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]

Download as PDF 52500 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices dealer, must submit to NOAA’s National Marine Fisheries Service (NMFS) 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 electronic reporting mechanisms approved by NMFS. The information obtained is used by economists, biologists, and managers in the management of the fisheries. The data collection parameters are consistent with the current requirements for Federal dealers under the authority of 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, DC 20230 (or via the Internet at JJessup@ doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov. 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: http://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]


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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

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: 
http://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'').

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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