Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Second Amended Final Results of Administrative Review Pursuant to Court Decision, 42086-42087 [2015-17486]
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices
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Dated: July 13, 2015.
Rick Engler,
Board Member.
[FR Doc. 2015–17581 Filed 7–14–15; 4:15 pm]
BILLING CODE 6350–01–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:
Notice of Court Decision Not in
Harmony With Final Results of
Administrative Review and Notice of
Second Amended Final Results of
Administrative Review Pursuant to
Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 16, 2015, the United
States Court of International Trade
(‘‘CIT’’) issued its final judgment
vacating its decision in Peer Bearing
Co.—Changshan v. United States, 853 F.
Supp. 2d 1365 (CIT 2013) (‘‘CPZ II’’),
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AGENCY:
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and re-instating the Department of
Commerce’s (the ‘‘Department’’) first
redetermination issued on remand
(‘‘First Remand Redetermination’’) 1
with respect to the Department’s final
results of the 2006–2007 antidumping
duty administrative review of tapered
roller bearings and parts thereof,
finished and unfinished from the
People’s Republic of China.2 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
amended final results of review 3 and is
amending the Amended Final Results of
review with respect to the margin
determined for Peer Bearing Company—
Changshan (‘‘CPZ’’), an exporter and
producer of subject merchandise.
DATES: Effective Date: June 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5848.
SUPPLEMENTARY INFORMATION:
Subsequent to the publication of the
Final Results, CPZ filed a complaint
with the CIT challenging the
methodology used to determine its
margin in the Final Results.
On January 28, 2011, the CIT issued
a remand order to the Department,
instructing it, among other things, to: (1)
Redetermine the margin for CPZ based
on redetermined U.S. prices of CPZ’s
subject merchandise that are calculated
according to a method that complies
with law; and (2) review, reconsider,
and redetermine the surrogate values for
alloy steel wire rod, alloy steel bar, and
May 23, 2011, the Department issued its
Draft Results of Redetermination Pursuant to Court
Remand, and on July 1, 2011, it issued its Final
Results of Redetermination Pursuant to Remand
(July 1, 2011).
2 See Peer Bearing Co.—Changshan v. United
States, Court No. 09–00052, Slip Op. 15–61 (CIT
2015) (‘‘CIT’s Final Order’’).
3 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, 74 FR 3987 (January
22, 2009) (‘‘Final Results’’), as amended, Tapered
Roller Bearings 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, 78 FR 58996 (September 25, 2013)
(‘‘Amended Final Results’’).
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scrap from the production of cages.4 On
July 1, 2011, the Department issued its
First Remand Redetermination. On
August 2, 2012, the CIT issued its
decision in CPZ II,5 setting aside the
Department’s First Remand
Redetermination as contrary to law; and
instructing it to prepare a second
remand redetermination to: (1)
Determine the U.S. prices for CPZ’s
subject merchandise according to a
lawful method and in accordance with
the CIT’s current and prior opinion and
orders in this case; and, (2) review,
reconsider, and redetermine the
surrogate values for alloy steel wire rod,
alloy steel bar, and scrap from the
production of cages in accordance with
the CIT’s prior opinion and order in this
case. The Department issued its draft
remand results on September 7, 2012,
and its Final Results of Redetermination
Pursuant to Court Remand on October 2,
2012 (‘‘Second Remand
Redetermination’’). On August 30, 2013,
the CIT sustained the Department’s
Second Remand Redetermination (‘‘CPZ
III’’).6 The Department accordingly
amended its Final Results effective
September 9, 2013.7
The Timken Company (‘‘Timken’’), an
intervening domestic bearing producer,
and petitioner in the underlying
investigation, appealed the CIT’s
decision to the CAFC. On September 12,
2014, the CAFC ruled that the
Department’s application of adverse
facts available in its First Remand
Redetermination was supported by
substantial evidence.8 As a
consequence, it vacated the CIT’s
decision in CPZ III and ruled that on
remand, the CIT should reinstate the
Department’s application of adverse
facts available and its calculation of
CPZ’s margin in its First Remand
Redetermination.9 As noted above, on
June 15, 2015, the CIT issued its final
judgment vacating its decision in CPZ II
and re-instating the Department’s First
Remand Redetermination.10
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
4 See Peer Bearing Co.—Changshan v. United
States, 752 F. Supp. 2d 1353 (CIT 2011) (‘‘CPZ I’’).
5 See CPZ II.
6 Peer Bearing Co.—Changshan v. United States,
Court No. 09–00052, Slip. Op. 13–116 (CIT 2013)
(‘‘CPZ III’’)
7 See Amended Final Results.
8 See Peer Bearing Co.—Changshan v. United
States, 766 F.3d 1396, 1401 (CAFC 2014).
9 Id., at 1401.
10 See CIT’s Final Order.
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices
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 16, 2015, judgment in this case
constitutes a final decision of that court
that is not in harmony with the
Department’s Amended 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 this case, the
Department is amending the Amended
Final Results with respect to CPZ’s
weighted-average dumping margin,
effective June 26, 2015. The revised
dumping margin is as follows:
Percent
margin
Exporter
Peer
Bearing
Company
Changshan (‘‘CPZ’’) ..................
60.95
In the event the CIT’s ruling is not
appealed or, if appealed, upheld by the
CAFC, the Department will instruct U.S.
Customs and Border Protection to
liquidate entries of subject merchandise
based on the revised assessment rates
calculated by the Department.
Cash Deposit Requirements
Since the Final Results, in September
2008, CPZ was acquired by AB SKF, and
the Department determined via a
successor-in-interest analysis that the
post-acquisition, SKF-owned entity,
Changshan Peer Bearing was not the
successor in interest of CPZ.11 As a
consequence, CPZ no longer exists, and
its cash deposit rate does not need to be
updated as a result of these second
amended final results.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
Dated: July 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
tkelley on DSK3SPTVN1PROD with NOTICES
[FR Doc. 2015–17486 Filed 7–15–15; 8:45 am]
BILLING CODE
11 See
Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Final Results of the 2008–2009
Antidumping Duty Administrative Review, 76 FR
3086 (January 19, 2011).
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE038
Pacific Fishery Management Council;
Public Meetings and Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public work session.
AGENCY:
NMFS has reinitiated
consultation under the Endangered
Species Act (ESA) on the effects to
listed Pacific salmon species from
implementation of the Pacific Coast
Groundfish Fishery Management Plan.
NMFS announces a public work session
for interested stakeholders to provide
input relative to managing the impacts
to salmon from the groundfish fisheries.
NMFS is seeking information on the
amount and distribution of salmon
bycatch, salmon bycatch management in
the different sectors of the groundfish
fishery, and whether stakeholders
anticipate changes in fishing strategies
or target species over the next few years
that could alter the amount and
distribution of salmon bycatch. NMFS
and the Pacific Fishery Management
Council (Council) will consider the
information discussed at the work
session in developing and evaluating
the proposed action for the ESA
consultation.
DATES: The work session will be held as
a Webinar on Wednesday July 29, 2015
from 9 a.m. to 2 p.m. Pacific Daylight
Time, or until business for the day has
been completed. Written comments will
also be accepted via email. To be
considered in the work session report to
the Pacific Fishery Management Council
(Council), email comments must be
received no later than noon August 7,
2015.
ADDRESSES: Written comments may be
submitted via email to
GroundfishBO2015.wcr@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Persons who wish to receive further
information about the work session or
have questions about this notice should
contact Kevin Duffy at kevin.duffy@
noaa.gov or Becky Renko at
becky.renko@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
General
a. How may I participate in this
webinar? To join the Webinar visit this
Internet link: www.gotomeeting.com/
online/webinar/join-webinar and enter
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42087
the Webinar ID: 110–773–275. Your
name and email address are required.
To join the audio, participants can use
their computer’s microphone and
speakers (VoIP) or use their telephone:
Toll: +1 (415) 655–0059; Attendee
Access Code: 227–478–994. The Audio
Pin will be shown after joining the
webinar.
System Requirements for
participation: For PC-based attendees
the system requires Windows® 7, Vista,
or XP; for Mac®-based attendees the
system requires Mac OS® X 10.5 or
newer; for Mobile attendees the system
requires iPhone®, iPad®, AndroidTM
phone or Android tablet.
b. How can I get a copy of the webinar
materials? The Webinar will be based
on documents that are available online
in the Council’s June 2015 briefing book
under agenda item D.3. The relevant
briefing book materials include:
• NMFS report 1 on to salmon
bycatch in the groundfish fishery
• NMFS report 2, the 2006
supplemental biological opinion,
• NMFS supplemental powerpoint
The Council’s June 2015 briefing book
document is available on line at
www.pcouncil.org/resources/archives/
briefing-books/june-2015-briefing-book/
#gfJun2015.
c. What if I cannot attend this
Webinar? A video presentation will be
available online at
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/.
Interested persons are welcome to watch
the online video presentation and
submit written comments by email to
GroundfishBO2015.wcr@noaa.gov by
noon August 7, 2015.
Background
The groundfish fishery is a yearround, multi-species fishery occurring
off the coasts of Washington, Oregon,
and California. Salmon are encountered
as bycatch by vessels fishing for
groundfish. NMFS is in the process of
evaluating the groundfish fishery’s
interaction with salmon, including ESAlisted salmon. The purpose of the
Webinar is to engage with stakeholders
and management entities on information
relative to managing impacts to salmon
from the groundfish fisheries.
On January 22, 2013, the NMFS West
Coast Region’s Sustainable Fisheries
Division requested reinitiation of ESA
section 7 consultation addressing the
groundfish fishery’s effects on ESAlisted salmon. The request was based on
the evolution of the shorebased trawl
fishery under the trawl rationalization
framework, and new estimates of
Chinook and coho salmon catch in the
nearshore fixed gear fisheries (open
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]]>Agencies
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42086-42087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17486]
=======================================================================
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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: Notice of Court
Decision Not in Harmony With Final Results of Administrative Review and
Notice of Second Amended Final Results of Administrative Review
Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 16, 2015, the United States Court of International
Trade (``CIT'') issued its final judgment vacating its decision in Peer
Bearing Co.--Changshan v. United States, 853 F. Supp. 2d 1365 (CIT
2013) (``CPZ II''), and re-instating the Department of Commerce's (the
``Department'') first redetermination issued on remand (``First Remand
Redetermination'') \1\ with respect to the Department's final results
of the 2006-2007 antidumping duty administrative review of tapered
roller bearings and parts thereof, finished and unfinished from the
People's Republic of China.\2\ 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 amended final results of
review \3\ and is amending the Amended Final Results of review with
respect to the margin determined for Peer Bearing Company--Changshan
(``CPZ''), an exporter and producer of subject merchandise.
---------------------------------------------------------------------------
\1\ On May 23, 2011, the Department issued its Draft Results of
Redetermination Pursuant to Court Remand, and on July 1, 2011, it
issued its Final Results of Redetermination Pursuant to Remand (July
1, 2011).
\2\ See Peer Bearing Co.--Changshan v. United States, Court No.
09-00052, Slip Op. 15-61 (CIT 2015) (``CIT's Final Order'').
\3\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 74 FR 3987 (January 22,
2009) (``Final Results''), as amended, Tapered Roller Bearings 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, 78 FR 58996
(September 25, 2013) (``Amended Final Results'').
---------------------------------------------------------------------------
DATES: Effective Date: June 26, 2015.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, Office III, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-5848.
SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final
Results, CPZ filed a complaint with the CIT challenging the methodology
used to determine its margin in the Final Results.
On January 28, 2011, the CIT issued a remand order to the
Department, instructing it, among other things, to: (1) Redetermine the
margin for CPZ based on redetermined U.S. prices of CPZ's subject
merchandise that are calculated according to a method that complies
with law; and (2) review, reconsider, and redetermine the surrogate
values for alloy steel wire rod, alloy steel bar, and scrap from the
production of cages.\4\ On July 1, 2011, the Department issued its
First Remand Redetermination. On August 2, 2012, the CIT issued its
decision in CPZ II,\5\ setting aside the Department's First Remand
Redetermination as contrary to law; and instructing it to prepare a
second remand redetermination to: (1) Determine the U.S. prices for
CPZ's subject merchandise according to a lawful method and in
accordance with the CIT's current and prior opinion and orders in this
case; and, (2) review, reconsider, and redetermine the surrogate values
for alloy steel wire rod, alloy steel bar, and scrap from the
production of cages in accordance with the CIT's prior opinion and
order in this case. The Department issued its draft remand results on
September 7, 2012, and its Final Results of Redetermination Pursuant to
Court Remand on October 2, 2012 (``Second Remand Redetermination''). On
August 30, 2013, the CIT sustained the Department's Second Remand
Redetermination (``CPZ III'').\6\ The Department accordingly amended
its Final Results effective September 9, 2013.\7\
---------------------------------------------------------------------------
\4\ See Peer Bearing Co.--Changshan v. United States, 752 F.
Supp. 2d 1353 (CIT 2011) (``CPZ I'').
\5\ See CPZ II.
\6\ Peer Bearing Co.--Changshan v. United States, Court No. 09-
00052, Slip. Op. 13-116 (CIT 2013) (``CPZ III'')
\7\ See Amended Final Results.
---------------------------------------------------------------------------
The Timken Company (``Timken''), an intervening domestic bearing
producer, and petitioner in the underlying investigation, appealed the
CIT's decision to the CAFC. On September 12, 2014, the CAFC ruled that
the Department's application of adverse facts available in its First
Remand Redetermination was supported by substantial evidence.\8\ As a
consequence, it vacated the CIT's decision in CPZ III and ruled that on
remand, the CIT should reinstate the Department's application of
adverse facts available and its calculation of CPZ's margin in its
First Remand Redetermination.\9\ As noted above, on June 15, 2015, the
CIT issued its final judgment vacating its decision in CPZ II and re-
instating the Department's First Remand Redetermination.\10\
---------------------------------------------------------------------------
\8\ See Peer Bearing Co.--Changshan v. United States, 766 F.3d
1396, 1401 (CAFC 2014).
\9\ Id., at 1401.
\10\ See CIT's Final Order.
---------------------------------------------------------------------------
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
[[Page 42087]]
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 16, 2015,
judgment in this case constitutes a final decision of that court that
is not in harmony with the Department's Amended 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 this
case, the Department is amending the Amended Final Results with respect
to CPZ's weighted-average dumping margin, effective June 26, 2015. The
revised dumping margin is as follows:
------------------------------------------------------------------------
Percent
Exporter margin
------------------------------------------------------------------------
Peer Bearing Company Changshan (``CPZ'')..................... 60.95
------------------------------------------------------------------------
In the event the CIT's ruling is not appealed or, if appealed, upheld
by the CAFC, the Department will instruct U.S. Customs and Border
Protection to liquidate entries of subject merchandise based on the
revised assessment rates calculated by the Department.
Cash Deposit Requirements
Since the Final Results, in September 2008, CPZ was acquired by AB
SKF, and the Department determined via a successor-in-interest analysis
that the post-acquisition, SKF-owned entity, Changshan Peer Bearing was
not the successor in interest of CPZ.\11\ As a consequence, CPZ no
longer exists, and its cash deposit rate does not need to be updated as
a result of these second amended final results.
---------------------------------------------------------------------------
\11\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From the People's Republic of China: Final Results of
the 2008-2009 Antidumping Duty Administrative Review, 76 FR 3086
(January 19, 2011).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: July 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-17486 Filed 7-15-15; 8:45 am]
BILLING CODE
