Extruded Rubber Thread From Malaysia; Notice of Amended Final Results of Antidumping Duty Administrative Review, 58520 [2013-23208]
Download as PDF
58520
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Liu by affiliation,
ownership, control or position of
responsibility in the conduct of trade or
related services may also be subject to
the provisions of this Order if necessary
to prevent evasion of the Order.
IV. This Order does not prohibit any
export, reexport, or other transaction
subject to the Regulations where the
only items involved that are subject to
the Regulations are the foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until March
26, 2023.
VI. In accordance with Part 756 of the
Regulations, Liu may file an appeal of
this Order with the Under Secretary of
Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
comply with the provisions of Part 756
of the Regulations.
VII. A copy of this Order shall be
delivered to the Liu. This Order shall be
published in the Federal Register.
Issued this 18th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–23141 Filed 9–23–13; 8:45 am]
BILLING CODE P
VerDate Mar<15>2010
19:49 Sep 23, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–805]
Extruded Rubber Thread From
Malaysia; Notice of Amended Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: [Insert date of
publication in the Federal Register].
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC, 20230;
telephone (202) 482–3874.
SUPPLEMENTARY INFORMATION:
AGENCY:
Amended Final Results
On March 16, 1998, the Department of
Commerce (the Department) published
the final results of its administrative
review of the antidumping duty order
on extruded rubber thread from
Malaysia.1 The period of review (POR)
is October 1, 1995, through September
30, 1996.
Following the publication of the final
results, Heveafil Sdn. Bhd.2 and Filmax
Sdn. Bhd. (collectively, ‘‘Heveafil’’)
filed a lawsuit with the United States
Court of International Trade (CIT)
challenging the Department’s use of
adverse facts available (AFA) to
determine its dumping margin. On
February 28, 2001, the CIT affirmed the
Department’s Final Results in relevant
part.3
Heveafil appealed the CIT’s February
28, 2001, decision before the Court of
Appeals for the Federal Circuit (CAFC).
On March 19, 2003, the CAFC affirmed
the Department’s use of AFA to
determine Heveafil’s dumping margin in
the Final Results; however, it remanded
to the CIT the specific rate assigned as
AFA because the source of the
corroboration of this rate was
invalidated after the Final Results.4
1 See Extruded Rubber Thread From Malaysia;
Final Results of Antidumping Duty Administrative
Review, 63 FR 12752 (Mar. 16, 1998) (Final Results).
2 Heveafil Sdn. Bhd. is also known as Heveafil
Sdn.
3 See Heveafil et al. v. United States, Slip Op.
2001–23 (CIT 2001). While the CIT remanded to the
Department its duty absorption inquiry, on August
9, 2001, it affirmed the Department’s final results
of remand redetermination on this issue. As the
result of the remand redetermination, the
Department did not change Heveafil’s AFA rate.
4 See Heveafil Sdn. Bhd. v. U.S., 58 Fed. Appx.
843 (Fed. Cir. 2003).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Pursuant to the CAFC’s decision, on
May 28, 2003, the CIT remanded this
case to the Department to assign a new
AFA margin to Heveafil.5 On September
4, 2003, the Department filed its remand
results with the Court, assigning
Heveafil a revised AFA margin of 52.89
percent.6
On June 25, 2013, the United States
and Heveafil entered into an agreement
to settle this dispute and requested a
stipulated judgment. On September 4,
2013, the CIT issued an order of
stipulated judgment. Consistent with
the June 2013 agreement and the
stipulated judgment, we will instruct
U.S. Customs and Border Protection to
liquidate all unliquidated entries of
certain extruded rubber thread from
Malaysia produced and/or exported by
Heveafil, and entered, or withdrawn
from warehouse, for consumption in the
United States during the POR at the rate
of duty in effect at the time of entry.
However, we are not establishing a
revised cash deposit rate for Heveafil
because the antidumping duty order on
extruded rubber thread from Malaysia
was revoked on August 24, 2004, with
an effective date of October 1, 2003.7
We are issuing this determination and
publishing these amended final results
and notice in accordance with 19 U.S.C.
1516a(e).
Dated: September 18, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–23208 Filed 9–23–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Environmental Solutions Toolkit
International Trade
Administration, DOC.
ACTION: Notice and Request for
Comment.
AGENCY:
This notice sets forth a
request for input from U.S. businesses
capable of exporting their goods or
services relevant to (a) arsenic removal
SUMMARY:
5 See Heveafil Sdn. Bhd. and Filati Lastex Sdn.
Bhd. v. United States, Court No. 98–00908 (CIT May
28, 2003).
6 The Court had stayed this litigation pending the
outcome of a challenge to the effective date of the
revocation of the order on extruded rubber thread
from Malaysia. See Extruded Rubber Thread From
Malaysia; Notice of Final Results of Changed
Circumstances Review of the Antidumping Duty
Order and Intent To Revoke Antidumping Duty
Order, 69 FR 51989 (Aug. 24, 2004) (Revocation of
AD Order).
7 See Revocation of AD Order, 69 FR at 51989.
E:\FR\FM\24SEN1.SGM
24SEN1
Agencies
[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Notices]
[Page 58520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23208]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-805]
Extruded Rubber Thread From Malaysia; Notice of Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: [Insert date of publication in the Federal
Register].
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC, 20230; telephone (202) 482-3874.
SUPPLEMENTARY INFORMATION:
Amended Final Results
On March 16, 1998, the Department of Commerce (the Department)
published the final results of its administrative review of the
antidumping duty order on extruded rubber thread from Malaysia.\1\ The
period of review (POR) is October 1, 1995, through September 30, 1996.
---------------------------------------------------------------------------
\1\ See Extruded Rubber Thread From Malaysia; Final Results of
Antidumping Duty Administrative Review, 63 FR 12752 (Mar. 16, 1998)
(Final Results).
---------------------------------------------------------------------------
Following the publication of the final results, Heveafil Sdn.
Bhd.\2\ and Filmax Sdn. Bhd. (collectively, ``Heveafil'') filed a
lawsuit with the United States Court of International Trade (CIT)
challenging the Department's use of adverse facts available (AFA) to
determine its dumping margin. On February 28, 2001, the CIT affirmed
the Department's Final Results in relevant part.\3\
---------------------------------------------------------------------------
\2\ Heveafil Sdn. Bhd. is also known as Heveafil Sdn.
\3\ See Heveafil et al. v. United States, Slip Op. 2001-23 (CIT
2001). While the CIT remanded to the Department its duty absorption
inquiry, on August 9, 2001, it affirmed the Department's final
results of remand redetermination on this issue. As the result of
the remand redetermination, the Department did not change Heveafil's
AFA rate.
---------------------------------------------------------------------------
Heveafil appealed the CIT's February 28, 2001, decision before the
Court of Appeals for the Federal Circuit (CAFC). On March 19, 2003, the
CAFC affirmed the Department's use of AFA to determine Heveafil's
dumping margin in the Final Results; however, it remanded to the CIT
the specific rate assigned as AFA because the source of the
corroboration of this rate was invalidated after the Final Results.\4\
Pursuant to the CAFC's decision, on May 28, 2003, the CIT remanded this
case to the Department to assign a new AFA margin to Heveafil.\5\ On
September 4, 2003, the Department filed its remand results with the
Court, assigning Heveafil a revised AFA margin of 52.89 percent.\6\
---------------------------------------------------------------------------
\4\ See Heveafil Sdn. Bhd. v. U.S., 58 Fed. Appx. 843 (Fed. Cir.
2003).
\5\ See Heveafil Sdn. Bhd. and Filati Lastex Sdn. Bhd. v. United
States, Court No. 98-00908 (CIT May 28, 2003).
\6\ The Court had stayed this litigation pending the outcome of
a challenge to the effective date of the revocation of the order on
extruded rubber thread from Malaysia. See Extruded Rubber Thread
From Malaysia; Notice of Final Results of Changed Circumstances
Review of the Antidumping Duty Order and Intent To Revoke
Antidumping Duty Order, 69 FR 51989 (Aug. 24, 2004) (Revocation of
AD Order).
---------------------------------------------------------------------------
On June 25, 2013, the United States and Heveafil entered into an
agreement to settle this dispute and requested a stipulated judgment.
On September 4, 2013, the CIT issued an order of stipulated judgment.
Consistent with the June 2013 agreement and the stipulated judgment, we
will instruct U.S. Customs and Border Protection to liquidate all
unliquidated entries of certain extruded rubber thread from Malaysia
produced and/or exported by Heveafil, and entered, or withdrawn from
warehouse, for consumption in the United States during the POR at the
rate of duty in effect at the time of entry. However, we are not
establishing a revised cash deposit rate for Heveafil because the
antidumping duty order on extruded rubber thread from Malaysia was
revoked on August 24, 2004, with an effective date of October 1,
2003.\7\
---------------------------------------------------------------------------
\7\ See Revocation of AD Order, 69 FR at 51989.
---------------------------------------------------------------------------
We are issuing this determination and publishing these amended
final results and notice in accordance with 19 U.S.C. 1516a(e).
Dated: September 18, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-23208 Filed 9-23-13; 8:45 am]
BILLING CODE 3510-DS-P