Export Trade Certificate of Review, 55594-55595 [2015-23223]

Download as PDF 55594 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices were covered by the scope of the Orders, because they did not contain any nonaluminum extrusion components beyond fasteners.8 In its Remand Order, the Court remanded the underlying scope ruling and directed the Department to ‘‘clarify or reconsider, as appropriate, its inclusion of the ASE, ASH, and DJX3– W dock ladder kit models within the scope of the Orders . . .’’ 9 The Court also requested that the Department consider whether the exception to the ‘‘finished goods kit’’ exclusion in the scope is inapplicable because the nonaluminum components of the kits at issue are not fasteners.10 In the Remand Redetermination, the Department reconsidered the record evidence provided by ASC and found that certain components in the three dock ladder kits at issue (i.e., plastic coated cables included on one model and plastic end caps included in all three models) were not fasteners.11 Because all three of the ladder kit models under consideration include non-aluminum extrusions components other than fasteners (i.e., plastic coated cables and/or plastic end caps), and the Department had determined in the Final Scope Ruling that these three kits contained all the parts needed to fully assemble a finished good with no further fabrication,12 we concluded in the Remand Redetermination that the three dock ladder kits at issue each qualify for the finished goods kits exclusion provided by the scope and are not subject to the scope of the Orders.13 asabaliauskas on DSK7TPTVN1PROD with NOTICES Timken Notice In its decision in Timken 14 as clarified by Diamond Sawblades, the CAFC has held that, pursuant to sections 516A(c) and (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 August 27, 2015, judgment in unassembled in a ‘‘finished goods kit.’’ A finished goods kit is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good and requires no further finishing or fabrication, such as cutting or punching, and is assembled ‘‘as is’’ into a finished product. See, e.g., Antidumping Duty Order, 76 FR at 30651. 8 See Final Scope Ruling at 8. 9 See Remand Order at 5. 10 Id. 11 See Remand Redetermination at 7–11. 12 See Final Scope Ruling at 8. 13 See Remand Redetermination at 11–12. 14 See Timken, 893 F.2d at 341. VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 Asia Sourcing sustaining the Department’s decision in the Remand Redetermination finding that ASC’s dock ladder kit models ASE, ASH, and DJX3–W are excluded from the scope of the Orders, constitutes a final decision of that court that is not in harmony with the Department’s Final Scope Ruling. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the ASE, ASH, and DJX3– W dock ladder kits at issue pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Determination Because there is now a final court decision with respect to the dock ladder kits at issue, the Department amends its Final Scope Ruling. The Department finds that the scope of the Orders does not cover the ASE, ASH, and DJX3–W dock ladder kits addressed in the underlying scope request filed by ASC. The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) that the cash deposit rate will be zero percent for Asia Sourcing’s ASE, ASH, and DJX3–W dock ladder kits. In the event that the CIT’s ruling is not appealed, or if appealed, upheld by the CAFC, the Department will instruct CBP to liquidate any unliquidated entries of ASC’s ASE, ASH, and DJX3–W dock ladder kits without regard to antidumping and/or countervailing duties, and to lift suspension of liquidation of such entries. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: September 8, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–23052 Filed 9–15–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 99–10A005] Export Trade Certificate of Review Notice of Application to Amend the Export Trade Certificate of Review Issued to California Almond Export Association, LLC (‘‘CAEA’’), Application No. (99–10A005). ACTION: The Office of Trade and Economic Analysis (‘‘OTEA’’) of the International Trade Administration, Department of Commerce, has received SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 an application to amend an Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001–21) (‘‘the Act’’) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325 (2015). Section 302(b)(1) of the Export Trade Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its application. Under 15 CFR 325.6(a), interested parties may, within twenty days after the date of this notice, submit written comments to the Secretary on the application. Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the E:\FR\FM\16SEN1.SGM 16SEN1 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices amended Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 99–10A005.’’ Summary of the Application Applicant: California Almond Export Association, LLC (‘‘CAEA’’), 4800 Sisk Road, Modesto, CA 95356. Contact: Bill Morecraft, Chairman, Telephone: (916) 446–8537. Application No.: 99–10A005. Date Deemed Submitted: August 31, 2015. Proposed Amendment: CAEA seeks to amend its Certificate to add the following company as a Member of CAEA’s Certificate: California Gold Almonds, Modesto, CA. CAEA’s proposed amendment of its Export Trade Certificate of Review would result in the following companies as Members under the Certificate: Almonds California Pride, Inc., Caruthers, CA Baldwin-Minkler Farms, Orland, CA Blue Diamond Growers, Sacramento, CA California Gold Almonds, Modesto, CA Campos Brothers, Caruthers, CA Chico Nut Company, Chico, CA Del Rio Nut Company, Inc., Livingston, CA Fair Trade Corner, Inc., Chico, CA Fisher Nut Company, Modesto, CA Hilltop Ranch, Inc., Ballico, CA Hughson Nut, Inc., Hughson, CA Mariani Nut Company, Winters, CA Nutco, LLC d.b.a. Spycher Brothers, Turlock, CA Paramount Farms, Inc., Los Angeles, CA P–R Farms, Inc., Clovis, CA Roche Brothers International Family Nut Co., Escalon, CA RPAC Almonds, LLC, Los Banos, CA South Valley Almond Company, LLC, Wasco, CA Sunny Gem, LLC, Wasco, CA Western Nut Company, Chico, CA Dated: September 10, 2015. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration. [FR Doc. 2015–23223 Filed 9–15–15; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE asabaliauskas on DSK7TPTVN1PROD with NOTICES International Trade Administration [A–580–868] Large Residential Washers From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2012–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 On March 9, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on large residential washers (LRWs) from the Republic of Korea (Korea).1 The review covers three producers/exporters of the subject merchandise: Daewoo Electronics Corporation (Daewoo), LG Electronics, Inc. (LGE), and Samsung Electronics Co., Ltd. (Samsung). The period of review (POR) is August 3, 2012, through January 31, 2014. We gave interested parties an opportunity to comment on the Preliminary Results. After reviewing the comments received and making corrections to the margin calculations, where appropriate, we continue to find that sales of subject merchandise to the United States have been made at prices below normal value. The final dumping margins for the reviewed companies are listed below in the section entitled ‘‘Final Results of the Review.’’ DATES: Effective date: September 16, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo, 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) 482–4136 or (202) 482–4470, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: 55595 addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the order are all large residential washers and certain subassemblies thereof from Korea. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive.3 Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. Background For a complete description of the events that following the publication of the Preliminary Results, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s AD and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In Final Results of the Review Based on our analysis of the comments received, we made changes to the weighted-average dumping margin calculation for LGE. No party submitted comments on the Department’s preliminary decision to assign Daewoo and Samsung a margin based on adverse facts available (AFA) for their failure to respond to our request for information.4 As the facts with respect to these two respondents remain the same, we made no changes to the rate assigned to them as AFA in these final results.5 Therefore, we are assigning the following weighted-average dumping 1 See Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2012– 2014, 80 FR 12456 (March 9, 2015) (Preliminary Results). 2 See memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Large Residential Washers from the Republic of Korea,’’ dated concurrently with and adopted by this notice (Issues and Decision Memorandum). 3 A full description of the scope of the order is contained in the Issues and Decision Memorandum. The HTSUS numbers are revised from the numbers previously stated in the scope. See Memorandum to The File (MTF) entitled ‘‘Changes to the HTS Numbers to the ACE Case Reference Files for the Antidumping Duty Orders,’’ dated January 6, 2015. 4 See Preliminary Results, 80 FR 12457. 5 This rate equals the AFA rate of 82.41 percent adjusted for export subsidies totaling 3.30 percent assigned to Daewoo in the final determination of the CVD investigation of LRWs from Korea. See MTF, entitled ‘‘Source Documentation Relevant to Export Subsidy Adjustments,’’ dated concurrently with this notice, at Attachment I. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55594-55595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23223]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 99-10A005]


Export Trade Certificate of Review

ACTION: Notice of Application to Amend the Export Trade Certificate of 
Review Issued to California Almond Export Association, LLC (``CAEA''), 
Application No. (99-10A005).

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SUMMARY: The Office of Trade and Economic Analysis (``OTEA'') of the 
International Trade Administration, Department of Commerce, has 
received an application to amend an Export Trade Certificate of Review 
(``Certificate''). This notice summarizes the proposed amendment and 
requests comments relevant to whether the amended Certificate should be 
issued.

FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of 
Trade and Economic Analysis, International Trade Administration, (202) 
482-5131 (this is not a toll-free number) or email at etca@trade.gov.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 4001-21) (``the Act'') authorizes the 
Secretary of Commerce to issue Export Trade Certificates of Review. An 
Export Trade Certificate of Review protects the holder and the members 
identified in the Certificate from State and Federal government 
antitrust actions and from private treble damage antitrust actions for 
the export conduct specified in the Certificate and carried out in 
compliance with its terms and conditions. The regulations implementing 
Title III are found at 15 CFR part 325 (2015). Section 302(b)(1) of the 
Export Trade Company Act of 1982 and 15 CFR 325.6(a) require the 
Secretary to publish a notice in the Federal Register identifying the 
applicant and summarizing its application. Under 15 CFR 325.6(a), 
interested parties may, within twenty days after the date of this 
notice, submit written comments to the Secretary on the application.

Request for Public Comments

    Interested parties may submit written comments relevant to the 
determination whether an amended Certificate should be issued. If the 
comments include any privileged or confidential business information, 
it must be clearly marked and a nonconfidential version of the comments 
(identified as such) should be included. Any comments not marked as 
privileged or confidential business information will be deemed to be 
nonconfidential.
    An original and five (5) copies, plus two (2) copies of the 
nonconfidential version, should be submitted no later than 20 days 
after the date of this notice to: Export Trading Company Affairs, 
International Trade Administration, U.S. Department of Commerce, Room 
21028, Washington, DC 20230.
    Information submitted by any person is exempt from disclosure under 
the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential 
versions of the comments will be made available to the applicant if 
necessary for determining whether or not to issue the

[[Page 55595]]

amended Certificate. Comments should refer to this application as 
``Export Trade Certificate of Review, application number 99-10A005.''

Summary of the Application

    Applicant: California Almond Export Association, LLC (``CAEA''), 
4800 Sisk Road, Modesto, CA 95356.
    Contact: Bill Morecraft, Chairman, Telephone: (916) 446-8537.
    Application No.: 99-10A005.
    Date Deemed Submitted: August 31, 2015.
    Proposed Amendment: CAEA seeks to amend its Certificate to add the 
following company as a Member of CAEA's Certificate: California Gold 
Almonds, Modesto, CA.
    CAEA's proposed amendment of its Export Trade Certificate of Review 
would result in the following companies as Members under the 
Certificate:

Almonds California Pride, Inc., Caruthers, CA
Baldwin-Minkler Farms, Orland, CA
Blue Diamond Growers, Sacramento, CA
California Gold Almonds, Modesto, CA
Campos Brothers, Caruthers, CA
Chico Nut Company, Chico, CA
Del Rio Nut Company, Inc., Livingston, CA
Fair Trade Corner, Inc., Chico, CA
Fisher Nut Company, Modesto, CA
Hilltop Ranch, Inc., Ballico, CA
Hughson Nut, Inc., Hughson, CA
Mariani Nut Company, Winters, CA
Nutco, LLC d.b.a. Spycher Brothers, Turlock, CA
Paramount Farms, Inc., Los Angeles, CA
P-R Farms, Inc., Clovis, CA
Roche Brothers International Family Nut Co., Escalon, CA
RPAC Almonds, LLC, Los Banos, CA
South Valley Almond Company, LLC, Wasco, CA
Sunny Gem, LLC, Wasco, CA
Western Nut Company, Chico, CA

    Dated: September 10, 2015.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration.
[FR Doc. 2015-23223 Filed 9-15-15; 8:45 am]
 BILLING CODE 3510-DR-P