Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of Administrative Review of the Antidumping Duty Order; 2006-2007, 69817 [2013-27973]
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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Polyethylene Retail Carrier Bags From
Thailand: Final Court Decision and
Amended Final Results of
Administrative Review of the
Antidumping Duty Order; 2006–2007
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 18, 2012, the
Court of International Trade (CIT)
entered judgment in KYD Inc. v. United
States, 807 F. Supp. 2d 1372 (CIT
January 18, 2012) (KYD v. United States)
affirming the Department’s results of
redetermination pursuant to remand,
which recalculated the weightedaverage duty margin for polyethylene
retail carrier bags (PRCBs) from
Thailand produced or exported by King
Pac Industrial Co., Ltd. (King Pac) and
Master Packaging Co., Ltd. (Master
Packaging) and imported by KYD Inc.
(KYD) for the period of review (POR) of
August 1, 2006, through July 31, 2007,
to be 94.62 percent. KYD appealed the
CIT’s decision to the Court of Appeals
for the Federal Circuit (CAFC). On May
29, 2013, the CAFC affirmed the
judgment of the CIT.1 The time for
appeal has expired. Accordingly, the
Department is amending the final
results of the administrative review of
the antidumping duty order on PRCBs
from Thailand covering the POR, in
accordance with KYD v. United States.
DATES: Effective Date: November 21,
2013.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0410, and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
On January 15, 2009, the Department
published the final results of the
administrative review of the
antidumping duty order on PRCBs from
Thailand.2 KYD challenged the
1 See KYD Inc. v. United States, Nos. 2012–1533
and 1534, 2013 U.S. App. LEXIS 11984 (Fed. Cir.
May 29, 2013) (affirming the CIT’s judgment
without opinion, in accordance with Rule 36 of the
CAFC’s Rules of Practice).
2 See Polyethylene Retail Carrier Bags from
Thailand: Final Results and Partial Rescission of
VerDate Mar<15>2010
17:17 Nov 20, 2013
Jkt 232001
Department’s selection of adverse facts
available applied to subject
merchandise produced or exported by
King Pac and Master Packaging at the
CIT.
On April 28, 2011, the CIT remanded
for reconsideration, the selected adverse
facts available rate specifically applied
to merchandise both produced or
exported by King Pac and Master
Packaging and imported by KYD.3 On
remand, the Department revisited its
selection of an adverse facts available
rate applied to merchandise produced
or exported by King Pac and Master
Packaging and imported by KYD,
applying a rate of 94.62 percent.4 The
CIT affirmed the Department’s Final
Remand Results on January 18, 2012.5
The CIT subsequently denied KYD’s
motion for reconsideration.6 Upon
appeal, the CAFC affirmed the
Department’s Final Remand Results on
May 29, 2013. KYD did not appeal the
CAFC’s judgment.
Amended Final Results
As the time period for appealing the
CAFC’s affirmation of the CIT’s
judgment has expired, the litigation is
final and conclusive in this proceeding.
Pursuant to section 516A(e) of the Tariff
Act of 1930, as amended, we are,
therefore, amending our final results of
review covering the POR August 1,
2006, through July 31, 2007, to reflect
the findings of the remand
redetermination affirmed in KYD v.
United States.
Accordingly, the Department will
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all subject
merchandise both produced or exported
by King Pac and Master Packaging and
imported by KYD for the period August
1, 2006, through July 31, 2007, at the
rate of 94.62 percent, in accordance
with these amended final results.7 The
Department intends to issue liquidation
instructions to CBP 15 days after
Antidumping Duty Administrative Review, 74 FR
2511 (January 15, 2009) (Final Results).
3 See KYD Inc. v. United States, 779 F. Supp. 2d
1361 (CIT April 28, 2011).
4 See ‘‘Final Results of Redetermination Pursuant
to Remand, KYD Inc. v. United States, Court No.
09–00034, Slip Op. 11–49’’ (August 16, 2011) (Final
Remand Results).
5 See KYD v. United States, 807 F. Supp. 2d at
1378.
6 See KYD Inc. v. United States, 836 F. Supp. 2d
1410 (CIT May 8, 2012).
7 Subsequent to the CIT’s affirmance of the
Department’s remand redetermination, no
administrative review was requested pursuant to 19
CFR 351.213(b) during the applicable anniversary
months for entries of subject merchandise produced
or exported by King Pac and Master Packaging and
imported by KYD.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
69817
publication of these amended final
results in the Federal Register.
Cash Deposit Requirements
The CIT held in its April 28, 2011,
judgment, which remanded the Final
Results to the Department, that the legal
question at issue in this litigation
pertained only to entries imported by
KYD during the POR and did not
pertain to ‘‘future entries whatsoever.’’ 8
Accordingly, in the Final Remand
Results, the Department applied the
94.62 percent rate ‘‘only to the
assessment of antidumping duties on
entries of subject merchandise produced
and/or exported by King Pac or Master
Packaging and imported by KYD during
the period of review.’’ 9 Because the CIT
affirmed the Final Remand Results in
KYD v. United States, no modification
to the Department’s cash deposit
instructions is necessary in this case.
Notification
We are issuing and publishing these
amended final results of administrative
review in accordance with sections
751(a)(1) and 777(i) of the Tariff Act of
1930, as amended.
Dated: November 15, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2013–27973 Filed 11–20–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China:
Preliminary Results and Rescission in
Part of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 21,
2013.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (PRC) covering the
period of review (POR) February 1,
2012, through January 31, 2013. The
Department has preliminarily applied
facts otherwise available with an
AGENCY:
8 See KYD Inc. v. United States, 779 F. Supp. 2d
at 1372.
9 See Final Remand Results, at 21.
E:\FR\FM\21NON1.SGM
21NON1
Agencies
[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Page 69817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27973]
[[Page 69817]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Final Court
Decision and Amended Final Results of Administrative Review of the
Antidumping Duty Order; 2006-2007
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On January 18, 2012, the Court of International Trade (CIT)
entered judgment in KYD Inc. v. United States, 807 F. Supp. 2d 1372
(CIT January 18, 2012) (KYD v. United States) affirming the
Department's results of redetermination pursuant to remand, which
recalculated the weighted-average duty margin for polyethylene retail
carrier bags (PRCBs) from Thailand produced or exported by King Pac
Industrial Co., Ltd. (King Pac) and Master Packaging Co., Ltd. (Master
Packaging) and imported by KYD Inc. (KYD) for the period of review
(POR) of August 1, 2006, through July 31, 2007, to be 94.62 percent.
KYD appealed the CIT's decision to the Court of Appeals for the Federal
Circuit (CAFC). On May 29, 2013, the CAFC affirmed the judgment of the
CIT.\1\ The time for appeal has expired. Accordingly, the Department is
amending the final results of the administrative review of the
antidumping duty order on PRCBs from Thailand covering the POR, in
accordance with KYD v. United States.
---------------------------------------------------------------------------
\1\ See KYD Inc. v. United States, Nos. 2012-1533 and 1534, 2013
U.S. App. LEXIS 11984 (Fed. Cir. May 29, 2013) (affirming the CIT's
judgment without opinion, in accordance with Rule 36 of the CAFC's
Rules of Practice).
---------------------------------------------------------------------------
DATES: Effective Date: November 21, 2013.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0410, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 15, 2009, the Department published the final results of
the administrative review of the antidumping duty order on PRCBs from
Thailand.\2\ KYD challenged the Department's selection of adverse facts
available applied to subject merchandise produced or exported by King
Pac and Master Packaging at the CIT.
---------------------------------------------------------------------------
\2\ See Polyethylene Retail Carrier Bags from Thailand: Final
Results and Partial Rescission of Antidumping Duty Administrative
Review, 74 FR 2511 (January 15, 2009) (Final Results).
---------------------------------------------------------------------------
On April 28, 2011, the CIT remanded for reconsideration, the
selected adverse facts available rate specifically applied to
merchandise both produced or exported by King Pac and Master Packaging
and imported by KYD.\3\ On remand, the Department revisited its
selection of an adverse facts available rate applied to merchandise
produced or exported by King Pac and Master Packaging and imported by
KYD, applying a rate of 94.62 percent.\4\ The CIT affirmed the
Department's Final Remand Results on January 18, 2012.\5\ The CIT
subsequently denied KYD's motion for reconsideration.\6\ Upon appeal,
the CAFC affirmed the Department's Final Remand Results on May 29,
2013. KYD did not appeal the CAFC's judgment.
---------------------------------------------------------------------------
\3\ See KYD Inc. v. United States, 779 F. Supp. 2d 1361 (CIT
April 28, 2011).
\4\ See ``Final Results of Redetermination Pursuant to Remand,
KYD Inc. v. United States, Court No. 09-00034, Slip Op. 11-49''
(August 16, 2011) (Final Remand Results).
\5\ See KYD v. United States, 807 F. Supp. 2d at 1378.
\6\ See KYD Inc. v. United States, 836 F. Supp. 2d 1410 (CIT May
8, 2012).
---------------------------------------------------------------------------
Amended Final Results
As the time period for appealing the CAFC's affirmation of the
CIT's judgment has expired, the litigation is final and conclusive in
this proceeding. Pursuant to section 516A(e) of the Tariff Act of 1930,
as amended, we are, therefore, amending our final results of review
covering the POR August 1, 2006, through July 31, 2007, to reflect the
findings of the remand redetermination affirmed in KYD v. United
States.
Accordingly, the Department will determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all subject
merchandise both produced or exported by King Pac and Master Packaging
and imported by KYD for the period August 1, 2006, through July 31,
2007, at the rate of 94.62 percent, in accordance with these amended
final results.\7\ The Department intends to issue liquidation
instructions to CBP 15 days after publication of these amended final
results in the Federal Register.
---------------------------------------------------------------------------
\7\ Subsequent to the CIT's affirmance of the Department's
remand redetermination, no administrative review was requested
pursuant to 19 CFR 351.213(b) during the applicable anniversary
months for entries of subject merchandise produced or exported by
King Pac and Master Packaging and imported by KYD.
---------------------------------------------------------------------------
Cash Deposit Requirements
The CIT held in its April 28, 2011, judgment, which remanded the
Final Results to the Department, that the legal question at issue in
this litigation pertained only to entries imported by KYD during the
POR and did not pertain to ``future entries whatsoever.'' \8\
Accordingly, in the Final Remand Results, the Department applied the
94.62 percent rate ``only to the assessment of antidumping duties on
entries of subject merchandise produced and/or exported by King Pac or
Master Packaging and imported by KYD during the period of review.'' \9\
Because the CIT affirmed the Final Remand Results in KYD v. United
States, no modification to the Department's cash deposit instructions
is necessary in this case.
---------------------------------------------------------------------------
\8\ See KYD Inc. v. United States, 779 F. Supp. 2d at 1372.
\9\ See Final Remand Results, at 21.
---------------------------------------------------------------------------
Notification
We are issuing and publishing these amended final results of
administrative review in accordance with sections 751(a)(1) and 777(i)
of the Tariff Act of 1930, as amended.
Dated: November 15, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-27973 Filed 11-20-13; 8:45 am]
BILLING CODE 3510-DS-P