Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: 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, 9363-9364 [2013-02911]
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Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices
ownership, control, or position of
responsibility in the conduct of trade or
related services may also be made
subject to the provisions of this Order.
FOURTH, that this Order does not
prohibit any export, reexport, or other
transaction subject to the EAR where the
only items involved that are subject to
the EAR are the foreign-produced direct
product of U.S.-origin technology.
In accordance with the provisions of
Sections 766.24(e) of the EAR, Mahan
Airways and/or Zarand Aviation may, at
any time, appeal this Order by filing a
full written statement in support of the
appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022. In accordance with the provisions
of Sections 766.23(c)(2) and 766.24(e)(3)
of the EAR, Gatewick LLC, Mahmoud
Amini, Kosarian Fard, Kerman Aviation,
Sirjanco Trading LLC, Ali Eslamian,
Mahan Air General Trading LLC, Skyco
(UK) Ltd., Equipco (UK) Ltd., and/or
Medhi Bahrami may, at any time, appeal
their inclusion as a related person by
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Mahan
Airways and/or Zarand Aviation as
provided in Section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce for Export
Enforcement, which must be received
not later than seven days before the
expiration date of the Order.
A copy of this Order shall be provided
to Mahan Airways, Zarand Aviation and
each related person and shall be
published in the Federal Register. This
Order is effective immediately and shall
remain in effect for 180 days.
sroberts on DSK5SPTVN1PROD with NOTICES
Dated: February 4, 2013.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2013–02867 Filed 2–7–13; 8:45 am]
BILLING CODE P
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17:23 Feb 07, 2013
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: 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 January 24, 2013 the
United States Court of International
Trade (‘‘CIT’’) sustained the Department
of Commerce’s (‘‘the Department’’)
results of redetermination, pursuant to
the CIT’s remand order, in Fuwei Films
(Shandong) Co., Ltd. v. United States,
Slip Op. 13–10 (CIT 2013).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 PET
Film Final Results 2 and is amending the
final results with respect to Fuwei Films
(Shandong) Co., Ltd. and Shaoxing
Xiangyu Green Packing Co., Ltd.
DATES: Effective Date: (February 4,
2013) 3.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC, 20230;
telephone: (202) 482–3518.
SUPPLEMENTARY INFORMATION:
AGENCY:
1 See Final Results of Redetermination Pursuant
to Court Remand, Court No. 11–00061, dated
October 15, 2012, available at: https://ia.ita.doc.gov/
remands (‘‘PET Film Final Remand’’); see also
Fuwei Films (Shandong) Co., Ltd. v. United States,
Consol. Court No. 11–00061, Slip Op. 12–69 (CIT
2012) (‘‘Remand Opinion and Order’’).
2 See Polyethylene Terephthalate Film, Sheet, and
Strip From the People’s Republic of China: Final
Results of the First Antidumping Duty
Administrative Review, 76 FR 9753 (February 22,
2011) (‘‘PET Film Final Results’’).
3 Because the deadline, February 3, 2013, falls on
a Sunday, 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).
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9363
Background
On June 1, 2012, the CIT remanded
three issues with respect to the PET
Film Final Results, two of which the
Department requested for voluntary
remand.4 Specifically, the CIT held that:
(1) The Department must correct
Shaoxing Xiangyu Green Packing Co.
Ltd.’s (‘‘Green Packing’’) per unit water
and electricity costs; (2) the Department
must reconsider the surrogate value
(‘‘SV’’) for labor expenses; and (3) the
Department must clarify or reconsider
the SV for polyethylene terephthalate
(‘‘PET’’) chips.
Pursuant to the CIT’s remand
instructions, the Department reexamined record evidence and made the
following changes. First, the Department
revised its calculation of Green
Packing’s reported per-unit water and
electricity consumption. To correct the
error, the Department has assigned
Green Packing’s reported electricity
factor to the calculated water input, and
Green Packing’s reported water factor to
the calculated electricity input, in the
calculation of Green Packing’s cost of
production.
Next, the Department revised its
calculation for the labor SV in
accordance with Labor Methodologies
by using the reported 2008 ILO Chapter
6A data provided under the
International Standard Industrial
Classification Revision.3–D standard,
the most contemporaneous Chapter 6A
data that were available at the time the
Department conducted the underlying
review.5
Finally, the Department revised its
calculation of the PET chip input SV by
using import data exclusively from
Indian harmonized tariff schedule
category 3907.60.10.
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(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.
The CIT’s January 24, 2013, judgment
sustaining the PET Film Final Remand
constitutes a final decision of that court
that is not in harmony with the PET
Film Final Results. This notice is
published in fulfillment of the
4 See
Remand Opinion and Order.
Antidumping Methodologies in Proceedings
Involving Non-Market Economies: Valuing the
Factor of Production: Labor, 76 FR 36092 (June 21,
2011) (‘‘Labor Methodologies’’).
5 See
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08FEN1
9364
Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices
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 companyspecific rate established for the
subsequent and most recent period
during which each respondent was
reviewed.
Amended Final Determination
Because there is now a final court
decision with respect to the PET Film
Final Results, the revised dumping
margins are as follows:
Exporter
Weightedaverage
margin
(percent)
Fuwei Films (Shandong) Co.,
Ltd .....................................
Shaoxing Xiangyu Green
Packing Co., Ltd ...............
0.27
0.00
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–02911 Filed 2–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Notice of
Final Results of 15th Antidumping
Duty Administrative Review, Final No
Shipment Determination and
Revocation of Order, in Part; 2010–
2011
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 certain pasta
from Italy. The period of review (POR)
is July 1, 2010, through June 30, 2011.
The review covers two mandatory
respondents, Pastificio Attilio
Mastromauro Granoro S.r.L. (Granoro),
and Rummo S.p.A. Molino e Pastificio
and its affiliates (Rummo), and five nonselected companies.1 Based on our
sroberts on DSK5SPTVN1PROD with NOTICES
AGENCY:
1 The non-selected companies are: Botticelli
Mediterraneo S.a.r.l. (Botticelli), Fiamma Vesuviana
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analysis of the comments received, we
have made certain changes in the
margin calculations from the
preliminary results for Rummo and its
affiliates. We have made no changes
with respect to Granoro. The final
weighted-average dumping margins for
the reviewed firms are listed below in
the section entitled ‘‘Final Results of
Review.’’
DATES: Effective Date: February 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Granoro) or George
McMahon (Rummo), AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3692 or (202) 482–
1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2012, the Department
published the preliminary results of the
2010–2011 administrative review of the
antidumping duty order on certain pasta
from Italy.2 On October 26, 2012,
Rummo and Granoro submitted a case
brief. On November 5, 2012, the
petitioners submitted a rebuttal brief
with respect to Rummo. On December
26, 2012, the Department issued a
targeted dumping post-preliminary
analysis and invited interested parties to
comment.3 On January 7, 2013, Rummo
filed comments regarding the
Department’s post-preliminary analysis.
On January 10, 2013, the petitioners
field a rebuttal comments to Rummo’s
post-preliminary comments. We
received no comments regarding the
post-preliminary analysis with respect
to Granoro.
Scope of the Order 4
Imports covered by the order are
shipments of certain non-egg dry pasta.
S.r.L. (Fiamma), Industria Alimentare Filiberto
Bianconi 1947 S.p.A. (Filiberto), Pastificio Fratelli
Cellino, S.r.l. (Cellino), and Pastificio Zaffiri
(Zaffiri).
2 See Certain Pasta from Italy: Notice of
Preliminary Results of Antidumping Duty
Administrative Review, 77 FR 46377 (August 3,
2012) (Preliminary Results).
3 See Memorandum to Lynn Fischer Fox, Deputy
Assistant Secretary for Policy and Negotiations from
Gary Taverman, Senior Advisor for Antidumping
and Countervailing Duty Operations, titled 2010/
2011 Review of the Antidumping Duty Order on
Certain Pasta from Italy: Post-Preliminary Analysis
(Post-Preliminary Analysis) dated December 26,
2012.
4 For a complete description, including the
exclusions to the scope, see Preliminary Results. On
October 10, 2012, the Department revised the
‘‘Scope of the Order’’ to recognize the EUauthorized Italian agents for purposes of the
antidumping and countervailing duty orders on
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The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum
for the Final Results of the 15th
Administrative Review of the
Antidumping Duty Order on Certain
Pasta from Italy; 2010–2011,’’ from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Import
Administration, (Issues and Decision
Memorandum), dated concurrently with
this notice and which is hereby adopted
by this notice. A list of the issues which
parties have raised, and to which we
have responded in the Issues and
Decision Memorandum, is attached to
this notice as an Appendix. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available in
the Central Records Unit, main
Commerce Building, Room 7046. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov/frn/. The signed
Issues and Decision Memorandum and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments
received for Rummo, we have
recalculated Rummo’s weighted-average
dumping margin. Rummo’s adjustments
are discussed in detail in the
accompanying final calculation
memorandum.5 As a result of the
aforementioned recalculation of
Rummo’s rate and as we have excluded
pasta from Italy. See Memorandum from Yasmin
Nair to Susan Kuhbach, titled ‘‘Recognition of EU
Organic Certifying Agents for Certifying Organic
Pasta from Italy,’’ dated October 10, 2012, which is
on file in the Department’s CRU. We have adopted
this scope decision in this current administrative
review of certain pasta from Italy.
5 See Memorandum to the File titled ‘‘Calculation
Memorandum for Rummo S.p.A. Molino e Pastificio
and its affiliates (Rummo) for the Final Results of
the 15th Administrative Review of Certain Pasta
from Italy,’’ dated February 1, 2013.
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]]>Agencies
[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Pages 9363-9364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02911]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From the
People's Republic of China: 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 January 24, 2013 the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (``the
Department'') results of redetermination, pursuant to the CIT's remand
order, in Fuwei Films (Shandong) Co., Ltd. v. United States, Slip Op.
13-10 (CIT 2013).\1\
---------------------------------------------------------------------------
\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 11-00061, dated October 15, 2012, available at:
https://ia.ita.doc.gov/remands (``PET Film Final Remand''); see also
Fuwei Films (Shandong) Co., Ltd. v. United States, Consol. Court No.
11-00061, Slip Op. 12-69 (CIT 2012) (``Remand Opinion and Order'').
---------------------------------------------------------------------------
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 PET Film Final Results \2\ and is amending the final
results with respect to Fuwei Films (Shandong) Co., Ltd. and Shaoxing
Xiangyu Green Packing Co., Ltd.
---------------------------------------------------------------------------
\2\ See Polyethylene Terephthalate Film, Sheet, and Strip From
the People's Republic of China: Final Results of the First
Antidumping Duty Administrative Review, 76 FR 9753 (February 22,
2011) (``PET Film Final Results'').
DATES: Effective Date: (February 4, 2013) \3\.
---------------------------------------------------------------------------
\3\ Because the deadline, February 3, 2013, falls on a Sunday,
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: Jonathan Hill, Office 4, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW, Washington, DC,
---------------------------------------------------------------------------
20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2012, the CIT remanded three issues with respect to the
PET Film Final Results, two of which the Department requested for
voluntary remand.\4\ Specifically, the CIT held that: (1) The
Department must correct Shaoxing Xiangyu Green Packing Co. Ltd.'s
(``Green Packing'') per unit water and electricity costs; (2) the
Department must reconsider the surrogate value (``SV'') for labor
expenses; and (3) the Department must clarify or reconsider the SV for
polyethylene terephthalate (``PET'') chips.
---------------------------------------------------------------------------
\4\ See Remand Opinion and Order.
---------------------------------------------------------------------------
Pursuant to the CIT's remand instructions, the Department re-
examined record evidence and made the following changes. First, the
Department revised its calculation of Green Packing's reported per-unit
water and electricity consumption. To correct the error, the Department
has assigned Green Packing's reported electricity factor to the
calculated water input, and Green Packing's reported water factor to
the calculated electricity input, in the calculation of Green Packing's
cost of production.
Next, the Department revised its calculation for the labor SV in
accordance with Labor Methodologies by using the reported 2008 ILO
Chapter 6A data provided under the International Standard Industrial
Classification Revision.3-D standard, the most contemporaneous Chapter
6A data that were available at the time the Department conducted the
underlying review.\5\
---------------------------------------------------------------------------
\5\ See Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, 76 FR
36092 (June 21, 2011) (``Labor Methodologies'').
---------------------------------------------------------------------------
Finally, the Department revised its calculation of the PET chip
input SV by using import data exclusively from Indian harmonized tariff
schedule category 3907.60.10.
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(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. The CIT's January 24, 2013,
judgment sustaining the PET Film Final Remand constitutes a final
decision of that court that is not in harmony with the PET Film Final
Results. This notice is published in fulfillment of the
[[Page 9364]]
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 each respondent was reviewed.
Amended Final Determination
Because there is now a final court decision with respect to the PET
Film Final Results, the revised dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Fuwei Films (Shandong) Co., Ltd......................... 0.27
Shaoxing Xiangyu Green Packing Co., Ltd................. 0.00
------------------------------------------------------------------------
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-02911 Filed 2-7-13; 8:45 am]
BILLING CODE 3510-DS-P
