Steel Grating From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination in the Less-Than-Fair-Value Investigation and Notice of Amended Final Determination Pursuant to Court Decision, 43396-43397 [2014-17577]

Download as PDF 43396 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. emcdonald on DSK67QTVN1PROD with NOTICES Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.5 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For any individually examined respondent whose weighted-average dumping margin is not zero or de minimis (i.e., less than 0.50 percent), we will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).6 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis. Where either the respondent’s weightedaverage dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the PRC-wide entity, we will instruct CBP to assess antidumping duties at an ad valorem rate as appropriate. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by sections 751(a)(2)(C) of the Act: (1) For Takayasu, which at the outset of this review was not eligible for a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is de minimis, where the cash deposit rate will be zero); (2) For previously investigated or reviewed PRC and nonPRC exporters not listed above that 5 See 19 CFR 351.212(b)(1). these final results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 6 In VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 received a separate rate in a prior completed segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific cash deposit rate published for the most recently completed period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity, 44.30 percent; 7 and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 16, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum: 1. Summary a. Case History b. Scope of the Order 2. Discussion of the Methodology a. Non-Market Economy Status b. Separate Rates c. Surrogate Country d. Date of Sale e. Fair Value Comparisons i. Determination of Comparison Method ii. Results of the Differential Pricing Analysis f. U.S. Price i. Export Price ii. Value Added Tax g. Normal Value h. Factor Valuations i. Currency Conversion 7 See Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People’s Republic of China, 72 FR 19690, 19693 (April 19, 2007). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 3. Recommendation [FR Doc. 2014–17495 Filed 7–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–947] Steel Grating From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Determination in the Less-ThanFair-Value Investigation and Notice of Amended Final Determination Pursuant to Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 9, 2014, the United States Court of International Trade (‘‘CIT’’) sustained the Department of Commerce’s (the ‘‘Department’’) results of redetermination, pursuant to the CIT’s remand order, in Yantai Xinke Steel Structure Co., Ltd. v. United States, Slip Op. 2014–38 (CIT April 9, 2014), concerning the final determination of the less-than-fair-value investigation of certain steel grating from the People’s Republic of China (‘‘PRC’’).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 (Fed. Cir. 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 Determination, and it is amending the Final Determination with respect to Yantai Xinke Steel Structure Co., Ltd. (‘‘Yantai Xinke’’), Ningbo Haitian International Co., Ltd. (‘‘Haitian’’), and Ningbo Jiulong Machinery Co., Ltd (‘‘Jiulong’’). DATES: Effective Date: April 19, 2014. FOR FURTHER INFORMATION CONTACT: Brandon Farlander and Thomas Martin, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0182 and (202) 482–3936. AGENCY: 1 See Final Results of Redetermination Pursuant to Court Remand, Court No. 10–00240, dated January 18, 2013, available at: https:// enforcement.trade.gov/remands/ (‘‘Steel Grating Final Remand’’); Certain Steel Grating From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 75 FR 32366 (June 8, 2010) (‘‘Final Determination’’). E:\FR\FM\25JYN1.SGM 25JYN1 43397 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices SUPPLEMENTARY INFORMATION: Background On June 8, 2010, the Department published the Final Determination. Chinese exporters of steel grating from China, Yantai Xinke, Jiulong, and Haitian appealed the Department’s Final Determination to the CIT, and on July 18, 2012, the Court remanded certain issues to the Department for reconsideration.2 Consistent with the CIT’s holding, in the Steel Grating Final Remand, the Department recalculated Yantai Xinke’s and Haitian’s weightedaverage dumping margins using more contemporaneous surrogate value data, and assigned Jiulong a weighted-average dumping margin separate from that of the PRC-wide entity. The CIT subsequently affirmed the Department’s Steel Grating Final Remand on April 9, 2014. in harmony with the Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Timken Notice In its decision in Timken, 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 April 9, 2014, judgment sustaining the Steel Grating Final Remand constitutes a final decision of that court that is not Amended Final Determination Because there is now a final court decision with respect to this litigation, the Department is amending its Final Determination with respect to Yantai Xinke’s and Haitian’s weighted-average dumping margins, and is assigning Jiulong a weighted-average dumping margin that is separate from that of the PRC-wide entity. The revised weightedaverage dumping margins for the period October 1, 2008, through March 31, 2009, are as follows: Weightedaverage dumping margin (percent) Producer Exporter Ningbo Haitian International Co., Ltd ......................................... Yantai Xinke Steel Structure Co., Ltd ........................................ Ningbo Jiulong Machinery Manufacturing Co., Ltd .................... Ningbo Lihong Steel Grating Co., Ltd ........................................ Yantai Xinke Steel Structure Co., Ltd ........................................ Ningbo Jiulong Machinery Manufacturing Co., Ltd .................... Cash Deposit Requirements DEPARTMENT OF COMMERCE Since the expiration of the period of appeal has concluded, the Department will instruct United States Customs and Border Protection (‘‘CBP’’) to liquidate all entries of subject merchandise which were suspended pending a final and conclusive court decision in accordance with 19 CFR 351.212(b)(1). Since the Final Determination, the Department has not established a new cash deposit rate for Yantai Xinke, Haitian or Jiulong. Therefore, consistent with section 751(a)(1) of the Act, the Department will instruct CBP to collect cash deposits for entries of subject merchandise for Yantai Xinke, Haitian and Jiulong (as a party separate from the PRC-wide entity) equal to the weighted-average dumping margin listed above under ‘‘Amended Final Determination.’’ International Trade Administration Notification to Interested Parties emcdonald on DSK67QTVN1PROD with NOTICES This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: July 15, 2014. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2014–17577 Filed 7–24–14; 8:45 am] BILLING CODE 3510–DS–P 2 Yantai Xinke Steel Structure Co. v. United States, Slip Op. 2012–95 (CIT July 18, 2012). VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an InQuota Rate of Duty Enforcement and Compliance, International Trade Administration Department of Commerce. DATES: Effective Date: July 25, 2014. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230, telephone: (202) 482–3692. SUPPLEMENTARY INFORMATION: Section 702 of the Trade Agreements Act of 1979 (as amended) (the Act) requires the Department of Commerce (the Department) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in-quota rate of duty, as defined in section 702(h) of the Act, and to publish quarterly updates to the type and amount of those subsidies. We hereby provide the Department’s quarterly update of subsidies on articles of cheese that were imported during the periods January 1, 2014, through March 31, 2014. AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 38.16 38.16 145.18 The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies, as defined in section 702(h) of the Act, being provided either directly or indirectly by foreign governments on articles of cheese subject to an in-quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230. This determination and notice are in accordance with section 702(a) of the Act. Dated: July 16, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN– QUOTA RATE OF DUTY E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43396-43397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-947]


Steel Grating From the People's Republic of China: Notice of 
Court Decision Not in Harmony With the Final Determination in the Less-
Than-Fair-Value Investigation and Notice of Amended Final Determination 
Pursuant to Court Decision

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

SUMMARY: On April 9, 2014, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (the 
``Department'') results of redetermination, pursuant to the CIT's 
remand order, in Yantai Xinke Steel Structure Co., Ltd. v. United 
States, Slip Op. 2014-38 (CIT April 9, 2014), concerning the final 
determination of the less-than-fair-value investigation of certain 
steel grating from the People's Republic of China (``PRC'').\1\
---------------------------------------------------------------------------

    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 10-00240, dated January 18, 2013, available at: 
https://enforcement.trade.gov/remands/ (``Steel Grating 
Final Remand''); Certain Steel Grating From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 75 FR 
32366 (June 8, 2010) (``Final Determination'').
---------------------------------------------------------------------------

    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 (Fed. Cir. 
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 Determination, and it is amending the Final 
Determination with respect to Yantai Xinke Steel Structure Co., Ltd. 
(``Yantai Xinke''), Ningbo Haitian International Co., Ltd. 
(``Haitian''), and Ningbo Jiulong Machinery Co., Ltd (``Jiulong'').

DATES: Effective Date: April 19, 2014.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander and Thomas Martin, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0182 and (202) 482-3936.

[[Page 43397]]


SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2010, the Department published the Final Determination. 
Chinese exporters of steel grating from China, Yantai Xinke, Jiulong, 
and Haitian appealed the Department's Final Determination to the CIT, 
and on July 18, 2012, the Court remanded certain issues to the 
Department for reconsideration.\2\ Consistent with the CIT's holding, 
in the Steel Grating Final Remand, the Department recalculated Yantai 
Xinke's and Haitian's weighted-average dumping margins using more 
contemporaneous surrogate value data, and assigned Jiulong a weighted-
average dumping margin separate from that of the PRC-wide entity. The 
CIT subsequently affirmed the Department's Steel Grating Final Remand 
on April 9, 2014.
---------------------------------------------------------------------------

    \2\ Yantai Xinke Steel Structure Co. v. United States, Slip Op. 
2012-95 (CIT July 18, 2012).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, 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 April 9, 2014, judgment 
sustaining the Steel Grating Final Remand constitutes a final decision 
of that court that is not in harmony with the Final Determination. This 
notice is published in fulfillment of the publication requirements of 
Timken.

Amended Final Determination

    Because there is now a final court decision with respect to this 
litigation, the Department is amending its Final Determination with 
respect to Yantai Xinke's and Haitian's weighted-average dumping 
margins, and is assigning Jiulong a weighted-average dumping margin 
that is separate from that of the PRC-wide entity. The revised 
weighted-average dumping margins for the period October 1, 2008, 
through March 31, 2009, are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
             Producer                     Exporter            dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Ningbo Haitian International Co.,   Ningbo Lihong Steel            38.16
 Ltd.                                Grating Co., Ltd.
Yantai Xinke Steel Structure Co.,   Yantai Xinke Steel             38.16
 Ltd.                                Structure Co., Ltd.
Ningbo Jiulong Machinery            Ningbo Jiulong                145.18
 Manufacturing Co., Ltd.             Machinery
                                     Manufacturing Co.,
                                     Ltd.
------------------------------------------------------------------------

Cash Deposit Requirements

    Since the expiration of the period of appeal has concluded, the 
Department will instruct United States Customs and Border Protection 
(``CBP'') to liquidate all entries of subject merchandise which were 
suspended pending a final and conclusive court decision in accordance 
with 19 CFR 351.212(b)(1). Since the Final Determination, the 
Department has not established a new cash deposit rate for Yantai 
Xinke, Haitian or Jiulong. Therefore, consistent with section 751(a)(1) 
of the Act, the Department will instruct CBP to collect cash deposits 
for entries of subject merchandise for Yantai Xinke, Haitian and 
Jiulong (as a party separate from the PRC-wide entity) equal to the 
weighted-average dumping margin listed above under ``Amended Final 
Determination.''

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 15, 2014.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2014-17577 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-DS-P

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