Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision, 7810-7811 [2011-3117]

Download as PDF 7810 Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices Dated: February 7, 2011. Sandra E. Marquis, Forest Administrative Officer. DEPARTMENT OF AGRICULTURE Forest Service [FR Doc. 2011–3074 Filed 2–10–11; 8:45 am] Big Horn County Resource Advisory Committee BILLING CODE 3410–11–P Forest Service, USDA. ACTION: Notice of meeting. AGENCY: jlentini on DSKJ8SOYB1PROD with NOTICES DEPARTMENT OF AGRICULTURE The Big Horn County Resource Advisory Committee will meet in Lovell, Wyoming. The committee is meeting as authorized under the Secure Rural Schools and Community SelfDetermination Act (Pub. L. 110–343) and in compliance with the Federal Advisory Committee Act. The purpose is to hold the third meeting and to vote on project proposals. DATES: The meeting will be held on March 3, 2011, and will begin at 10 a.m. ADDRESSES: The meeting will be held at the Big Horn Federal Savings Bank, 8 East Main Street, Lovell, Wyoming. Written comments about this meeting should be sent to Laurie Walters-Clark, Bighorn National Forest, 2013 Eastside 2nd Street, Sheridan, Wyoming 82801. Comments may also be sent via e-mail to comments-bighorn@fs.fed.us, with the words Big Horn County RAC in the subject line. Facsimilies may be sent to 307–674–2668. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Bighorn National Forest, 2013 Eastside 2nd Street, Sheridan, Wyoming 82801. Visitors are encouraged to call ahead to 307–674–2600 to facilitate entry into the building. FOR FURTHER INFORMATION CONTACT: Laurie Walters-Clark, RAC Coordinator, USDA, Bighorn National Forest, 2013 Eastside 2nd Street, Sheridan, Wyoming 82801; (307) 674–2627. Individuals who use telecommunication devices for the hearing impaired may call 1–307–674– 2604 between 8 a.m. and 5 p.m., Mountain time, Monday through Friday. SUPPLEMENTARY INFORMATION: The meeting is open to the public. The following business will be conducted: (1) Introductions of all committee members and Forest Service personnel, (2) Finalization and approval of Project Evaluation Criteria, (3) Project reviews, and (5) Public Comment; and (6) Project voting for recommendation. Persons who wish to bring related matters to the attention of the Committee may file written statements with the Committee staff before or after the meeting. SUMMARY: VerDate Mar<15>2010 18:55 Feb 10, 2011 Jkt 223001 Natural Resources Conservation Service Notice of Proposed Change to Section I of the South Dakota and North Dakota State Technical Guides Natural Resources Conservation Service (NRCS), United States Department of Agriculture. ACTION: Notice of Availability of proposed changes in the South Dakota and North Dakota NRCS State Technical Guides for review and comment. AGENCY: The NRCS State Conservationists for South Dakota and North Dakota have determined that changes must be made to the NRCS State Technical Guides concerning State wetland mapping conventions. The two States are proposing to issue joint State wetland mapping conventions. The joint State wetland mapping conventions will be used as part of the technical documents to conduct wetland determinations on agriculture land as part of the National Food Security Act of 1985, as amended. DATES: Comments will be received for a 30-day period commencing with the date of this publication. FOR FURTHER INFORMATION CONTACT: For South Dakota, inquire in writing to Janet L. Oertly, State Conservationist, NRCS, Federal Building, 200 Fourth Street, SW., Room 203, Huron, South Dakota 57350; Telephone number (605) 352– 1200; Fax number (605) 352–1288. Copies of the joint State wetland mapping conventions will be made available upon written request to the address shown above or on the South Dakota NRCS Web site: https:// www.sd.nrcs.usda.gov/ Public_Notices.html. For North Dakota, inquire in writing to Paul J. Sweeney, State Conservationist, NRCS, 220 East Rosser Avenue, Federal Building, Room 270, Bismarck, North Dakota 58501; Telephone number (701) 530–2000; Fax number (701) 530–2109. Copies of the joint State wetland mapping conventions will be made available upon written request to the address shown above or on the North Dakota NRCS Web site: https:// www.nd.nrcs.usda.gov/ Public_notices.html. SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Section 343 of the Federal Agriculture Improvement and Reform Act of 1996 states that revisions made after enactment of the law to NRCS State Technical Guides used to carry out highly erodible land and wetland provisions of the law shall be made available for public review and comment. For the next 30 days, the NRCS in South Dakota and North Dakota will receive comments relative to the proposed changes. Following that period, a determination will be made by the NRCS in South Dakota and North Dakota regarding disposition of those comments and a final determination of change will be made to the State wetland mapping conventions. SUPPLEMENTARY INFORMATION: Dated: February 4, 2011. Janet L. Oertly, State Conservationist, Natural Resources Conservation Service, Huron, South Dakota. Paul J. Sweeney, State Conservationist, Natural Resources Conservation Service, Bismarck, North Dakota. [FR Doc. 2011–3114 Filed 2–10–11; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–821] Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 25, 2011, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (‘‘the Department’s’’) results of redetermination pursuant to the CIT’s remand in Essar Steel Limited v. United States, 721 F. Supp. 2d 1285 (CIT 2010) (‘‘Essar I’’). See Essar Steel Limited v. United States, Slip Op. 11–10, Court No. 09–197 (January 25, 2011) (‘‘Essar II’’); see also Final Results of Redetermination Pursuant to Court Remand, dated October 28, 2010 (‘‘Remand Redetermination’’) (found at https://ia.ita.doc.gov/remands). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’) as clarified by Diamond Sawblades Mfrs. Coalition v. AGENCY: E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices United States, 626 F.3d 1374 (CAFC 2010) (‘‘Diamond Sawblades’’), the Department is notifying the public that the final CIT judgment in this case is not in harmony with the Department’s final determination and is amending the final results of the administrative review of the countervailing duty order on certain hot-rolled carbon steel flat products (‘‘HRCS’’) from India covering the January 1, 2007, through December 31, 2007, period of review (‘‘POR’’). See Certain Hot-Rolled Carbon Steel Flat Products from India: Final Results and Partial Rescission of Countervailing Duty Administrative Review, 74 FR 20923 (May 6, 2009) (‘‘Final Results’’), and accompanying Issues and Decision Memorandum (‘‘I&D Memorandum’’). DATES: Effective Date: February 4, 2011. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, Office 3, Import Administration— International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–3338. SUPPLEMENTARY INFORMATION: jlentini on DSKJ8SOYB1PROD with NOTICES Background On May 6, 2009, the Department published its final results in the countervailing duty administrative review of HRCS from India covering the POR of January 1, 2007, through December 31, 2007 (‘‘fifth POR’’ or ‘‘fifth administrative review’’).1 See Final Results. In the Final Results, the Department applied adverse facts available (‘‘AFA’’) pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (‘‘the Act’’), in finding that Essar used and benefited from the nine subprograms under the State Government of Chhattisgarh Industrial Policy (‘‘CIP’’). See Final Results, and accompanying I&D Memorandum at ‘‘SGOC’s Industrial Policy’’ section, ‘‘SGOC Industrial Policy 2004–2009’’ section, and Comment 2. In Essar I, the CIT remanded this issue, explaining that the Department’s conclusions in its July 2010 remand redetermination regarding the fourth administrative review of the countervailing duty order on HRCS from India (‘‘fourth POR’’ or ‘‘fourth administrative review’’), which found that Essar did not benefit from the CIP, cast ‘‘grave doubt’’ upon the 1 The administrative review covering the 2007 period is the fifth administrative review of the countervailing duty order on HRCS from India. The administrative review covering the 2006 period is the ‘‘fourth’’ administrative review. See Final Results and the accompanying I&D Memorandum at ‘‘Sale of High-Grade Iron Ore for LTAR’’ section (referring to the 2006 administrative review as the fourth administrative review). VerDate Mar<15>2010 18:55 Feb 10, 2011 Jkt 223001 Department’s findings that Essar benefited from the CIP during the fifth POR. See Essar I at 1300; see also Final Results of Redetermination Pursuant to Court Remand, in United States Steel Corp. v. United States, CIT No., 08–239 (Department of Commerce July 15, 2010) (‘‘Fourth Administrative Review Redetermination’’) at 5–6, 22–23. Thus, the CIT ordered the Department to reopen and place on the administrative record of the fifth administrative review certain documents from the fourth administrative review remand proceeding, and to consider those documents in its reassessment of whether Essar benefited from the CIP. On October 28, 2010, the Department issued its final results of redetermination pursuant to Essar I. The remand redetermination explained that, in accordance with the CIT’s order, and under respectful protest, the Department placed certain documents from the fourth administrative review remand proceeding on the record of the fifth administrative review. In light of certain statements by the CIT in Essar I and those documents that the CIT ordered the Department to place on the administrative record, the Department reassessed whether Essar benefited from the CIP during the fifth POR and determined that Essar did not benefit from the CIP during the fifth POR. See Remand Redetermination at 26. The Department’s redetermination resulted in a change to the Final Results concerning Essar’s net subsidy rate for the CIP from 54.69 percent to zero. Therefore, Essar’s total net countervailable rate from the Final Results, 76.88 percent, decreased by 54.69 percentage points, to a total net countervailable subsidy rate of 22.19 percent. The CIT sustained the Department’s remand redetermination on January 25, 2011. See Essar II. Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(c) of 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 judgment in Essar I on January 25, 2011, sustaining the Department’s decision in the Remand Redetermination that Essar did not benefit from the CIP during the fifth POR constitutes a final decision of that court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 7811 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. Amended Final Results Because there is now a final court decision, the total net countervailable subsidy rate for Essar for the period January 1, 2007, through December 31, 2007, is 22.19 percent. The cash deposit rate for Essar is also 22.19 percent. The Department will instruct U.S. Customs and Border Protection to collect cash deposits for Essar at the rate indicated. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess countervailing duties on entries of the subject merchandise during the POR from Essar based on the revised assessment rates calculated by the Department. This notice is issued and published in accordance with sections 516A(c), 751(a), and 777(i)(1) of the Act. Dated: February 7, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–3117 Filed 2–10–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 19, 2011, the Department of Commerce (‘‘Department’’) published the final results of the antidumping duty administrative review of silicon metal from the People’s Republic of China (‘‘PRC’’). See Silicon Metal From the People’s Republic of China: Final Results and Partial Rescission of the 2008–2009 Administrative Review of the Antidumping Duty Order, 76 FR 3084 (January 19, 2011) (‘‘Final Results’’). The period of review is June 1, 2008, through May 31, 2009. We are amending our Final Results to correct ministerial errors made in the calculation of the antidumping duty margin for Shanghai Jinneng International Trade Co., Ltd. (‘‘Shanghai Jinneng’’) pursuant to section AGENCY: E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7810-7811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3117]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821]


Certain Hot-Rolled Carbon Steel Flat Products From India: Notice 
of Court Decision Not in Harmony With Final Results of Administrative 
Review and Notice of Amended Final Results of Administrative Review 
Pursuant to Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 25, 2011, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (``the 
Department's'') results of redetermination pursuant to the CIT's remand 
in Essar Steel Limited v. United States, 721 F. Supp. 2d 1285 (CIT 
2010) (``Essar I''). See Essar Steel Limited v. United States, Slip Op. 
11-10, Court No. 09-197 (January 25, 2011) (``Essar II''); see also 
Final Results of Redetermination Pursuant to Court Remand, dated 
October 28, 2010 (``Remand Redetermination'') (found at https://ia.ita.doc.gov/remands). Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (``CAFC'') in Timken 
Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken'') as 
clarified by Diamond Sawblades Mfrs. Coalition v.

[[Page 7811]]

United States, 626 F.3d 1374 (CAFC 2010) (``Diamond Sawblades''), the 
Department is notifying the public that the final CIT judgment in this 
case is not in harmony with the Department's final determination and is 
amending the final results of the administrative review of the 
countervailing duty order on certain hot-rolled carbon steel flat 
products (``HRCS'') from India covering the January 1, 2007, through 
December 31, 2007, period of review (``POR''). See Certain Hot-Rolled 
Carbon Steel Flat Products from India: Final Results and Partial 
Rescission of Countervailing Duty Administrative Review, 74 FR 20923 
(May 6, 2009) (``Final Results''), and accompanying Issues and Decision 
Memorandum (``I&D Memorandum'').

DATES: Effective Date: February 4, 2011.

FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, 
Office 3, Import Administration--International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-3338.

SUPPLEMENTARY INFORMATION: 

Background

    On May 6, 2009, the Department published its final results in the 
countervailing duty administrative review of HRCS from India covering 
the POR of January 1, 2007, through December 31, 2007 (``fifth POR'' or 
``fifth administrative review'').\1\ See Final Results. In the Final 
Results, the Department applied adverse facts available (``AFA'') 
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (``the Act''), in finding that Essar used and benefited from 
the nine subprograms under the State Government of Chhattisgarh 
Industrial Policy (``CIP''). See Final Results, and accompanying I&D 
Memorandum at ``SGOC's Industrial Policy'' section, ``SGOC Industrial 
Policy 2004-2009'' section, and Comment 2. In Essar I, the CIT remanded 
this issue, explaining that the Department's conclusions in its July 
2010 remand redetermination regarding the fourth administrative review 
of the countervailing duty order on HRCS from India (``fourth POR'' or 
``fourth administrative review''), which found that Essar did not 
benefit from the CIP, cast ``grave doubt'' upon the Department's 
findings that Essar benefited from the CIP during the fifth POR. See 
Essar I at 1300; see also Final Results of Redetermination Pursuant to 
Court Remand, in United States Steel Corp. v. United States, CIT No., 
08-239 (Department of Commerce July 15, 2010) (``Fourth Administrative 
Review Redetermination'') at 5-6, 22-23. Thus, the CIT ordered the 
Department to reopen and place on the administrative record of the 
fifth administrative review certain documents from the fourth 
administrative review remand proceeding, and to consider those 
documents in its reassessment of whether Essar benefited from the CIP.
---------------------------------------------------------------------------

    \1\ The administrative review covering the 2007 period is the 
fifth administrative review of the countervailing duty order on HRCS 
from India. The administrative review covering the 2006 period is 
the ``fourth'' administrative review. See Final Results and the 
accompanying I&D Memorandum at ``Sale of High-Grade Iron Ore for 
LTAR'' section (referring to the 2006 administrative review as the 
fourth administrative review).
---------------------------------------------------------------------------

    On October 28, 2010, the Department issued its final results of 
redetermination pursuant to Essar I. The remand redetermination 
explained that, in accordance with the CIT's order, and under 
respectful protest, the Department placed certain documents from the 
fourth administrative review remand proceeding on the record of the 
fifth administrative review. In light of certain statements by the CIT 
in Essar I and those documents that the CIT ordered the Department to 
place on the administrative record, the Department reassessed whether 
Essar benefited from the CIP during the fifth POR and determined that 
Essar did not benefit from the CIP during the fifth POR. See Remand 
Redetermination at 26. The Department's redetermination resulted in a 
change to the Final Results concerning Essar's net subsidy rate for the 
CIP from 54.69 percent to zero. Therefore, Essar's total net 
countervailable rate from the Final Results, 76.88 percent, decreased 
by 54.69 percentage points, to a total net countervailable subsidy rate 
of 22.19 percent. The CIT sustained the Department's remand 
redetermination on January 25, 2011. See Essar II.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(c) of 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 judgment in Essar I on January 25, 2011, sustaining the 
Department's decision in the Remand Redetermination that Essar did not 
benefit from the CIP during the fifth POR constitutes a final decision 
of that court that is not in harmony with the Department's Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken. Accordingly, the Department 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.

Amended Final Results

    Because there is now a final court decision, the total net 
countervailable subsidy rate for Essar for the period January 1, 2007, 
through December 31, 2007, is 22.19 percent. The cash deposit rate for 
Essar is also 22.19 percent. The Department will instruct U.S. Customs 
and Border Protection to collect cash deposits for Essar at the rate 
indicated.
    In the event the CIT's ruling is not appealed or, if appealed, 
upheld by the CAFC, the Department will instruct U.S. Customs and 
Border Protection to assess countervailing duties on entries of the 
subject merchandise during the POR from Essar based on the revised 
assessment rates calculated by the Department.
    This notice is issued and published in accordance with sections 
516A(c), 751(a), and 777(i)(1) of the Act.

    Dated: February 7, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-3117 Filed 2-10-11; 8:45 am]
BILLING CODE 3510-DS-P
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