Drawn Stainless Steel Sinks From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Antidumping Duty Investigation, 63079-63080 [2014-25209]

Download as PDF Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices definition of a modified pound net leader before setting their gear, provide managers with the knowledge that the offshore leaders in a portion of the Virginia Chesapeake Bay are configured in a sea turtle-safe manner, and aid in enforcement efforts. This collection of information will end when Final Rule 0648–BB37 becomes effective and will be replaced by a training (consult the April 17, 2014 proposed rule (79 FR 21695) for details on the inspection program cessation). Affected Public: Individuals or households. Frequency: On occasion. Respondent’s Obligation: Mandatory. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Dated: October 17, 2014. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2014–25107 Filed 10–21–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting The Information Systems Technical Advisory Committee (ISTAC) will meet on November 5 and 6, 2014, 9:00 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to information systems equipment and technology. mstockstill on DSK4VPTVN1PROD with NOTICES Wednesday, November 5 Thursday, November 6 DEPARTMENT OF COMMERCE Closed Session International Trade Administration 6. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov, no later than October 29, 2014. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that public presentation materials or comments be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on December 5, 2013, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 section (10)(d))), that the portion of the meeting concerning trade secrets and commercial or financial information deemed privileged or confidential as described in 5 U.S.C. 552b(c)(4) and the portion of the meeting concerning matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: October 20, 2014. Yvette Springer, Committee Liaison Officer. [FR Doc. 2014–25245 Filed 10–21–14; 8:45 am] Open Session BILLING CODE 3510–JT–P 1. Welcome and Introductions 2. Working Group Reports 3. Old Business 4. Industry Presentations 5. New business VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 63079 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 [A–570–983] Drawn Stainless Steel Sinks From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Antidumping Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 27, 2014, the United States Court of International Trade (‘‘CIT’’ or ‘‘Court’’) issued its final judgment affirming the Department of Commerce’s (‘‘the Department’’) final results of redetermination pursuant to remand of the final determination of the antidumping duty investigation concerning drawn stainless steel sinks from the People’s Republic of China (‘‘PRC’’).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 (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 2 and is amending the final determination of the investigation with respect to the margin assigned to Shenzen Kehuaxing Industrial Ltd. (‘‘Kehuaxing’’), an exporter and producer of subject merchandise. DATES: Effective Date: July 7, 2014. FOR FURTHER INFORMATION CONTACT: Mandy Mallott, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6430. SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final Determination, Kehuaxing and its importer, Artisan Manufacturing Corporation (‘‘Artisan’’), filed a complaint with the CIT to challenge the rate assigned to Kehuaxing in the Final Determination. AGENCY: 1 See Artisan Mfg. Corp. v. United States, Ct. No. 13–00169 (CIT, June 27, 2014) (Court Order affirming remand redetermination). 2 See Drawn Stainless Steel Sinks From the People’s Republic of China: Investigation, Final Determination, 78 FR 13019 (February 26, 2013), amended by Drawn Stainless Steel Sinks from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013) (collectively, ‘‘Final Determination’’). E:\FR\FM\22OCN1.SGM 22OCN1 63080 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices On May 5, 2014, the Court issued a remand order to the Department regarding the assignment of the 76.53 percent PRC-wide rate to Kehuaxing, which resulted from the Department’s rejection of Kehuaxing’s untimely filed quantity and value questionnaire response, and the Department’s subsequent rejection of Kehuaxing’s separate rate application.3 Pursuant to the Court’s directive in the Remand Order, we requested and Kehuaxing timely provided these submissions for the record. We conducted a separate rate analysis and found that Kehuaxing demonstrated the absence of both de jure and de facto government control over its export activities and is thus eligible for a separate rate.4 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 June 27, 2014 judgment in this case constitutes a final decision of that court that is not in harmony with the Department’s 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 case, the Department is amending the Final Determination with respect to Kehuaxing’s weighted-average dumping margin, effective July 7, 2014. The revised weighted-average dumping margin is as follows: Exporter Producer Percent margin Shenzen Kehuaxing Industrial Ltd ............................................ Shenzen Kehuaxing Industrial Ltd ........................................... 33.51% Because no party appealed the CIT’s decision before the period of appeal expired on August 26, 2014, the CIT’s decision is now final and conclusive. Accordingly, the Department will instruct CBP to collect cash deposits for entries of subject merchandise exported and produced by Kehuaxing equal to the weighted-average dumping margin listed above, effective July 7, 2014, adjusted, where appropriate, for export subsidies and domestic subsidy passthrough offsets. This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: October 14, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–25209 Filed 10–21–14; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration Diamond Sawblades and Parts Thereof From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Sunset Review, Notice of Rescission of Sunset Review, and Advance Notification of New Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 3 See Artisan Mfg. Corp. v. United States, 978 F. Supp. 2d 1334 (Ct. Int’l Trade 2014) (‘‘Remand Order’’). 4 See Final Results Of Redetermination Pursuant To Court Remand, Artisan Manufacturing Corp. v. United States, Court No. 13–00169; Slip Op. 14–52 (CIT 2014), dated June 4, 2014, available at http://enforcement.trade.gov/remands/index.html. VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482–4136. Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), the Department of Commerce (the Department) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. In December 2013, the Department initiated a sunset review of the antidumping duty order on diamond sawblades and parts thereof from the People’s Republic of China five years from the imposition of the order in January 2009.1 On July 11, 2014, The Department published the 2014 Sunset Review.2 Notwithstanding the holding of the United States Court of Appeals for the Federal Circuit (CAFC) that ‘‘the statutory scheme impose{d} a mandatory duty on Commerce to issue antidumping duty orders covering the subject entries’’ as of January 2009,3 the 1 See Initiation of Five-year (‘‘Sunset’’) Review, 78 FR 72061 (December 2, 2013) (Initiation Notice). 2 See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 79 FR 40062 (July 11, 2014) (2014 Sunset Review). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 U.S. Court of International Trade (CIT) held, on September 23, 2014, that the 2014 Sunset Review was unlawful and premature, agreeing with the plaintiff that the five-year period should have been counted from November 2009. Thus, the CIT ordered the Department to rescind the 2014 Sunset Review and to re-initiate the sunset review of the antidumping duty order on diamond sawblades and parts thereof from the People’s Republic of China on November 4, 2014.4 Consistent with the decision of the CAFC in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades, the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s 2014 Sunset Review. The Department is therefore rescinding the 2014 Sunset Review. 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(c)(1) of the Tariff Act of 1930, as amended, 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 September 23, 2014, judgment constitutes a final decision of that court that is not in harmony with the Department’s 2014 Sunset Review. This 3 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374, 1382–1383 (Fed. Cir. 2010) (Diamond Sawblades). 4 See Diamond Sawblades Manufacturers’ Coalition v. United States, Court No. 13–00391, slip op. 2014–111, 2014 Ct. Intl. Trade LEXIS 112 (Ct. Int’l Trade Sep. 23, 2014) (Diamond Sawblades Manufacturers’ Coalition). E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63079-63080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25209]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Determination of 
Antidumping Duty Investigation

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

SUMMARY: On June 27, 2014, the United States Court of International 
Trade (``CIT'' or ``Court'') issued its final judgment affirming the 
Department of Commerce's (``the Department'') final results of 
redetermination pursuant to remand of the final determination of the 
antidumping duty investigation concerning drawn stainless steel sinks 
from the People's Republic of China (``PRC'').\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 (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 \2\ 
and is amending the final determination of the investigation with 
respect to the margin assigned to Shenzen Kehuaxing Industrial Ltd. 
(``Kehuaxing''), an exporter and producer of subject merchandise.
---------------------------------------------------------------------------

    \1\ See Artisan Mfg. Corp. v. United States, Ct. No. 13-00169 
(CIT, June 27, 2014) (Court Order affirming remand redetermination).
    \2\ See Drawn Stainless Steel Sinks From the People's Republic 
of China: Investigation, Final Determination, 78 FR 13019 (February 
26, 2013), amended by Drawn Stainless Steel Sinks from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013) 
(collectively, ``Final Determination'').

---------------------------------------------------------------------------
DATES: Effective Date: July 7, 2014.

FOR FURTHER INFORMATION CONTACT: Mandy Mallott, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6430.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final 
Determination, Kehuaxing and its importer, Artisan Manufacturing 
Corporation (``Artisan''), filed a complaint with the CIT to challenge 
the rate assigned to Kehuaxing in the Final Determination.

[[Page 63080]]

    On May 5, 2014, the Court issued a remand order to the Department 
regarding the assignment of the 76.53 percent PRC-wide rate to 
Kehuaxing, which resulted from the Department's rejection of 
Kehuaxing's untimely filed quantity and value questionnaire response, 
and the Department's subsequent rejection of Kehuaxing's separate rate 
application.\3\ Pursuant to the Court's directive in the Remand Order, 
we requested and Kehuaxing timely provided these submissions for the 
record. We conducted a separate rate analysis and found that Kehuaxing 
demonstrated the absence of both de jure and de facto government 
control over its export activities and is thus eligible for a separate 
rate.\4\
---------------------------------------------------------------------------

    \3\ See Artisan Mfg. Corp. v. United States, 978 F. Supp. 2d 
1334 (Ct. Int'l Trade 2014) (``Remand Order'').
    \4\ See Final Results Of Redetermination Pursuant To Court 
Remand, Artisan Manufacturing Corp. v. United States, Court No. 13-
00169; Slip Op. 14-52 (CIT 2014), dated June 4, 2014, available at 
http://enforcement.trade.gov/remands/index.html.
---------------------------------------------------------------------------

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 June 27, 2014 
judgment in this case constitutes a final decision of that court that 
is not in harmony with the Department's 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 
case, the Department is amending the Final Determination with respect 
to Kehuaxing's weighted-average dumping margin, effective July 7, 2014. 
The revised weighted-average dumping margin is as follows:

------------------------------------------------------------------------
           Exporter                    Producer          Percent margin
------------------------------------------------------------------------
Shenzen Kehuaxing Industrial    Shenzen Kehuaxing                33.51%
 Ltd.                            Industrial Ltd.
------------------------------------------------------------------------

    Because no party appealed the CIT's decision before the period of 
appeal expired on August 26, 2014, the CIT's decision is now final and 
conclusive. Accordingly, the Department will instruct CBP to collect 
cash deposits for entries of subject merchandise exported and produced 
by Kehuaxing equal to the weighted-average dumping margin listed above, 
effective July 7, 2014, adjusted, where appropriate, for export 
subsidies and domestic subsidy pass-through offsets.
    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-25209 Filed 10-21-14; 8:45 am]
BILLING CODE P