Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Countervailing Duty Investigation and Notice of Amended Countervailing Duty Order, 71167-71168 [2012-28916]

Download as PDF 71167 Notices Federal Register Vol. 77, No. 230 Thursday, November 29, 2012 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. COMMISSION ON CIVIL RIGHTS Sunshine Act Meetings United States Commission on Civil Rights. ACTION: Notice of briefing and business meeting. AGENCY: Friday, December 7, 2012; 9:00 a.m. EST. PLACE: 1331 Pennsylvania Ave. NW., Suite 1150, Washington, DC 20425. DATE AND TIME: • OGC Training IV. State Advisory Committee Issues • Review of Proposed Charter for SACs V. Adjourn Meeting DEPARTMENT OF COMMERCE CONTACT PERSON FOR FURTHER INFORMATION: Lenore Ostrowsky, Foreign-Trade Zone 59—Lincoln, Nebraska, Authorization of Production Activity, Novartis Consumer Health, Inc. (Pharmaceutical and Related Preparations Production), Lincoln, Nebraska Acting Chief, Public Affairs Unit (202) 376– 8591. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact Pamela Dunston at (202) 376–8105 or at signlanguage@usccr.gov at least seven business days before the scheduled date of the meeting. Dated: November 26, 2012. David Mussatt, Acting Chief, Regional Programs Coordination Unit. [FR Doc. 2012–28940 Filed 11–27–12; 11:15 am] BILLING CODE 6335–01–P Briefing Agenda: 9:00 a.m.–2:00 p.m. This briefing is open to the public. Topic: Assessing the Impact of Criminal Background Checks and the Equal Employment Opportunity Commission’s Conviction Records Policy on the Employment of Black and Hispanic Workers. I. Introductory Remarks by Chairman II. Panel I—9:00 a.m.–10:30 a.m.: Government & Scholars Panel Speakers’ Remarks and Questions from Commissioners III. Panel II—10:30 a.m.–12:00 p.m.: Business & Advocacy Groups Panel Speakers’ Remarks and Questions from Commissioners IV. LUNCH—12:00 p.m.–12:30 p.m. V. Panel III—12:30 p.m.–2:00 p.m.: Trade Associations Panel Speakers’ Remarks and Questions from Commissioners VI. Adjourn Briefing pmangrum on DSK3VPTVN1PROD with NOTICES Meeting Agenda—2:00 p.m. I. Approval of Agenda II. Program Planning • Update on the 2013 Statutory Enforcement Report—Sexual Assault in the Military • Update on The Civil Rights Implications of Eminent Domain Abuse briefing • Update on the Sex Trafficking: A Gender-Based Violation of Civil Rights briefing III. Management and Operations • Chief of Regional Programs’ report VerDate Mar<15>2010 15:12 Nov 28, 2012 Jkt 229001 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–58–2012] Foreign-Trade Zone 37—Orange County, New York, Authorization of Production Activity, Takasago International Corporation (Fragrances), Harriman, New York On July 26, 2012, Takasago International Corporation (Takasago) submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for their facility located within FTZ 37—Site 10 in Harriman, New York. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (77 FR 46377, 8–3– 2012). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: November 23, 2012. Andrew McGilvray, Executive Secretary. [FR Doc. 2012–28911 Filed 11–28–12; 8:45 am] BILLING CODE P PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Foreign-Trade Zones Board [B–64–2012] Novartis Consumer Health, Inc. submitted a notification of proposed production activity for the company’s facilities within Sites 3 and 4 of FTZ 59, in Lincoln, Nebraska. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (77 FR 50462, August 21, 2012). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: November 23, 2012. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2012–28923 Filed 11–28–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Countervailing Duty Investigation and Notice of Amended Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 15, 2012,1 the United States Court of International Trade (‘‘CIT’’) sustained the Department of Commerce’s (‘‘the Department’’) AGENCY: 1 See Fine Furniture (Shanghai) Limited, et al. (Plaintiff) and Hunchun Forest Wolf Industry Company Limited, et al. (Plaintiff-Intervenors) v. United States (Defendant) and the Coalition for American Hardwood Parity (DefendantIntervenors), Slip-Op. 12–138 (CIT 2012). E:\FR\FM\29NON1.SGM 29NON1 71168 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES results of redetermination 2 pursuant to the CIT’s Remand Order.3 Consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken,4 as clarified by Diamond Sawblades,5 the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s Wood Flooring Final,6 and is amending the final affirmative countervailing duty (‘‘CVD’’) determination and order on multilayered wood flooring (‘‘wood flooring’’) from the People’s Republic of China (‘‘PRC’’) covering the period of investigation, January 1, 2009, through December 31, 2009, with respect to the inclusion of Shanghai Eswell Enterprise Co., Ltd. (‘‘Eswell Enterprise’’) and Elegant Living Corporation (‘‘Elegant Living’’) on the list of non-cooperating companies. DATES: Effective Date: November 26, 2012. FOR FURTHER INFORMATION CONTACT: Joshua Morris, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1779. SUPPLEMENTARY INFORMATION: Subsequent to completion of its CVD investigation of wood flooring from the PRC, parties filed a suit with the CIT challenging the inclusion of Eswell Enterprise and Elegant Living in the non-cooperating companies list. On August 31, 2012, the CIT remanded to the Department the issue of inclusion of Eswell Enterprise and Elegant Living on that list.7 The Department filed its Remand Results on October 31, 2012. On November 15, 2012, the CIT upheld the Department’s Remand Results 2 See Final Results of Redetermination Pursuant to Remand in Fine Furniture (Shanghai) Limited, et al. (Plaintiff) and Hunchun Forest Wolf Industry Company Limited, et al. (Plaintiff-Intervenors) v. United States (Defendant) and the Coalition for American Hardwood Parity (DefendantIntervenors), CIT Court No. 11–00533, (October 31, 2012) (Public Version) (‘‘Remand Results’’). 3 See Fine Furniture (Shanghai) Limited, et al. (Plaintiff) and Hunchun Forest Wolf Industry Company Limited, et al. (Plaintiff-Intervenors) v. United States (Defendant) and the Coalition for American Hardwood Parity (DefendantIntervenors), Slip-Op. 12–113 (CIT 2012) (‘‘Remand Order’’). 4 See Timken Co. v. United States, 893 F.2d 337 (CAFC 1990) (‘‘Timken’’). 5 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (CAFC 2010) (‘‘Diamond Sawblades’’). 6 See Multilayered Wood Flooring From the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 76 FR 64313 (October 18, 2011) (‘‘Wood Flooring Final’’). 7 See Remand Order. VerDate Mar<15>2010 15:12 Nov 28, 2012 Jkt 229001 wherein the Department reconsidered the inclusion of Elegant Living and Eswell Enterprises on the list of noncooperating companies, and determined to remove Eswell Enterprise and Elegant Living from that list.8 Timken Notice In its decision in Timken, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516(e) 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.9 The CIT’s November 15, 2012, judgment sustaining the Remand Results constitutes a final decision of that court that is not in harmony with the Wood Flooring Final. 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 Determination and Countervailing Duty Order Because there is now a final court decision with respect to Eswell Enterprise and Elegant Living, we are amending the Wood Flooring Final and the Amended CVD Order 10 on wood flooring with respect to the margin for Eswell Enterprise and Elegant Living. Consequently, the Department will instruct U.S. Customs and Border Protection to impose cash deposits on entries of the subject merchandise exported by Eswell Enterprise or Elegant Living at the all-others rate of 1.50 percent. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: November 23, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. DEPARTMENT OF COMMERCE International Trade Administration [A–570–868] Folding Metal Tables and Chairs From the People’s Republic of China: Final Results of Sunset Review and Revocation of Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 1, 2012, the Department of Commerce (‘‘the Department’’) initiated the sunset review of the antidumping duty order on folding metal tables and chairs from the People’s Republic of China (‘‘PRC’’). Because the domestic interested parties did not participate in this sunset review, the Department is revoking this antidumping duty order. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6412. SUPPLEMENTARY INFORMATION: On June 27, 2002, the Department issued an antidumping duty order on folding metal tables and chairs from the PRC.1 On November 6, 2007, the Department published its most recent continuation of the order.2 On October 1, 2012, the Department initiated a sunset review of this order.3 We did not receive a notice of intent to participate from domestic interested parties in this sunset review by the deadline date. As a result, in accordance with 19 CFR 351.218(d)(1)(iii)(A), the Department determined that no domestic interested party intends to participate in the sunset review, and on October 21, 2012, we notified the International Trade Commission, in writing, that we intended to issue a final determination revoking this antidumping duty order.4 Scope of the Order: The products covered by the order consist of assembled and unassembled folding tables and folding chairs made primarily or exclusively from steel or other metal, as described below: AGENCY: [FR Doc. 2012–28916 Filed 11–28–12; 8:45 am] BILLING CODE 3510–DS–P 8 See Remand Results. Timken, 893 F.2d at 341. 10 See Multilayered Wood Flooring From the People’s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012) (‘‘Amended CVD Order’’). 9 See PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 1 See Antidumping Duty Order: Folding Metal Tables and Chairs From the People’s Republic of China, 67 FR 43277 (June 27, 2002). 2 See Folding Metal Tables and Chairs From the People’s Republic of China: Continuation of the Antidumping Duty Order, 72 FR 62626 (November 6, 2007). 3 See Initiation of Five-Year (‘‘Sunset’’) Review, 77 FR 59897 (October 1, 2012). 4 See 19 CFR 351.218(d)(1)(iii)(B)(2). E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Notices]
[Pages 71167-71168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28916]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Determination of 
Countervailing Duty Investigation and Notice of Amended Countervailing 
Duty Order

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

SUMMARY: On November 15, 2012,\1\ the United States Court of 
International Trade (``CIT'') sustained the Department of Commerce's 
(``the Department'')

[[Page 71168]]

results of redetermination \2\ pursuant to the CIT's Remand Order.\3\
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    \1\ See Fine Furniture (Shanghai) Limited, et al. (Plaintiff) 
and Hunchun Forest Wolf Industry Company Limited, et al. (Plaintiff-
Intervenors) v. United States (Defendant) and the Coalition for 
American Hardwood Parity (Defendant-Intervenors), Slip-Op. 12-138 
(CIT 2012).
    \2\ See Final Results of Redetermination Pursuant to Remand in 
Fine Furniture (Shanghai) Limited, et al. (Plaintiff) and Hunchun 
Forest Wolf Industry Company Limited, et al. (Plaintiff-Intervenors) 
v. United States (Defendant) and the Coalition for American Hardwood 
Parity (Defendant-Intervenors), CIT Court No. 11-00533, (October 31, 
2012) (Public Version) (``Remand Results'').
    \3\ See Fine Furniture (Shanghai) Limited, et al. (Plaintiff) 
and Hunchun Forest Wolf Industry Company Limited, et al. (Plaintiff-
Intervenors) v. United States (Defendant) and the Coalition for 
American Hardwood Parity (Defendant-Intervenors), Slip-Op. 12-113 
(CIT 2012) (``Remand Order'').
---------------------------------------------------------------------------

    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (``CAFC'') in Timken,\4\ as clarified by 
Diamond Sawblades,\5\ the Department is notifying the public that the 
final judgment in this case is not in harmony with the Department's 
Wood Flooring Final,\6\ and is amending the final affirmative 
countervailing duty (``CVD'') determination and order on multilayered 
wood flooring (``wood flooring'') from the People's Republic of China 
(``PRC'') covering the period of investigation, January 1, 2009, 
through December 31, 2009, with respect to the inclusion of Shanghai 
Eswell Enterprise Co., Ltd. (``Eswell Enterprise'') and Elegant Living 
Corporation (``Elegant Living'') on the list of non-cooperating 
companies.
---------------------------------------------------------------------------

    \4\ See Timken Co. v. United States, 893 F.2d 337 (CAFC 1990) 
(``Timken'').
    \5\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (CAFC 2010) (``Diamond Sawblades'').
    \6\ See Multilayered Wood Flooring From the People's Republic of 
China: Final Affirmative Countervailing Duty Determination, 76 FR 
64313 (October 18, 2011) (``Wood Flooring Final'').

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DATES: Effective Date: November 26, 2012.

FOR FURTHER INFORMATION CONTACT: Joshua Morris, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-1779.

SUPPLEMENTARY INFORMATION: Subsequent to completion of its CVD 
investigation of wood flooring from the PRC, parties filed a suit with 
the CIT challenging the inclusion of Eswell Enterprise and Elegant 
Living in the non-cooperating companies list. On August 31, 2012, the 
CIT remanded to the Department the issue of inclusion of Eswell 
Enterprise and Elegant Living on that list.\7\ The Department filed its 
Remand Results on October 31, 2012. On November 15, 2012, the CIT 
upheld the Department's Remand Results wherein the Department 
reconsidered the inclusion of Elegant Living and Eswell Enterprises on 
the list of non-cooperating companies, and determined to remove Eswell 
Enterprise and Elegant Living from that list.\8\
---------------------------------------------------------------------------

    \7\ See Remand Order.
    \8\ See Remand Results.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516(e) 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.\9\ The CIT's November 15, 2012, judgment 
sustaining the Remand Results constitutes a final decision of that 
court that is not in harmony with the Wood Flooring Final. 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.
---------------------------------------------------------------------------

    \9\ See Timken, 893 F.2d at 341.
---------------------------------------------------------------------------

Amended Final Determination and Countervailing Duty Order

    Because there is now a final court decision with respect to Eswell 
Enterprise and Elegant Living, we are amending the Wood Flooring Final 
and the Amended CVD Order \10\ on wood flooring with respect to the 
margin for Eswell Enterprise and Elegant Living. Consequently, the 
Department will instruct U.S. Customs and Border Protection to impose 
cash deposits on entries of the subject merchandise exported by Eswell 
Enterprise or Elegant Living at the all-others rate of 1.50 percent.
---------------------------------------------------------------------------

    \10\ See Multilayered Wood Flooring From the People's Republic 
of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 
5484 (February 3, 2012) (``Amended CVD Order'').
---------------------------------------------------------------------------

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: November 23, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-28916 Filed 11-28-12; 8:45 am]
BILLING CODE 3510-DS-P

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