Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review, 32692-32693 [2014-13258]
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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices
and will be published separately for
public comment. The proposed subzone
will be subject to the existing activation
limit of FTZ 44.
In accordance with the FTZ Board’s
regulations, Kathleen Boyce of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is July
16, 2014. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
July 31, 2014.
A copy of the application 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.
For further information, contact
Kathleen Boyce at
Kathleen.Boyce@trade.gov or (202) 482–
1346.
Dated: June 3, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–13253 Filed 6–5–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With Final
Results of Administrative Review and
Notice of Amended Final Results of
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 28, 2014, the
United States Court of International
Trade (‘‘CIT’’) issued its final judgment
affirming the Department of Commerce’s
(‘‘the Department’’) final results of
redetermination pursuant to second
remand of the tenth antidumping duty
administrative review of fresh garlic
from the People’s Republic of China.1
wreier-aviles on DSK5TPTVN1PROD with NOTICES
AGENCY:
1 See Jinan Yipin Corporation, Ltd. v. United
States, 971 F. Supp. 2d 1296 (CIT 2014) (‘‘Jinan
Yipin III’’); Final Results of Redetermination
Pursuant To Second Remand issued by the
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13:59 Jun 05, 2014
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Consistent with the decision of the
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 tenth administrative review of
fresh garlic from the People’s Republic
of China (‘‘PRC’’) with respect to the
margins assigned to Jinan Yipin
Corporation (‘‘Jinan Yipin’’), Sunny
Import & Export Ld. (‘‘Sunny’’), and
Linshu Dading Private Agricultural
Products Co., Ltd. (‘‘Linshu Dading’’)
(collectively, ‘‘Respondents’’) covering
the period of review (‘‘POR’’) November
1, 2003, through October 31, 2004.2
DATES:Effective Date: April 7, 2014.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1442.
SUPPLEMENTARY INFORMATION:
Subsequent to the publication of the
Final Results on May 4, 2006, seven
PRC producers and exporters of fresh
garlic filed a complaint with the CIT to
challenge various aspects of the Final
Results of the Department’s tenth
administrative review of the
antidumping duty order on fresh garlic
from the PRC.
On May 13, 2009, the Court sustained
the Department’s Final Results as to two
of seven issues (the use of the
intermediate input methodology to
value raw garlic bulbs, and the
Department’s calculation of surrogate
financial ratios), and remanded the
remaining five issues for further
consideration.3 On January 25, 2010, the
Court granted a motion for voluntary
dismissal concerning four of the seven
PRC producers that were involved in
this litigation.4 On September 26, 2011,
the Court sustained the Department’s
First Remand 5 as to one issue, the
Department, Consol. Ct. No. 06–00189, Slip Op. 11–
119 (CIT 2011), dated March 29, 2012 (‘‘Second
Remand’’).
2 See Fresh Garlic from the People’s Republic of
China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review and
Final Results of New Shipper Review, 71 FR 26329
(May 4, 2006) (‘‘Final Results’’).
3 See Zhengzhou Harmoni Spice Co. v. United
States, 617 F. Supp. 2d 1281 (CIT 2009).
4 See Zhengzhou Harmoni Spice Co. v. United
States, 675 F. Supp. 2d 1320 (CIT 2010).
5 See Final Results of Redetermination Pursuant
to Court Remand issued by the Department, Consol.
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valuation of ocean freight, and
remanded four issues regarding the
valuation of (1) raw garlic bulbs, (2)
labor, (3) cardboard packing cartons,
and (4) plastic jars and lids, to the
Department for further consideration.6
On March 28, 2014, the Court
sustained the Department’s Second
Remand, affirming the Department’s recalculation of the surrogate labor wage
rate and the Department’s selection of
surrogate values for raw garlic bulbs,
cardboard packing cartons, and plastic
jars and lids.7
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
March 28, 2014 judgment in this case
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.
Amended Final Results
Because there is now a final court
decision with respect to this case, the
Department is amending the Final
Results with respect to the Respondents’
weighted-average dumping margins for
the period November 1, 2003 through
October 31, 2004. The revised weightedaverage dumping margins are as follows:
Exporter
Jinan Yipin Corporation, Ltd.
Linshu Dading Private Agricultural Products Co., Ltd.
Sunny Import & Export Co.,
Ltd. ....................................
Percent
margin
0.00%
0.00%
0.04%
In the event the CIT’s ruling is not
appealed, or if appealed, upheld by the
CAFC, because the above margins are de
minimis, the Department will instruct
CBP to liquidate entries of subject
merchandise exported by the
Ct. No. 06–00189, Slip Op. 09–39 (CIT 2009), dated
(April 5, 2010) (‘‘First Remand’’).
6 See Jinan Yipin Corporation, Ltd. v. United
States, 800 F. Supp. 2d 1226 (CIT 2011).
7 See Jinan Yipin III, 971 F. Supp. 2d at 1296 (CIT
2014).
E:\FR\FM\06JNN1.SGM
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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices
Respondents without regard to dumping
duties.
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
Dated: May 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
amending the Rescission Notice by
striking this sentence.
Dated: May 30, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–13262 Filed 6–5–14; 8:45 am]
BILLING CODE 3510–DS–P
[FR Doc. 2014–13258 Filed 6–5–14; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE P
International Trade Administration
DEPARTMENT OF COMMERCE
7th Annual U.S. Industry Program at
the International Atomic Energy
Agency (IAEA) General Conference
International Trade Administration
[A–588–804]
Ball Bearings and Parts Thereof From
Japan: Amended Rescission of
Antidumping Duty Administrative
Review, in Part; 2010–2011
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending its
rescission in part for the administrative
review of the antidumping duty order
on ball bearings and parts thereof (ball
bearings) from Japan for the period May
1, 2010, through April 30, 2011.
DATES: Effective Date: June 6, 2014.
FOR FURTHER INFORMATION CONTACT:
Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0768 and (202) 482–1690
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Background
On May 8, 2014, in accordance with
19 CFR 351.213(d)(1), we published a
notice of rescission in part with respect
to the antidumping duty order on ball
bearings from Japan for the period May
1, 2010, through April 30, 2011.1
Amended Rescission of Review in Part
In our Rescission Notice we stated,
‘‘the Department intends to issue
appropriate assessment instructions to
U.S. Customs and Border Protection 15
days after publication of this notice.’’ In
light of our Timken Notice,2 we are
1 See Ball Bearings and Parts Thereof From Japan:
Rescission of Antidumping Duty Administrative
Review, in Part; 2010–2011, 79 FR 26405 (May 8,
2014) (Rescission Notice).
2 See Ball Bearings and Parts Thereof from Japan
and the United Kingdom: Notice of Court Decision
Not in Harmony With Continuation of Antidumping
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13:59 Jun 05, 2014
Jkt 232001
International Trade
Administration (ITA), Department of
Commerce, (DOC).
ACTION: Notice.
AGENCY:
The United States Department
of Commerce’s International Trade
Administration is amending the FR
Notice published at 79 FR 30547, May
28, 2014, regarding the 7th Annual U.S.
Industry Program at the International
Atomic Energy Agency (IAEA) General
Conference scheduled for September
21–24, 2014, to revise the dates of the
application deadline from June 14, 2014
to the new deadline of June 27, 2014.
SUPPLEMENTARY INFORMATION:
Amendment to Revise the Application
Deadline.
SUMMARY:
Background
Recruitment for this Mission began in
May 2014. Due to summer holidays, it
has been determined that additional
time is needed to allow for recruitment
and marketing in support of the
mission. Applications will now be
accepted through June 27, 2014 (and
after that date if space remains and
scheduling constraints permit).
Interested U.S. civil nuclear energy
firms, trade organizations, universities,
and research institutions that have not
already submitted an application are
encouraged to do so.
Amendment
For the reasons stated above, the
Timeframe for Recruitment and
Participation section of the Notice of the
7th Annual U.S. Industry Program at the
International Atomic Energy Agency
(IAEA) General Conference has been
amended. The U.S. Department of
Commerce will review applications and
make selection decisions on a rolling
basis beginning June 27, 2014. We will
inform all applicants of selection
Duty Orders, 76 FR 35401 (June 17, 2011) (Timken
Notice).
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32693
decisions no later than July 18, 2014.
Applications received after the June 27,
2014 deadline will be considered only
if space and scheduling constraints
permit.
FOR FURTHER INFORMATION CONTACT:
Jonathan Chesebro, Office of Energy &
Environmental Industries, Industry &
Analysis, Washington DC, Phone:
202–482–1297; Email:
jonathan.chesebro@trade.gov.
Marta Haustein, Embassy of the United
States of America, U.S. Commercial
Service Vienna, Austria, Phone:
+43(0) 1 313 39 2205; Email:
marta.haustein@trade.gov.
Shannon Fraser, International Business
Development, U.S. Commercial
Service—Silicon Valley, Phone: 408–
535–2757, ext. 106; Email:
shannon.fraser@trade.gov.
Dated: May 30, 2014.
Catherine Vial,
Team Leader, Environmental and Renewable
Energy Industries, Office of Energy and
Environmental Industries.
[FR Doc. 2014–13264 Filed 6–5–14; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of completion of panel
review of the Department of
Commerce’s final determination
concerning carbon and certain alloy
steel wire rod from Canada (Secretariat
File No. USA–CDA–2009–1904–01).
AGENCY:
Pursuant to the Decision and
Order of the Binational Panel dated
April 29, 2014, the panel review was
completed on May 30, 2014.
FOR FURTHER INFORMATION CONTACT:
Ellen Bohon, United States Secretary,
NAFTA Secretariat, Suite 2061, 14th
and Constitution Avenue, Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: On April
29, 2014, a Binational Panel issued its
Decision and Order upholding the final
results of the 2006–2007 administrative
review of the antidumping order issued
by the U.S. Department of Commerce
concerning Carbon and Certain Alloy
Steel Wire Rod from Canada. The
Secretariat was instructed to issue a
Notice of Completion of Panel Review
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32692-32693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13258]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Notice of Court
Decision Not in Harmony With Final Results of Administrative Review and
Notice of Amended Final Results of Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 28, 2014, the United States Court of International
Trade (``CIT'') issued its final judgment affirming the Department of
Commerce's (``the Department'') final results of redetermination
pursuant to second remand of the tenth antidumping duty administrative
review of fresh garlic from the People's Republic of China.\1\
Consistent with the decision of the 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 tenth administrative
review of fresh garlic from the People's Republic of China (``PRC'')
with respect to the margins assigned to Jinan Yipin Corporation
(``Jinan Yipin''), Sunny Import & Export Ld. (``Sunny''), and Linshu
Dading Private Agricultural Products Co., Ltd. (``Linshu Dading'')
(collectively, ``Respondents'') covering the period of review (``POR'')
November 1, 2003, through October 31, 2004.\2\
---------------------------------------------------------------------------
\1\ See Jinan Yipin Corporation, Ltd. v. United States, 971 F.
Supp. 2d 1296 (CIT 2014) (``Jinan Yipin III''); Final Results of
Redetermination Pursuant To Second Remand issued by the Department,
Consol. Ct. No. 06-00189, Slip Op. 11-119 (CIT 2011), dated March
29, 2012 (``Second Remand'').
\2\ See Fresh Garlic from the People's Republic of China: Final
Results and Partial Rescission of Antidumping Duty Administrative
Review and Final Results of New Shipper Review, 71 FR 26329 (May 4,
2006) (``Final Results'').
DATES:Effective Date:
April 7, 2014.
FOR FURTHER INFORMATION CONTACT: Erin Begnal, Office III, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-1442.
SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final
Results on May 4, 2006, seven PRC producers and exporters of fresh
garlic filed a complaint with the CIT to challenge various aspects of
the Final Results of the Department's tenth administrative review of
the antidumping duty order on fresh garlic from the PRC.
On May 13, 2009, the Court sustained the Department's Final Results
as to two of seven issues (the use of the intermediate input
methodology to value raw garlic bulbs, and the Department's calculation
of surrogate financial ratios), and remanded the remaining five issues
for further consideration.\3\ On January 25, 2010, the Court granted a
motion for voluntary dismissal concerning four of the seven PRC
producers that were involved in this litigation.\4\ On September 26,
2011, the Court sustained the Department's First Remand \5\ as to one
issue, the valuation of ocean freight, and remanded four issues
regarding the valuation of (1) raw garlic bulbs, (2) labor, (3)
cardboard packing cartons, and (4) plastic jars and lids, to the
Department for further consideration.\6\
---------------------------------------------------------------------------
\3\ See Zhengzhou Harmoni Spice Co. v. United States, 617 F.
Supp. 2d 1281 (CIT 2009).
\4\ See Zhengzhou Harmoni Spice Co. v. United States, 675 F.
Supp. 2d 1320 (CIT 2010).
\5\ See Final Results of Redetermination Pursuant to Court
Remand issued by the Department, Consol. Ct. No. 06-00189, Slip Op.
09-39 (CIT 2009), dated (April 5, 2010) (``First Remand'').
\6\ See Jinan Yipin Corporation, Ltd. v. United States, 800 F.
Supp. 2d 1226 (CIT 2011).
---------------------------------------------------------------------------
On March 28, 2014, the Court sustained the Department's Second
Remand, affirming the Department's re-calculation of the surrogate
labor wage rate and the Department's selection of surrogate values for
raw garlic bulbs, cardboard packing cartons, and plastic jars and
lids.\7\
---------------------------------------------------------------------------
\7\ See Jinan Yipin III, 971 F. Supp. 2d at 1296 (CIT 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) 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 March 28, 2014
judgment in this case 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.
Amended Final Results
Because there is now a final court decision with respect to this
case, the Department is amending the Final Results with respect to the
Respondents' weighted-average dumping margins for the period November
1, 2003 through October 31, 2004. The revised weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Percent
Exporter margin
------------------------------------------------------------------------
Jinan Yipin Corporation, Ltd............................ 0.00%
Linshu Dading Private Agricultural Products Co., Ltd.... 0.00%
Sunny Import & Export Co., Ltd.......................... 0.04%
------------------------------------------------------------------------
In the event the CIT's ruling is not appealed, or if appealed,
upheld by the CAFC, because the above margins are de minimis, the
Department will instruct CBP to liquidate entries of subject
merchandise exported by the
[[Page 32693]]
Respondents without regard to dumping duties.
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-13258 Filed 6-5-14; 8:45 am]
BILLING CODE P