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, 52500 [2013-20636]
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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices
dealer, must submit to NOAA’s National
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Regional Administrator or to the official
designee, a detailed report of all fish
purchased or received for a commercial
purpose, other than solely for transport
on land by one of the available
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collection parameters are consistent
with the current requirements for
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the Magnuson-Stevens Fishery
Conservation and Management Act.
Affected Public: Business or other forprofit organizations.
Frequency: Weekly.
Respondent’s Obligation: Mandatory.
OMB Desk Officer: OIRA_
Submission@omb.eop.gov.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
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doc.gov).
Written comments and
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Dated: August 19, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–20578 Filed 8–22–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
tkelley on DSK3SPTVN1PROD with NOTICES
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 August 6, 2013, the
United States Court of International
Trade (‘‘CIT’’) sustained the Department
of Commerce’s (the ‘‘Department’’)
results of redetermination, pursuant to
AGENCY:
VerDate Mar<15>2010
18:43 Aug 22, 2013
Jkt 229001
the CIT’s remand order, in Tianjin
Wanhua Co., Ltd. v. United States, Slip
Op. 13–100 (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 Tianjin
Wanhua Co., Ltd. (‘‘Wanhua’’).
DATES: Effective August 16, 2013.
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 April 29, 2013, the CIT granted the
Department’s motion for voluntary
remand in Tianjin Wanhua Co., Ltd. v.
United States to reconsider the separate
rate methodology as applied to Wanhua
with respect to the PET Film Final
Results and the results of the CIT’s
judgment in Fuwei Films (Shandong)
Co., Ltd. v. United States in which the
weighted-average dumping margins for
the mandatory respondents were
revised.3 Pursuant to the CIT’s remand
order, the Department re-examined
record evidence and made changes to
the separate rate applicable to Wanhua.
Specifically, the Department followed
its practice in calculating a separate rate
where the individually investigated
respondents received rates that were
zero, de minimis, or based entirely on
facts available,4 and applied the most
recently determined weighted-average
dumping margin that was not zero, de
minimis, or based entirely on facts
1 See
Final Results of Redetermination Pursuant
to Court Remand, Court No. 11–00070, dated July
22, 2013, available at: https://ia.ita.doc.gov/remands
(‘‘PET Film Final Remand’’).
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 See Fuwei Films (Shandong) Co., Ltd. v. United
States, 895 F. Supp. 2d 1332 (Ct. Int’l Trade 2013);
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, 78 FR 9363 (February 8, 2013).
4 See Section 735(c)(5)(A) of the Tariff Act of
1930, as amended (the ‘‘Act’’).
PO 00000
Frm 00005
Fmt 4703
Sfmt 9990
available. In this case, the Department
pulled forward Wanhua’s separate rate
from the investigation.5
Timken Notice
In its decision in Timken, as clarified
by Diamond Sawblades, the CAFC held
that, pursuant to section 516A(e) 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
‘‘conclusive’’ court decision. The CIT’s
August 6, 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 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
recently completed segment of this
proceeding in which the respondent
was included.
Amended Final Determination
Because there is now a final court
decision with respect to the PET Film
Final Results, the revised weightedaverage dumping margin is as follows:
Exporter
Weightedaverage
dumping
margin
(percent)
Tianjin Wanhua Co., Ltd. ......
3.49
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: August 16, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–20636 Filed 8–22–13; 8:45 am]
BILLING CODE 3510–DS–P
5 See Polyethylene Terephthalate Film, Sheet, and
Strip from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 73
FR 55039, 55041 (September 24, 2008).
E:\FR\FM\23AUN1.SGM
23AUN1
]]>Agencies
[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Page 52500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20636]
-----------------------------------------------------------------------
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 August 6, 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 Tianjin Wanhua Co., Ltd. v. United States, Slip Op.
13-100 (CIT 2013).\1\
---------------------------------------------------------------------------
\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 11-00070, dated July 22, 2013, available at:
https://ia.ita.doc.gov/remands (``PET Film Final Remand'').
---------------------------------------------------------------------------
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 Tianjin Wanhua Co., Ltd. (``Wanhua'').
---------------------------------------------------------------------------
\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 August 16, 2013.
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 April 29, 2013, the CIT granted the Department's motion for
voluntary remand in Tianjin Wanhua Co., Ltd. v. United States to
reconsider the separate rate methodology as applied to Wanhua with
respect to the PET Film Final Results and the results of the CIT's
judgment in Fuwei Films (Shandong) Co., Ltd. v. United States in which
the weighted-average dumping margins for the mandatory respondents were
revised.\3\ Pursuant to the CIT's remand order, the Department re-
examined record evidence and made changes to the separate rate
applicable to Wanhua. Specifically, the Department followed its
practice in calculating a separate rate where the individually
investigated respondents received rates that were zero, de minimis, or
based entirely on facts available,\4\ and applied the most recently
determined weighted-average dumping margin that was not zero, de
minimis, or based entirely on facts available. In this case, the
Department pulled forward Wanhua's separate rate from the
investigation.\5\
---------------------------------------------------------------------------
\3\ See Fuwei Films (Shandong) Co., Ltd. v. United States, 895
F. Supp. 2d 1332 (Ct. Int'l Trade 2013); 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, 78 FR 9363
(February 8, 2013).
\4\ See Section 735(c)(5)(A) of the Tariff Act of 1930, as
amended (the ``Act'').
\5\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 73 FR 55039, 55041 (September 24, 2008).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, as clarified by Diamond Sawblades, the
CAFC held that, pursuant to section 516A(e) 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 ``conclusive'' court decision. The CIT's August 6, 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 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 recently
completed segment of this proceeding in which the respondent was
included.
Amended Final Determination
Because there is now a final court decision with respect to the PET
Film Final Results, the revised weighted-average dumping margin is as
follows:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter margin
(percent)
------------------------------------------------------------------------
Tianjin Wanhua Co., Ltd................................ 3.49
------------------------------------------------------------------------
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: August 16, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-20636 Filed 8-22-13; 8:45 am]
BILLING CODE 3510-DS-P
