Certain Pasta From Italy: 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, 48122 [2011-20052]
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48122
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: 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 July 22, 2011, the United
States Court of International Trade
(‘‘CIT’’) sustained the Department of
Commerce’s (‘‘the Department’s’’)
results of redetermination as applied to
Atar, S.r.L. (‘‘Atar’’) pursuant to the
CIT’s order granting the Department’s
voluntary remand request in Atar, S.r.L.
v. United States, 08–00004, (November
10, 2009) (‘‘Remand Order’’). See Final
Remand Determination, Court No. 08–
00004, filed May 6, 2010 (‘‘Remand
Results’’), and Atar, S.r.L. v. United
States, Court No. 08–00004, Slip Op.
11–87 (July 22, 2011). 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 antidumping duty order on certain
pasta from Italy covering the period of
review (‘‘POR’’) of July 1, 2005, through
June 30, 2006, with respect to Atar.
DATES: Effective Date: August 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, 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) 482–4161.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On December 11, 2007, the
Department published its final results of
the administrative review for pasta from
Italy for the period from July 1, 2005,
through June 30, 2006. See Certain
Pasta from Italy: Notice of Final Results
of the Tenth Administrative Review and
Partial Rescission of Review, 72 FR
70298 (December 11, 2007) (‘‘Final
Results’’).
Atar appealed the Final Results to the
CIT arguing, among other things, that
the Department should not have
rescinded the review with respect to
Atar. On October 23, 2009, the
Department requested a voluntary
remand ‘‘to allow the Department to
VerDate Mar<15>2010
18:57 Aug 05, 2011
Jkt 223001
reconsider its rescission of the
administrative review with respect to
Atar.’’ See Memorandum in Response to
Plaintiff’s Motion for Judgment upon the
Agency Record at 4. On November 10,
2009, the CIT granted the Department’s
request for a remand to reconsider its
rescission of the administrative review
with respect to Atar. See Remand Order.
On May 6, 2010, the Department
issued its final results of remand
redetermination in which it determined
to issue final results of review with
respect to Atar rather than rescind the
review. See Remand Results. On July 22,
2011, the CIT affirmed the Department’s
Remand Results. See Atar, S.r.L. v.
United States, Court No. 08–00004, Slip
Op. 11–87 (July 22, 2011). Timken
Notice
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 (CAFC
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (CAFC
2010), pursuant to section 516A(c) 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
judgment on July 22, 2011, sustaining
the Department’s Remand Results with
respect to Atar constitutes a 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 with respect to Atar, we
determine that Atar was not the
producer of pasta which it sold to the
United States and that the actual pasta
producers knew the goods were
destined for the United States.
Therefore, the appropriate assessment
rate for entries during the period July 1,
2005, through June 30, 2006, is the rate
applicable to each producer (i.e., either
the relevant producer-specific rate or all
others rate).
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
antidumping duties on entries of the
subject merchandise exported during
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
the POR by Atar using the revised
assessment rates calculated by the
Department in the 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: August 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–20052 Filed 8–5–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–841]
Polyethylene Terephthalate Film,
Sheet, and Strip From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from Brazil. This
administrative review covers one
respondent, Terphane, Inc. (Terphane)
and the period of review (POR) is
November 1, 2009 through October 31,
2010. Since Terphane did not respond
to the Department’s requests for
information, we have assigned Terphane
a margin based on adverse facts
available (AFA). If these preliminary
results are adopted in our final results
of this review, we will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries of subject
merchandise made during the POR.
Interested parties are invited to
comment on these preliminary results.
We intend to issue the final results no
later than 120 days from the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).
DATES: Effective Date: August 8, 2011.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–2657 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Page 48122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20052]
[[Page 48122]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: 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 July 22, 2011, the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (``the
Department's'') results of redetermination as applied to Atar, S.r.L.
(``Atar'') pursuant to the CIT's order granting the Department's
voluntary remand request in Atar, S.r.L. v. United States, 08-00004,
(November 10, 2009) (``Remand Order''). See Final Remand Determination,
Court No. 08-00004, filed May 6, 2010 (``Remand Results''), and Atar,
S.r.L. v. United States, Court No. 08-00004, Slip Op. 11-87 (July 22,
2011). 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 antidumping duty order on certain pasta from Italy
covering the period of review (``POR'') of July 1, 2005, through June
30, 2006, with respect to Atar.
DATES: Effective Date: August 1, 2011.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, 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-
4161.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2007, the Department published its final results of
the administrative review for pasta from Italy for the period from July
1, 2005, through June 30, 2006. See Certain Pasta from Italy: Notice of
Final Results of the Tenth Administrative Review and Partial Rescission
of Review, 72 FR 70298 (December 11, 2007) (``Final Results'').
Atar appealed the Final Results to the CIT arguing, among other
things, that the Department should not have rescinded the review with
respect to Atar. On October 23, 2009, the Department requested a
voluntary remand ``to allow the Department to reconsider its rescission
of the administrative review with respect to Atar.'' See Memorandum in
Response to Plaintiff's Motion for Judgment upon the Agency Record at
4. On November 10, 2009, the CIT granted the Department's request for a
remand to reconsider its rescission of the administrative review with
respect to Atar. See Remand Order.
On May 6, 2010, the Department issued its final results of remand
redetermination in which it determined to issue final results of review
with respect to Atar rather than rescind the review. See Remand
Results. On July 22, 2011, the CIT affirmed the Department's Remand
Results. See Atar, S.r.L. v. United States, Court No. 08-00004, Slip
Op. 11-87 (July 22, 2011). Timken Notice
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 (CAFC 1990) (``Timken''), as clarified by Diamond Sawblades
Mfrs. Coalition v. United States, 626 F.3d 1374 (CAFC 2010), pursuant
to section 516A(c) 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 judgment on July 22, 2011, sustaining the Department's Remand
Results with respect to Atar constitutes a 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 with respect to Atar,
we determine that Atar was not the producer of pasta which it sold to
the United States and that the actual pasta producers knew the goods
were destined for the United States. Therefore, the appropriate
assessment rate for entries during the period July 1, 2005, through
June 30, 2006, is the rate applicable to each producer (i.e., either
the relevant producer-specific rate or all others rate).
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 antidumping duties on entries of the
subject merchandise exported during the POR by Atar using the revised
assessment rates calculated by the Department in the 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: August 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-20052 Filed 8-5-11; 8:45 am]
BILLING CODE 3510-DS-P