Certain Orange Juice From Brazil: 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, 77017 [2012-31446]
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–840]
Certain Orange Juice From Brazil:
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 October 24, 2012, the
United States Court of International
Trade (CIT) sustained the Department of
Commerce’s (the Department’s) results
of redetermination pursuant to the CIT’s
remand order in Fischer S.A. Comercio,
Industria and Agricultura v. United
States, Court No. 10–00281, Slip Op.
12–59 (CIT 2012) (Fischer). The
Department is notifying the public that
the final CIT judgment in this case is not
in harmony with the Department’s final
results and is amending the final results
of the administrative review of the
antidumping duty order on certain
orange juice (OJ) from Brazil covering
the period of review (POR) of March 1,
2008, through February 28, 2009.
DATES: Effective Date: November 5,
2012.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood, AD/CVD
Operations, Office 2, Import
Administration—International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC, 20230;
telephone (202) 482–3874.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On August 18, 2010, the Department
published its final results in the
antidumping duty administrative review
of OJ from Brazil covering the POR of
March 1, 2008, through February 28,
2009. See Certain Orange Juice From
Brazil: Final Results of Antidumping
Duty Administrative Review and Notice
of Intent Not To Revoke Antidumping
Duty Order in Part, 75 FR 50999 (Aug.
18, 2010) (Final Results). In the Final
Results, the Department: 1) denied
offsets to dumping based on constructed
export prices that exceeded normal
value (NV); and 2) included the amount
of a net exchange variation shown on
Fischer S.A. Comercio, Industria, and
Agricultura’s (Fischer’s) financial
statements in its financial expense ratio.
Fischer challenged the Department’s
Final Results. On April 30, 2012, the
VerDate Mar<15>2010
21:28 Dec 28, 2012
Jkt 229001
CIT remanded to the Department its
Final Results, directing the Department
to: (1) Further explain its ‘‘zeroing’’
methodology (i.e., why the Department’s
differing interpretation of section
771(35) of the Tariff Act of 1930, as
amended (the Act), in antidumping duty
investigations and administrative
reviews is reasonable); and (2) exclude
a ‘‘net exchange variation’’ amount
shown in Fischer’s financial statements
from the calculation of the financial
expense ratio.1 On August 14, 2012, the
Department issued its final results of
redetermination. See Final Results of
Redetermination Pursuant to Court
Remand, dated August 14, 2012
(Remand Results) (available at https://
ia.ita.doc.gov/remands). In the Remand
Results, the Department provided the
required explanation with respect to its
‘‘zeroing’’ methodology and recalculated
Fischer’s margin after revising its NV to
remove the ‘‘net exchange variation’’
account from Fischer’s financial
expense ratio. On October 24, 2012, the
CIT sustained the Remand Results.
Timken Notice
Consistent with the decision of the
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 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 ‘‘final
and conclusive’’ court decision. The
CIT’s October 24, 2012, judgment
sustaining the Department’s Remand
Results with respect to Fischer
constitutes such a decision. This notice
is published in fulfillment of the
publication requirements of Timken.
Amended Final Results
Based on the CIT’s affirmation of the
Remand Results, the Department
amends its Final Results, and the
weighted-average margin for Fischer for
the period March 1, 2008, through
February 28, 2009, is 1.18 percent.
The Department will instruct U.S.
Customs and Border Protection to assess
antidumping duties on entries of the
subject merchandise exported during
the POR from Fischer based on the
revised assessment rates calculated by
the Department.
This notice is issued and published in
accordance with sections 516A(c)(1),
751(a)(1), and 777(i)(1) of the Act.
1 See also Order, Ct. No. 10–00281 (CIT June 22,
2012).
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77017
Dated: December 20, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–31446 Filed 12–28–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation
in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with November anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews. The Department
also received a request to revoke one
antidumping duty order in part.
DATES: Effective December 31, 2012.
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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with
November anniversary dates. The
Department also received a timely
request to revoke in part the
antidumping duty order on Fresh Garlic
from the People’s Republic of China
(‘‘PRC’’) for one exporter.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 60 days of
publication of this notice in the Federal
Register. All submissions must be filed
E:\FR\FM\31DEN1.SGM
31DEN1
Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Page 77017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31446]
[[Page 77017]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-840]
Certain Orange Juice From Brazil: 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 October 24, 2012, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (the Department's)
results of redetermination pursuant to the CIT's remand order in
Fischer S.A. Comercio, Industria and Agricultura v. United States,
Court No. 10-00281, Slip Op. 12-59 (CIT 2012) (Fischer). The Department
is notifying the public that the final CIT judgment in this case is not
in harmony with the Department's final results and is amending the
final results of the administrative review of the antidumping duty
order on certain orange juice (OJ) from Brazil covering the period of
review (POR) of March 1, 2008, through February 28, 2009.
DATES: Effective Date: November 5, 2012.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations,
Office 2, Import Administration--International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC, 20230; telephone (202) 482-3874.
SUPPLEMENTARY INFORMATION:
Background
On August 18, 2010, the Department published its final results in
the antidumping duty administrative review of OJ from Brazil covering
the POR of March 1, 2008, through February 28, 2009. See Certain Orange
Juice From Brazil: Final Results of Antidumping Duty Administrative
Review and Notice of Intent Not To Revoke Antidumping Duty Order in
Part, 75 FR 50999 (Aug. 18, 2010) (Final Results). In the Final
Results, the Department: 1) denied offsets to dumping based on
constructed export prices that exceeded normal value (NV); and 2)
included the amount of a net exchange variation shown on Fischer S.A.
Comercio, Industria, and Agricultura's (Fischer's) financial statements
in its financial expense ratio. Fischer challenged the Department's
Final Results. On April 30, 2012, the CIT remanded to the Department
its Final Results, directing the Department to: (1) Further explain its
``zeroing'' methodology (i.e., why the Department's differing
interpretation of section 771(35) of the Tariff Act of 1930, as amended
(the Act), in antidumping duty investigations and administrative
reviews is reasonable); and (2) exclude a ``net exchange variation''
amount shown in Fischer's financial statements from the calculation of
the financial expense ratio.\1\ On August 14, 2012, the Department
issued its final results of redetermination. See Final Results of
Redetermination Pursuant to Court Remand, dated August 14, 2012 (Remand
Results) (available at https://ia.ita.doc.gov/remands). In the Remand
Results, the Department provided the required explanation with respect
to its ``zeroing'' methodology and recalculated Fischer's margin after
revising its NV to remove the ``net exchange variation'' account from
Fischer's financial expense ratio. On October 24, 2012, the CIT
sustained the Remand Results.
---------------------------------------------------------------------------
\1\ See also Order, Ct. No. 10-00281 (CIT June 22, 2012).
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Timken Notice
Consistent with the decision of the 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 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 ``final
and conclusive'' court decision. The CIT's October 24, 2012, judgment
sustaining the Department's Remand Results with respect to Fischer
constitutes such a decision. This notice is published in fulfillment of
the publication requirements of Timken.
Amended Final Results
Based on the CIT's affirmation of the Remand Results, the
Department amends its Final Results, and the weighted-average margin
for Fischer for the period March 1, 2008, through February 28, 2009, is
1.18 percent.
The Department will instruct U.S. Customs and Border Protection to
assess antidumping duties on entries of the subject merchandise
exported during the POR from Fischer based on the revised assessment
rates calculated by the Department.
This notice is issued and published in accordance with sections
516A(c)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: December 20, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-31446 Filed 12-28-12; 8:45 am]
BILLING CODE 3510-DS-P