Fresh Garlic 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, 44928-44929 [2013-17903]

Download as PDF 44928 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Notices (3) Commissioners and staff reports (4) Discussion and presentations concerning Arctic research activities The focus of the meeting will be Arctic research activities in Unalaska, as well as reports and updates on other programs and research projects affecting the Arctic. If you plan to attend this meeting, please notify us via the contact information below. Any person planning to attend who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission of those needs in advance of the meeting. Contact person for further information: John Farrell, Executive Director, U.S. Arctic Research Commission, 703–525–0111 or TDD 703–306–0090. John Farrell, Executive Director. Records generated from this meeting may be inspected and reproduced at the Western Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, www.usccr.gov, or to contact the Western Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Chicago, IL, July 22, 2013. David Mussatt, Acting Chief, Regional Programs Coordination Unit. [FR Doc. 2013–17883 Filed 7–24–13; 8:45 am] BILLING CODE 6335–01–P requirements of the FTZ Act and the Board’s regulations are satisfied; Now, therefore, the Board hereby approves subzone status at the facility of Easton-Bell Sports, Inc., located in Rantoul, Illinois (Subzone 114F), as described in the application and Federal Register notice, subject to the FTZ Act and the Board’s regulations, including Section 400.13. Signed at Washington, DC, this 16th day of July 2013. Paul Piquado, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. 2013–17904 Filed 7–24–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [FR Doc. 2013–17846 Filed 7–24–13; 8:45 am] Foreign-Trade Zones Board COMMISSION ON CIVIL RIGHTS ehiers on DSK2VPTVN1PROD with NOTICES Agenda and Notice of Public Meeting of the Nevada Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the Nevada Advisory Committee (Committee) to the Commission will convene on Friday, August 16, 2013, at 1:00 p.m. and adjourn at approximately 3:00 p.m. at the Department of Employment, Training and Rehabilitation, 2800 East St. Louis Ave., Las Vegas, Nevada 89104. The agenda and purpose of the meeting is for the Committee to plan its project on policing and the administration of justice. Members of the public are entitled to submit written comments. The comments must be received in the Western Regional Office by September 16, 2013. The mailing address is Western Regional Office, U.S. Commission on Civil Rights, 300 N. Los Angeles St., Suite 2010, Los Angeles, CA 90032. Persons wishing to email their comments may do so to atrevino@usccr.gov. Persons that desire additional information should contact the Western Regional Office at (213) 894–3437. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting. VerDate Mar<15>2010 13:49 Jul 24, 2013 Jkt 229001 DEPARTMENT OF COMMERCE [Order No. 1906] BILLING CODE 7555–01–P International Trade Administration Approval of Subzone Status; EastonBell Sports, Inc.; Rantoul, Illinois [A–570–831] Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones Act provides for ‘‘. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR Part 400) provide for the establishment of subzones when existing zone facilities cannot serve the specific use involved; Whereas, the Economic Development Council for Central Illinois, grantee of Foreign-Trade Zone 114, has made application to the Board for the establishment of a subzone at the facility of Easton-Bell Sports, Inc., located in Rantoul, Illinois, (FTZ Docket B–32–2013, docketed 4–16–2013); Whereas, notice inviting public comment has been given in the Federal Register (78 FR 23904–23905, 4–23– 2013) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner, and finds that the PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Fresh Garlic 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 On June 24, 2013, the United States Court of International Trade (‘‘CIT’’ or ‘‘Court’’) sustained the Department of Commerce’s (‘‘Department’’) final results of the third remand redetermination 1 relating to the ninth administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (‘‘PRC’’), pursuant to the CIT’s remand order in Taian Ziyang Food Co., Ltd. v. United States, Court No. 05–00399, Slip. Op. 13–80 (CIT 2013). 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 CIT judgment in this case is not in harmony with the Department’s final results and is amending its final results of the administrative review of the antidumping duty order on fresh garlic from the PRC covering the period of review (‘‘POR’’) of November 1, 2002 SUMMARY: 1 See Department of Commerce Final Remand Results of Redetermination, CIT Court No. 05–399 (January 17, 2012). E:\FR\FM\25JYN1.SGM 25JYN1 44929 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Notices through October 31, 2003, with respect to the weighted-average dumping margins assigned to Zhengzhou Harmoni Spice Co., Ltd., Jinan Yipin Corporation, Ltd., Linshu Dading Private Agricultural Products Co., Ltd., and Sunny Import & Export Co., Ltd. (collectively, ‘‘Respondents’’). DATES: Effective Date: July 5, 2013. FOR FURTHER INFORMATION CONTACT: Eugene Degnan, Office 8, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0414. SUPPLEMENTARY INFORMATION: Background Subsequent to the publication of the Final Results 2 on June 13, 2005, and the Amended Final Results 3 on September 28, 2005, Chinese producers and exporters of fresh garlic filed a complaint with the CIT to challenge various aspects of the Final Results and Amended Final Results of the Department’s ninth administrative review of the antidumping duty order on fresh garlic from the PRC. On June 29, 2009, the Court sustained the Department’s first remand redetermination as to three of 10 issues and remanded the remaining seven for further consideration.4 On July 22, 2011, the Court sustained the Department’s second remand redetermination with regard to four of the seven issues and remanded the remaining three issues, regarding valuation of factors of production for (1) labor, (2) cardboard packing cartons, and (3) plastic jars and lids, for further consideration.5 On June 24, 2013, the Court affirmed the Department’s re-calculation of the surrogate labor wage rate by applying its current methodology of using certain industry-specific labor cost data from the selected surrogate country available during the underlying administrative review.6 The Court also found that domestic producers failed to exhaust their administrative remedies to challenge surrogate value decisions concerning the cardboard packing cartons and plastic jars and lids because they did not submit comments on the Department’s draft redetermination.7 Lastly, the Court found that the Department’s use of the ‘‘near perfect’’ price quotes, instead of ‘‘distorted import statistics,’’ as the surrogate value for the cartons, jars and lids was supported by substantial evidence.8 Timken Notice In its decision in Timken, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(c) 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 June 24, 2013, judgment in this case constitutes a final decision of that court that is not in harmony with the Department’s final results of the administrative review. 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 expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Results Because there is now a final court decision with respect to this case, the Department is amending its Final Results and Amended Final Results with respect to the Respondents’ weighted-average dumping margins for the period November 1, 2002 through October 31, 2003. The revised weightedaverage dumping margins are as follows: Weightedaverage dumping margin (percent) Exporter Zhengzhou Harmoni Spice Co., Ltd ................................................................................................................................................ Jinan Yipin Corporation, Ltd ............................................................................................................................................................ Linshu Dading Private Agricultural Products Co., Ltd ..................................................................................................................... Sunny Import & Export Co., Ltd ...................................................................................................................................................... ehiers on DSK2VPTVN1PROD with NOTICES In the event that the CIT’s ruling is not appealed, or if appealed, upheld by the CAFC, because the above margins are zero, the Department will instruct CBP to liquidate entries of subject merchandise exported by the Respondents without regard to dumping duties. This notice is issued and published in accordance with section 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: July 19, 2013. Paul Piquado, Assistant Secretary for Import Administration. 2 See Fresh Garlic from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 70 FR 34082 (June 13, 2005) (‘‘Final Results’’). 3 See Notice of Amended Final Results of Antidumping Duty Administrative Review: Garlic From the People’s Republic of China, 70 FR 56639 (September 28, 2005) (‘‘Amended Final Results’’). 4 See Taian Ziyang Food Co., Ltd. v. United States, 637 F. Supp. 2d 1093 (CIT 2009) (sustaining application of adverse facts available to the Taian Ziyang Food Company, Ltd.’s and Taian Fook Huat Tong Kee Foodstuffs Co., Ltd.’s factors of production). 5 See Taian Ziyang Food Co., Ltd. v. United States, 783 F. Supp. 2d 1292 (CIT 2011). VerDate Mar<15>2010 13:49 Jul 24, 2013 Jkt 229001 0.00 0.00 0.00 0.00 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [FR Doc. 2013–17903 Filed 7–24–13; 8:45 am] RIN 0648–XC778 BILLING CODE 3510–DS–P New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 6 See Taian Ziyang Food Co., Ltd. v. United States, Court No. 05–00399, Slip. Op. 13–80 (CIT 2013). 7 Id. 8 Id. E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Pages 44928-44929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17903]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic 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

SUMMARY: On June 24, 2013, the United States Court of International 
Trade (``CIT'' or ``Court'') sustained the Department of Commerce's 
(``Department'') final results of the third remand redetermination \1\ 
relating to the ninth administrative review of the antidumping duty 
order on fresh garlic from the People's Republic of China (``PRC''), 
pursuant to the CIT's remand order in Taian Ziyang Food Co., Ltd. v. 
United States, Court No. 05-00399, Slip. Op. 13-80 (CIT 2013). 
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 CIT judgment in this case is not in harmony with the 
Department's final results and is amending its final results of the 
administrative review of the antidumping duty order on fresh garlic 
from the PRC covering the period of review (``POR'') of November 1, 
2002

[[Page 44929]]

through October 31, 2003, with respect to the weighted-average dumping 
margins assigned to Zhengzhou Harmoni Spice Co., Ltd., Jinan Yipin 
Corporation, Ltd., Linshu Dading Private Agricultural Products Co., 
Ltd., and Sunny Import & Export Co., Ltd. (collectively, 
``Respondents'').
---------------------------------------------------------------------------

    \1\ See Department of Commerce Final Remand Results of 
Redetermination, CIT Court No. 05-399 (January 17, 2012).

---------------------------------------------------------------------------
DATES: Effective Date: July 5, 2013.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan, Office 8, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0414.

SUPPLEMENTARY INFORMATION:

Background

    Subsequent to the publication of the Final Results \2\ on June 13, 
2005, and the Amended Final Results \3\ on September 28, 2005, Chinese 
producers and exporters of fresh garlic filed a complaint with the CIT 
to challenge various aspects of the Final Results and Amended Final 
Results of the Department's ninth administrative review of the 
antidumping duty order on fresh garlic from the PRC.
---------------------------------------------------------------------------

    \2\ See Fresh Garlic from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review, 70 FR 34082 (June 
13, 2005) (``Final Results'').
    \3\ See Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Garlic From the People's Republic of China, 
70 FR 56639 (September 28, 2005) (``Amended Final Results'').
---------------------------------------------------------------------------

    On June 29, 2009, the Court sustained the Department's first remand 
redetermination as to three of 10 issues and remanded the remaining 
seven for further consideration.\4\ On July 22, 2011, the Court 
sustained the Department's second remand redetermination with regard to 
four of the seven issues and remanded the remaining three issues, 
regarding valuation of factors of production for (1) labor, (2) 
cardboard packing cartons, and (3) plastic jars and lids, for further 
consideration.\5\
---------------------------------------------------------------------------

    \4\ See Taian Ziyang Food Co., Ltd. v. United States, 637 F. 
Supp. 2d 1093 (CIT 2009) (sustaining application of adverse facts 
available to the Taian Ziyang Food Company, Ltd.'s and Taian Fook 
Huat Tong Kee Foodstuffs Co., Ltd.'s factors of production).
    \5\ See Taian Ziyang Food Co., Ltd. v. United States, 783 F. 
Supp. 2d 1292 (CIT 2011).
---------------------------------------------------------------------------

    On June 24, 2013, the Court affirmed the Department's re-
calculation of the surrogate labor wage rate by applying its current 
methodology of using certain industry-specific labor cost data from the 
selected surrogate country available during the underlying 
administrative review.\6\ The Court also found that domestic producers 
failed to exhaust their administrative remedies to challenge surrogate 
value decisions concerning the cardboard packing cartons and plastic 
jars and lids because they did not submit comments on the Department's 
draft redetermination.\7\ Lastly, the Court found that the Department's 
use of the ``near perfect'' price quotes, instead of ``distorted import 
statistics,'' as the surrogate value for the cartons, jars and lids was 
supported by substantial evidence.\8\
---------------------------------------------------------------------------

    \6\ See Taian Ziyang Food Co., Ltd. v. United States, Court No. 
05-00399, Slip. Op. 13-80 (CIT 2013).
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(c) 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 June 24, 2013, judgment in 
this case constitutes a final decision of that court that is not in 
harmony with the Department's final results of the administrative 
review. 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 expiration 
of the period of appeal or, if appealed, pending a final and conclusive 
court decision.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results and Amended Final 
Results with respect to the Respondents' weighted-average dumping 
margins for the period November 1, 2002 through October 31, 2003. The 
revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                            Weighted-
                       Exporter                          average dumping
                                                        margin (percent)
------------------------------------------------------------------------
Zhengzhou Harmoni Spice Co., Ltd......................              0.00
Jinan Yipin Corporation, Ltd..........................              0.00
Linshu Dading Private Agricultural Products Co., Ltd..              0.00
Sunny Import & Export Co., Ltd........................              0.00
------------------------------------------------------------------------

    In the event that the CIT's ruling is not appealed, or if appealed, 
upheld by the CAFC, because the above margins are zero, the Department 
will instruct CBP to liquidate entries of subject merchandise exported 
by the Respondents without regard to dumping duties.
    This notice is issued and published in accordance with section 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-17903 Filed 7-24-13; 8:45 am]
BILLING CODE 3510-DS-P