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]

Download as PDF 32692 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 VerDate Mar<15>2010 13:59 Jun 05, 2014 Jkt 232001 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. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 06JNN1 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 VerDate Mar<15>2010 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). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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: E:\FR\FM\06JNN1.SGM 06JNN1

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