Fresh Garlic from the People's Republic of China: Court Decision Not in Harmony With Final Results and Amended Final Results of Review, 13983-13984 [2011-5918]
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Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices
injury determination in the Federal
Register.
srobinson on DSKHWCL6B1PROD with NOTICES
On March 9, 2011, in accordance with
section 735(d) of the Act, the ITC
notified the Department of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
less-than-fair-value imports of PVA from
Taiwan.
In accordance with section 736(a)(1)
of the Act, the Department will direct
CBP to assess, upon further instruction
by the Department, antidumping duties
equal to the amount by which the
normal value of the merchandise
exceeds U.S. price of the merchandise
for all relevant entries of PVA from
Taiwan. These antidumping duties will
be assessed on all unliquidated entries
of PVA from Taiwan entered, or
withdrawn from warehouse, for
consumption on or after September 13,
2010, the date on which the Department
published its notice of preliminary
determination in the Federal Register,
excluding those entries entered, or
withdrawn from warehouse, for
consumption between March 13, 2011
(the day following the end of the
provisional-measures period), and the
day preceding the publication date of
the ITC’s final injury determination in
the Federal Register. See Preliminary
Results, 75 FR at 55552.
Effective on the date of publication of
the ITC’s notice of final determination
in the Federal Register, CBP will
require, pursuant to section 736(a)(3) of
the Act and at the same time as
importers would normally deposit
estimated duties on subject
merchandise, a cash deposit equal to the
estimated weighted-average
antidumping margins listed below.
Upon further instruction by the
Department and in accordance with
section 736(a)(1) of the Act, the
Department will instruct CBP to assess
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds U.S. price of the
merchandise for all relevant entries of
PVA from Taiwan. These antidumping
duties will be assessed on all
unliquidated entries of PVA entered
from Taiwan, or withdrawn from
warehouse, for consumption on or after
the date of publication of the ITC’s
notice of final determination in the
Federal Register.
VerDate Mar<15>2010
16:50 Mar 14, 2011
Jkt 223001
(‘‘Timken’’), as clarified by Diamond
Sawblades Mfrs. Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010)
(‘‘Diamond Sawblades’’), the Department
Chang Chun Petrochemical
is notifying the public that the final
Co., Ltd .................................
3.08
All Others ..................................
3.08 judgment in this case is not in harmony
with the Department’s final results and
is amending the final results of the
This notice constitutes the
administrative review of the
antidumping duty order with respect to
antidumping duty order on fresh garlic
PVA from Taiwan pursuant to section
736(a) of the Act. Interested parties may from the People’s Republic of China
(‘‘PRC’’) covering the period of review
contact the Central Records Unit of the
(‘‘POR’’) of November 1, 2006, through
main Department of Commerce
October 31, 2007 with respect to
building, Room 7046, for copies of an
updated list of antidumping duty orders Greening. See Fresh Garlic From the
People’s Republic of China: Final
currently in effect.
This order is published in accordance Results and Partial Rescission of the
13th Antidumping Duty Administrative
with section 736(a) of the Act and 19
Review and New Shipper Reviews, 74
CFR 351.211(b).
FR 29174 (June 19, 2009) (‘‘Final
Dated: March 9, 2011.
Results’’), and accompanying Issues and
Ronald K. Lorentzen,
Decision Memorandum at Comment 11.
Deputy Assistant Secretary for Import
DATES: Effective Date: March 11, 2011.
Administration.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2011–6004 Filed 3–14–11; 8:45 am]
Scott Lindsay or David Lindgren, AD/
BILLING CODE 3510–DS–P
CVD Operations, Office 6, Import
Administration—International Trade
Administration, U.S. Department of
DEPARTMENT OF COMMERCE
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC, 20230;
International Trade Administration
telephone (202) 482–0780 or (202) 482–
[A–570–831]
3870.
SUPPLEMENTARY INFORMATION:
Fresh Garlic from the People’s
Republic of China: Court Decision Not
Background
in Harmony With Final Results and
On June 19, 2009, the Department
Amended Final Results of Review
issued its Final Results, where it
AGENCY: Import Administration,
determined that neither Shandong
International Trade Administration,
Chenhe International Trading Co., Ltd.
Department of Commerce.
(‘‘Chenhe’’) nor Greening submitted a
SUMMARY: On March 1, 2011, the United
separate rate application or certification,
States Court of International Trade
and neither company informed the
(‘‘CIT’’) sustained in an unpublished
Department that they had no shipments
judgment the Department of
of subject merchandise during the POR
Commerce’s (‘‘the Department’’) final
within the deadlines provided in the
results of redetermination as applied to
separate rate applications and
respondent Shenzhen Greening Trading certifications. See Final Results and
Co., Ltd. (‘‘Greening’’) pursuant to the
accompanying Issues and Decision
CIT’s order granting the Department’s
Memorandum at Comment 11.
voluntary remand request in Shandong
Accordingly, for the six months of the
Chenhe International Trading Co., Ltd.
POR not covered by the concurrently
and Shenzhen Greening Trading Co.,
conducted new shipper review (‘‘NSR’’),
Ltd. v. United States, Court No. 09–
we determined that Chenhe and
00246 (Ct. Int’l Trade April 22, 2010).
Greening had not established that they
See Final Results of Redetermination
were each entitled to a separate rate,
Pursuant to Voluntary Remand, Court
and without timely filed no-shipment
No. 09–00246, dated July 30, 2010,
certifications, Chenhe and Greening
available at https://ia.ita.doc.gov/
should be deemed to be part of the PRCremands (‘‘Remand Results’’); Shandong wide entity. Id. See also Fresh Garlic
Chenhe International Trading Co., Ltd.
from the People’s Republic of China:
and Shenzhen Greening Trading Co.,
Initiation of Antidumping Duty New
Ltd. v. United States, Court No. 09–
Shipper Reviews, 72 FR 38057 (July 12,
00246 (Ct. Int’l Trade March 1, 2011)
2007).
(‘‘Judgment’’). Consistent with the
Chenhe and Greening timely
decision of the United States Court of
challenged the Department’s
Appeals for the Federal Circuit
determination not to rescind the
(‘‘CAFC’’) in Timken Co. v. United
administrative review with respect to
States, 893 F.2d 337 (Fed. Cir. 1990)
both companies to the CIT. On April 22,
Producer or exporter
Antidumping Duty Order
13983
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Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
2009, the CIT granted the United States’
motion for voluntary remand to
reconsider whether the separate rate
application or other relevant judicial or
administrative precedent support a
finding that Chenhe and Greening were
on notice that they were required to
submit, within a set deadline, a
certification that they had no shipments
during the POR in order for the
Department to consider rescinding the
administrative review as to both
companies.
On July 30, 2010, the Department
issued its final results of
redetermination. See Remand Results.
In the redetermination, the Department
reconsidered the specific circumstances
surrounding Chenhe’s and Greening’s
no-shipment certifications and
rescinded the administrative review for
both Chenhe and Greening, pending
affirmance by the CIT. Id. On February
16, 2011, Chenhe moved to dismiss,
with prejudice, its complaint and the
CIT granted the motion on February 18,
2011. Subsequently, on March 1, 2011,
the CIT sustained the Department’s
remand redetermination with respect to
Greening. See Judgment.
Amended Final Results
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC has held that, pursuant to
section 516A(e) of the Tariff Act of
1930, as amended (‘‘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 March 1, 2011 Judgment
sustaining the Department’s Remand
Results with respect to Greening
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.
The cash deposit rate will remain the
company-specific rate established for
the subsequent and most recent period
during which Greening was reviewed.
See Fresh Garlic from the People’s
Republic of China: Final Results and
Partial Rescission of the 14th
Antidumping Duty Administrative
Review, 75 FR 34976 (June 21, 2010).
However, because Greening had no
shipments during the POR not covered
by the NSR, there are no entries to
suspend during the administrative
review POR and, therefore, the
Department does not find it necessary to
instruct United States Customs and
Border Protection to continue to
suspend the liquidation of entries
pending a ‘‘conclusive’’ court decision.
SUMMARY:
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16:50 Mar 14, 2011
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Because there is now a final court
decision with respect to Greening, the
Department amends its Final Results,
and is rescinding its review of Greening
for the administrative review POR. See
Judgment; Remand Results.
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: March 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–5918 Filed 3–11–11; 4:15 pm]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Cloud Computing Forum & Workshop
III
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice of public workshop.
AGENCY:
NIST announces the Cloud
Computing Forum & Workshop III to be
held on April 7 and 8, 2011. The event
will include keynotes from the U.S.
Chief Information Officer, NIST Under
Secretary of Commerce for Standards
and Technology, and other key federal
officials. This workshop will provide
information on the NIST strategic and
tactical Cloud Computing program,
including progress on the NIST efforts
to advance open standards in
interoperability, portability and security
in cloud computing. The goals of this
workshop are to present updates on:
The NIST U.S. Government (USG)
Cloud Computing Technology
Roadmap; a series of high-value target
U.S. Government Agency Cloud
Computing Business Use Cases; a first
version of a neutral cloud computing
reference architecture and taxonomy;
the NIST Standards Roadmap and the
Standards Acceleration to Jumpstart the
Adoption of Cloud Computing
(SAJACC) process; and progress by the
NIST Cloud Computing Security
working group. The event will also
include panels focusing on Cloud
Computing across the Federal landscape
as well as broad private sector topics.
DATES: The Cloud Computing Forum &
Workshop III will be held April 7 and
8, 2011.
ADDRESSES: The event will be held at
the National Institute of Standards and
Technology, 100 Bureau Drive,
Gaithersburg, MD 20899 in the Red
PO 00000
Frm 00017
Fmt 4703
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Auditorium of the Administration
Building, Building 101. All visitors to
the NIST site are required to pre-register
to be admitted and have appropriate
government-issued photo ID to gain
entry to NIST. Anyone wishing to attend
this meeting must register at https://
www.nist.gov/itl/cloud/
cloudworkshopiii.cfm by close of
business Monday, March 28, 2011, in
order to attend.
FOR FURTHER INFORMATION CONTACT: For
further information contact Robert Bohn
by e-mail at robert.bohn@nist.gov or by
phone at (301) 975–4500.
SUPPLEMENTARY INFORMATION: On May
20, 2010, NIST hosted the first Cloud
Computing Forum & Workshop. The
purpose of that initial workshop was to
respond to the request of the Federal
Chief Information Officer to NIST to
lead Federal efforts on standards for
data portability, cloud interoperability,
and security. The workshop’s goals were
to initiate engagement with industry to
accelerate the development of cloud
standards for interoperability,
portability, and security; introduce
NIST Cloud Computing efforts; and
discuss the Federal Government’s
experience with cloud computing.
The purpose of the second Cloud
Computing Forum & Workshop II, on
November 4 and 5, 2010, was to report
on the status of the efforts and to
socialize the NIST strategy to
collaboratively develop a Cloud
Computing Roadmap among multiple
Federal and industrial stakeholders, and
to advance a dialogue between these
groups. Panel discussions considered
the roles of standard organizations and
ad-hoc standards in the cloud; need and
use of a reference architecture to
support cloud adoption; key cloud
computing issues and proposed
solutions; security in the cloud; and
international aspects of cloud
computing. Breakout sessions on the
following day, November 5, actively
engaged stakeholders, discussed these
issues, and developed a series of next
steps for the effort in cloud computing
standards. NIST led and stake-holder
driven working groups in Standards,
Security, Reference Architecture and
Taxonomy, Target USG Agency
Business Use Cases and SAJACC were
formed.
The purpose of the Cloud Computing
Forum & Workshop III is to elaborate on
the progress of the NIST USG Cloud
Computing Technology Roadmap
through the activities of the NIST led,
stake-holder driven working groups that
were formed during the November 2010
event. The progress of these groups will
be presented over a two-day span. Panel
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[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13983-13984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5918]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic from the People's Republic of China: Court Decision
Not in Harmony With Final Results and Amended Final Results of Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 1, 2011, the United States Court of International
Trade (``CIT'') sustained in an unpublished judgment the Department of
Commerce's (``the Department'') final results of redetermination as
applied to respondent Shenzhen Greening Trading Co., Ltd.
(``Greening'') pursuant to the CIT's order granting the Department's
voluntary remand request in Shandong Chenhe International Trading Co.,
Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court
No. 09-00246 (Ct. Int'l Trade April 22, 2010). See Final Results of
Redetermination Pursuant to Voluntary Remand, Court No. 09-00246, dated
July 30, 2010, available at https://ia.ita.doc.gov/remands (``Remand
Results''); Shandong Chenhe International Trading Co., Ltd. and
Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09-
00246 (Ct. Int'l Trade March 1, 2011) (``Judgment''). 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. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond
Sawblades''), the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's final
results and is amending the final results of the administrative review
of the antidumping duty order on fresh garlic from the People's
Republic of China (``PRC'') covering the period of review (``POR'') of
November 1, 2006, through October 31, 2007 with respect to Greening.
See Fresh Garlic From the People's Republic of China: Final Results and
Partial Rescission of the 13th Antidumping Duty Administrative Review
and New Shipper Reviews, 74 FR 29174 (June 19, 2009) (``Final
Results''), and accompanying Issues and Decision Memorandum at Comment
11.
DATES: Effective Date: March 11, 2011.
FOR FURTHER INFORMATION CONTACT: Scott Lindsay or David Lindgren, AD/
CVD Operations, Office 6, Import Administration--International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC, 20230; telephone (202) 482-
0780 or (202) 482-3870.
SUPPLEMENTARY INFORMATION:
Background
On June 19, 2009, the Department issued its Final Results, where it
determined that neither Shandong Chenhe International Trading Co., Ltd.
(``Chenhe'') nor Greening submitted a separate rate application or
certification, and neither company informed the Department that they
had no shipments of subject merchandise during the POR within the
deadlines provided in the separate rate applications and
certifications. See Final Results and accompanying Issues and Decision
Memorandum at Comment 11. Accordingly, for the six months of the POR
not covered by the concurrently conducted new shipper review (``NSR''),
we determined that Chenhe and Greening had not established that they
were each entitled to a separate rate, and without timely filed no-
shipment certifications, Chenhe and Greening should be deemed to be
part of the PRC-wide entity. Id. See also Fresh Garlic from the
People's Republic of China: Initiation of Antidumping Duty New Shipper
Reviews, 72 FR 38057 (July 12, 2007).
Chenhe and Greening timely challenged the Department's
determination not to rescind the administrative review with respect to
both companies to the CIT. On April 22,
[[Page 13984]]
2009, the CIT granted the United States' motion for voluntary remand to
reconsider whether the separate rate application or other relevant
judicial or administrative precedent support a finding that Chenhe and
Greening were on notice that they were required to submit, within a set
deadline, a certification that they had no shipments during the POR in
order for the Department to consider rescinding the administrative
review as to both companies.
On July 30, 2010, the Department issued its final results of
redetermination. See Remand Results. In the redetermination, the
Department reconsidered the specific circumstances surrounding Chenhe's
and Greening's no-shipment certifications and rescinded the
administrative review for both Chenhe and Greening, pending affirmance
by the CIT. Id. On February 16, 2011, Chenhe moved to dismiss, with
prejudice, its complaint and the CIT granted the motion on February 18,
2011. Subsequently, on March 1, 2011, the CIT sustained the
Department's remand redetermination with respect to Greening. See
Judgment.
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (``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 March 1, 2011 Judgment
sustaining the Department's Remand Results with respect to Greening
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. The cash deposit rate will
remain the company-specific rate established for the subsequent and
most recent period during which Greening was reviewed. See Fresh Garlic
from the People's Republic of China: Final Results and Partial
Rescission of the 14th Antidumping Duty Administrative Review, 75 FR
34976 (June 21, 2010). However, because Greening had no shipments
during the POR not covered by the NSR, there are no entries to suspend
during the administrative review POR and, therefore, the Department
does not find it necessary to instruct United States Customs and Border
Protection to continue to suspend the liquidation of entries pending a
``conclusive'' court decision.
Amended Final Results
Because there is now a final court decision with respect to
Greening, the Department amends its Final Results, and is rescinding
its review of Greening for the administrative review POR. See Judgment;
Remand Results.
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: March 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5918 Filed 3-11-11; 4:15 pm]
BILLING CODE 3510-DS-P
