Frontseating Service Valves From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination and Notice of Amended Final Determination and Antidumping Duty Order Pursuant to Court Decision, 5769-5770 [2012-2737]
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
thorium, cerium, zirconium, and rare
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mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: January 31, 2012.
Gregory Campbell,
Acting Director, IA Subsidies Enforcement
Office.
[FR Doc. 2012–2650 Filed 2–3–12; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–933]
Frontseating Service Valves From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Determination and Notice of
Amended Final Determination and
Antidumping Duty Order Pursuant to
Court Decision
On January 27, 2012, the
United States Court of International
Trade (‘‘CIT’’) sustained the Department
of Commerce’s (‘‘the Department’’) final
results of redetermination pursuant to
the CIT’s remand order in Zhejiang
DunAn Hetian Metal Co., Ltd. v. United
States, Court No. 09–00217, Slip Op.
11–120 (CIT Sept. 28, 2011)
(‘‘Remand’’).1
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 the final
determination of the less-than-fair-value
investigation of frontseating service
valves (‘‘FSVs’’) from the People’s
Republic of China (‘‘PRC’’) with respect
to the margin assigned to Zhejiang
DunAn Hetian Metal Co., Ltd.
(‘‘DunAn’’) covering the period of
investigation (‘‘POI’’) July 1, 2007,
through December 31, 2007, and the
antidumping order.2
DATES: Effective Date: February 6, 2012.
FOR FURTHER INFORMATION CONTACT: Eve
Wang, Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6231.
SUMMARY:
1 See Final Results Of Redetermination Pursuant
To Court Remand, Court No. 09–00217, dated
January 4, 2012, available at: https://www.ia.ita.doc.
gov/remands/ (‘‘FSV Redetermination’’).
2 Frontseating Service Valves from the People’s
Republic of China: Final Determination of Sales at
Less than Fair Value and Final Negative
Determination of Critical Circumstances, 74 FR
10886 (March 13, 2009) and accompanying Issues
and Decision Memorandum (‘‘Final
Determination’’) and Antidumping Duty Order:
Frontseating Service Valves from the People’s
Republic of China, 74 FR 19196 (April 28, 2009),
as corrected, Notice of Correction to Antidumping
Duty Order: Frontseating Service Valves From the
People’s Republic of China, 74 FR 26204 (June 1,
2009) (‘‘Order’’).
PO 00000
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5769
In the
Final Determination, the Department
applied partial adverse facts available
(‘‘AFA’’) to DunAn because we found at
verification that DunAn misreported the
sales quantities of certain models of the
merchandise under investigation sold in
December 2007. As partial AFA, the
Department applied the petition rate of
55.62 percent to all of the reported
December 2007 sales of these certain
models. On September 28, 2011, the
Court of International Trade remanded
the Final Determination to the
Department, following a prior
proceeding in which the Court of
Appeals for the Federal Circuit
(‘‘CAFC’’) held that the Department is
only permitted to apply partial AFA to
information which was missing from the
record, namely, the quantity of certain
models of FSVs sold in December 2007.3
The Court also granted the
Department’s request for a voluntary
remand to recalculate the surrogate
labor rate for DunAn in accordance with
the CAFC’s holding in Dorbest Ltd. v.
United States, 604 F.3d 1363 (Fed. Cir.
2010) (‘‘Dorbest’’).4 In Dorbest, the
CAFC held that the Department’s
‘‘regression-based method for
calculating wage rates as stipulated by
19 CFR 351.408(c)(3) uses data not
permitted by the statutory requirements
laid out in section 773 of the Tariff Act
of 1930, as amended (the ‘‘Act’’).’’ 5
Specifically, the CAFC interpreted
section 773(c) of the Act to require the
use of data from market economy
countries that are both economically
comparable to the non-market economy
(‘‘NME’’) country at issue and
significant producers of the subject
merchandise, unless such data are
unavailable. Because the Department’s
regulation requires the Department to
use data from economically dissimilar
countries and from countries that do not
produce comparable merchandise, the
CAFC invalidated the Department’s
labor regulation (19 CFR 351.408(c)(3)).
On June 21, 2011, the Department
revised its labor calculation
methodology for valuing an NME
respondent’s cost of labor in NME
antidumping proceedings.6 In Labor
Methodologies, the Department found
that the best methodology for valuing
the NME respondent’s cost of labor is to
use the industry-specific labor rate from
the surrogate country. Additionally, the
SUPPLEMENTARY INFORMATION:
3 See Zhejiang Dunan Hetian Metal Co., Ltd. v.
United States, 652 F.3d 1333, 1348 (Fed. Cir. 2010).
4 See id. at 1349.
5 See Dorbest, 604 F.3d at 1372.
6 See Antidumping Methodologies in Proceedings
Involving Non-Market Economies: Valuing the
Factor of Production: Labor, 76 FR 36092 (June 21,
2011) (‘‘Labor Methodologies’’).
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5770
Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
Department found that the best data
source for calculating the industryspecific labor rate for the surrogate
country is the data reported under
‘‘Chapter 6A: Labor Cost in
Manufacturing’’ from the ILO Yearbook
of Labor Statistics.7
On January 5, 2012, the Department
issued the FSV Redetermination.
Pursuant to Remand, we applied partial
AFA to DunAn’s misreported sales
quantity using adverse inferences solely
with respect to quantity. Specifically,
we assigned to the total quantity of
misreported sales to the higher
CONNUM-specific margin of the two
CONNUMs in question. Additionally,
pursuant to Dorbest and Labor
Methodologies, we revised the wage rate
calculation methodology to comply with
the CAFC’s interpretation of section 773
of the Act. The Department’s
redetermination resulted in changing
DunAn’s margin from 12.95 percent to
11.83 percent. On January 27, 2012, the
Court of International Trade affirmed
the FSV Redetermination.8
DunAn participated in the first
administrative review of the
antidumping duty order on FSV’s, and
received a cash deposit rate, so the rate
listed above will not be applied as a
cash deposit rate for DunAn.9 This
notice is issued and published in
accordance with sections 516A(c)(1),
735(d) and 777(i)(1) of the Act.
Dated: February 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–2737 Filed 2–3–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
Energy Efficiency Trade Mission to
Russia
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
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(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 January 27, 2012 judgment
sustaining the Department’s remand
redetermination with respect to DunAn
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.
Amended Final Determination and
Order
Because there is now a final court
decision, we are amending the Final
Determination and Order to reflect the
results of the litigation. The revised
weighted-average dumping margin is as
follows:
Percent
margin
mstockstill on DSK4VPTVN1PROD with NOTICES
Exporter/producer combination
Exporter: Zhejiang DunAn Hetian
Metal Co., Ltd.
Producer: Zhejiang DunAn Hetian
Metal Co., Ltd ...........................
11.83
7 See
id., at 39063.
8 Zhejiang DunAn Hetian Metal Co., Ltd. v.
United States, Ct. No. 09–00217, Slip Op. 12–13
(Jan. 27. 2012).
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17:27 Feb 03, 2012
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Mission Description
The United States Department of
Commerce (DOC) International Trade
Administration (ITA), U.S. Commercial
Service (CS) and Department of Energy
(DOE) are organizing an Energy
Efficiency Trade Mission to Moscow
and St. Petersburg on June 4–7, 2012, to
be led by a senior-level U.S. government
official. Participating entities will have
the option of additional meetings with
business prospects in cities nearby
Moscow and St. Petersburg.
Russia, with a population of over 140
million and a seriously inefficient
energy infrastructure, is a promising
market for the sale of U.S. energy
efficiency products and services. Russia
presents lucrative opportunities for U.S.
energy efficiency companies due to a
critical need for significant investments
in the sector. The trade mission will
target a broad range of technologies to
improve energy efficiency including
electricity transmission infrastructure,
smart grids, energy storage, road
construction materials and green
building. Companies which provide
environmental goods and services
(especially for water treatment and
water efficiency) that reduce the
environmental impact of industrial
processes and energy generation are
encouraged to apply for this mission.
9 See Frontseating Service Valves from the
People’s Republic of China: Final Results of the
2008–2010 Antidumping Duty Administrative
Review of the Antidumping Duty Order, 76 FR
70706 (November 15, 2012).
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This mission will contribute to the
efforts of Business Development and
Economic Relations and Energy
Working Groups of the U.S.-Russia
Bilateral Presidential Commission
(https://www.usrbc.org/goverment/
presidential_commission/).
This mission will help participating
firms gain market insights, make
industry contacts, solidify business
strategies, and advance specific projects,
with the goal of increasing U.S. exports
to Russia. The mission will include oneon-one business appointments with prescreened potential buyers, agents,
distributors and joint venture partners;
meeting with national and regional
government officials; and networking
events. Participants in this official U.S.
industry delegation will enhance their
ability to secure useful meetings in
Russia.
Commercial Setting
Russia, one of the world’s fastest
growing developing economies, presents
promising opportunities for U.S.
companies that offer products and
services in the clean technologies
industries. New legislation and national
goals addressing energy inefficiency and
climate change, and the need to improve
environmental services to the general
public are creating a demand for energy
efficient products and services.
Energy Efficiency
Russia’s President Dmitry Medvedev
identified energy efficiency as a top
priority for modernizing the Russian
economy and affirmed that energy
efficiency and conservation are among
the five strategic priorities for Russia’s
technological development.
Russia is aiming to reduce GDP
energy intensity 40% by 2020 from its
2007 level. GDP energy intensity is
currently 2.5–3.5 times higher than
countries in Europe. Russia currently
ranks among the top 25 energy intensive
countries in seven major areas of
economic activity: Agriculture, hunting
and forestry, construction,
manufacturing, transport, storage and
services. Russia is seeking to diversify
and grow its energy sources for these
sectors.
New energy efficiency legislation in
Russia passed in 2009, which
established standards for the regulation
of energy consumption to increase
efficiency and encourage energy
savings. For example, the law
introduced restrictions on the sale of
incandescent light bulbs, set
requirements for providing energy
efficiency information on product
labels, and also set guidelines on
mandatory commercial inventories of
E:\FR\FM\06FEN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5769-5770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2737]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-933]
Frontseating Service Valves From the People's Republic of China:
Notice of Court Decision Not in Harmony With Final Determination and
Notice of Amended Final Determination and Antidumping Duty Order
Pursuant to Court Decision
SUMMARY: On January 27, 2012, the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (``the
Department'') final results of redetermination pursuant to the CIT's
remand order in Zhejiang DunAn Hetian Metal Co., Ltd. v. United States,
Court No. 09-00217, Slip Op. 11-120 (CIT Sept. 28, 2011)
(``Remand'').\1\
---------------------------------------------------------------------------
\1\ See Final Results Of Redetermination Pursuant To Court
Remand, Court No. 09-00217, dated January 4, 2012, available at:
https://www.ia.ita.doc.gov/remands/ (``FSV
Redetermination'').
---------------------------------------------------------------------------
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 the final
determination of the less-than-fair-value investigation of frontseating
service valves (``FSVs'') from the People's Republic of China (``PRC'')
with respect to the margin assigned to Zhejiang DunAn Hetian Metal Co.,
Ltd. (``DunAn'') covering the period of investigation (``POI'') July 1,
2007, through December 31, 2007, and the antidumping order.\2\
---------------------------------------------------------------------------
\2\ Frontseating Service Valves from the People's Republic of
China: Final Determination of Sales at Less than Fair Value and
Final Negative Determination of Critical Circumstances, 74 FR 10886
(March 13, 2009) and accompanying Issues and Decision Memorandum
(``Final Determination'') and Antidumping Duty Order: Frontseating
Service Valves from the People's Republic of China, 74 FR 19196
(April 28, 2009), as corrected, Notice of Correction to Antidumping
Duty Order: Frontseating Service Valves From the People's Republic
of China, 74 FR 26204 (June 1, 2009) (``Order'').
---------------------------------------------------------------------------
DATES: Effective Date: February 6, 2012.
FOR FURTHER INFORMATION CONTACT: Eve Wang, Office 8, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-6231.
SUPPLEMENTARY INFORMATION: In the Final Determination, the Department
applied partial adverse facts available (``AFA'') to DunAn because we
found at verification that DunAn misreported the sales quantities of
certain models of the merchandise under investigation sold in December
2007. As partial AFA, the Department applied the petition rate of 55.62
percent to all of the reported December 2007 sales of these certain
models. On September 28, 2011, the Court of International Trade
remanded the Final Determination to the Department, following a prior
proceeding in which the Court of Appeals for the Federal Circuit
(``CAFC'') held that the Department is only permitted to apply partial
AFA to information which was missing from the record, namely, the
quantity of certain models of FSVs sold in December 2007.\3\
---------------------------------------------------------------------------
\3\ See Zhejiang Dunan Hetian Metal Co., Ltd. v. United States,
652 F.3d 1333, 1348 (Fed. Cir. 2010).
---------------------------------------------------------------------------
The Court also granted the Department's request for a voluntary
remand to recalculate the surrogate labor rate for DunAn in accordance
with the CAFC's holding in Dorbest Ltd. v. United States, 604 F.3d 1363
(Fed. Cir. 2010) (``Dorbest'').\4\ In Dorbest, the CAFC held that the
Department's ``regression-based method for calculating wage rates as
stipulated by 19 CFR 351.408(c)(3) uses data not permitted by the
statutory requirements laid out in section 773 of the Tariff Act of
1930, as amended (the ``Act'').'' \5\ Specifically, the CAFC
interpreted section 773(c) of the Act to require the use of data from
market economy countries that are both economically comparable to the
non-market economy (``NME'') country at issue and significant producers
of the subject merchandise, unless such data are unavailable. Because
the Department's regulation requires the Department to use data from
economically dissimilar countries and from countries that do not
produce comparable merchandise, the CAFC invalidated the Department's
labor regulation (19 CFR 351.408(c)(3)). On June 21, 2011, the
Department revised its labor calculation methodology for valuing an NME
respondent's cost of labor in NME antidumping proceedings.\6\ In Labor
Methodologies, the Department found that the best methodology for
valuing the NME respondent's cost of labor is to use the industry-
specific labor rate from the surrogate country. Additionally, the
[[Page 5770]]
Department found that the best data source for calculating the
industry-specific labor rate for the surrogate country is the data
reported under ``Chapter 6A: Labor Cost in Manufacturing'' from the ILO
Yearbook of Labor Statistics.\7\
---------------------------------------------------------------------------
\4\ See id. at 1349.
\5\ See Dorbest, 604 F.3d at 1372.
\6\ See Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, 76 FR
36092 (June 21, 2011) (``Labor Methodologies'').
\7\ See id., at 39063.
---------------------------------------------------------------------------
On January 5, 2012, the Department issued the FSV Redetermination.
Pursuant to Remand, we applied partial AFA to DunAn's misreported sales
quantity using adverse inferences solely with respect to quantity.
Specifically, we assigned to the total quantity of misreported sales to
the higher CONNUM-specific margin of the two CONNUMs in question.
Additionally, pursuant to Dorbest and Labor Methodologies, we revised
the wage rate calculation methodology to comply with the CAFC's
interpretation of section 773 of the Act. The Department's
redetermination resulted in changing DunAn's margin from 12.95 percent
to 11.83 percent. On January 27, 2012, the Court of International Trade
affirmed the FSV Redetermination.\8\
---------------------------------------------------------------------------
\8\ Zhejiang DunAn Hetian Metal Co., Ltd. v. United States, Ct.
No. 09-00217, Slip Op. 12-13 (Jan. 27. 2012).
---------------------------------------------------------------------------
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(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 January 27, 2012 judgment sustaining the Department's remand
redetermination with respect to DunAn 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.
Amended Final Determination and Order
Because there is now a final court decision, we are amending the
Final Determination and Order to reflect the results of the litigation.
The revised weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Percent
Exporter/producer combination margin
------------------------------------------------------------------------
Exporter: Zhejiang DunAn Hetian Metal Co., Ltd.
Producer: Zhejiang DunAn Hetian Metal Co., Ltd............... 11.83
------------------------------------------------------------------------
DunAn participated in the first administrative review of the
antidumping duty order on FSV's, and received a cash deposit rate, so
the rate listed above will not be applied as a cash deposit rate for
DunAn.\9\ This notice is issued and published in accordance with
sections 516A(c)(1), 735(d) and 777(i)(1) of the Act.
---------------------------------------------------------------------------
\9\ See Frontseating Service Valves from the People's Republic
of China: Final Results of the 2008-2010 Antidumping Duty
Administrative Review of the Antidumping Duty Order, 76 FR 70706
(November 15, 2012).
Dated: February 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-2737 Filed 2-3-12; 8:45 am]
BILLING CODE P
