Certain Steel Threaded Rod From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Sales at Less-Than-Fair-Value and Notice of Amended Final Determination of Sales at Less-Than-Fair-Value and Amended Antidumping Duty Order Pursuant to Court Decision, 27304-27305 [2011-11571]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 27304 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Notices the following alternatives: (1) Take no action, i.e., APHIS would not change the regulatory status of corn event MON 87460 and it would continue to be a regulated article, or (2) approve the petition based on a determination of the nonregulated status of corn event MON 87460 in whole. The draft EA has been prepared to provide the APHIS decisionmaker with a review and analysis of any potential environmental impacts associated with the proposed determination of nonregulated status for corn event MON 87460. The draft EA was prepared in accordance with (1) The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500–1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS’ NEPA Implementing Procedures (7 CFR part 372). In accordance with § 340.6(d) of the regulations, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. We are also soliciting written comments from interested or affected persons on the plant pest risk assessment and the draft EA prepared to examine any potential environmental impacts of the proposed determination for the deregulation of the subject corn line. The petition, draft EA, and plant pest risk assessment are available for public review, and copies of the petition, draft EA, and plant pest risk assessment are available as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above. After the comment period closes, APHIS will review all written comments received during the comment period and any other relevant information. All comments received regarding the petition, draft EA, and plant pest risk assessment will be available for public review. After reviewing and evaluating the comments on the petition, the draft EA, plant pest risk assessment, and other data, APHIS will furnish a response to the petitioner, either approving or denying the petition. APHIS will also publish a notice in the Federal Register announcing the regulatory status of corn event MON 87460 and the availability of APHIS’ written environmental decision and regulatory determination. Authority: 7 U.S.C. 7701–7772 and 7781– 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. VerDate Mar<15>2010 17:18 May 10, 2011 Jkt 223001 Done in Washington, DC, this 4th day of May 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011–11485 Filed 5–10–11; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Forest Service Pike & San Isabel Resource Advisory Committee projects to the Designated Federal Official, (3) Receive public comment. 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. Public input sessions will be provided and individuals who made written requests by August 5, 2011 will have the opportunity to address the Committee at those sessions. Dated: April 26, 2011. John F. Peterson, Designated Federal Official. AGENCY: [FR Doc. 2011–11524 Filed 5–10–11; 8:45 am] ACTION: BILLING CODE 3410–11–P Forest Service, USDA. Notice of meeting. The Pike & San Isabel Resource Advisory Committee will meet in Pueblo, Colorado. 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 of the meeting is to vote on and recommend projects for funding. DATES: The meeting will be held on August 10, 2011, and will begin at 9 a.m. ADDRESSES: The meeting will be held at the Supervisor’s Office of the Pike & San Isabel National Forests, Cimarron and Comanche National Grasslands (PSICC) at 2840 Kachina Dr., Pueblo, Colorado. Written comments should be sent to Barbara Timock, PSICC, 2840 Kachina Dr., Pueblo, CO 81008. Comments may also be sent via e-mail to btimock@fs.fed.us, or via facsimile to 719–553–1416. 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 PSICC, 2840 Kachina Dr., Pueblo, CO 81008. Visitors are encouraged to call ahead to 719–553–1415 to facilitate entry into the building. FOR FURTHER INFORMATION CONTACT: Barbara Timock, RAC coordinator, USDA, Pike & San Isabel National Forests, 2840 Kachina Dr., Pueblo, CO 81008; (719) 553–1415; E-mail btimock@fs.fed.us. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The August 10 meeting is open to the public. The following business will be conducted: (1) Review, discuss and vote on proposed projects, (2) Recommend SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–932] Certain Steel Threaded Rod From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Sales at Less-Than-Fair-Value and Notice of Amended Final Determination of Sales at Less-Than-Fair-Value and Amended Antidumping Duty Order Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 21, 2011, in litigation arising out of the Department of Commerce’s (‘‘Department’’) final determination in the less-than-fair-value (‘‘LTFV’’) investigation of certain steel threaded rod (‘‘steel threaded rod’’) from the People’s Republic of China (‘‘PRC’’),1 the United States Court of International Trade (‘‘CIT’’) sustained the Department’s results of redetermination. Pursuant to the CIT’s remand order in Jiaxing Brother Fastener Co., Ltd. v. United States, Consol. Court No. 09– 00205, Slip Op. 10–128 (November 16, 2010) (‘‘Jiaxing Brother’’), the Department found that the financial statements of the Indian company, Rajratan Global Wire Ltd. (‘‘Rajratan’’), are an appropriate source of data for calculating the surrogate financial ratios. See Jiaxing Brother Fastener Co., Ltd. v. United States, Consol. Court No. 09–00205, Slip Op. 11–44 (April 21, AGENCY: 1 See Certain Steel Threaded Rod from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 74 FR 8907 (February 27, 2009) (‘‘Final Determination’’) and Certain Steel Threaded Rod from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 2009) (‘‘Antidumping Duty Order’’). . E:\FR\FM\11MYN1.SGM 11MYN1 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 2011) (‘‘Jiaxing Brother II’’). 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 Determination and is amending its Final Determination and Antidumping Duty Order. DATES: Effective Date: May 2, 2011. FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone (202) 482–1655. SUPPLEMENTARY INFORMATION: Background On February 27, 2009, the Department published the Final Determination of the investigation of steel threaded rod from the PRC. See Final Determination. In calculating surrogate financial ratios, pursuant to section 773(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’), the Department used financial statements for three Indian companies found by the Department to be producers of merchandise comparable to steel threaded rod. The Department determined not to use Rajratan’s financial statement as part of that calculation upon concluding that Rajratan produced wire rod, a material input in the production of subject merchandise, which the Department found not to be comparable to finished steel products such as steel threaded rod. See Final Determination and accompanying Issues and Decision Memorandum at Comment 1. After the Department published the Antidumping Duty Order, the RMB/IFI Group and its producer, Jiaxing Brother Fastener Co., Ltd. (collectively, ‘‘the RMB/IFI Group’’), filed a timely action with the CIT challenging the Department’s selection of financial statements in calculating surrogate financial ratios. On November 16, 2010, the CIT issued its decision sustaining the Department’s Final Determination except for the determination to reject the financial statement of Rajratan as part of its calculation of surrogate financial ratios. The CIT found that record evidence did not support the Department’s conclusion that Rajratan manufactured wire rod, which is used VerDate Mar<15>2010 17:18 May 10, 2011 Jkt 223001 27305 as an input in the production of steel threaded rod. See Jiaxing Brother at 27– 28. The CIT thus remanded the issue to the Department with instructions to reconsider the appropriateness of using Rajratan’s financial statement in the calculation of surrogate financial ratios by analyzing the comparability of Rajratan’s merchandise to the subject merchandise. Id. at 30. On December 16, 2010, the Department issued its final results of redetermination pursuant to Jiaxing Brother. Pursuant to the CIT’s remand order in Jiaxing Brother, we reexamined the Rajratan financial statements and found that Rajratan purchases wire rod, in addition to other raw materials, and produces downstream products from that wire rod input, namely p.c. wire and tyre bead wire. Thus, we determined on remand that Rajratan further manufactures wire rod into finished (or semi-finished) steel products in a manner similar to steel threaded rod and found that Rajratan is a producer of steel products comparable to the subject merchandise. As a consequence, because Rajratan is a producer of comparable steel products, we find that its production experience, and therefore financial experience, is comparable to that of steel threaded rod producers, and included its financial ratios in the average calculation of surrogate financial ratios. The CIT sustained the Department’s remand redetermination on April 21, 2011. See Jiaxing Brother II. Amended Final Determination and Order 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 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 April 21, 2011, judgment sustaining the Department’s remand redetermination that Rajratan is a producer of steel products comparable to the subject merchandise constitutes a final decision of that court that is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will suspend liquidation of the subject merchandise effective May 2, 2011, pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision or pending establishment of a new cash deposit rate in a completed administrative review of the Antidumping Duty Order. ACTION: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Because there is now a final court decision with respect to the inclusion of Rajratan in the average calculation of surrogate financial ratios, RMB/IFI Group’s revised cash deposit rate is 47.37%. In accordance with sections 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection to collect cash deposits at the rate indicated. This notice is issued and published in accordance with sections 516A(c)(1), 735(d), 736(a), and 777(i)(1) of the Act. Dated: May 4, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–11571 Filed 5–10–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; the NIST Summer Institute for Middle School Science Teachers (NIST Summer Institute) and the NIST Research Experience for Teachers (NIST RET) Application Requirements National Institute of Standards and Technology (NIST), Commerce. AGENCY: Notice. The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. SUMMARY: Written comments must be submitted on or July 11, 2011. DATES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). ADDRESSES: FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Barbara Lambis, 301–975– 4447, barbara.lambis@nist.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Pages 27304-27305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11571]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod From the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Final Determination of 
Sales at Less-Than-Fair-Value and Notice of Amended Final Determination 
of Sales at Less-Than-Fair-Value and Amended Antidumping Duty Order 
Pursuant to Court Decision

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

SUMMARY: On April 21, 2011, in litigation arising out of the Department 
of Commerce's (``Department'') final determination in the less-than-
fair-value (``LTFV'') investigation of certain steel threaded rod 
(``steel threaded rod'') from the People's Republic of China 
(``PRC''),\1\ the United States Court of International Trade (``CIT'') 
sustained the Department's results of redetermination. Pursuant to the 
CIT's remand order in Jiaxing Brother Fastener Co., Ltd. v. United 
States, Consol. Court No. 09-00205, Slip Op. 10-128 (November 16, 2010) 
(``Jiaxing Brother''), the Department found that the financial 
statements of the Indian company, Rajratan Global Wire Ltd. 
(``Rajratan''), are an appropriate source of data for calculating the 
surrogate financial ratios. See Jiaxing Brother Fastener Co., Ltd. v. 
United States, Consol. Court No. 09-00205, Slip Op. 11-44 (April 21,

[[Page 27305]]

2011) (``Jiaxing Brother II''). 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 Determination and is 
amending its Final Determination and Antidumping Duty Order.
---------------------------------------------------------------------------

    \1\ See Certain Steel Threaded Rod from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 74 FR 
8907 (February 27, 2009) (``Final Determination'') and Certain Steel 
Threaded Rod from the People's Republic of China: Notice of 
Antidumping Duty Order, 74 FR 17154 (April 14, 2009) (``Antidumping 
Duty Order'').
    .

---------------------------------------------------------------------------
DATES: Effective Date: May 2, 2011.

FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone (202) 482-1655.

SUPPLEMENTARY INFORMATION: 

Background

    On February 27, 2009, the Department published the Final 
Determination of the investigation of steel threaded rod from the PRC. 
See Final Determination. In calculating surrogate financial ratios, 
pursuant to section 773(c) of the Tariff Act of 1930, as amended (the 
``Act''), the Department used financial statements for three Indian 
companies found by the Department to be producers of merchandise 
comparable to steel threaded rod. The Department determined not to use 
Rajratan's financial statement as part of that calculation upon 
concluding that Rajratan produced wire rod, a material input in the 
production of subject merchandise, which the Department found not to be 
comparable to finished steel products such as steel threaded rod. See 
Final Determination and accompanying Issues and Decision Memorandum at 
Comment 1.
    After the Department published the Antidumping Duty Order, the RMB/
IFI Group and its producer, Jiaxing Brother Fastener Co., Ltd. 
(collectively, ``the RMB/IFI Group''), filed a timely action with the 
CIT challenging the Department's selection of financial statements in 
calculating surrogate financial ratios.
    On November 16, 2010, the CIT issued its decision sustaining the 
Department's Final Determination except for the determination to reject 
the financial statement of Rajratan as part of its calculation of 
surrogate financial ratios. The CIT found that record evidence did not 
support the Department's conclusion that Rajratan manufactured wire 
rod, which is used as an input in the production of steel threaded rod. 
See Jiaxing Brother at 27-28. The CIT thus remanded the issue to the 
Department with instructions to reconsider the appropriateness of using 
Rajratan's financial statement in the calculation of surrogate 
financial ratios by analyzing the comparability of Rajratan's 
merchandise to the subject merchandise. Id. at 30.
    On December 16, 2010, the Department issued its final results of 
redetermination pursuant to Jiaxing Brother. Pursuant to the CIT's 
remand order in Jiaxing Brother, we reexamined the Rajratan financial 
statements and found that Rajratan purchases wire rod, in addition to 
other raw materials, and produces downstream products from that wire 
rod input, namely p.c. wire and tyre bead wire. Thus, we determined on 
remand that Rajratan further manufactures wire rod into finished (or 
semi-finished) steel products in a manner similar to steel threaded rod 
and found that Rajratan is a producer of steel products comparable to 
the subject merchandise. As a consequence, because Rajratan is a 
producer of comparable steel products, we find that its production 
experience, and therefore financial experience, is comparable to that 
of steel threaded rod producers, and included its financial ratios in 
the average calculation of surrogate financial ratios.
    The CIT sustained the Department's remand redetermination on April 
21, 2011. See Jiaxing Brother II.

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 
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 April 21, 2011, judgment sustaining the Department's remand 
redetermination that Rajratan is a producer of steel products 
comparable to the subject merchandise constitutes a final decision of 
that court that is not in harmony with the Department's Final 
Determination. This notice is published in fulfillment of the 
publication requirements of Timken. Accordingly, the Department will 
suspend liquidation of the subject merchandise effective May 2, 2011, 
pending the expiration of the period of appeal or, if appealed, pending 
a final and conclusive court decision or pending establishment of a new 
cash deposit rate in a completed administrative review of the 
Antidumping Duty Order.

Amended Final Determination and Order

    Because there is now a final court decision with respect to the 
inclusion of Rajratan in the average calculation of surrogate financial 
ratios, RMB/IFI Group's revised cash deposit rate is 47.37%. In 
accordance with sections 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection to collect cash deposits at 
the rate indicated.
    This notice is issued and published in accordance with sections 
516A(c)(1), 735(d), 736(a), and 777(i)(1) of the Act.

    Dated: May 4, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11571 Filed 5-10-11; 8:45 am]
BILLING CODE 3510-DS-P

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