Polyethylene Retail Carrier Bags From Thailand: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review; 2009-2010, 72628-72629 [2013-28950]
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72628
Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices
official establishments and plants notify
the Agency by submitting documents
describing the operation and purpose of
the new technology. The documents
should explain why the new technology
will not (1) adversely affect the safety of
the product, (2) jeopardize the safety of
Federal inspection personnel, (3)
interfere with inspection procedures, or
(4) require a waiver of any Agency
regulation. If use of the new technology
will require a waiver of any Agency
regulation, the notice should identify
the regulation and explain why a waiver
would be appropriate. If the new
technology could affect FSIS
regulations, product safety, inspection
procedures, or the safety of inspection
program personnel, the establishment or
plant would need to submit a written
protocol for an in-plant trial as part of
a pre-use review. FSIS expects the
submitter of a written protocol to
provide data to the Agency throughout
the duration of the in-plant trial.
FSIS has made the following
estimates based upon an information
collection assessment:
Estimate of Burden: FSIS estimates
that it will take respondents an average
of 8 hours to complete a notification of
intent to use new technology if no inplant trial is necessary. If an in-plant
trial is necessary, FSIS estimates that it
will take an average of 80 hours to
develop a protocol and an average of 80
more hours to collect data and keep
records during the in-plant trial.
Respondents: Official establishments
and plants; firms that manufacture or
sell technology to official
establishments and plants.
Estimated No. of Respondents: 75
respondents will submit notifications of
intent to use new technology. 50
respondents will develop a protocol for
and conduct an in-plant trial.
Estimated No. of Annual Responses
per Respondent: 1.
Estimated Total Annual Burden on
Respondents: 8,600 hours.
Copies of this information collection
assessment can be obtained from Gina
Kouba, Paperwork Reduction Act
Coordinator, Food Safety and Inspection
Service, USDA, 1400 Independence
Avenue SW., Room 6077, South
Building, Washington, DC 20250;
Telephone: (202) 690–6510.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of FSIS’s functions, including whether
the information will have practical
utility; (b) the accuracy of FSIS’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (c) ways to enhance
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the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques, or other forms of
information technology. Comments may
be sent to both FSIS, at the addresses
provided above, and the Desk Officer for
Agriculture, Office of Information and
Regulatory Affairs, Office of
Management and Budget, Washington,
DC 20253.
Responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Additional Public Notification
FSIS will announce this notice online
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Done at Washington, DC on: November 25,
2013.
Alfred V. Almanza,
Administrator.
[FR Doc. 2013–28841 Filed 12–2–13; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Polyethylene Retail Carrier Bags From
Thailand: Notice of Court Decision Not
in Harmony With Final Results of
Administrative Review and Notice of
Amended Final Results of
Administrative Review; 2009–2010
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 13, 2013, the
United States Court of International
Trade (Court or CIT) issued its final
judgment affirming the Department of
Commerce’s (the Department’s) final
results of the remand redetermination 1
concerning the 2009–2010
administrative review of the
antidumping duty order on
polyethylene retail carrier bags (PRCBs)
from Thailand.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 results of
administrative review and is amending
its final results of the administrative
AGENCY:
1 See Results of Redetermination Pursuant to
Court Remand Thai Plastic Bags Industries Co.,
Ltd., v. United States, Polyethylene Retail Carrier
Bag Committee, Hilex Poly Co., LLC, and Superbag
Corporation, Consol. Court No. 11–00408, dated
July 10, 2013 (Remand Results).
2 See Thai Plastic Bags Industries Co., Ltd., v.
United States, Consol. Court No. 11–00408, Slip
Op. 13–139 (CIT November 13, 2013) (TPBI v.
United States).
E:\FR\FM\03DEN1.SGM
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices
review of the antidumping duty order
on PRCBs from Thailand covering the
period of review (POR) of August 1,
2009 through July 31, 2010, with respect
to the weighted-average dumping
margins calculated for Thai Plastic Bags
Industries Company (TPBI) and
Landblue (Thailand) Co., Ltd.
(Landblue).
DATES: Effective Date: November 25,
2013.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3683.
SUPPLEMENTARY INFORMATION: The
Department published the final results
of the 2009–2010 administrative review
of the antidumping duty order on
PRCBs from Thailand on November 3,
2011.3 Both Thai Plastic Bags Industries
Co., Ltd. and Polyethylene Retail Carrier
Bag Committee (and its individual
members, Hilex Poly Co., LLC and
Superbag Corp. (collectively, the
petitioner)) timely filed complaints with
the CIT to challenge various aspects of
the Final Results. On March 19, 2013,
the Court remanded for the Department
to reconsider its positions with regard to
its calculation of the general and
administrative expenses for TPBI and its
adjustment of the surrogate selling
expenses used to construct selling
expenses for Landblue.4 On July 10,
2013, the Department filed the Remand
Results with the CIT, in which the
Department revised its calculations of
TPBI’s general and administrative
expenses and its adjustment of the
surrogate selling expenses used to
construct selling expenses for Landblue.
Accordingly, the Department
recalculated TPBI’s weighted-average
dumping margin from 35.71 percent to
35.79 percent and recalculated
Landblue’s weighted-average margin
from 25.73 percent to 25.60 percent. On
November 13, 2013, the Court affirmed
the Department’s Remand Results.5
emcdonald on DSK67QTVN1PROD with NOTICES
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the Federal Circuit has held that,
3 See Polyethylene Retail Carrier Bags From
Thailand: Final Results of Antidumping Duty
Administrative Review, 76 FR 59999 (September 28,
2011) (Final Results), as amended, 76 FR 68137
(November 3, 2011) (Amended Final Results).
4 See Thai Plastic Bags Industries Co., Ltd., v.
United States, Consol. Court No. 11–00408, Slip
Op. 13–34 (CIT March 19, 2013).
5 See TPBI v. United States, Slip Op. 13–139 at
25.
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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 November 13, 2013, judgment
constitutes a final decision of the CIT
that is not in harmony with the
Department’s Final Results. 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.
Amended Final Results
Because there is now a final court
decision with respect to this case, the
Department is amending its Final
Results with respect to TPBI’s and
Landblue’s weighted-average dumping
margins for this POR. The revised
weighted-average dumping margins are
as follows:
Manufacturer/exporter
Thai Plastic Bags Industries
Company ...........................
Landblue (Thailand) Co., Ltd.
Weightedaverage
margin
(percent)
35.79
25.60
In the event that the CIT’s ruling is
not appealed, or if appealed, upheld by
the Federal Circuit, the Department will
instruct United State Customs and
Border Protection (CBP) to liquidate
entries of subject merchandise by TPBI
and Landblue in accordance with 19
CFR 351.212(b)(1).6 Since the Final
Results, the Department has not
established a new cash deposit rate for
Landblue. Therefore, consistent with
section 751(a)(1) of the Act, the
Department will instruct CBP to collect
cash deposits for entries of subject
merchandise by Landblue at the
amended rate.7 Because the order on
PRCBs from Thailand was revoked in
part with respect to TPBI effective July
28, 2010,8 we will not instruct CBP to
collect cash deposits for entries of
subject merchandise by TPBI.
6 See Final Results, 76 FR 60001 and Amended
Final Results.
7 See Final Results, 74 FR 68138.
8 See Notice of Implementation of Determination
Under Section 129 of the Uruguay Round
Agreements Act and Partial Revocation of the
Antidumping Duty Order on Polyethylene Retail
Carrier Bags From Thailand, 75 FR 48940 (August
12, 2010).
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72629
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: November 25, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2013–28950 Filed 12–2–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–848]
Certain Stilbenic Optical Brightening
Agents From Taiwan: Rescission of
Antidumping Duty Administrative
Review; 2011–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review of the
antidumping duty order on certain
stilbenic optical brightening agents
(OBAs) from Taiwan for the period
November 3, 2011, through April 30,
2013.
AGENCY:
DATES:
Effective Date: December 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla 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) 482–3477 and (202)
482–1690 respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2013, we published a
notice of opportunity to request an
administrative review of the
antidumping duty order on OBAs from
Taiwan for the period of review
November 3, 2011, through April 30,
2013.1 On June 28, 2013, in response to
a May 31, 2013, request for review from
the petitioner, Clariant Corporation
(Clariant), and in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the order on
OBAs from Taiwan with respect to Teh
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 25423
(May 1, 2013).
E:\FR\FM\03DEN1.SGM
03DEN1
]]>Agencies
[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72628-72629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28950]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: Notice of Court
Decision Not in Harmony With Final Results of Administrative Review and
Notice of Amended Final Results of Administrative Review; 2009-2010
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On November 13, 2013, the United States Court of International
Trade (Court or CIT) issued its final judgment affirming the Department
of Commerce's (the Department's) final results of the remand
redetermination \1\ concerning the 2009-2010 administrative review of
the antidumping duty order on polyethylene retail carrier bags (PRCBs)
from Thailand.\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 results of administrative review
and is amending its final results of the administrative
[[Page 72629]]
review of the antidumping duty order on PRCBs from Thailand covering
the period of review (POR) of August 1, 2009 through July 31, 2010,
with respect to the weighted-average dumping margins calculated for
Thai Plastic Bags Industries Company (TPBI) and Landblue (Thailand)
Co., Ltd. (Landblue).
---------------------------------------------------------------------------
\1\ See Results of Redetermination Pursuant to Court Remand Thai
Plastic Bags Industries Co., Ltd., v. United States, Polyethylene
Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag
Corporation, Consol. Court No. 11-00408, dated July 10, 2013 (Remand
Results).
\2\ See Thai Plastic Bags Industries Co., Ltd., v. United
States, Consol. Court No. 11-00408, Slip Op. 13-139 (CIT November
13, 2013) (TPBI v. United States).
---------------------------------------------------------------------------
DATES: Effective Date: November 25, 2013.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-3683.
SUPPLEMENTARY INFORMATION: The Department published the final results
of the 2009-2010 administrative review of the antidumping duty order on
PRCBs from Thailand on November 3, 2011.\3\ Both Thai Plastic Bags
Industries Co., Ltd. and Polyethylene Retail Carrier Bag Committee (and
its individual members, Hilex Poly Co., LLC and Superbag Corp.
(collectively, the petitioner)) timely filed complaints with the CIT to
challenge various aspects of the Final Results. On March 19, 2013, the
Court remanded for the Department to reconsider its positions with
regard to its calculation of the general and administrative expenses
for TPBI and its adjustment of the surrogate selling expenses used to
construct selling expenses for Landblue.\4\ On July 10, 2013, the
Department filed the Remand Results with the CIT, in which the
Department revised its calculations of TPBI's general and
administrative expenses and its adjustment of the surrogate selling
expenses used to construct selling expenses for Landblue. Accordingly,
the Department recalculated TPBI's weighted-average dumping margin from
35.71 percent to 35.79 percent and recalculated Landblue's weighted-
average margin from 25.73 percent to 25.60 percent. On November 13,
2013, the Court affirmed the Department's Remand Results.\5\
---------------------------------------------------------------------------
\3\ See Polyethylene Retail Carrier Bags From Thailand: Final
Results of Antidumping Duty Administrative Review, 76 FR 59999
(September 28, 2011) (Final Results), as amended, 76 FR 68137
(November 3, 2011) (Amended Final Results).
\4\ See Thai Plastic Bags Industries Co., Ltd., v. United
States, Consol. Court No. 11-00408, Slip Op. 13-34 (CIT March 19,
2013).
\5\ See TPBI v. United States, Slip Op. 13-139 at 25.
---------------------------------------------------------------------------
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 November 13, 2013,
judgment constitutes a final decision of the CIT that is not in harmony
with the Department's Final Results. 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.
Amended Final Results
Because there is now a final court decision with respect to this
case, the Department is amending its Final Results with respect to
TPBI's and Landblue's weighted-average dumping margins for this POR.
The revised weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Thai Plastic Bags Industries Company.................... 35.79
Landblue (Thailand) Co., Ltd............................ 25.60
------------------------------------------------------------------------
In the event that the CIT's ruling is not appealed, or if appealed,
upheld by the Federal Circuit, the Department will instruct United
State Customs and Border Protection (CBP) to liquidate entries of
subject merchandise by TPBI and Landblue in accordance with 19 CFR
351.212(b)(1).\6\ Since the Final Results, the Department has not
established a new cash deposit rate for Landblue. Therefore, consistent
with section 751(a)(1) of the Act, the Department will instruct CBP to
collect cash deposits for entries of subject merchandise by Landblue at
the amended rate.\7\ Because the order on PRCBs from Thailand was
revoked in part with respect to TPBI effective July 28, 2010,\8\ we
will not instruct CBP to collect cash deposits for entries of subject
merchandise by TPBI.
---------------------------------------------------------------------------
\6\ See Final Results, 76 FR 60001 and Amended Final Results.
\7\ See Final Results, 74 FR 68138.
\8\ See Notice of Implementation of Determination Under Section
129 of the Uruguay Round Agreements Act and Partial Revocation of
the Antidumping Duty Order on Polyethylene Retail Carrier Bags From
Thailand, 75 FR 48940 (August 12, 2010).
---------------------------------------------------------------------------
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: November 25, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-28950 Filed 12-2-13; 8:45 am]
BILLING CODE 3510-DS-P
