Polyester Staple Fiber From Taiwan: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Amended Final Results of Antidumping Duty Order Administrative Review, 71579 [2012-29041]
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71579
Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: November 21, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–29040 Filed 11–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–833]
Polyester Staple Fiber From Taiwan:
Notice of Court Decision Not in
Harmony With Final Results of
Administrative Review and Amended
Final Results of Antidumping Duty
Order Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 14, 2012,1 the
United States Court of International
Trade (‘‘CIT’’) sustained the Department
of Commerce’s (‘‘the Department’’)
results of redetermination 2 pursuant to
the CIT’s FENC 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 Final
Results 6 and is amending the final
results of the administrative review of
the antidumping duty order on
polyester staple fiber from Taiwan
covering the period of review (‘‘POR’’)
May 1, 2009, through April 30, 2010,
with respect to the margin assigned to
Far Eastern New Century Corporation
(‘‘FENC’’).
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
1 See Far Eastern New Century Corporation v.
United States, Slip-Op. 12–136 (CIT 2012).
2 See Results of Redetermination Pursuant to
Remand Order, CIT Court No. 11–00415, Slip Op.
12–110 (August 29, 2012) (Remand Results).
3 See Far Eastern New Century Corporation v.
United States, Slip-Op. 12–110 (CIT 2012) (FENC
Remand Order).
4 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
5 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
6 See Certain Polyester Staple Fiber From Taiwan:
Final Results of Antidumping Duty Administrative
Review, 76 FR 57955 (September 19, 2011).
VerDate Mar<15>2010
14:30 Nov 30, 2012
Jkt 229001
DATES:
Effective Date: November 26,
2012.7
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani or Minoo Hatten,
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) 482–0198 or (202) 482–
1690.
SUPPLEMENTARY INFORMATION:
Background
Subsequent to completion of its
administrative review under the
antidumping duty order on polyester
staple fiber from Taiwan, FENC
challenged certain aspects of the
Department’s Final Results at the CIT.
On August 29, 2012, the CIT remanded
to the Department its calculation of
FENC’s dumping margin to correct
certain ministerial errors.8 The
Department filed its Remand Results on
October 15, 2012. On November 14,
2012, the CIT upheld the Department’s
Remand Results wherein we
recalculated FENC’s dumping margin
employing the results of the Final
Results’ comparison market calculations
rather than those calculated for the
Preliminary Results.9
Timken Notice
In its decision in Timken, as clarified
by Diamond Sawblades, the CAFC has
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.10 The
CIT’s November 14, 2012, judgment
sustaining the Remand Results
constitutes a final decision of that court
that is not in harmony with the 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
7 Because the deadline, November 24, 2012, falls
on a Saturday, the deadline is postponed until the
next business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, as Amended, 70 FR 24533
(May 10, 2005).
8 See FENC Remand Order.
9 See Certain Polyester Staple Fiber From Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 22366 (April 21,
2011).
10 See Timken, 893 F.2d at 341.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
decision. The cash deposit rate will
remain the company-specific rate
established for the subsequent and most
recent period during which the
respondent was reviewed.
Amended Final Results
Because there is now a final court
decision with respect to FENC, we are
amending the Final Results with respect
to the margin for FENC. The revised
dumping margin is as follows:
Producer and exporter
Weightedaverage
margin
(percent)
Far Eastern New Century
Corporation .......................
0.75
If 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 produced and
exported by FENC during the POR at
0.75 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.
[FR Doc. 2012–29041 Filed 11–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
E:\FR\FM\03DEN1.SGM
03DEN1
Agencies
[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Page 71579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29041]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Polyester Staple Fiber From Taiwan: Notice of Court Decision Not
in Harmony With Final Results of Administrative Review and Amended
Final Results of Antidumping Duty Order Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 14, 2012,\1\ the United States Court of
International Trade (``CIT'') sustained the Department of Commerce's
(``the Department'') results of redetermination \2\ pursuant to the
CIT's FENC Remand Order.\3\
---------------------------------------------------------------------------
\1\ See Far Eastern New Century Corporation v. United States,
Slip-Op. 12-136 (CIT 2012).
\2\ See Results of Redetermination Pursuant to Remand Order, CIT
Court No. 11-00415, Slip Op. 12-110 (August 29, 2012) (Remand
Results).
\3\ See Far Eastern New Century Corporation v. United States,
Slip-Op. 12-110 (CIT 2012) (FENC 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 Final
Results \6\ and is amending the final results of the administrative
review of the antidumping duty order on polyester staple fiber from
Taiwan covering the period of review (``POR'') May 1, 2009, through
April 30, 2010, with respect to the margin assigned to Far Eastern New
Century Corporation (``FENC'').
---------------------------------------------------------------------------
\4\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\5\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\6\ See Certain Polyester Staple Fiber From Taiwan: Final
Results of Antidumping Duty Administrative Review, 76 FR 57955
(September 19, 2011).
DATES: Effective Date: November 26, 2012.\7\
---------------------------------------------------------------------------
\7\ Because the deadline, November 24, 2012, falls on a
Saturday, the deadline is postponed until the next business day. See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, as Amended, 70 FR 24533 (May 10, 2005).
FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Minoo Hatten, 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-
---------------------------------------------------------------------------
0198 or (202) 482-1690.
SUPPLEMENTARY INFORMATION:
Background
Subsequent to completion of its administrative review under the
antidumping duty order on polyester staple fiber from Taiwan, FENC
challenged certain aspects of the Department's Final Results at the
CIT. On August 29, 2012, the CIT remanded to the Department its
calculation of FENC's dumping margin to correct certain ministerial
errors.\8\ The Department filed its Remand Results on October 15, 2012.
On November 14, 2012, the CIT upheld the Department's Remand Results
wherein we recalculated FENC's dumping margin employing the results of
the Final Results' comparison market calculations rather than those
calculated for the Preliminary Results.\9\
---------------------------------------------------------------------------
\8\ See FENC Remand Order.
\9\ See Certain Polyester Staple Fiber From Taiwan: Preliminary
Results of Antidumping Duty Administrative Review, 76 FR 22366
(April 21, 2011).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, as clarified by Diamond Sawblades, the
CAFC has 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.\10\ The CIT's November 14, 2012,
judgment sustaining the Remand Results constitutes a final decision of
that court that is not in harmony with the 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.
The cash deposit rate will remain the company-specific rate established
for the subsequent and most recent period during which the respondent
was reviewed.
---------------------------------------------------------------------------
\10\ See Timken, 893 F.2d at 341.
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision with respect to FENC,
we are amending the Final Results with respect to the margin for FENC.
The revised dumping margin is as follows:
------------------------------------------------------------------------
Weighted-
Producer and exporter average margin
(percent)
------------------------------------------------------------------------
Far Eastern New Century Corporation.................... 0.75
------------------------------------------------------------------------
If 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
produced and exported by FENC during the POR at 0.75 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.
[FR Doc. 2012-29041 Filed 11-30-12; 8:45 am]
BILLING CODE 3510-DS-P