Hand Trucks and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 25945-25946 [2013-10531]
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Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
program. The reduced cost of the SFCP
and the increased surveillance achieved
through the revised program will allow
APHIS to continue to move efficiently
toward full scrapie eradication.
If a participant with a flock currently
in the Complete Monitored category
chooses to join the Export Monitored
category instead of the Select Monitored
category, the flock will become an
Export Monitored flock with the same
status date that it held on its conversion
date. If it is a Certified flock, it will
become an Export Monitored flock with
5 years of time in status. APHIS will list
the flock as both an Export Monitored
flock and a Certified flock on its Web
site for 3 years or until it achieves
Export Certified status. After 3 years,
flocks that have not achieved Export
Certified status would be listed only as
Export Monitored. Most former Certified
flocks that join should be able to
achieve Export Certified status within 2
years, since Certified status required 5
years of successful monitoring and
Export Certified status requires 7 years.
We welcome public comment on this
notice and the proposed revisions to the
SFCP program standards. If no
substantive changes to the revised SFCP
are deemed necessary by the APHIS
Administrator, the revised SFCP
program will come into effect 7 days
after the close of the comment period for
this notice. If substantive changes are
deemed necessary, we will publish an
additional document in the Federal
Register to discuss them; otherwise, the
final version of the revised SFCP
program standards will be announced
and made available on the APHIS Web
site at https://www.aphis.usda.gov/
animal_health/animal_diseases/
scrapie/.
Done in Washington, DC, this 29th day of
April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2013–10543 Filed 5–2–13; 8:45 am]
erowe on DSK2VPTVN1PROD with NOTICES
BILLING CODE 3410–34–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With Final Scope Ruling and
Notice of Amended Final Scope Ruling
Pursuant to Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 24, 2013, the United
States Court of International Trade (CIT)
sustained the Department of
Commerce’s (the Department’s) final
results of remand determination,
regarding the scope of the Hand Trucks
Order 1 excluding the WelCom Products
MCK Magna Cart pursuant to the CIT’s
remand order in WelCom Products, Inc.
v. United States, Court No. 11–00370,
Slip Op. 12–124 (September 27, 2012)
(WelCom). See Results of
Redetermination Pursuant to Court
Order, Court No. 11–00370, dated
December 20, 2012 (WelCom MCK
Magna Cart Remand Results). Consistent
with the decision of the United States
Court of Appeals for the Federal Circuit
(Federal Circuit) 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 scope ruling
and is amending its final scope ruling
on WelCom Products’ MCK Magna Cart.
See the memorandum entitled ‘‘Hand
Trucks and Certain Parts Thereof from
the People’s Republic of China (PRC):
Final Scope Ruling—WelCom Products
MC2 Magna Cart, MCI Magna Cart, and
MCK Magna Cart,’’ dated September 6,
2011 (Final Scope Ruling).
DATES: Effective Date: May 4, 2013.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import
Administration—International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC, 20230;
telephone (202) 482–1131 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
1 See
Notice of Antidumping Duty Order: Hand
Trucks and Certain Parts Thereof From the People’s
Republic of China, 69 FR 70122 (December 2, 2004)
(Hand Trucks Order).
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14:52 May 02, 2013
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25945
Background
On October 12, 2010, WelCom
Products (WelCom) submitted a request
inquiring whether three of its products,
the MC2 Magna Cart, MCI Magna Cart,
and MCK Magna Cart, are outside of the
scope of the Hand Trucks Order. In the
Final Scope Ruling, the Department
found the MC2 Magna Cart and the MCI
Magna Cart are not within the scope of
the hand trucks order, but the MCK
Magna Cart is within the scope of the
Hand Trucks Order. WelCom
challenged the Department’s final
determination with respect to the MCK
Magna Cart, and U.S. producer Gleason
Industries challenged the Department’s
final determination with respect to the
MC2 Magna Cart and the MCI Magna
Cart. The Court sustained the
Department’s ruling with respect to the
latter two products, but found the
Department’s decision regarding the
MCK Magna Cart to be unreasonable.
With respect to the MCK Magna Cart,
the Court found the Department had not
justified its conclusion in light of the
Department’s prior scope rulings, and,
therefore, the ruling must be set aside
and reconsidered. The Court ordered the
Department to reconsider its conclusion
that the entire telescoping portion of the
frame must be less than 5/8″ in diameter
in order for a product to meet scope
exclusion language in the order, and to
further consider the record developed in
the ITC injury determination. See
WelCom at 14. Pursuant to the Court’s
order in WelCom, in WelCom MCK
Magna Cart Remand Results we
determined that the MCK Magna Cart is
outside the scope of the Hand Trucks
Order.2 The CIT sustained the
Department’s remand redetermination
on April 24, 2013. See WelCom
Products, Inc. v. United States, Court
Number 11–0370, Slip Op. 1354, April
24, 2013.
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the Federal Circuit 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 April 24, 2013, judgment
sustaining the Department’s remand
redetermination construing the scope of
2 The Department noted that it was conducting
the remand respectfully under protest. See WelCom
MCK Magna Cart Remand Results at 2. See also
Viraj Group, Ltd. v. United States, 343 F.3d 1371
(Fed. Cir. 2003).
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25946
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
the Hand Trucks Order as not covering
WelCom’s MCK Magna Cart constitutes
a final decision of that court that is not
in harmony with the Department’s Final
Scope Ruling. This notice is published
in fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of WelCom’s
MCK Magna Cart from the PRC pending
the expiration of the period of appeal or,
if appealed, pending a final and
conclusive court decision. The cash
deposit rate on WelCom’s MCK Magna
Cart will be zero percent.
Amended Final Scope Ruling
Because there is now a final court
decision with respect to WelCom’s MCK
Magna Cart, the Department amends its
final scope ruling and now finds that
the scope of the Hand Trucks Order
does not cover WelCom’s MCK Magna
Cart. The Department will instruct U.S.
Customs and Border Protection (CBP)
that the cash deposit rate on WelCom’s
MCK Magna Cart will be zero percent.
In the event the CIT’s ruling is not
appealed or, if appealed, upheld by the
Federal Circuit, the Department will
instruct CBP to liquidate entries of
WelCom’s MCK Magna Cart without
regard to antidumping duties, and to lift
suspension of liquidation of such
entries.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: April 29, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–10531 Filed 5–2–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–986]
Hardwood and Decorative Plywood
From the People’s Republic of China:
Antidumping Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 3, 2013.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that hardwood and
decorative plywood (‘‘plywood’’) from
the People’s Republic of China (‘‘PRC’’)
is being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733 of
the Tariff Act of 1930, as amended (‘‘the
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AGENCY:
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Act’’). The period of investigation
(‘‘POI’’) is January 1, 2012, through June
30, 2012. The estimated margins of sales
at LTFV are shown in the ‘‘Preliminary
Determination’’ section of this notice.
The final determination will be issued
75 days after publication of this
preliminary determination in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry or Kabir Archuletta,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–7906 or (202) 482–
2593, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise subject to this
investigation is hardwood and
decorative plywood. Hardwood and
decorative plywood is a flat panel
composed of an assembly of two or
more layers or plies of wood veneers in
combination with a core. The veneers,
along with the core, are glued or
otherwise bonded together to form a
finished product. A hardwood and
decorative plywood panel must have
face and back veneers which are
composed of one or more species of
hardwoods, softwoods, or bamboo.
Hardwood and decorative plywood may
include products that meet the
American National Standard for
Hardwood and Decorative Plywood,
ANSI/HPVA HP–1–2009.
All hardwood and decorative
plywood is included within the scope of
this investigation, without regard to
dimension (overall thickness, thickness
of face veneer, thickness of back veneer,
thickness of core, thickness of inner
veneers, width, or length). However, the
most common panel sizes of hardwood
and decorative plywood are 1219 × 1829
mm (48 × 72 inches), 1219 × 2438 mm
(48 × 96 inches), and 1219 × 3048 mm
(48 × 120 inches).
A ‘‘veneer’’ is a thin slice of wood
which is rotary cut, sliced or sawed
from a log, bolt or flitch. The face veneer
is the exposed veneer of a hardwood
and decorative plywood product which
is of a superior grade than that of the
back veneer, which is the other exposed
veneer of the product (i.e., as opposed
to the inner veneers). When the two
exposed veneers are of equal grade,
either one can be considered the face or
back veneer. For products that are
entirely composed of veneer, such as
Veneer Core Platforms, the exposed
veneers are to be considered the face
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and back veneers, in accordance with
the descriptions above.
The core of hardwood and decorative
plywood consists of the layer or layers
of one or more material(s) that are
situated between the face and back
veneers. The core may be composed of
a range of materials, including but not
limited to veneers, particleboard, and
medium-density fiberboard (‘‘MDF’’).
All hardwood and decorative
plywood is included within the scope of
this investigation regardless of whether
or not the face and/or back veneers are
surface coated, unless the surface
coating obscures the grain, texture or
markings of the wood. Examples of
surface coatings which may not obscure
the grain, texture or markings of the
wood include, but are not limited to,
ultra-violet light cured polyurethanes,
oil or oil-modified or water based
polyurethanes, wax, epoxy-ester
finishes, and moisture-cured urethanes.
Hardwood and decorative plywood that
has face and/or back veneers which
have an opaque surface coating which
obscures the grain, texture or markings
of the wood, are not included within the
scope of this investigation. Examples of
surface coatings which may obscure the
grain, texture or markings of wood
include, but are not limited to, paper,
aluminum, high pressure laminate
(‘‘HPL’’), MDF, medium density overlay
(‘‘MDO’’), and phenolic film).
Additionally, the face veneer of
hardwood and decorative plywood may
be sanded, smoothed or given a
‘‘distressed’’ appearance through such
methods as hand-scraping or wire
brushing. The face veneer may be
stained.
The scope of the investigation
excludes the following items: (1)
Structural plywood (also known as
‘‘industrial plywood’’ or ‘‘industrial
panels’’) that is manufactured and
stamped to meet U.S. Products Standard
PS 1–09 for Structural Plywood
(including any revisions to that standard
or any substantially equivalent
international standard intended for
structural plywood), including but not
limited to the ‘‘bond performance’’
requirements set forth at paragraph
5.8.6.4 of that Standard and the
performance criteria detailed at Table 4
through 10 of that Standard; (2)
products which have a face and back
veneer of cork; (3) multilayered wood
flooring, as described in the
antidumping duty and countervailing
duty orders on Multilayered Wood
Flooring from the People’s Republic of
China, Import Administration,
International Trade Administration,
U.S. Department of Commerce
Investigation Nos. A–570–970 and C–
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Agencies
[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 25945-25946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10531]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Notice of Court Decision Not in Harmony With Final Scope
Ruling and Notice of Amended Final Scope Ruling Pursuant to Court
Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 24, 2013, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (the Department's)
final results of remand determination, regarding the scope of the Hand
Trucks Order \1\ excluding the WelCom Products MCK Magna Cart pursuant
to the CIT's remand order in WelCom Products, Inc. v. United States,
Court No. 11-00370, Slip Op. 12-124 (September 27, 2012) (WelCom). See
Results of Redetermination Pursuant to Court Order, Court No. 11-00370,
dated December 20, 2012 (WelCom MCK Magna Cart Remand Results).
Consistent with the decision of the United States Court of Appeals for
the Federal Circuit (Federal Circuit) 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 scope ruling and is amending its final scope ruling on WelCom
Products' MCK Magna Cart. See the memorandum entitled ``Hand Trucks and
Certain Parts Thereof from the People's Republic of China (PRC): Final
Scope Ruling--WelCom Products MC2 Magna Cart, MCI Magna Cart, and MCK
Magna Cart,'' dated September 6, 2011 (Final Scope Ruling).
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Hand Trucks and
Certain Parts Thereof From the People's Republic of China, 69 FR
70122 (December 2, 2004) (Hand Trucks Order).
---------------------------------------------------------------------------
DATES: Effective Date: May 4, 2013.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration--International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-
1131 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 2010, WelCom Products (WelCom) submitted a request
inquiring whether three of its products, the MC2 Magna Cart, MCI Magna
Cart, and MCK Magna Cart, are outside of the scope of the Hand Trucks
Order. In the Final Scope Ruling, the Department found the MC2 Magna
Cart and the MCI Magna Cart are not within the scope of the hand trucks
order, but the MCK Magna Cart is within the scope of the Hand Trucks
Order. WelCom challenged the Department's final determination with
respect to the MCK Magna Cart, and U.S. producer Gleason Industries
challenged the Department's final determination with respect to the MC2
Magna Cart and the MCI Magna Cart. The Court sustained the Department's
ruling with respect to the latter two products, but found the
Department's decision regarding the MCK Magna Cart to be unreasonable.
With respect to the MCK Magna Cart, the Court found the Department had
not justified its conclusion in light of the Department's prior scope
rulings, and, therefore, the ruling must be set aside and reconsidered.
The Court ordered the Department to reconsider its conclusion that the
entire telescoping portion of the frame must be less than 5/8'' in
diameter in order for a product to meet scope exclusion language in the
order, and to further consider the record developed in the ITC injury
determination. See WelCom at 14. Pursuant to the Court's order in
WelCom, in WelCom MCK Magna Cart Remand Results we determined that the
MCK Magna Cart is outside the scope of the Hand Trucks Order.\2\ The
CIT sustained the Department's remand redetermination on April 24,
2013. See WelCom Products, Inc. v. United States, Court Number 11-0370,
Slip Op. 1354, April 24, 2013.
---------------------------------------------------------------------------
\2\ The Department noted that it was conducting the remand
respectfully under protest. See WelCom MCK Magna Cart Remand Results
at 2. See also Viraj Group, Ltd. v. United States, 343 F.3d 1371
(Fed. Cir. 2003).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the Federal Circuit 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 April 24, 2013,
judgment sustaining the Department's remand redetermination construing
the scope of
[[Page 25946]]
the Hand Trucks Order as not covering WelCom's MCK Magna Cart
constitutes a final decision of that court that is not in harmony with
the Department's Final Scope Ruling. This notice is published in
fulfillment of the publication requirements of Timken. Accordingly, the
Department will continue the suspension of liquidation of WelCom's MCK
Magna Cart from the PRC pending the expiration of the period of appeal
or, if appealed, pending a final and conclusive court decision. The
cash deposit rate on WelCom's MCK Magna Cart will be zero percent.
Amended Final Scope Ruling
Because there is now a final court decision with respect to
WelCom's MCK Magna Cart, the Department amends its final scope ruling
and now finds that the scope of the Hand Trucks Order does not cover
WelCom's MCK Magna Cart. The Department will instruct U.S. Customs and
Border Protection (CBP) that the cash deposit rate on WelCom's MCK
Magna Cart will be zero percent. In the event the CIT's ruling is not
appealed or, if appealed, upheld by the Federal Circuit, the Department
will instruct CBP to liquidate entries of WelCom's MCK Magna Cart
without regard to antidumping duties, and to lift suspension of
liquidation of such entries.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: April 29, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-10531 Filed 5-2-13; 8:45 am]
BILLING CODE 3510-DS-P