Lightweight Thermal Paper From Germany: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of Antidumping Duty Administrative Review, 4243-4244 [2015-01505]

Download as PDF 4243 Notices Federal Register Vol. 80, No. 17 Tuesday, January 27, 2015 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. Dated January 22, 2015. David Mussatt, Chief. Regional Programs Unit. COMMISSION ON CIVIL RIGHTS asabaliauskas on DSK5VPTVN1PROD with NOTICES Agenda and Notice of Public Meeting of the Nevada Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Nevada Advisory Committee (Committee) to the Commission will be held on Friday, February 27, 2015, at the Department of Employment, Training and Rehabilitation, 2800 East St. Louis Avenue, Conference Room C, Las Vegas, NV 89104. The meeting is scheduled to begin at 2:30 p.m. and adjourn at approximately 4 p.m. The purpose of the meeting is for the Committee to consider and discuss a draft report on the militarization of police. Members of the public are entitled to submit written comments. The comments must be received in the Western Regional Office of the Commission by March 27, 2015. The address is Western Regional Office, U.S. Commission on Civil Rights, 300 N. Los Angeles Street, Suite 2010, Los Angeles, CA 90012. Persons wishing to email their comments may do so by sending them to Angelica Trevino, Civil Rights Analyst, Western Regional Office, at atrevino@usccr.gov. Persons who desire additional information should contact the Western Regional Office, at (213) 894–3437, (or for hearing impaired TDD 913–551–1414), or by email to atrevino@ usccr.gov. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting. Records generated from this meeting may be inspected and reproduced at the Western Regional Office, as they become available, both before and after the VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, www.usccr.gov, or to contact the Western Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. site, www.usccr.gov, or to contact the Rocky Mountain Regional Office at the above phone number, email or street address. The meeting will be conducted pursuant to the provision of the rules and regulations of the Commission and FACA. Dated: January 22, 2015. David Mussatt, Chief, Regional Programs Unit. [FR Doc. 2015–01386 Filed 1–26–15; 8:45 am] [FR Doc. 2015–01416 Filed 1–26–15; 8:45 am] BILLING CODE 6335–01–P BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Montana Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that an orientation and planning meeting of the Montana Advisory Committee to the Commission will convene at 1 p.m. (MDT) on Thursday, February 12, 2015, in the Community Room of the Billings Public Library, 510 North Broadway, Billings, MT 59101. The purpose of the orientation meeting is to inform the newly appointed Committee members about the rules of operation of Federal advisory committees and to select additional officers, as determined by the Committee. The purpose of the planning meeting is to discuss potential topics that the Committee may wish to study. Persons who desire additional information may contact the Rocky Mountain Regional Office, U.S. Commission on Civil Rights, 1961 Stout Street, Suite 13–201, Denver, CO 80294, phone 303–866–1040 and fax 303–866– 1050, or email to Evelyn Bohor at ebohor@usccr.gov. Persons needing accessibility services should contact the Rocky Mountain Regional Office at least 10 working days before the scheduled date of the meeting. Records generated from this meeting may be inspected and reproduced at the Rocky Mountain Regional Office, as they become available, both before and after the meeting. Persons interested in the word of this advisory committee are advised to go to the Commission’s Web PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 International Trade Administration [A–428–840] Lightweight Thermal Paper From Germany: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 31, 2014, the United States Court of International Trade (CIT) entered its final judgment in Papierfabrik August Koehler AG v. United States, Court No. 11–00147, affirming the Department of Commerce’s (the Department) final results of redetermination pursuant to remand of the 2008–2009 antidumping duty administrative review of lightweight thermal paper from Germany (Remand Redetermination).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 results of the administrative review of the antidumping duty order on lightweight thermal paper from Germany covering AGENCY: 1 See Final Results Of Redetermination Pursuant To Court Remand, Lightweight Thermal Paper from Germany Papierfabrik August Koehler AG v. United States, Court No.11–00147, Slip 0p.14–31 (CIT March 25, 2014), dated June 23, 2014 (Remand Redetermination). E:\FR\FM\27JAN1.SGM 27JAN1 4244 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices the period of review (POR) November 20, 2008, through October 31, 2009,2 and is amending the Final Results with respect to the weighted-average dumping margin assigned to Papierfabrik August Koehler AG (Koehler). DATES: Effective Date: January 10, 2015. FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3692 and (202) 482–1167, respectively. SUPPLEMENTARY INFORMATION: Background asabaliauskas on DSK5VPTVN1PROD with NOTICES On April 20, 2011, the Department published its Final Results in which it assigned Koehler a weighted-average dumping margin of 3.77 percent.3 At the CIT, Koehler challenged the Department’s determination to deny Koehler’s claimed adjustment for certain home market rebates in the Final Results.4 Upon review, the CIT remanded the Final Results, holding that the Department’s decision to disallow an adjustment to Koehler’s normal value for its monthly home market rebates (monatsbonus) was unsupported by law because the governing regulations 5 did not give the Department the discretion not to allow for such an adjustment.6 On remand, the Department reconsidered its findings and determined, under protest, that the court’s interpretation of the relevant regulations resulted in no alternative but to alter the Final Results by granting the home market rebate price adjustment claimed by Koehler.7 The resulting recalculated rate for Koehler is 0.03 percent, which is de minimis.8 On December 31, 2014, the CIT entered final judgment affirming the Remand Redetermination.9 2 See Lightweight Thermal Paper From Germany: Notice of Final Results of the First Antidumping Duty Administrative Review, 76 FR 22078 (April 20, 2011) (Final Results). 3 Id. 4 See Papierfabrik August Koehler AG v. United States, Court No. 11–00147. 5 See 19 CFR 351.401(c) and 19 CFR 351.102(b)(38). 6 See Papierfabrik August Koehler AG v. United States, 971 F. Supp. 2d 1246, 1250–59 (CIT 2014). 7 See Remand Redetermination at 4–5. 8 Id. 9 See Papierfabrik August Koehler AG v. United States, Court No. 11–000147, Slip Op. 14–160 (CIT December 31, 2014). VerDate Sep<11>2014 18:01 Jan 26, 2015 Jkt 235001 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 December 31, 2014 judgment affirming the Department’s Remand Redetermination with respect to Koehler constitutes a final decision of the Court that is not in harmony with the Department’s 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, we are amending the Final Results with respect to Koehler’s margin for the period November 20, 2008, through October 31, 2009. The revised weighted-average dumping margin is as follows: Manufacturer/exporter Papierfabrik August Koehler AG. Weighted-average margin (percent) 0.03 (de minimis.) 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. In the event the CIT’s final judgment is not appealed, or if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to liquidate unliquidated entries of the subject merchandise exported by Koehler during the POR without regard to duties because Koehler’s revised rate, as determined in the Remand Redetermination, is de minimis.10 Cash Deposit Requirements Since the Final Results, the Department has established a new cash deposit rate for Koehler. Therefore, Koehler’s cash deposit rate does not need to be updated as a result of these amended final results. The cash deposit rate for Koehler will remain the company-specific rate established for the most recent period during which the respondent was reviewed, which is 0.00 percent.11 10 See 19 CFR 351.106(c)(2). Lightweight Thermal Paper From Germany: Final Results of Antidumping Duty Administrative Review; 2011–2012, 79 FR 34719 (June 18, 2014). 11 See PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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: January 21, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–01505 Filed 1–26–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review and Final Results of the New Shipper Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 23, 2014, the Department of Commerce (the Department) published the preliminary results and partial rescission of the 26th administrative review and the preliminary results of one new shipper review (NSR) of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People’s Republic of China (PRC).1 The period of review (POR) is June 1, 2012, through May 31, 2013. Based on our analysis of the comments received, we have made certain changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of the Reviews.’’ DATES: Effective Date: January 27, 2015. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Steve Bailey, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6345 or (202) 482– 0193, respectively. AGENCY: 1 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review and Preliminary Results of the New Shipper Review; 2012–2013, 79 FR 42758 (July 23, 2014) (Preliminary Results), and accompanying Preliminary Decision Memorandum. E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4243-4244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01505]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany: Notice of Court Decision 
Not in Harmony With Final Results and Notice of Amended Final Results 
of Antidumping Duty Administrative Review

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

SUMMARY: On December 31, 2014, the United States Court of International 
Trade (CIT) entered its final judgment in Papierfabrik August Koehler 
AG v. United States, Court No. 11-00147, affirming the Department of 
Commerce's (the Department) final results of redetermination pursuant 
to remand of the 2008-2009 antidumping duty administrative review of 
lightweight thermal paper from Germany (Remand Redetermination).\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 
results of the administrative review of the antidumping duty order on 
lightweight thermal paper from Germany covering

[[Page 4244]]

the period of review (POR) November 20, 2008, through October 31, 
2009,\2\ and is amending the Final Results with respect to the 
weighted-average dumping margin assigned to Papierfabrik August Koehler 
AG (Koehler).
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    \1\ See Final Results Of Redetermination Pursuant To Court 
Remand, Lightweight Thermal Paper from Germany Papierfabrik August 
Koehler AG v. United States, Court No.11-00147, Slip 0p.14-31 (CIT 
March 25, 2014), dated June 23, 2014 (Remand Redetermination).
    \2\ See Lightweight Thermal Paper From Germany: Notice of Final 
Results of the First Antidumping Duty Administrative Review, 76 FR 
22078 (April 20, 2011) (Final Results).

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DATES:   Effective Date: January 10, 2015.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/
CVD Operations, 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-
3692 and (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 20, 2011, the Department published its Final Results in 
which it assigned Koehler a weighted-average dumping margin of 3.77 
percent.\3\ At the CIT, Koehler challenged the Department's 
determination to deny Koehler's claimed adjustment for certain home 
market rebates in the Final Results.\4\ Upon review, the CIT remanded 
the Final Results, holding that the Department's decision to disallow 
an adjustment to Koehler's normal value for its monthly home market 
rebates (monatsbonus) was unsupported by law because the governing 
regulations \5\ did not give the Department the discretion not to allow 
for such an adjustment.\6\ On remand, the Department reconsidered its 
findings and determined, under protest, that the court's interpretation 
of the relevant regulations resulted in no alternative but to alter the 
Final Results by granting the home market rebate price adjustment 
claimed by Koehler.\7\ The resulting recalculated rate for Koehler is 
0.03 percent, which is de minimis.\8\ On December 31, 2014, the CIT 
entered final judgment affirming the Remand Redetermination.\9\
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    \3\ Id.
    \4\ See Papierfabrik August Koehler AG v. United States, Court 
No. 11-00147.
    \5\ See 19 CFR 351.401(c) and 19 CFR 351.102(b)(38).
    \6\ See Papierfabrik August Koehler AG v. United States, 971 F. 
Supp. 2d 1246, 1250-59 (CIT 2014).
    \7\ See Remand Redetermination at 4-5.
    \8\ Id.
    \9\ See Papierfabrik August Koehler AG v. United States, Court 
No. 11-000147, Slip Op. 14-160 (CIT December 31, 2014).
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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 December 31, 2014 judgment 
affirming the Department's Remand Redetermination with respect to 
Koehler constitutes a final decision of the Court that is not in 
harmony with the Department's 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, we are amending the 
Final Results with respect to Koehler's margin for the period November 
20, 2008, through October 31, 2009. The revised weighted-average 
dumping margin is as follows:

------------------------------------------------------------------------
                                            Weighted-average margin
        Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Papierfabrik August Koehler AG.......  0.03 (de minimis.)
------------------------------------------------------------------------

    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. In the event the CIT's final judgment is not appealed, or if 
appealed, upheld by the CAFC, the Department will instruct U.S. Customs 
and Border Protection to liquidate unliquidated entries of the subject 
merchandise exported by Koehler during the POR without regard to duties 
because Koehler's revised rate, as determined in the Remand 
Redetermination, is de minimis.\10\
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    \10\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    Since the Final Results, the Department has established a new cash 
deposit rate for Koehler. Therefore, Koehler's cash deposit rate does 
not need to be updated as a result of these amended final results. The 
cash deposit rate for Koehler will remain the company-specific rate 
established for the most recent period during which the respondent was 
reviewed, which is 0.00 percent.\11\
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    \11\ See Lightweight Thermal Paper From Germany: Final Results 
of Antidumping Duty Administrative Review; 2011-2012, 79 FR 34719 
(June 18, 2014).
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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: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-01505 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P