Polyvinyl Alcohol From Taiwan: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Revocation of Antidumping Duty Order, 4442-4443 [2014-01574]

Download as PDF 4442 Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Notices [FR Doc. 2014–01483 Filed 1–27–14; 8:45 am] Secretary at the address below. The closing period for their receipt is March 10, 2014. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. Chang Chun Petrochemical Co. Ltd. (CCPC).1 DATES: Effective December 30, 2013.2 FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0768. SUPPLEMENTARY INFORMATION: BILLING CODE 3510–33–P FOR FURTHER INFORMATION CONTACT: Background Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. On February 1, 2011, the Department published the Final Determination.3 On March 15, 2011, the Department published the antidumping duty order on PVA from Taiwan in the Federal Register.4 Following a challenge by respondent CCPC, the CIT remanded the Final Determination to the Department for further consideration on April 10, 2013.5 The CIT sustained the Department’s remand redetermination in which the Department found that the only mandatory respondent did not make sales at less than fair value in Chang Chun Petrochemical Co. Ltd. v. United States, Court No. 11–00095, Slip. Op. 13–151 (CIT 2013). Because there is now a final court decision in this case, the Department is amending its Final Determination with respect to CCPC’s weighted-average dumping margin for the POI. The revised weighted-average dumping margin for CCPC is 0.00 percent. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Jasmeet Seehra, OMB Desk Officer, by email to Jasmeet_K._Seehra@ omb.eop.gov, or by fax to (202) 395– 5167. Dated: January 22, 2014. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. DEPARTMENT OF COMMERCE Dated: January 17, 2014. Andrew McGilvray, Executive Secretary. Foreign-Trade Zones Board [B–3–2014] [FR Doc. 2014–01576 Filed 1–27–14; 8:45 am] ehiers on DSK2VPTVN1PROD with NOTICES Foreign-Trade Zone (FTZ) 49—Newark, New Jersey Area, Notification of Proposed Production Activity, Western Carriers, Inc., (Kitting of Liquor Gift Sets), North Bergen, NJ The Port Authority of New York and New Jersey, grantee of FTZ 49, submitted a notification of proposed production activity to the FTZ Board on behalf of Western Carriers, Inc. (WCI), located in North Bergen, New Jersey. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on January 13, 2014. The WCI facility is located within Site 15 of FTZ 49. The facility is used for the production of liquor gift sets by WCI and its customers. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt WCI and its customers from customs duty payments on the foreign status components used in export production. On its domestic sales, WCI and its customers would be able to choose the duty rate during customs entry procedures that applies to finished whiskey, gin, or vodka gift sets (free) for the foreign status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign status production equipment. The components sourced from abroad include: glassware (drinking glasses); Irish/Scotch whiskey; gin; and, vodka (duty rate ranges from free to 22.5%). Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive VerDate Mar<15>2010 14:45 Jan 27, 2014 Jkt 232001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–841] Polyvinyl Alcohol From Taiwan: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Revocation of Antidumping Duty Order Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 18, 2013, the United States Court of International Trade (the Court or CIT) sustained the Department of Commerce’s (the Department) final results of the remand redetermination relating to the less than fair value investigation of polyvinyl alcohol (PVA) from Taiwan, in Chang Chun Petrochemical Co. Ltd. v. United States, Court No. 11–00095, Slip. Op. 13–151 (CIT 2013). 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 CIT judgment in this case is not in harmony with the Department’s Final Determination and is amending its Final Determination in the investigation of PVA from Taiwan covering the period of investigation (POI) of July 1, 2003, through June 30, 2004, with respect to the weightedaverage dumping margin assigned to AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Revocation of the Order Pursuant to the Court of Appeals for the Federal Circuit’s (Federal Circuit’s) decision in Diamond Sawblades and the CIT’s decision affirming the Department’s remand redetermination, the Department is revoking the antidumping duty order on PVA from Taiwan because the revised weightedaverage dumping margin for CCPC, the only mandatory respondent in the investigation, is now zero. As a result of this revocation, the Department will not 1 See Polyvinyl Alcohol from Taiwan: Final Determination of Sales at Less Than Fair Value, 76 FR 5562 (February 1, 2011) (Final Determination). 2 December 28, 2013, ten days after the Court’s opinion was issued, falls on a Saturday. Therefore, the effective date is Monday, December 30, 2013. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 3 See Final Determination. 4 See Antidumping Duty Order: Polyvinyl Alcohol From Taiwan, 76 FR 13982 (March 15, 2011) (Order). 5 Chang Chun Petrochemical Co. Ltd. v. United States, Consol. Court No 11–00095, Slip Op. 13–49 (Apr. 10, 2013). E:\FR\FM\28JAN1.SGM 28JAN1 Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Notices initiate any new administrative reviews of this Order.6 International Trade Administration Notification to Interested Parties This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of the APO is a sanctionable violation. Timken Notice ehiers on DSK2VPTVN1PROD with NOTICES In its decision in Timken, 893 F.2d at 341, the Federal Circuit held that, pursuant to section 516A(c)(1) of the Tariff Act of 1930, as amended (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 December 18, 2013, judgment in this case sustaining the Department’s Remand Redetermination constitutes a final decision of that court that is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department intends to issue instructions to U.S. Customs and Border Protection to suspend liquidation of all unliquidated entries of subject merchandise from Taiwan which are entered, or withdrawn from warehouse, for consumption on or after December 30, 2013. The companyspecific cash deposit rate will be zero percent. Pursuant to Timken, Diamond Sawblades, and Hosiden Corporation v. United States, 861 F. Supp. 115 (Fed. Cir. 1994), the suspension of liquidation on all entries of PVA from Taiwan entered, or withdrawn from warehouse, for consumption on or after December 30, 2013, that remain unliquidated will continue until there is a ‘‘final and conclusive’’ court decision. This notice is issued and published in accordance with sections 516A(e)(l) of the Act. Dated: January 17, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–01574 Filed 1–27–14; 8:45 am] BILLING CODE 3510–DS–P 6 Currently there are no unfinished or ongoing administrative reviews of this order. VerDate Mar<15>2010 14:45 Jan 27, 2014 Jkt 232001 DEPARTMENT OF COMMERCE Advisory Committee on Supply Chain Competitiveness: Notice of Public Meeting International Trade Administration, U.S. Department of Commerce. ACTION: Notice of open meeting. AGENCY: This notice sets forth the schedule and proposed topics of discussion for a public meeting of the Advisory Committee on Supply Chain Competitiveness (Committee). DATES: The meeting will be held on February 20, 2014, from 9 a.m. to 4 p.m., Eastern Standard Time (EST). ADDRESSES: The meeting will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4830, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Richard Boll, Office of Supply Chain, Professional & Business Services, International Trade Administration. (Phone: (202) 482–1135 or email: richard.boll@trade.gov) SUPPLEMENTARY INFORMATION: Background: The Committee was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2). It provides advice to the Secretary of Commerce on the necessary elements of a comprehensive policy approach to supply chain competitiveness designed to support U.S. export growth and national economic competitiveness, encourage innovation, facilitate the movement of goods, and improve the competitiveness of U.S. supply chains for goods and services in the domestic and global economy; and provides advice to the Secretary on regulatory policies and programs and investment priorities that affect the competitiveness of U.S. supply chains. For more information about the Committee visit: https://ita.doc.gov/td/sif/DSCT/ACSCC/. Matters To Be Considered: Committee members are expected to continue to discuss the major competitivenessrelated topics raised at the previous Committee meetings, including trade and competitiveness; freight movement and policy; information technology and data requirements; regulatory issues; and finance and infrastructure. The Committee’s subcommittees will report on the status of their work regarding these topics. The agenda may change to accommodate Committee business. The Office of Supply Chain, Professional & Business Services will post the final SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 4443 detailed agenda on its Web site, https:// ita.doc.gov/td/sif/DSCT/ACSCC/, at least one week prior to the meeting. The meeting will be open to the public and press on a first-come, firstserved basis. Space is limited. The public meeting is physically accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Mr. Richard Boll, at (202) 482–1135 or richard.boll@trade.gov five (5) business days before the meeting. Interested parties are invited to submit written comments to the Committee at any time before and after the meeting. Parties wishing to submit written comments for consideration by the Committee in advance of this meeting must send them to the Office of Supply Chain, Professional & Business Services, 1401 Constitution Ave. NW., Room 11014, Washington, DC 20230, or email to supplychain@trade.gov. For consideration during the meeting, and to ensure transmission to the Committee prior to the meeting, comments must be received no later than 5 p.m. EST on February 10, 2014. Comments received after February 10, 2014, will be distributed to the Committee, but may not be considered at the meeting. The minutes of the meeting will be posted on the Committee Web site within 60 days of the meeting. Dated: January 22, 2014. David Long, Director, Office of Supply Chain, Professional & Business Services. [FR Doc. 2014–01603 Filed 1–27–14; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration Secretarial Energy Business Development Mission to West Africa, May 18–23, 2014 International Trade Administration, Commerce. ACTION: Notice. AGENCY: Mission Description The United States Secretary of Commerce will lead an Energy Business Development Mission to West Africa with stops in Ghana and Nigeria from May 18–23, 2014. This business development mission will promote U.S. exports to Africa by helping U.S. companies launch or increase their business in the energy sector in West Africa. The mission will include E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Notices]
[Pages 4442-4443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01574]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-841]


Polyvinyl Alcohol From Taiwan: Notice of Court Decision Not in 
Harmony With Final Determination of Sales at Less Than Fair Value and 
Revocation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On December 18, 2013, the United States Court of International 
Trade (the Court or CIT) sustained the Department of Commerce's (the 
Department) final results of the remand redetermination relating to the 
less than fair value investigation of polyvinyl alcohol (PVA) from 
Taiwan, in Chang Chun Petrochemical Co. Ltd. v. United States, Court 
No. 11-00095, Slip. Op. 13-151 (CIT 2013). 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 CIT judgment in this case is not in 
harmony with the Department's Final Determination and is amending its 
Final Determination in the investigation of PVA from Taiwan covering 
the period of investigation (POI) of July 1, 2003, through June 30, 
2004, with respect to the weighted-average dumping margin assigned to 
Chang Chun Petrochemical Co. Ltd. (CCPC).\1\
---------------------------------------------------------------------------

    \1\ See Polyvinyl Alcohol from Taiwan: Final Determination of 
Sales at Less Than Fair Value, 76 FR 5562 (February 1, 2011) (Final 
Determination).

DATES: Effective December 30, 2013.\2\
---------------------------------------------------------------------------

    \2\ December 28, 2013, ten days after the Court's opinion was 
issued, falls on a Saturday. Therefore, the effective date is 
Monday, December 30, 2013. See Notice of Clarification: Application 
of ``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005).

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
0768.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2011, the Department published the Final 
Determination.\3\ On March 15, 2011, the Department published the 
antidumping duty order on PVA from Taiwan in the Federal Register.\4\ 
Following a challenge by respondent CCPC, the CIT remanded the Final 
Determination to the Department for further consideration on April 10, 
2013.\5\ The CIT sustained the Department's remand redetermination in 
which the Department found that the only mandatory respondent did not 
make sales at less than fair value in Chang Chun Petrochemical Co. Ltd. 
v. United States, Court No. 11-00095, Slip. Op. 13-151 (CIT 2013).
---------------------------------------------------------------------------

    \3\ See Final Determination.
    \4\ See Antidumping Duty Order: Polyvinyl Alcohol From Taiwan, 
76 FR 13982 (March 15, 2011) (Order).
    \5\ Chang Chun Petrochemical Co. Ltd. v. United States, Consol. 
Court No 11-00095, Slip Op. 13-49 (Apr. 10, 2013).
---------------------------------------------------------------------------

    Because there is now a final court decision in this case, the 
Department is amending its Final Determination with respect to CCPC's 
weighted-average dumping margin for the POI. The revised weighted-
average dumping margin for CCPC is 0.00 percent.

Revocation of the Order

    Pursuant to the Court of Appeals for the Federal Circuit's (Federal 
Circuit's) decision in Diamond Sawblades and the CIT's decision 
affirming the Department's remand redetermination, the Department is 
revoking the antidumping duty order on PVA from Taiwan because the 
revised weighted-average dumping margin for CCPC, the only mandatory 
respondent in the investigation, is now zero. As a result of this 
revocation, the Department will not

[[Page 4443]]

initiate any new administrative reviews of this Order.\6\
---------------------------------------------------------------------------

    \6\ Currently there are no unfinished or ongoing administrative 
reviews of this order.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of the APO is a sanctionable violation.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, the Federal Circuit 
held that, pursuant to section 516A(c)(1) of the Tariff Act of 1930, as 
amended (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 December 18, 2013, judgment in this case sustaining 
the Department's Remand Redetermination constitutes a final decision of 
that court that is not in harmony with the Department's Final 
Determination. This notice is published in fulfillment of the 
publication requirements of Timken.
    Accordingly, the Department intends to issue instructions to U.S. 
Customs and Border Protection to suspend liquidation of all 
unliquidated entries of subject merchandise from Taiwan which are 
entered, or withdrawn from warehouse, for consumption on or after 
December 30, 2013. The company-specific cash deposit rate will be zero 
percent. Pursuant to Timken, Diamond Sawblades, and Hosiden Corporation 
v. United States, 861 F. Supp. 115 (Fed. Cir. 1994), the suspension of 
liquidation on all entries of PVA from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after December 30, 2013, that 
remain unliquidated will continue until there is a ``final and 
conclusive'' court decision.
    This notice is issued and published in accordance with sections 
516A(e)(l) of the Act.

    Dated: January 17, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-01574 Filed 1-27-14; 8:45 am]
BILLING CODE 3510-DS-P

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