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, 32217-32218 [2014-12995]

Download as PDF Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices Misty Fiords Ranger District, 3031 Tongass Avenue, Ketchikan, AK 99901; by email to ddaniels@fs.fed.us, or via facsimile to 907–225–8738. Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis. Dated: May 21, 2014. Jeffrey Defreest, District Ranger. [FR Doc. 2014–12441 Filed 6–3–14; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF COMMERCE tkelley on DSK3SPTVN1PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: U.S. Census Bureau. Title: Monthly Retail Trade Survey. OMB Control Number: 0607–0717. Form Number(s): SM–44(12)S, SM– 44(12)SE, SM–44(12)SS, SM–44(12)B, SM–44(12)BE, SM–44(12)BS, SM– 45(12)S, SM–45(12)SE, SM–45(12)SS, SM–45(12)B, SM–45(12)BE, SM– 45(12)BS, SM–72(12)S, and SM–20(12)I. Type of Request: Extension of a currently approved collection. Burden Hours: 14,427. Number of Respondents: 10,305. Average Hours per Response: 7 minutes. Needs and Uses: The Monthly Retail Trade Survey (MRTS) provides estimates of monthly retail sales, end-ofmonth merchandise inventories, and quarterly e-commerce sales of retailers in the United States. In addition, the survey also provides an estimate of monthly sales at food service establishments and drinking places. Sales, inventories, and e-commerce data provide a current statistical picture of the retail portion of consumer activity. The sales and inventories estimates in the MRTS measure current trends of economic activity that occur in the United States. The survey estimates provide valuable information for economic policy decisions and actions VerDate Mar<15>2010 16:05 Jun 03, 2014 Jkt 232001 by the government and are widely used by private businesses, trade organizations, professional associations, and others for market research and analysis. The Bureau of Economic Analysis (BEA) uses these data in determining the consumption portion of Gross Domestic Product (GDP). Retail and Food Services Sales during 2013 amounted to $4.5 trillion. The estimates produced in the MRTS are critical to the accurate measurement of total economic activity. The estimates of retail sales represent all operating receipts, including receipts from wholesale sales made at retail locations and services rendered as part of the sale of the goods, by businesses that primarily sell at retail. The sales estimates include sales made on credit as well as on a cash basis, but exclude receipts from sales taxes and interest charges from credit sales. Also excluded is non-operating income from such services as investments and real estate. The estimates of merchandise inventories owned by retailers represent all merchandise located in retail stores, warehouses, offices, or in transit for distribution to retail establishments. The estimates of merchandise inventories exclude fixtures and supplies not held for sale, as well as merchandise held on consignment owned by others. BEA uses inventories data to determine the investment portion of the GDP. Retail e-commerce sales are estimated from the same sample used in the MRTS to estimate preliminary and final U.S. retail sales. The MRTS sample is updated every five years to account for new retail employer businesses (including those selling via the Internet), business deaths, and other changes to the retail business universe. Research was conducted to ensure that retail firms selected in the MRTS sample engaged in e-commerce are representative of the universe of e-commerce retailers. Total e-commerce sales for 2013 were estimated at $263 billion. We publish retail sales and inventories estimates based on the North American Industry Classification System (NAICS). BEA is the primary Federal user of data collected in the MRTS. BEA uses the information in its preparation of the National Income and Products Accounts, and its benchmark and annual input-output tables. Statistics provided from retail sales and inventories estimates are used in the calculation of GDP. If the survey were not conducted, BEA would lack comprehensive data from the retail sector. This would adversely affect the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 32217 reliability of the National Income and Products Accounts and GDP. The Bureau of Labor Statistics (BLS) uses the data as input to their Producer Price Indexes and in developing productivity measurements. The data are also used for gauging current economic trends of the economy. Private businesses use the retail sales and inventories data to compute business activity indexes. The private sector also uses retail sales as a reliable indicator of consumer activity. Affected Public: Business or other forprofit. Frequency: Monthly. Respondent’s Obligation: Voluntary. Legal Authority: Title 13 U.S.C., Section 182. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written Comments and recommendations for the proposed information collection should be sent within 30 days of publications of this notice to OIRASubmission@ omb.eop.gov or faxed to (202) 395–5806, Dated: May 30, 2014. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2014–12924 Filed 6–3–14; 8:45 am] BILLING CODE 3510–07–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. SUMMARY: 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 2009–2010 antidumping duty administrative review of certain frozen warmwater shrimp from the People’s Republic of China (‘‘Remand Redetermination’’).1 Consistent with the decision of the United States Court of AGENCY: 1 See Final Results Of Redetermination Pursuant To Court Remand issued by the Department of Commerce (November 7, 2013), available at https://enforcement.trade.gov/remands/. E:\FR\FM\04JNN1.SGM 04JNN1 32218 Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices 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, 2009, through January 31, 2010.2 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 November 30, 2012, the CIT remanded this case to the Department for reconsideration of the Department’s selection of the primary surrogate country.3 On January 9, 2013, based on a request from the Department, the CIT determined to ‘‘permit the agency to consider new evidence concerning the question of whether Hilltop International provided false or incomplete information regarding its affiliates in the course of the fifth administrative review (‘AR5’) of this antidumping duty (‘AD’) order.’’ 4 Pursuant to the Expanded 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.5 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 Hilltop.6 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.7 On July 23, 2013, the CIT sustained our Remand I with respect to the determination that Hilltop failed to demonstrate its eligibility for a separate rate and to apply AFA to the PRC-wide entity.8 However, the CIT remanded this case to the Department to reexamine and corroborate the 112.81 percent PRCwide rate or choose a different countrywide rate that better reflects commercial reality.9 Pursuant to the Remand Order II, we reevaluated the rate applied as total AFA to the PRCwide entity and found that it continues to be reliable and have probative value.10 The CIT sustained the Department’s Remand Redetermination on May 20, 2014, making the effective date of this notice May 30, 2014.11 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.12 6 Id. tkelley on DSK3SPTVN1PROD with NOTICES 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, 76 FR 51940 (August 19, 2011) (‘‘Final Results’’). 3 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 12–145 (CIT November 30, 2012). 4 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 13–4 (CIT January 9, 2013) (‘‘Expanded Remand Order’’). 5 See Final Results Of Redetermination Pursuant To Court Remand issued by the Department of Commerce (April 1, 2013), available at https:// enforcement.trade.gov/remands/ (‘‘Remand I’’). VerDate Mar<15>2010 16:05 Jun 03, 2014 Jkt 232001 7 Id. 8 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 13–93 (CIT July 23, 2013). 9 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 13–93 (CIT July 23, 2013) (‘‘Remand Order II’’). 10 See Remand Redetermination. 11 See Ad Hoc Shrimp Trade Action Committee, Court Nos. 10–00275 and 11–00335, Slip Op. 14– 55 (CIT May 20, 2014). 12 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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, 2009, through January 31, 2010. The revised weightedaverage dumping margin is as follows: Exporter Percent margin PRC-Wide Entity 13 ..................... 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 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 29, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–12995 Filed 6–3–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–840] Lightweight Thermal Paper From Germany: Final Results of the First Full Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 10, 2014, the Department of Commerce (the Department) issued the preliminary results of the first full five-year (sunset) review of the antidumping duty (AD) order on lightweight thermal paper from Germany.1 We received comments from interested parties on our Preliminary Results. As a result of our analysis, the Department finds that revocation of the AD order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final AGENCY: 13 The PRC-wide entity includes Hilltop International. 1 See Lightweight Thermal Paper From Germany: Preliminary Results of the First Full Sunset Review of the Antidumping Duty Order, 79 FR 7644 (February 10, 2014) (Preliminary Results), and accompanying Issues and Decision Memorandum (Preliminary Decision Memorandum). E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32217-32218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12995]


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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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: 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 2009-2010 antidumping duty administrative review of certain frozen 
warmwater shrimp from the People's Republic of China (``Remand 
Redetermination'').\1\ Consistent with the decision of the United 
States Court of

[[Page 32218]]

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, 2009, through January 31, 2010.\2\
---------------------------------------------------------------------------

    \1\ See Final Results Of Redetermination Pursuant To Court 
Remand issued by the Department of Commerce (November 7, 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, 76 FR 51940 
(August 19, 2011) (``Final Results'').

---------------------------------------------------------------------------
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 November 30, 2012, the CIT remanded this 
case to the Department for reconsideration of the Department's 
selection of the primary surrogate country.\3\ On January 9, 2013, 
based on a request from the Department, the CIT determined to ``permit 
the agency to consider new evidence concerning the question of whether 
Hilltop International provided false or incomplete information 
regarding its affiliates in the course of the fifth administrative 
review (`AR5') of this antidumping duty (`AD') order.'' \4\ Pursuant to 
the Expanded 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.\5\ 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 Hilltop.\6\ 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.\7\ On July 23, 2013, the CIT sustained 
our Remand I with respect to the determination that Hilltop failed to 
demonstrate its eligibility for a separate rate and to apply AFA to the 
PRC-wide entity.\8\ However, the CIT remanded this case to the 
Department to reexamine and corroborate the 112.81 percent PRC-wide 
rate or choose a different countrywide rate that better reflects 
commercial reality.\9\ Pursuant to the Remand Order II, we reevaluated 
the rate applied as total AFA to the PRC-wide entity and found that it 
continues to be reliable and have probative value.\10\ The CIT 
sustained the Department's Remand Redetermination on May 20, 2014, 
making the effective date of this notice May 30, 2014.\11\
---------------------------------------------------------------------------

    \3\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 12-145 (CIT November 30, 2012).
    \4\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 13-4 (CIT January 9, 2013) (``Expanded 
Remand Order'').
    \5\ See Final Results Of Redetermination Pursuant To Court 
Remand issued by the Department of Commerce (April 1, 2013), 
available at https://enforcement.trade.gov/remands/ (``Remand I'').
    \6\ Id.
    \7\ Id.
    \8\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 13-93 (CIT July 23, 2013).
    \9\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 13-93 (CIT July 23, 2013) (``Remand 
Order II'').
    \10\ See Remand Redetermination.
    \11\ See Ad Hoc Shrimp Trade Action Committee, Court Nos. 10-
00275 and 11-00335, Slip Op. 14-55 (CIT May 20, 2014).
---------------------------------------------------------------------------

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 PRC-wide entity was reviewed.\12\
---------------------------------------------------------------------------

    \12\ 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).
---------------------------------------------------------------------------

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, 2009, through January 31, 2010. The revised weighted-average dumping 
margin is as follows:

------------------------------------------------------------------------
                                                               Percent
                          Exporter                              margin
------------------------------------------------------------------------
PRC-Wide Entity \13\.......................................      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 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.
---------------------------------------------------------------------------

    \13\ The PRC-wide entity includes Hilltop International.

    Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12995 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P