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, 32222-32223 [2014-12998]

Download as PDF 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 Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices 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. Electronic Submissions [FR Doc. 2014–12998 Filed 6–3–14; 8:45 am] Submit statements electronically to Tricia Van Orden, Executive Secretary, President’s Export Council via email: tricia.vanorden@trade.gov. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Paper Submissions International Trade Administration Meeting of the President’s Export Council International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an Open Meeting. AGENCY: The President’s Export Council will hold a meeting to deliberate on recommendations related to promoting the expansion of U.S. exports. Topics may include: Trade promotion authority; localization barriers to trade; reauthorization of the Export-Import Bank of the United States; trade facilitation; access to capital; technology-enabled small business exporters; innovation; the National Travel and Tourism Strategy; and the National Export Initiative. The final agenda will be posted at least one week in advance of the meeting on the President’s Export Council Web site at https://trade.gov/pec. DATES: June 19, 2014 at 9:30 a.m. (ET) ADDRESSES: The President’s Export Council meeting will be broadcast via live webcast on the Internet at https:// whitehouse.gov/live. FOR FURTHER INFORMATION CONTACT: Tricia Van Orden, Executive Secretary, President’s Export Council, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: 202– 482–5876, email: tricia.vanorden@ trade.gov. SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Background: The President’s Export Council was first established by Executive Order on December 20, 1973 to advise the President on matters relating to U.S. export trade and to report to the President on its activities and recommendations for expanding U.S. exports. The President’s Export Council was renewed most recently by Executive Order 13652 of September 30, 2013, for the two-year period ending September 30, 2015. This Committee is VerDate Mar<15>2010 16:05 Jun 03, 2014 Jkt 232001 established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. Public Submissions: The public is invited to submit written statements to the President’s Export Council by C.O.B. June 17, 2014 by either of the following methods: Send paper statements to Tricia Van Orden, Executive Secretary, President’s Export Council, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230. Statements will be posted on the President’s Export Council Web site (https://trade.gov/pec) without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make publicly available. Meeting minutes: Copies of the Council’s meeting minutes will be available within ninety (90) days of the meeting. Dated: May 28, 2014. Tricia Van Orden, Executive Secretary, President’s Export Council. [FR Doc. 2014–12921 Filed 6–3–14; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee (CINTAC) Meeting ITA, DOC. Notice of Federal Advisory Committee Meeting. AGENCY: ACTION: This notice sets forth the schedule and proposed agenda for a meeting of the CINTAC. DATES: The meeting is scheduled for Wednesday, June 25, 2014, at 9:00 a.m. Eastern Daylight Time (EDT). SUMMARY: The meeting will be held in Room 1412, U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Ave. NW., Washington, DC 20230. ADDRESSES: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 32223 Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, ITA, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. (Phone: 202– 482–1297; Fax: 202–482–5665; email: jonathan.chesebro@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC 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.), in response to an identified need for consensus advice from U.S. industry to the U.S. Government regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods and services export policies, programs, and activities will affect the U.S. civil nuclear industry’s competitiveness and ability to participate in the international market. Topics to be considered: The agenda for the Wednesday, June 25, 2014 CINTAC meeting is as follows: 9:00 a.m.–4:00 p.m. 1. International Trade Administration’s Civil Nuclear Trade Initiative Update 2. Civil Nuclear Trade Promotion Activities Discussion 3. Public comment period The meeting will be disabledaccessible. Public seating is limited and available on a first-come, first-served basis. Members of the public wishing to attend the meeting must notify Mr. Jonathan Chesebro at the contact information below by 5:00 p.m. EDT on Friday, June 20, 2014 in order to preregister for clearance into the building. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted, but may be impossible to fill. A limited amount of time will be available for pertinent brief oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of 30 minutes. Individuals wishing to reserve speaking time during the meeting must contact Mr. Chesebro and submit a brief statement of the general nature of the comments and the name and address of the proposed participant by 5:00 p.m. EDT on Friday, June 20, 2014. If the number of registrants requesting to make statements is greater than can be FOR FURTHER INFORMATION CONTACT: E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32222-32223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12998]


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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 2008-2009 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 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\
---------------------------------------------------------------------------

    \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'').

---------------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------

    \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).
    \5\ See Remand Redetermination.
    \6\ 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.\7\
---------------------------------------------------------------------------

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

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 weighted-average dumping 
margin is as follows:

------------------------------------------------------------------------
                                                               Percent
                          Exporter                              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

[[Page 32223]]

the revised assessment rate calculated by the Department in the Remand 
Redetermination.
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    \8\ The PRC-wide entity includes Hilltop International.
---------------------------------------------------------------------------

    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. 2014-12998 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P