Polyethylene Terephthalate Film, Sheet, and Strip 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 Pursuant to Court Decision, 60136-60137 [2014-23796]
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60136
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
will be that for the PRC-wide entity; 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.
With respect to Hubei Nature, the new
shipper respondent, the Department
established a combination cash deposit
rate for this company consistent with its
practice as follows: (1) For subject
merchandise produced and exported by
Hubei Nature, the cash deposit rate will
be the rate established for Hubei Nature
in the final results of the NSR; (2) for
subject merchandise exported by Hubei
Nature, but not produced by Hubei
Nature, the cash deposit rate will be the
rate for the PRC-wide entity; and (3) for
subject merchandise produced by Hubei
Nature but not exported by Hubei
Nature, the cash deposit rate will be the
rate applicable to the exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice 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 these
PORs. 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.
We are issuing and publishing the
preliminary results of these reviews in
accordance with sections 751(a)(1),
751(a)(2)(B)(iv), 751(a)(3), 777(i) of the
Act and 19 CFR 351.213(h), 351.214 and
351.221(b)(4).
Dated: September 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Non-Market-Economy Country Status
6. Surrogate Country
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Surrogate Values
14. Currency Conversion
VerDate Sep<11>2014
17:17 Oct 03, 2014
Jkt 235001
15. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip 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 Pursuant to
Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 22, 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 Dupont Teijin
Films v. United States, 997 F. Supp. 2d
1338 (CIT 2014).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 PET
Film Final Results 2 and is amending the
final results with respect to the margins
assigned to Tianjin Wanhua Co., Ltd.,
Sichuan Dongfang Insulating Material
Co., Ltd., Fuwei Films (Shandong) Co.,
Ltd., and Shaoxing Xiangyu Green
Packing Co., Ltd. (‘‘Respondents’’) for
the period of review (‘‘POR’’) November
1, 2009, through October 31, 2010.
Effective Date: August 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3936.
AGENCY:
1 See Final Results of Redetermination Pursuant
to Court Remand, Court No. 12–00088, dated
February 7, 2014, available at: https://
enforcement.trade.gov/remands/ (‘‘PET
Film Final Remand’’).
2 See Polyethylene Terephthalate Film, Sheet, and
Strip from the People’s Republic of China: Final
Results of the 2009–2010 Antidumping Duty
Administrative Review of the Antidumping Duty
Order, 77 FR 14493 (March 12, 2012) (‘‘PET Film
Final Results’’).
PO 00000
Frm 00011
Fmt 4703
On March
12, 2012, the Department published the
PET Film Final Results. Domestic
producers Dupont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC,
Inc., and Toray Plastics (America), Inc.
appealed the PET Film Final Results to
the CIT, and on February 7, 2013, the
CIT issued its first remand order in this
case concerning the Department’s
selection of its surrogate country.3 On
August 21, 2013, the CIT issued its
second remand and ordered the
Department to reconsider its surrogate
country selection with the benefit of
2009 per-capita gross national income
data.4
Pursuant to the CIT’s remand
instructions, the Department, under
protest, selected South Africa as the
primary surrogate country for
calculating normal value.5 The CIT
sustained the Department’s PET Film
Final Remand on July 22, 2014,6 and, as
a result, the Respondents’ dumping
margins changed.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2014–23793 Filed 10–3–14; 8:45 am]
Sfmt 4703
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC has 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 July 22, 2014, judgment
sustaining the PET Film Final Remand
constitutes a final decision of that court
that is not in harmony with the PET
Film Final Results. This notice is
published in fulfillment of the
publication requirements of Timken.
Amended Final Results
Because there is now a final court
decision with respect to the PET Film
Final Results, the revised dumping
margins are as follows:
Exporter
Tianjin Wanhua Co., Ltd. ............
Sichuan Dongfang Insulating
Material Co., Ltd. ....................
Fuwei Films (Shandong) Co.,
Ltd. ..........................................
Weightedaverage
margin
(percent)
19.49
14.25
19.35
3 See Dupont Teijin Films v. United States, 896
F. Supp. 2d 1302 (CIT 2013).
4 See Dupont Teijin Films v. United States, 931
F. Supp. 2d 1297 (CIT 2013) (‘‘Remand Opinion
and Order’’).
5 See PET Film Final Remand.
6 See Dupont Teijin Films v. United States, 997
F. Supp. 2d 1338 (CIT 2014).
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
Weightedaverage
margin
(percent)
Exporter
Shaoxing Xiangyu Green Packing Co., Ltd. ............................
19.35
Because no party appealed the CIT’s
decision before the period of appeal
expired on September 22, 2014, the
CIT’s decision is now final and
conclusive. Accordingly, 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 the Respondents using the
revised assessment rates calculated by
the Department in the PET Film Final
Remand.
Cash Deposit Requirements
Since the PET Film Final Results, the
Department has established a new cash
deposit rate for the Respondents.7
Therefore, the Respondents’ cash
deposit rates do not need to be updated
as a result of these amended final
results. The cash deposit rate for the
Respondents will remain the rate
established for the subsequent and
most-recent period during which the
Respondents were reviewed.
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: September 29, 2014.
Paul Piquado,
Assistant Secretary For Enforcement and
Compliance.
[FR Doc. 2014–23796 Filed 10–3–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
Application(s) for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
7 See Polyethylene Terephthalate Film, Sheet, and
Strip From the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2011–2012, 79 FR 37715 (July 2, 2014).
VerDate Sep<11>2014
17:17 Oct 03, 2014
Jkt 235001
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before October 27,
2014. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5:00 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 14–021. Applicant:
Utah State University, 2400 Old Main
Hill, Logan, Utah 84322–2400.
Instrument: Respirometer for measuring
the oxygen consumption of aquatic
animals. Manufacturer: Loligo Systems,
Denmark. Intended Use: The instrument
will be used to better understand how
the ability of aquatic organisms to
obtain oxygen under different
environmental conditions affects their
growth, survivorship, distribution, and
abundance. The phenomenon being
studied is the rate of oxygen
consumption by aquatic invertebrates,
using the instrument under different
temperatures and pollution
concentrations. Continuous
measurement of metabolic (oxygen
consumption) response to stress by
small aquatic organisms (<10mm in
length) requires a flow-through system
with oxygen probes and equipment that
can both be programmed to precisely
increase the temperature of a water bath
and automatically detect ug level
changes in oxygen concentrations,
without which the research could not be
conducted. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: August 5,
2014.
Docket Number: 14–023. Applicant:
Louisiana State University, 202
Nicholson Hall, LSU, Baton Rouge, LA
70803. Instrument: Scanning Probe
Microscope (SPM)—scanning tunneling
microscopy. Manufacturer: SPECS
Surface Nano Analysis, Germany.
Intended Use: The instrument will be
used to elucidate catalytic properties of
metal and metal-oxide systems,
uncovering new schemes by which
organic molecules become
environmentally hazardous upon
chemisorption. Scanning tunneling
microscopy (STM) will be used to probe
the nanoscale atomic structure, growth,
and atomic/molecular dynamics of a
variety of systems, including metal
nanoclusters on oxides and grasphene,
metal oxide surfaces and metal surfaces.
All experiments will be conducted in
ultra-high vacuum conditions, including
in addition the STM, other surface
sciences probes such as electron-energy
loss spectroscopy, x-ray and UV
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
60137
photoemission spectroscopy. The
electronics and STM head must provide
60 frames per second scan rate with
pixel density of 128 x 128, the STM
head must be mounted on an 8 inch
flange with a vertical face, the
instrument must have the ability to
sputter clean the tip without removing
it from the STM scan head, the
tunneling bias voltage must be applied
to the sample, and the preamp must
collect current from the tip. Justification
for Duty-Free Entry: There are no
instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: August 26,
2014.
Dated: September 29, 2014.
Gregory W. Campbell,
Director of Subsidies Enforcement,
Enforcement and Compliance.
[FR Doc. 2014–23794 Filed 10–3–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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: October 6, 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 April 1, 2014, through June 30,
2014.
The Department has developed, in
consultation with the Secretary of
Agriculture, information on subsidies,
AGENCY:
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60136-60137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23796]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip 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 Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 22, 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 Dupont Teijin Films v. United States, 997 F. Supp. 2d 1338
(CIT 2014).\1\
---------------------------------------------------------------------------
\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 12-00088, dated February 7, 2014, available at:
https://enforcement.trade.gov/remands/ (``PET Film Final
Remand'').
---------------------------------------------------------------------------
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 PET Film Final Results \2\ and is amending the final
results with respect to the margins assigned to Tianjin Wanhua Co.,
Ltd., Sichuan Dongfang Insulating Material Co., Ltd., Fuwei Films
(Shandong) Co., Ltd., and Shaoxing Xiangyu Green Packing Co., Ltd.
(``Respondents'') for the period of review (``POR'') November 1, 2009,
through October 31, 2010.
---------------------------------------------------------------------------
\2\ See Polyethylene Terephthalate Film, Sheet, and Strip from
the People's Republic of China: Final Results of the 2009-2010
Antidumping Duty Administrative Review of the Antidumping Duty
Order, 77 FR 14493 (March 12, 2012) (``PET Film Final Results'').
---------------------------------------------------------------------------
Effective Date: August 1, 2014.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, Office IV, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION: On March 12, 2012, the Department published
the PET Film Final Results. Domestic producers Dupont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics
(America), Inc. appealed the PET Film Final Results to the CIT, and on
February 7, 2013, the CIT issued its first remand order in this case
concerning the Department's selection of its surrogate country.\3\ On
August 21, 2013, the CIT issued its second remand and ordered the
Department to reconsider its surrogate country selection with the
benefit of 2009 per-capita gross national income data.\4\
---------------------------------------------------------------------------
\3\ See Dupont Teijin Films v. United States, 896 F. Supp. 2d
1302 (CIT 2013).
\4\ See Dupont Teijin Films v. United States, 931 F. Supp. 2d
1297 (CIT 2013) (``Remand Opinion and Order'').
---------------------------------------------------------------------------
Pursuant to the CIT's remand instructions, the Department, under
protest, selected South Africa as the primary surrogate country for
calculating normal value.\5\ The CIT sustained the Department's PET
Film Final Remand on July 22, 2014,\6\ and, as a result, the
Respondents' dumping margins changed.
---------------------------------------------------------------------------
\5\ See PET Film Final Remand.
\6\ See Dupont Teijin Films v. United States, 997 F. Supp. 2d
1338 (CIT 2014).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC has 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 July 22, 2014,
judgment sustaining the PET Film Final Remand constitutes a final
decision of that court that is not in harmony with the PET Film Final
Results. This notice is published in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court decision with respect to the PET
Film Final Results, the revised dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Tianjin Wanhua Co., Ltd..................................... 19.49
Sichuan Dongfang Insulating Material Co., Ltd............... 14.25
Fuwei Films (Shandong) Co., Ltd............................. 19.35
[[Page 60137]]
Shaoxing Xiangyu Green Packing Co., Ltd..................... 19.35
------------------------------------------------------------------------
Because no party appealed the CIT's decision before the period of
appeal expired on September 22, 2014, the CIT's decision is now final
and conclusive. Accordingly, 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 the Respondents using
the revised assessment rates calculated by the Department in the PET
Film Final Remand.
Cash Deposit Requirements
Since the PET Film Final Results, the Department has established a
new cash deposit rate for the Respondents.\7\ Therefore, the
Respondents' cash deposit rates do not need to be updated as a result
of these amended final results. The cash deposit rate for the
Respondents will remain the rate established for the subsequent and
most-recent period during which the Respondents were reviewed.
---------------------------------------------------------------------------
\7\ See Polyethylene Terephthalate Film, Sheet, and Strip From
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2011-2012, 79 FR 37715 (July 2, 2014).
---------------------------------------------------------------------------
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: September 29, 2014.
Paul Piquado,
Assistant Secretary For Enforcement and Compliance.
[FR Doc. 2014-23796 Filed 10-3-14; 8:45 am]
BILLING CODE 3510-DS-P
