Pure Magnesium From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results, 30546-30547 [2014-12386]
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30546
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
Jiangsu Zhongweiyu Communication
Equipment Co. Ltd.
Jiashan Steelfit Trading Co. Ltd.
Jiaxing Brother Standard Part
Jiaxing Yaoliang Import & Export Co. Ltd.
Jinan Banghe Industry & Trade Co., Ltd.
Macropower Industrial Inc.
Midas Union Co., Ltd.
Nanjing Prosper Import & Export Corporation
Ltd.
New Pole Power System Co. Ltd.
Ningbiao Bolts & Nuts Manufacturing Co.
Ningbo Beilun Milfast Metalworks Co. Ltd.
Ningbo Dexin Fastener Co. Ltd.
Ningbo Dongxin High-Strength Nut Co., Ltd.
Ningbo Fastener Factory
Ningbo Fengya Imp. And Exp. Co. Ltd.
Ningbo Haishu Holy Hardware Import And
Export Co. Ltd.
Ningbo Haishu Wit Import & Export Co. Ltd.
Ningbo Haishu Yixie Import & Export Co.
Ltd.
Ningbo Jinding Fastening Pieces Co., Ltd.
Ningbo Mpf Manufacturing Co. Ltd.
Ningbo Panxiang Imp. & Exp, Co. Ltd.
Ningbo Yinzhou Foreign Trade Co., Ltd.
Ningbo Zhongjiang High Strength Bolts Co.
Ltd
Ningbo Zhongjiang Petroleum Pipes &
Machinery Co. Ltd.
Orient International Holding Shanghai
Rongheng Intl Trading Co. Ltd.
Prosper Business And Industry Co., Ltd.
Qingdao Free Trade Zone Health Intl.
Qingdao Top Steel Industrial Co. Ltd.
Shaanxi Succeed Trading Co., Ltd.
Shanghai East Best Foreign Trade Co.
Shanghai East Best International Business
Development Co., Ltd.
Shanghai Fortune International Co. Ltd.
Shanghai Furen International Trading
Shanghai Nanshi Foreign Economic Co.
Shanghai Overseas International Trading Co.
Ltd.
Shanghai Printing & Dyeing And Knitting
Mill
Shanghai Printing & Packaging Machinery
Corp.
Shanghai Recky International Trading Co.,
Ltd.
Shanghai Sinotex United Corp. Ltd.
T and C Fastener Co. Ltd.
T and L Industry Co. Ltd.
Wuxi Metec Metal Co. Ltd.
Zhejiang Heiter Industries Co., Ltd.
Zhejiang Heiter Mfg & Trade Co. Ltd.
Zhejiang Jin Zeen Fasteners Co. Ltd.
Zhejiang Morgan Brother Technology Co.
Ltd.
Zhejiang Yanfei Industrial Co., Ltd (a/k/a
Jiangsu Ronry Nico Co., Ltd., Formerly
Jiangsu Yanfei Industrial Co., Ltd.)
emcdonald on DSK67QTVN1PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Background
2. Respondent Selection
3. Scope of the Order
4. Non-Market Economy Country
5. Separate Rates
6. PRC-Wide Entity
7. Surrogate Country and Surrogate Value
Data
8. Surrogate Country
9. Date of Sale
VerDate Mar<15>2010
16:58 May 27, 2014
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10. U.S. Price—Export Price
11. Normal Value
12. Fair Value Comparisons
13. Factor Valuations
14. Currency Conversion
15. Conclusion
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4243.
[FR Doc. 2014–12380 Filed 5–27–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With Final
Results and Notice of Amended Final
Results
On February 5, 2014, the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) affirmed the
judgment of the United States Court of
International Trade (‘‘CIT’’) sustaining
the Department of Commerce’s (‘‘the
Department’’) final results of
redetermination pursuant to remand of
the 2008–2009 antidumping duty
administrative review of pure
magnesium from the People’s Republic
of China (‘‘PRC’’) (‘‘Remand
Redetermination’’).1 Consistent with the
decision of the 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 (CAFC
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s Final
Results and is amending the Final
Results of the administrative review of
pure magnesium from the PRC with
respect to the margin assigned to Tianjin
Magnesium International Co., Ltd.
(‘‘TMI’’) covering the period of review
(‘‘POR’’) May 1, 2008, through April 30,
2009.2
DATES: Effective Date: December 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
SUMMARY:
1 See Final Results Of Redetermination Pursuant
To Remand issued by the Department of Commerce,
Consol. Ct. No. 11–00006, Slip Op. 12–63 (CIT
2012), dated August 30, 2012.
2 See Pure Magnesium from the People’s Republic
of China: Final Results of the 2008–2009
Antidumping Duty Administrative Review of the
Antidumping Duty Order, 75 FR 80791 (December
23, 2010); Amended Final Results of the 2008–2009
Antidumping Duty Administrative Review: Pure
Magnesium from the People’s Republic of China, 76
FR 7813 (February 11, 2011) (collectively, ‘‘Final
Results’’).
PO 00000
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In the
Final Results, TMI received a calculated
margin based upon information it
submitted during the review. TMI’s
margin was 0.80 percent.3 Both TMI and
petitioner challenged the Final Results
with respect to several issues. Upon
review, the CIT remanded the Final
Results, holding that the Department’s
‘‘decision not to apply total adverse
facts available to TMI was not supported
by substantial evidence in the record
and was not in accord with the law.’’ 4
On remand, the Department
reconsidered its findings and
determined to apply total adverse facts
available to TMI based upon its
submission of falsified documents
during the administrative review. The
Department assigned TMI an adverse
facts available rate of 111.73 percent,
thereby replacing the rate of 0.80
percent originally assigned. The CIT
sustained the Department’s remand
results on November 21, 2012, making
the effective date of this notice
December 1, 2012.5 Furthermore, the
CAFC recently affirmed the CIT’s
findings in a non-precedential order.6
SUPPLEMENTARY INFORMATION:
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC held that, pursuant to section
516A(e) 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
November 21, 2012 judgment sustaining
the Department’s remand results with
respect to TMI constitutes a final
decision of that court that is not in
harmony with the Department’s Final
Results. This notice is published in
fulfillment of the publication
requirements 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. The cash deposit rate will
remain the company-specific rate
established for the most recent period
3 See
Amended Final Results.
Tianjin Magnesium Int’l v. United States,
844 F. Supp. 2d 1342, 1344 (CIT May 16, 2012).
5 See Tianjin Magnesium Int’l v. United States,
878 F. Supp. 2d 1351 (CIT Nov. 21, 2012).
6 See Tianjin Magnesium Int’l v. United States,
2014 U.S. App. LEXIS 2679 (Fed. Cir. Feb. 5, 2014)
(non-precedential).
4 See
E:\FR\FM\28MYN1.SGM
28MYN1
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
Amended Final Results
during which the respondent was
reviewed.7
Because there is now a final court
decision, we are amending the Final
30547
Results with respect to TMI’s margin for
the period May 1, 2008 through April
30, 2009. The revised weighted-average
dumping margin is as follows:
Exporter
Percent
margin
Tianjin Magnesium International Co., Ltd. ...............................................................................................................................................
111.73
Event Description
The United States Department of
Commerce’s (DOC) International Trade
Administration (ITA), with participation
from the U.S. Departments of Energy
and State, is organizing the 7th Annual
U.S. Industry Program at the
International Atomic Energy Agency
(IAEA) General Conference, to be held
September 21–24, 2014, in Vienna,
Austria. The IAEA General Conference
is the premier global meeting of civil
nuclear policymakers and typically
attracts senior officials and industry
representatives from all 162 Member
States. The U.S. Industry Program is
part of the Department of Commerce-led
Civil Nuclear Trade Initiative (CNTI),
www.trade.gov/mas/ian/nuclear/
index.asp), a U.S. Government effort to
help U.S. civil nuclear companies
identify and capitalize on commercial
civil nuclear opportunities around the
world. The purpose of the program is to
help the U.S. nuclear industry promote
its services and technologies to an
international audience, including senior
energy policymakers from current and
emerging markets as well as IAEA staff.
Representatives of U.S. companies
from across the U.S. civil nuclear
supply chain are eligible to participate.
In addition, organizations providing
related services to the industry, such as
universities, research institutions, and
U.S. trade associations in the civil
nuclear industry, are eligible for
participation. The mission will help
U.S. participants gain market insights,
make industry contacts, solidify
business strategies, and identify or
advance specific projects with the goal
of increasing U.S. civil nuclear exports
to a wide variety of countries interested
in nuclear energy.
The schedule will include: (1)
Meetings with foreign delegations; (2)
briefings from senior U.S. Government
officials and IAEA staff on important
civil nuclear topics including
regulatory, technology and standards
issues; liability, export controls,
financing, infrastructure development,
and R&D cooperation; and (3)
networking events. Past U.S. Industry
Programs have included participation
by the U.S. Secretary of Energy, the
Chairman of the U.S. Nuclear
Regulatory Commission (NRC) and other
senior U.S. Government officials from
the Departments of Commerce, Energy,
State, the U.S. Export-Import Bank and
the National Security Council.
There are significant opportunities for
U.S. businesses in the global civil
nuclear energy market. With 173
nuclear plant projects planned in 26
countries, this translates to a market
demand for equipment and services
totaling $500–740 billion over the next
ten years. This mission contributes to
the President’s National Export
Initiative (NEI, www.trade.gov/nei) and
DOC’s CNTI, by assisting U.S.
businesses in entering or expanding in
international markets and enhancing
opportunities for U.S. exports.
7 See Pure Magnesium from the People’s Republic
of China: Final Results of Antidumping Duty
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2014–12386 Filed 5–27–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Seventh Annual U.S. Industry Program
at the International Atomic Energy
Agency General Conference
International Trade
Administration (ITA), Department of
Commerce (DOC).
ACTION: Notice.
AGENCY:
emcdonald on DSK67QTVN1PROD with NOTICES
Event Setting
The IAEA General Conference is the
premier global meeting of civil nuclear
policymakers, and typically attracts over
1,200 senior officials and industry
representatives from all 162 IAEA
Member States. As such, it is an
opportunity to highlight the breadth and
depth of the U.S. civil nuclear sector to
foreign energy policymakers and
potential customers. The U.S. Industry
Program will provide opportunities for
U.S. industry representatives to meet
with U.S. Government and IAEA
officials and to discuss key issues of
interest for civil nuclear exporters. The
program also will feature exclusive
briefings from foreign government
representatives, providing opportunities
for participants to develop contacts in
potential export markets. Past U.S.
Industry Programs have included
participation from U.S. companies and
organizations from across the U.S. civil
nuclear supply chain, including large
reactor and small modular reactor
(SMR) designers; component
manufacturers; engineering,
procurement, and construction firms;
civil nuclear program management
providers; advisory services firms; fuel
cycle service providers (including
uranium enrichment); National
Laboratories; and industry trade
associations and professional
organizations.
Administrative Review; 2011–2012, 79 FR 94
(January 2, 2014).
In the event the CAFC’s ruling is not
appealed, the Department will instruct
U.S. Customs and Border Protection to
assess antidumping duties on entries of
the subject merchandise exported by
TMI during the POR using the revised
assessment rate calculated by the
Department in the Remand
Redetermination.
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
VerDate Mar<15>2010
16:58 May 27, 2014
Jkt 232001
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Fmt 4703
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Event Goals
The purpose of the U.S. Industry
Program is to highlight the benefits of
U.S. civil nuclear technology to foreign
decision makers in key export markets
and to enable representatives from the
U.S. public and private sector to discuss
U.S. industry’s role in the safe and
secure expansion of civil nuclear power
worldwide. U.S. participants also will
have the opportunity to network and
build relationships in the global civil
nuclear sector, interact with foreign
government and industry officials, and
learn more about current and future
project opportunities. Foreign
government participants will hear about
the expertise that the U.S. industry has
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30546-30547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12386]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Notice of
Court Decision Not in Harmony With Final Results and Notice of Amended
Final Results
SUMMARY: On February 5, 2014, the United States Court of Appeals for
the Federal Circuit (``CAFC'') affirmed the judgment of the United
States Court of International Trade (``CIT'') sustaining the Department
of Commerce's (``the Department'') final results of redetermination
pursuant to remand of the 2008-2009 antidumping duty administrative
review of pure magnesium from the People's Republic of China (``PRC'')
(``Remand Redetermination'').\1\ Consistent with the decision of the
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 (CAFC 2010) (``Diamond Sawblades''), the
Department is notifying the public that the final judgment in this case
is not in harmony with the Department's Final Results and is amending
the Final Results of the administrative review of pure magnesium from
the PRC with respect to the margin assigned to Tianjin Magnesium
International Co., Ltd. (``TMI'') covering the period of review
(``POR'') May 1, 2008, through April 30, 2009.\2\
---------------------------------------------------------------------------
\1\ See Final Results Of Redetermination Pursuant To Remand
issued by the Department of Commerce, Consol. Ct. No. 11-00006, Slip
Op. 12-63 (CIT 2012), dated August 30, 2012.
\2\ See Pure Magnesium from the People's Republic of China:
Final Results of the 2008-2009 Antidumping Duty Administrative
Review of the Antidumping Duty Order, 75 FR 80791 (December 23,
2010); Amended Final Results of the 2008-2009 Antidumping Duty
Administrative Review: Pure Magnesium from the People's Republic of
China, 76 FR 7813 (February 11, 2011) (collectively, ``Final
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: December 1, 2012.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Office III,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION: In the Final Results, TMI received a
calculated margin based upon information it submitted during the
review. TMI's margin was 0.80 percent.\3\ Both TMI and petitioner
challenged the Final Results with respect to several issues. Upon
review, the CIT remanded the Final Results, holding that the
Department's ``decision not to apply total adverse facts available to
TMI was not supported by substantial evidence in the record and was not
in accord with the law.'' \4\ On remand, the Department reconsidered
its findings and determined to apply total adverse facts available to
TMI based upon its submission of falsified documents during the
administrative review. The Department assigned TMI an adverse facts
available rate of 111.73 percent, thereby replacing the rate of 0.80
percent originally assigned. The CIT sustained the Department's remand
results on November 21, 2012, making the effective date of this notice
December 1, 2012.\5\ Furthermore, the CAFC recently affirmed the CIT's
findings in a non-precedential order.\6\
---------------------------------------------------------------------------
\3\ See Amended Final Results.
\4\ See Tianjin Magnesium Int'l v. United States, 844 F. Supp.
2d 1342, 1344 (CIT May 16, 2012).
\5\ See Tianjin Magnesium Int'l v. United States, 878 F. Supp.
2d 1351 (CIT Nov. 21, 2012).
\6\ See Tianjin Magnesium Int'l v. United States, 2014 U.S. App.
LEXIS 2679 (Fed. Cir. Feb. 5, 2014) (non-precedential).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) 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 November 21, 2012
judgment sustaining the Department's remand results with respect to TMI
constitutes a final decision of that court that is not in harmony with
the Department's Final Results. This notice is published in fulfillment
of the publication requirements 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. The cash deposit rate will
remain the company-specific rate established for the most recent period
[[Page 30547]]
during which the respondent was reviewed.\7\
---------------------------------------------------------------------------
\7\ See Pure Magnesium from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2011-2012,
79 FR 94 (January 2, 2014).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, we are amending the
Final Results with respect to TMI's margin for the period May 1, 2008
through April 30, 2009. The revised weighted-average dumping margin is
as follows:
------------------------------------------------------------------------
Percent
Exporter margin
------------------------------------------------------------------------
Tianjin Magnesium International Co., Ltd.................. 111.73
------------------------------------------------------------------------
In the event the CAFC's ruling is not appealed, the Department will
instruct U.S. Customs and Border Protection to assess antidumping
duties on entries of the subject merchandise exported by TMI during the
POR using the revised assessment rate calculated by the Department in
the Remand Redetermination.
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12386 Filed 5-27-14; 8:45 am]
BILLING CODE 3510-DS-P
