alleged
distinction between merchandise that is
designed to be adaptable,
interchangeable and flexible, and
merchandise that is permanently
assembled, in light of any appropriate
scope rulings.12 The Court also held that
if the Department continues to find that
the Quick-Connect handles and QuickConnect frames do not constitute
‘‘finished merchandise’’, then the
Department must affirmatively define
that term, taking into account
Rubbermaid’s proposed definition.13
Lastly, concerning the mopping kits at
issue, the Court ordered the Department
to reconsider its interpretation of the
finished goods kit exclusion, taking into
account applicable scope rulings that
discuss the adaptable, interchangeable
nature of products for purposes of this
exclusion.14
In the Remand Results, the
Department clarified its interpretation of
the exclusion criteria for ‘‘finished
merchandise’’ and ‘‘finished goods
kits.’’ 15 The Department first found that,
pursuant to its interpretation of the
7 See Final Scope Ruling on Cleaning System
Components at 9.
8 Id.
9 See Rubbermaid I, Slip Op. 14–113 at 17–20.
10 Id. at 20.
11 Id. at 20–23.
12 Id. at 23–27.
13 Id. at 28–29.
14 Id. at 30–33, referencing Banner Stands Scope
Ruling and the Memorandum to Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Final Scope
Ruling on EZ Fabric Wall Systems,’’ (November 9,
2011) (EZ Fabric Wall Systems Scope Ruling).
15 See Remand Results 11–12, 14–17.
VerDate Sep<11>2014
17:10 Aug 24, 2015
Jkt 235001
finished merchandise exclusion, the
quick-connect frames and quick-connect
handles were excluded from the Orders
because (1) they are comprised of
extruded aluminum and non-extruded
aluminum components (thus satisfying
the ‘‘aluminum extrusions as parts . . .’’
definition of the exclusion), and (2) they
are ‘‘fully and permanently assembled
and completed at the time of entry,’’
regardless of whether they are later
incorporated with other components, or
assembled into a larger downstream
product (i.e., a subassembly).16
With respect to the mopping kits, the
Department found that these products
met the exclusion for finished goods kits
because (1) they were comprised of
aluminum extrusions plus an additional
non-extruded aluminum component
which went beyond mere fasteners, and
(2) in light of the certain other scope
rulings,17 the interchangeable
disposable mop end was not necessary
to meet the exclusion for a finished
goods kit.18 On July 22, 2015, the CIT
sustained the Department’s Remand
Results.19
Timken Notice
In its decision in Timken 20 as
clarified by Diamond Sawblades, the
CAFC has held that, pursuant to
sections 516A(c) and (e) of the Tariff Act
of 1930, as amended (the Act), the
Department must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Department determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s July 22, 2015, judgment in
Rubbermaid II sustaining the
Department’s decision in the Remand
Results to find that the Quick-Connect
frames, Quick-Connect handles, and
mopping kits at issue to be excluded
from the scope of the Orders, constitutes
a final decision of that court that is not
in harmony with the Department’s Final
Scope Ruling on Cleaning System
Components. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the QuickConnect frames, Quick-Connect
handles, and mopping kits at issue
pending expiration of the period of
appeal or, if appealed, pending a final
and conclusive court decision.
16 Id.
at 11–12, 14–17.
Banner Stands Scope Ruling; see also EZ
Wall Systems Scope Ruling.
18 Id.
19 See Rubbermaid II, Slip Op. 15–79 at 15.
20 See Timken, 893 F.2d at 341.
17 See
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Amended Final Determination
Because there is now a final court
decision with respect to the Final Scope
Ruling on Cleaning System
Components, the Department amends its
final scope ruling. The Department finds
that the scope of the Orders does not
cover the 13 product models of QuickConnect frames, Quick-Connect
handles, and mopping kits addressed in
the underlying Scope Request filed by
Rubbermaid. The Department will
instruct U.S. Customs and Border
Protection (CBP) that the cash deposit
rate will be zero percent for
Rubbermaid’s Quick-Connect frames,
Quick-Connect handles, and mopping
kits. In the event that the CIT’s ruling is
not appealed, or if appealed, upheld by
the CAFC, the Department will instruct
CBP to liquidate entries of Rubbermaid’s
Quick-Connect frames, Quick-Connect
handles, and mopping kits without
regard to antidumping and/or
countervailing duties, and to lift
suspension of liquidation of such
entries.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: August 19, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–21047 Filed 8–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–955]
Certain Magnesia Carbon Bricks From
the People’s Republic of China: Notice
of Rescission of Countervailing Duty
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review of the
countervailing duty (CVD) order on
certain magnesia carbon bricks (MCBs)
from the People’s Republic of China
(PRC) for the period January 1, 2013,
through December 31, 2013 (POR).
DATES: Effective date: August 25, 2015.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3586.
AGENCY:
E:\FR\FM\25AUN1.SGM
25AUN1
Agencies
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51535-51536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21047]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967; C-570-968]
Aluminum Extrusions 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: On July 22, 2015, the United States Court of International
Trade (CIT or Court) sustained the Department of Commerce's
(Department's) final results of redetermination,\1\ in which the
Department determined that certain Quick-Connect frames and Quick-
Connect handles imported by Rubbermaid Commercial Products LLC
(Rubbermaid) meet the description of excluded finished merchandise, and
that certain mopping kits imported by Rubbermaid meet the description
of excluded finished goods kits, and are therefore not covered by the
scope of the Orders,\2\ pursuant to the CIT's remand order in
Rubbermaid Commercial Products LLC v. United States, Court No. 11-
00463, Slip Op. 14-113 (CIT September 23, 2014) (Rubbermaid I).
---------------------------------------------------------------------------
\1\ See Rubbermaid Commercial Products LLC v. United States,
Court No. 11-00463, Slip Op. 15-79 (CIT July 22, 2015) (Rubbermaid
II), which sustained the Final Results of Redetermination Pursuant
to Court Remand, Rubbermaid Commercial Products LLC v. United
States, Court No. 11-00463 (CIT September 23, 2014) (Remand
Results).
\2\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) and Aluminum
Extrusions from the People's Republic of China: Countervailing Duty
Order, 76 FR 30653 (May 26, 2011) (Orders).
---------------------------------------------------------------------------
Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (CAFC) in Timken,\3\ as clarified by Diamond
Sawblades,\4\ the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's Final
Scope Ruling on Cleaning System Components and is therefore amending
its final scope ruling.\5\
---------------------------------------------------------------------------
\3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\4\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Final Scope Ruling on Certain Cleaning System Components,''
(October 25, 2011) (Final Scope Ruling on Cleaning System
Components).
---------------------------------------------------------------------------
DATES: Effective date: August 1, 2015.
FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, AD/CVD Operations,
Office III, Enforcement and Compliance, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone: 202-482-6071.
SUPPLEMENTARY INFORMATION: On July 7, 2011, Rubbermaid submitted its
scope request involving 13 product models, which fall into three
categories of floor cleaning products: Quick-Connect frames, Quick-
Connect handles, and mopping kits.\6\ The Department issued the Final
Scope Ruling on Cleaning System Components on October 25, 2011, in
which it determined that the Quick-Connect frames and Quick-Connect
handles at issue do no not meet the exclusion criteria for finished
merchandise and, thus, are covered by the scope of the Orders because
they are designed to function collaboratively in order to form a
completed cleaning device, but the components to make a final cleaning
device are not part of a packaged combination at the time of
[[Page 51536]]
importation.\7\ The Department further determined that the mopping kits
at issue do not meet the exclusion criteria for finished goods kits
and, thus, are covered by the scope of the Orders because they lack the
disposable mop ends at the time of importation.\8\
---------------------------------------------------------------------------
\6\ See Rubbermaid's July 7, 2011, Scope Request (Scope
Request).
\7\ See Final Scope Ruling on Cleaning System Components at 9.
\8\ Id.
---------------------------------------------------------------------------
In Rubbermaid I the Court held that the Department failed to
adequately explain its reasoning in the final scope ruling that the
Quick-Connect frames and Quick-Connect handles at issue did not meet
the finished merchandise exclusion because they were ``designed to
function collaboratively'' with other components to form a completed
cleaning device.\9\ Thus, on remand, the Court ordered the Department
to reconsider its analysis of the finished merchandise exclusion and
its application to products designed to work in conjunction with other
goods,\10\ and to further consider Rubbermaid's argument distinguishing
``finished goods'' (to be excluded) from ``intermediate goods'' (to be
included).\11\ In addition, the Court ordered the Department to
reconsider its alleged distinction between merchandise that is designed
to be adaptable, interchangeable and flexible, and merchandise that is
permanently assembled, in light of any appropriate scope rulings.\12\
The Court also held that if the Department continues to find that the
Quick-Connect handles and Quick-Connect frames do not constitute
``finished merchandise'', then the Department must affirmatively define
that term, taking into account Rubbermaid's proposed definition.\13\
Lastly, concerning the mopping kits at issue, the Court ordered the
Department to reconsider its interpretation of the finished goods kit
exclusion, taking into account applicable scope rulings that discuss
the adaptable, interchangeable nature of products for purposes of this
exclusion.\14\
---------------------------------------------------------------------------
\9\ See Rubbermaid I, Slip Op. 14-113 at 17-20.
\10\ Id. at 20.
\11\ Id. at 20-23.
\12\ Id. at 23-27.
\13\ Id. at 28-29.
\14\ Id. at 30-33, referencing Banner Stands Scope Ruling and
the Memorandum to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Final Scope Ruling
on EZ Fabric Wall Systems,'' (November 9, 2011) (EZ Fabric Wall
Systems Scope Ruling).
---------------------------------------------------------------------------
In the Remand Results, the Department clarified its interpretation
of the exclusion criteria for ``finished merchandise'' and ``finished
goods kits.'' \15\ The Department first found that, pursuant to its
interpretation of the finished merchandise exclusion, the quick-connect
frames and quick-connect handles were excluded from the Orders because
(1) they are comprised of extruded aluminum and non-extruded aluminum
components (thus satisfying the ``aluminum extrusions as parts . . .''
definition of the exclusion), and (2) they are ``fully and permanently
assembled and completed at the time of entry,'' regardless of whether
they are later incorporated with other components, or assembled into a
larger downstream product (i.e., a subassembly).\16\
---------------------------------------------------------------------------
\15\ See Remand Results 11-12, 14-17.
\16\ Id. at 11-12, 14-17.
---------------------------------------------------------------------------
With respect to the mopping kits, the Department found that these
products met the exclusion for finished goods kits because (1) they
were comprised of aluminum extrusions plus an additional non-extruded
aluminum component which went beyond mere fasteners, and (2) in light
of the certain other scope rulings,\17\ the interchangeable disposable
mop end was not necessary to meet the exclusion for a finished goods
kit.\18\ On July 22, 2015, the CIT sustained the Department's Remand
Results.\19\
---------------------------------------------------------------------------
\17\ See Banner Stands Scope Ruling; see also EZ Wall Systems
Scope Ruling.
\18\ Id.
\19\ See Rubbermaid II, Slip Op. 15-79 at 15.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken \20\ as clarified by Diamond Sawblades,
the CAFC has held that, pursuant to sections 516A(c) and (e) of the
Tariff Act of 1930, as amended (the Act), the Department must publish a
notice of a court decision that is not ``in harmony'' with a Department
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The CIT's July 22, 2015, judgment in
Rubbermaid II sustaining the Department's decision in the Remand
Results to find that the Quick-Connect frames, Quick-Connect handles,
and mopping kits at issue to be excluded from the scope of the Orders,
constitutes a final decision of that court that is not in harmony with
the Department's Final Scope Ruling on Cleaning System Components. This
notice is published in fulfillment of the publication requirements of
Timken. Accordingly, the Department will continue the suspension of
liquidation of the Quick-Connect frames, Quick-Connect handles, and
mopping kits at issue pending expiration of the period of appeal or, if
appealed, pending a final and conclusive court decision.
---------------------------------------------------------------------------
\20\ See Timken, 893 F.2d at 341.
---------------------------------------------------------------------------
Amended Final Determination
Because there is now a final court decision with respect to the
Final Scope Ruling on Cleaning System Components, the Department amends
its final scope ruling. The Department finds that the scope of the
Orders does not cover the 13 product models of Quick-Connect frames,
Quick-Connect handles, and mopping kits addressed in the underlying
Scope Request filed by Rubbermaid. The Department will instruct U.S.
Customs and Border Protection (CBP) that the cash deposit rate will be
zero percent for Rubbermaid's Quick-Connect frames, Quick-Connect
handles, and mopping kits. In the event that the CIT's ruling is not
appealed, or if appealed, upheld by the CAFC, the Department will
instruct CBP to liquidate entries of Rubbermaid's Quick-Connect frames,
Quick-Connect handles, and mopping kits without regard to antidumping
and/or countervailing duties, and to lift suspension of liquidation of
such entries.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: August 19, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-21047 Filed 8-24-15; 8:45 am]
BILLING CODE 3510-DS-P