Barium Carbonate From the People's Republic of China: Final Results of Expedited Second Sunset Review of the Antidumping Duty Order, 32221-32222 [2014-12994]
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Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices
Scope of the Order
The merchandise covered by this
Order includes new pneumatic tires
designed for off-the-road and offhighway use, subject to certain
exceptions. The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description of
the scope of the order is dispositive.6
Final Results of Changed
Circumstances Review
Because no parties submitted
comments opposing the Department’s
Preliminary Results, and because there
is no other information or evidence on
the record that calls into question the
Preliminary Results, the Department
determines that Shandong Linglong is
the successor-in-interest to Leo Rubber
for the purpose of determining
antidumping duty liability.
Instructions to U.S. Customs and
Border Protection
The Department will instruct U.S.
Customs and Border Protection to
suspend liquidation and collect a cash
deposit rate of 12.83 percent on all
shipments of the subject merchandise
produced and exported by Shandong
Linglong and entered, or withdrawn
from warehouse, for consumption, on or
after the publication date of these
results of changed circumstances
review.7
Notification
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
tkelley on DSK3SPTVN1PROD with NOTICES
6 For
a complete description of the Scope of the
Order, see the Department’s Memorandum to
Melissa G. Skinner, Director, Office III,
Antidumping and Countervailing Duty Operations,
which was published concurrently with the
Preliminary Results, and titled ‘‘Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Preliminary Successor-InInterest Determination,’’ dated April 10, 2014, at
‘‘Scope of the Order.’’
7 See, e.g., Stainless Steel Plate in Coils From
Belgium: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 77 FR 21963
(April 12, 2012); see also Notice of Final Results of
Antidumping Duty Changed Circumstances Review:
Certain Frozen Warmwater Shrimp From Thailand,
75 FR 74684, 74685 (December 1, 2010).
VerDate Mar<15>2010
16:05 Jun 03, 2014
Jkt 232001
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing and publishing these
final results and notice in accordance
with sections 751(b) and 777(i) of the
Tariff Act of 1930, as amended, and 19
CFR 351.216 and 351.221(c)(3).
Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–12993 Filed 6–3–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–880]
Barium Carbonate From the People’s
Republic of China: Final Results of
Expedited Second Sunset Review of
the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 3, 2014, the
Department of Commerce (the
‘‘Department’’) initiated the second fiveyear (‘‘sunset’’) review of the
antidumping duty order on barium
carbonate from the People’s Republic of
China (‘‘PRC’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the ‘‘Act’’).1 As a result of this
sunset review, the Department finds that
revocation of the antidumping duty
order on barium carbonate from the PRC
would be likely to lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective Date: June 4, 2014.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, 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)
482–6905.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 5, 2014, the Department
received an adequate substantive
response from domestic interested party
Chemical Products Corporation
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 79
FR 6163 (February 3, 2014).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
32221
(‘‘Petitioner’’) within the deadline
specified in 19 CFR 351.218(d)(3)(i).2
We received no responses from
respondent interested parties. As a
result, the Department conducted an
expedited (120-day) sunset review of the
order, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2).
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the ‘‘Issues and
Decision Memorandum for the
Expedited Second Sunset Review of the
Antidumping Duty Order on Barium
Carbonate from the People’s Republic of
China’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated
concurrently with, and hereby adopted
by, this notice (‘‘Decision
Memorandum’’). The issues discussed
in the Decision Memorandum include
the likelihood of continuation or
recurrence of dumping and the
magnitude of the margins likely to
prevail if the order were to be revoked.
Parties may find a complete discussion
of all issues raised in the review and the
corresponding recommendations in this
public memorandum which is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Decision
Memorandum is available directly on
the Web at https://
enforcement.trade.gov/frn/. The signed
Decision Memorandum and the
electronic versions of the Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by this
order is barium carbonate, regardless of
form or grade. The product is currently
classifiable under subheading
2836.60.0000 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of this
proceeding is dispositive.
2 See
E:\FR\FM\04JNN1.SGM
Petitioner’s March 5, 2014, submission.
04JNN1
32222
Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices
Final Results of Review
We determine that revocation of the
order would be likely to lead to
continuation or recurrence of dumping
at the following weighted-average
percentage margins:
Weightedaverage
dumping
margin
(percent)
Exporter
Qingdao Red Star Chemical Import & Export Co., Ltd. ............
PRC-Wide Entity .........................
34.44
81.30
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return of
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This sunset review and notice are in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act.
Dated: May 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–12994 Filed 6–3–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With Final Results and Notice
of Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On May 20, 2014, the United
States Court of International Trade
(‘‘CIT’’) sustained the Department of
Commerce’s (‘‘the Department’’) final
results of redetermination pursuant to
remand of the 2008–2009 antidumping
duty administrative review of certain
frozen warmwater shrimp from the
People’s Republic of China (‘‘Remand
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:05 Jun 03, 2014
Jkt 232001
Redetermination’’).1 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 (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 certain
frozen warmwater shrimp from the
People’s Republic of China (‘‘PRC’’)
with respect to the margin assigned to
Hilltop International (‘‘Hilltop’’)
covering the period of review (‘‘POR’’)
February 1, 2008, through January 31,
2009.2
DATES: Effective Date: May 30, 2014.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2593.
SUPPLEMENTARY INFORMATION: On July
19, 2013, the CIT remanded this case to
the Department for reconsideration 3
pursuant to the order of the CAFC in Ad
Hoc Shrimp Trade Action Committee v.
United States, No. 2012–1416 (Fed. Cir.
2013), which granted the Department’s
request for a voluntary remand in this
matter to allow for reconsideration in
light of information discovered in the
sixth administrative review of this
proceeding.4 Pursuant to the Remand
Order, we reconsidered our
determination in this review and found
that Hilltop provided false and
incomplete information regarding its
affiliates and that none of its
submissions could be relied upon.
Accordingly, we found that Hilltop
failed to rebut the presumption that it is
part of the PRC-wide entity and applied
total adverse facts available (‘‘AFA’’) to
the PRC-wide entity, which includes
1 See Results Of Redetermination Pursuant To
Court Remand issued by the Department of
Commerce (November 4, 2013), available at
https://enforcement.trade.gov/remands/.
2 See Administrative Review of Certain Frozen
Warmwater Shrimp From the People’s Republic of
China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 75 FR
49460 (August 13, 2010) (‘‘Final Results’’).
3 See Ad Hoc Shrimp Trade Action Committee v.
United States, Court No. 10–00275, Slip Op. 13–89
(CIT July 19, 2013) (‘‘Remand Order’’).
4 See Administrative Review of Certain Frozen
Warmwater Shrimp From the People’s Republic of
China: Final Results, Partial Rescission of Sixth
Antidumping Duty Administrative Review and
Determination Not To Revoke in Part, 77 FR 53856
(September 4, 2012).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Hilltop. As AFA, we applied a dumping
margin of 112.81 percent, which is the
highest rate from any segment of the
proceeding and the current PRC-wide
rate, and reevaluated that margin to
ensure that it continues to be reliable
and have probative value.5 The CIT
sustained the Department’s Remand
Redetermination on May 20, 2014,
making the effective date of this notice
May 30, 2014.6
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) 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
May 20, 2014, judgment sustaining the
Department’s Remand Redetermination
with respect to Hilltop 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 rate established for the most
recent period during which the PRCwide entity was reviewed.7
Amended Final Results
Because there is now a final court
decision, we are amending the Final
Results with respect to Hilltop’s margin
for the period February 1, 2008, through
January 31, 2009. The revised weightedaverage dumping margin is as follows:
Exporter
Percent
margin
PRC-Wide Entity 8 ......................
112.81
In the event the CIT’s ruling is not
appealed, the Department will instruct
U.S. Customs and Border Protection to
assess antidumping duties on entries
during the POR of the subject
merchandise exported by Hilltop using
5 See
Remand Redetermination.
Ad Hoc Shrimp Trade Action Committee,
Court Nos. 10–00275 and 11–00335, Slip Op. 14–
55 (CIT May 20, 2014).
7 See Certain Frozen Warmwater Shrimp From the
People’s Republic of China: Final Results of
Administrative Review; 2011–2012, 78 FR 56209
(September 12, 2013).
8 The PRC-wide entity includes Hilltop
International.
6 See
E:\FR\FM\04JNN1.SGM
04JNN1
]]>Agencies
[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32221-32222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-880]
Barium Carbonate From the People's Republic of China: Final
Results of Expedited Second Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 3, 2014, the Department of Commerce (the
``Department'') initiated the second five-year (``sunset'') review of
the antidumping duty order on barium carbonate from the People's
Republic of China (``PRC'') pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the ``Act'').\1\ As a result of this sunset
review, the Department finds that revocation of the antidumping duty
order on barium carbonate from the PRC would be likely to lead to
continuation or recurrence of dumping at the levels indicated in the
``Final Results of Review'' section of this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 6163
(February 3, 2014).
---------------------------------------------------------------------------
DATES: Effective Date: June 4, 2014.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2014, the Department received an adequate substantive
response from domestic interested party Chemical Products Corporation
(``Petitioner'') within the deadline specified in 19 CFR
351.218(d)(3)(i).\2\ We received no responses from respondent
interested parties. As a result, the Department conducted an expedited
(120-day) sunset review of the order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------
\2\ See Petitioner's March 5, 2014, submission.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
``Issues and Decision Memorandum for the Expedited Second Sunset Review
of the Antidumping Duty Order on Barium Carbonate from the People's
Republic of China'' from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated concurrently
with, and hereby adopted by, this notice (``Decision Memorandum''). The
issues discussed in the Decision Memorandum include the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
likely to prevail if the order were to be revoked. Parties may find a
complete discussion of all issues raised in the review and the
corresponding recommendations in this public memorandum which is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Services System (``IA
ACCESS''). Access to IA ACCESS is available to registered users at
https://iaaccess.trade.gov and is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Decision Memorandum is
available directly on the Web at https://enforcement.trade.gov/frn/. The
signed Decision Memorandum and the electronic versions of the Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by this order is barium carbonate,
regardless of form or grade. The product is currently classifiable
under subheading 2836.60.0000 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). Although the HTSUS subheading is provided
for convenience and customs purposes, the written description of the
scope of this proceeding is dispositive.
[[Page 32222]]
Final Results of Review
We determine that revocation of the order would be likely to lead
to continuation or recurrence of dumping at the following weighted-
average percentage margins:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Qingdao Red Star Chemical Import & Export Co., Ltd.......... 34.44
PRC-Wide Entity............................................. 81.30
------------------------------------------------------------------------
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return of destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
This sunset review and notice are in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act.
Dated: May 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12994 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P
