Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision, 65289-65290 [2013-26006]

Download as PDF Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Notices Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to AD and CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all proceeding segments initiated on or after May 10, 2013, and thus are applicable to these investigations. Please review the final rule, available at http:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these investigations. mstockstill on DSK4VPTVN1PROD with NOTICES Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.60 Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at 60 See section 782(b) of the Act. VerDate Mar<15>2010 19:21 Oct 30, 2013 Jkt 232001 65289 the end of the Final Rule.61 The Department intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. Extension of Time Limits On September 20, 2013, the Department published Extension of Time Limits, Final Rule, 78 FR 57790 (September 20, 2013), which modified one regulation related to AD and CVD proceedings regarding the extension of time limits for submissions in such proceedings (19 CFR 351.302(c)). These modifications are effective for all segments initiated on or after October 21, 2013, and thus are applicable to these investigations. Please review the final rule, available at http:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm prior to requesting an extension. BILLING CODE 3510–DS–P Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to section 777(i) of the Act. Dated: October 24, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigations The scope of these investigations covers grain-oriented silicon electrical steel (GOES). GOES is a flat-rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths. The GOES that is subject to these investigations is currently classifiable under subheadings 7225.11.0000, 7226.11.1000, 7226.11.9030, and 7226.11.9060 of the Harmonized Tariff Schedule of the United States (HTSUS). 61 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 [FR Doc. 2013–25805 Filed 10–30–13; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–570–900] Diamond Sawblades and Parts Thereof From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 11, 2013, the United States Court of International Trade (‘‘Court’’ or ‘‘CIT’’) issued its final judgment in Advanced Technology & Materials v. United States,1 sustaining the Department of Commerce’s (Department) Second Remand Results.2 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 CIT judgment in this case is not in harmony with the Department’s Final Determination 3 and is amending the Final Determination with respect to the AT&M Entity’s 4 eligibility for a separate AGENCY: 1 Advanced Technology & Materials v. United States, Court No. 09–511, Slip Op. 13–129 (CIT October 11, 2013) (‘‘AT&M v. United States’’). 2 See Final Results of Redetermination Pursuant to Advanced Technology & Materials Co., Ltd., Beijing Gang Yan Diamond Products Company, and Gang Yan Diamond Products, Inc. with Bosun Tools Group Co. Ltd. v. United States and Diamond Sawblades Manufacturers Coalition, Weihai Xiangguang Mechanical Industrial Co., Ltd., and Qingdao Shinhan Diamond Industrial Co., Ltd., Consol. Court No. 09–00511, Slip op. 12–147 (CIT2012), dated May 6, 2013 (‘‘Second Remand Results’’). 3 See Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People’s Republic of China, 71 FR 29303 (May 22, 2006) (‘‘Final Determination’’). 4 The AT&M entity includes: Advanced Technology & Materials Co., Ltd. (‘‘AT&M’’), Beijing Gang Yan Diamond Products Company (‘‘BGY’’), E:\FR\FM\31OCN1.SGM Continued 31OCN1 65290 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Notices rate in the less-than-fair-value investigation. DATES: Effective Date: October 21, 2013. Dated: October 23, 2013 Paul Piquado, Assistant Secretary for Enforcement and Compliance. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2013–26006 Filed 10–30–13; 8:45 am] Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2312. BILLING CODE 3510–DS–P On May 6, 2013, the Department filed the Second Remand Results, in which the Department determined that the AT&M Entity was not entitled to a rate separate from that of the People’s Republic of China (‘‘PRC’’)-wide entity. On October 11, 2013, the Court sustained the Department’s Second Remand Results.5 SUPPLEMENTARY INFORMATION: 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 (‘‘Act’’), the Department must publish a notice of a court decision not ‘‘in harmony’’ with a Department determination, and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s October 11, 2013, judgment constitutes a final decision of the Court that is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirement 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. Since the Final Determination, the Department has established a new cash deposit rate for the AT&M entity.6 Therefore, this amended final determination does not change the AT&M entity’s cash deposit rate. mstockstill on DSK4VPTVN1PROD with NOTICES Amended Final Determination Because there is now a final court decision, we are amending the Final Determination with respect to the AT&M entity’s separate rate status. This notice is issued and published in accordance with sections 516A(e)(1), 735, and 777(i)(1) of the Act. and Yichang HXF Circular Saw Industrial Co., Ltd. (‘‘Yichang HXF’’). 5 See AT&M v. United States. 6 See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2009– 2010, 78 FR 11143 (February 15, 2013). VerDate Mar<15>2010 19:21 Oct 30, 2013 Jkt 232001 DEPARTMENT OF COMMERCE International Trade Administration Request for Applicants for the Appointment to the United States-India CEO Forum Global Markets, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: In 2005, the Governments of the United States and India established the U.S.-India CEO Forum. On February 10, 2012, we published in the Federal Register a ‘‘Request for Applicants for the Appointment to the United StatesIndia CEO Forum’’ (FR Doc. 2012– 3158), announcing membership opportunities for appointment as representatives to the U.S. Section of the Forum, and we appointed ten members to the U.S. Section of the Forum for a two-year term beginning on September 1, 2012. We are now soliciting additional applications for up to two openings from members of the private sector representing either the U.S. health care sector or the U.S. insurance industry sector. This notice supplements the notice of February 10, 2012, and announces membership opportunities for appointment as representatives to the U.S. Section of the Forum’s private sector Committee to serve for the remainder of the current term which ends on August 31, 2014. DATES: Applications should be received no later than 30 days after publication of this Notice. ADDRESSES: Please send requests for consideration to Valerie Dees, Awinash Bawle, and Jed Diemond at the Office of South Asia, U.S. Department of Commerce, either by email at valerie.dees@trade.gov, awinash.bawle@ trade.gov, and jed.diemond@trade.gov or by mail to U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 2310, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Valerie Dees, Director, Office of South Asia, U.S. Department of Commerce, telephone: (202) 482–0477. SUPPLEMENTARY INFORMATION: The U.S.India CEO Forum, consisting of both private and public sector members, brings together leaders of the respective SUMMARY: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 business communities of the United States and India to discuss issues of mutual interest, particularly ways to strengthen the economic and commercial ties between the two countries, and to communicate their joint recommendations to the U.S. and Indian governments. The Forum has U.S. and Indian co-chairs; the U.S. Deputy National Security Advisor for International Economic Affairs, together with the Deputy Chairman of the Planning Commission of India, co-chair the Forum. The Forum includes a Committee comprising private sector members. The Committee will be composed of two Sections, each consisting of 10–12 members from the private sector representing the views and interests of the private sector business community in the United States and India, respectively. Each government will appoint the members to its respective Section. The Committee will provide recommendations to the two governments and their senior officials that reflect private sector views, needs, and concerns about the creation of an environment in which their respective private sectors can partner, thrive, and enhance bilateral commercial ties to expand trade and economic links between the United States and India. The Committee will continue to build on the work done by the Committee to date, including the Forum’s April 2008 and November 2010 reports. On February 10, 2012, we published in the Federal Register a ‘‘Request for Applicants for the Appointment to the United States-India CEO Forum’’ (FR Doc. 2012–3158), announcing membership opportunities for appointment as representatives to the U.S. Section of the Forum. The application period closed on March 26, 2012, and we appointed ten members to the U.S. Section of the Forum for a twoyear term beginning on September 1, 2012. We are now soliciting additional applications for up to two openings from members of the private sector representing either the U.S. health care sector or the U.S. insurance industry sector. This notice supplements the notice of February 10, 2012, and announces membership opportunities for appointment as representatives to the U.S. Section of the Forum’s private sector Committee. Candidates are currently being sought for membership on the U.S. Section of the Forum. Each candidate must be the Chief Executive Officer or President (or have a comparable level of responsibility) of a U.S.-owned or controlled company that is incorporated in and has its main headquarters located E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65289-65290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26006]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof From the People's Republic of 
China: Notice of Court Decision Not in Harmony With Final Determination 
of Sales at Less Than Fair Value and Notice of Amended Final 
Determination of Sales at Less Than Fair Value Pursuant to Court 
Decision

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On October 11, 2013, the United States Court of International 
Trade (``Court'' or ``CIT'') issued its final judgment in Advanced 
Technology & Materials v. United States,\1\ sustaining the Department 
of Commerce's (Department) Second Remand Results.\2\ 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 CIT judgment in this case is not in harmony with the 
Department's Final Determination \3\ and is amending the Final 
Determination with respect to the AT&M Entity's \4\ eligibility for a 
separate

[[Page 65290]]

rate in the less-than-fair-value investigation.
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    \1\ Advanced Technology & Materials v. United States, Court No. 
09-511, Slip Op. 13-129 (CIT October 11, 2013) (``AT&M v. United 
States'').
    \2\ See Final Results of Redetermination Pursuant to Advanced 
Technology & Materials Co., Ltd., Beijing Gang Yan Diamond Products 
Company, and Gang Yan Diamond Products, Inc. with Bosun Tools Group 
Co. Ltd. v. United States and Diamond Sawblades Manufacturers 
Coalition, Weihai Xiangguang Mechanical Industrial Co., Ltd., and 
Qingdao Shinhan Diamond Industrial Co., Ltd., Consol. Court No. 09-
00511, Slip op. 12-147 (CIT2012), dated May 6, 2013 (``Second Remand 
Results'').
    \3\ See Final Determination of Sales at Less Than Fair Value and 
Final Partial Affirmative Determination of Critical Circumstances: 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China, 71 FR 29303 (May 22, 2006) (``Final Determination'').
    \4\ The AT&M entity includes: Advanced Technology & Materials 
Co., Ltd. (``AT&M''), Beijing Gang Yan Diamond Products Company 
(``BGY''), and Yichang HXF Circular Saw Industrial Co., Ltd. 
(``Yichang HXF'').

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DATES: Effective Date: October 21, 2013.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2312.

SUPPLEMENTARY INFORMATION: On May 6, 2013, the Department filed the 
Second Remand Results, in which the Department determined that the AT&M 
Entity was not entitled to a rate separate from that of the People's 
Republic of China (``PRC'')-wide entity. On October 11, 2013, the Court 
sustained the Department's Second Remand Results.\5\
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    \5\ See AT&M v. United States.
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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 (``Act''), the Department 
must publish a notice of a court decision not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The Court's October 11, 2013, 
judgment constitutes a final decision of the Court that is not in 
harmony with the Department's Final Determination. This notice is 
published in fulfillment of the publication requirement 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. 
Since the Final Determination, the Department has established a new 
cash deposit rate for the AT&M entity.\6\ Therefore, this amended final 
determination does not change the AT&M entity's cash deposit rate.
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    \6\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2009-2010, 78 FR 11143 (February 15, 2013).
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Amended Final Determination

    Because there is now a final court decision, we are amending the 
Final Determination with respect to the AT&M entity's separate rate 
status. This notice is issued and published in accordance with sections 
516A(e)(1), 735, and 777(i)(1) of the Act.

     Dated: October 23, 2013
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26006 Filed 10-30-13; 8:45 am]
BILLING CODE 3510-DS-P