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]

Download as PDF 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: http:// enforcement.trade.gov/remands/index.html (‘‘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]


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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: 
http://enforcement.trade.gov/remands/index.html (``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