Certain Steel Nails From the United Arab Emirates: Notice of Court Decision Not in Harmony With the Final Determination and Amended Final Determination of the Less Than Fair Value Investigation, 77316-77317 [2015-31429]

Download as PDF 77316 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices Information and Communication Technology • Budget Committee • Technical Programs Committee • Planning and Evaluation Committee • Election Assistance Commission Report • Executive Director’s Report • Public Comment (final 15 minutes of the meeting) Members of the public can provide comments either in-person or over the telephone during the final 15 minutes of the Board meeting on Wednesday, January 13, 2016. Any individual interested in providing comment is asked to pre-register by sending an email to bunales@access-board.gov with the subject line ‘‘Access Board meeting—Public Comment’’ with your name, organization, state, and topic of comment included in the body of your email. All emails to register for public comment must be received by Wednesday, January 6, 2016. Commenters will be called on in the order by which they pre-registered. 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[FR Doc. 2015–31498 Filed 12–10–15; 4:15 pm] [FR Doc. 2015–31403 Filed 12–11–15; 8:45 am] BILLING CODE 8610–01–P mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 8150–01–P BROADCASTING BOARD OF GOVERNORS Government in the Sunshine Act Meeting Notice Wednesday, December 16, 2015, 9:15 a.m.–11:30 a.m. EST. DATE AND TIME: VerDate Sep<11>2014 17:36 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 International Trade Administration Certain Steel Nails From the United Arab Emirates: Notice of Court Decision Not in Harmony With the Final Determination and Amended Final Determination of the Less Than Fair Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 3, 2015, the United States Court of International Trade (Court) sustained the Department of Commerce’s (the Department) Final Remand Redetermination pertaining to the less-than-fair-value (LTFV) investigation of certain steel nails from the United Arab Emirates.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 Court’s final judgment in this case is not in harmony with the Final Determination, and that the Department is amending the Final Determination with respect to Dubai Wire FZE (Dubai Wire), and Precision Fasteners LLC (Precision Fasteners).2 The period of investigation (POI) is January 1, 2010, through December 31, 2010. DATES: Effective Date: November 13, 2015. FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–0198 or (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 1 See Mid Continent Nail Corp. v. United States, CIT Consol. Court No. 12–00133, Slip Op. 15–122 (November 3, 2015); Final Results of Redetermination Pursuant to Court Remand, Court No. 12–00133, dated September 30, 2014 (Final Remand Redetermination); Mid Continent Nail Corp. v. United States, 999 F. Supp. 2d 1307 (CIT 2014) (Remand Order). 2 See Certain Steel Nails from the United Arab Emirates: Final Determination of Sales at Less Than Fair Value, 77 FR 17029 (March 23, 2012) as amended by Certain Steel Nails from the United Arab Emirates: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012), (collectively, Final Determination). E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices any cash deposit.’’ See Sections 735(c)(2)(A) and (B) of the Act. As a result of this amended final determination, in which the Department calculated a weighted-average dumping margin of 0.00 percent for Precision Fasteners, the Department is hereby excluding merchandise from the following producer/exporter chain from the antidumping duty order: Producer: Precision Fasteners LLC Exporter: Precision Fasteners LLC Accordingly, the Department will direct U.S. Customs and Border Protection (CBP) to release any bonds or other security and refund cash deposits. This exclusion does not apply to merchandise produced by Precision Fasteners and exported by any other company. Therefore, resellers of Timken Notice merchandise produced, or produced In its decision in Timken, as clarified and exported by Precision Fasteners are by Diamond Sawblades, the CAFC held not entitled to the exclusion. Similarly, that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the exclusion does not apply to the Department must publish a notice of merchandise produced by any other company and exported by Precision a court decision that is not ‘‘in Fasteners. harmony’’ with a Department We note, however, that pursuant to determination and must suspend Timken the suspension of liquidation liquidation of entries pending a must continue during the pendency of ‘‘conclusive’’ court decision. The CIT’s the appeals process. Thus, at this time November 3, 2015, final judgment we will instruct CBP to continue the affirming the Final Remand suspension of liquidation at a cash Redetermination constitutes a final deposit rate of 0.0 percent for entries decision of that court which is not in produced and exported by Precision harmony with the Final Determination. Fasteners until otherwise instructed and This notice is published in fulfillment to release any bond or other security of the publication requirements of that Precision Fasteners made pursuant Timken. to the Final Determination. If the CIT’s Amended Final Determination ruling is not appealed, or if appealed and upheld, the Department will Because there is now a final court instruct CBP to terminate the decision, the Department is amending suspension of liquidation and to the Final Determination with respect to liquidate entries produced and exported both Dubai Wire and Precision by Precision Fasteners without regard to Fasteners. antidumping duties. As a result of the Weightedexclusion, the Department is average discontinuing the ongoing Producer or exporter dumping administrative review for Precision margin Fasteners, in part 5 and will not initiate (percent) any new administrative reviews of the Dubai Wire FZE .................... 2.86 antidumping duty order with respect to Precision Fasteners LLC ...... 0.00 merchandise produced and exported by Precision Fasteners. Partial Exclusion From Antidumping Lastly, we note that at this time, the Duty Order and Partial Discontinuation Department remains enjoined by Court of Antidumping Duty Administrative order from liquidating entries produced Review and/or exported by Precision Fasteners during the period 11/03/2011 through 4/ Pursuant to sections 735(c)(2) of the 30/2013 with the exception of the gap Act, ‘‘the investigation shall be period 05/02/2012 through 05/07/2012. terminated upon publication of that These entries will remain enjoined negative determination’’ and the Department shall ‘‘terminate the 5 See Initiation of Antidumping and suspension of liquidation’’ and ‘‘release Countervailing Duty Administrative Reviews, 80 FR any bond or other security, and refund mstockstill on DSK4VPTVN1PROD with NOTICES Background On June 26, 2014, the Court issued the Remand Order, upholding most aspects of the Final Determination, but remanding for the Department to apply a regulation the Court held had been improperly withdrawn.3 On remand, the Department applied the withdrawn regulation, under protest, and as a result, the estimated weighted-average dumping margins for Dubai Wire and Precision Fasteners changed. On November 3, 2015, the Court upheld the Final Remand Redetermination in full, and affirmed several other appealed issues which it had deferred ruling on pending the Department’s remand findings.4 3 See Mid Continent, 999 F. Supp. 2d at 1323. 4 See Mid Continent, Court No. 12–00133, Slip Op. 15–122 at *22. VerDate Sep<11>2014 17:36 Dec 11, 2015 Jkt 238001 37588 (July 1, 2015). The review will continue with regard to merchandise produced by Precision Fasteners and exported by another company or produced by any other company and exported by Precision Fasteners. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 77317 pursuant to the terms of the injunction during the pendency of any appeals process. Dubai Wire was a mandatory respondent in completed administrative reviews subsequent to the LTFV investigation and therefore the Dubai Wire LTFV redetermination weightedaverage dumping margin is superseded by the cash deposit rate currently in effect for Dubai Wire.6 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: December 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–31429 Filed 12–11–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The Renewable Energy and Energy Efficiency Advisory Committee (RE&EEAC) will hold a meeting on Tuesday, February 2, 2016 at the U.S. Department of Commerce Herbert C. Hoover Building in Washington, DC. The meeting is open to the public and interested parties are requested to contact the U.S. Department of Commerce in advance of the meeting. DATES: February 2, 2016, from approximately 8:30 a.m. to 4 p.m. Eastern Standard Time (EST). Members of the public wishing to participate must notify Victoria Gunderson at the contact information below by 5:00 p.m. DST on Friday, January 29, 2016, in order to pre-register. FOR FURTHER INFORMATION, PLEASE CONTACT: Victoria Gunderson, Office of Energy and Environmental Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482–7890; email: Victoria.Gunderson@trade.gov. SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the RE&EEAC SUMMARY: 6 See Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2013–2014, 80 FR 32527, 32528 (June 9, 2015). E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77316-77317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31429]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-804]


Certain Steel Nails From the United Arab Emirates: Notice of 
Court Decision Not in Harmony With the Final Determination and Amended 
Final Determination of the Less Than Fair Value Investigation

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

SUMMARY: On November 3, 2015, the United States Court of International 
Trade (Court) sustained the Department of Commerce's (the Department) 
Final Remand Redetermination pertaining to the less-than-fair-value 
(LTFV) investigation of certain steel nails from the United Arab 
Emirates.\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 Court's final judgment in this case is not in harmony with the 
Final Determination, and that the Department is amending the Final 
Determination with respect to Dubai Wire FZE (Dubai Wire), and 
Precision Fasteners LLC (Precision Fasteners).\2\ The period of 
investigation (POI) is January 1, 2010, through December 31, 2010.
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    \1\ See Mid Continent Nail Corp. v. United States, CIT Consol. 
Court No. 12-00133, Slip Op. 15-122 (November 3, 2015); Final 
Results of Redetermination Pursuant to Court Remand, Court No. 12-
00133, dated September 30, 2014 (Final Remand Redetermination); Mid 
Continent Nail Corp. v. United States, 999 F. Supp. 2d 1307 (CIT 
2014) (Remand Order).
    \2\ See Certain Steel Nails from the United Arab Emirates: Final 
Determination of Sales at Less Than Fair Value, 77 FR 17029 (March 
23, 2012) as amended by Certain Steel Nails from the United Arab 
Emirates: Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012), 
(collectively, Final Determination).

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DATES: Effective Date: November 13, 2015.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0198 
or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 77317]]

Background

    On June 26, 2014, the Court issued the Remand Order, upholding most 
aspects of the Final Determination, but remanding for the Department to 
apply a regulation the Court held had been improperly withdrawn.\3\ On 
remand, the Department applied the withdrawn regulation, under protest, 
and as a result, the estimated weighted-average dumping margins for 
Dubai Wire and Precision Fasteners changed. On November 3, 2015, the 
Court upheld the Final Remand Redetermination in full, and affirmed 
several other appealed issues which it had deferred ruling on pending 
the Department's remand findings.\4\
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    \3\ See Mid Continent, 999 F. Supp. 2d at 1323.
    \4\ See Mid Continent, Court No. 12-00133, Slip Op. 15-122 at 
*22.
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Timken Notice

    In its decision in Timken, 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 November 3, 2015, final judgment affirming the 
Final Remand Redetermination constitutes a final decision of that court 
which is not in harmony with the 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, the Department is 
amending the Final Determination with respect to both Dubai Wire and 
Precision Fasteners.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Dubai Wire FZE..........................................            2.86
Precision Fasteners LLC.................................            0.00
------------------------------------------------------------------------

Partial Exclusion From Antidumping Duty Order and Partial 
Discontinuation of Antidumping Duty Administrative Review

    Pursuant to sections 735(c)(2) of the Act, ``the investigation 
shall be terminated upon publication of that negative determination'' 
and the Department shall ``terminate the suspension of liquidation'' 
and ``release any bond or other security, and refund any cash 
deposit.'' See Sections 735(c)(2)(A) and (B) of the Act. As a result of 
this amended final determination, in which the Department calculated a 
weighted-average dumping margin of 0.00 percent for Precision 
Fasteners, the Department is hereby excluding merchandise from the 
following producer/exporter chain from the antidumping duty order:
    Producer: Precision Fasteners LLC
    Exporter: Precision Fasteners LLC
    Accordingly, the Department will direct U.S. Customs and Border 
Protection (CBP) to release any bonds or other security and refund cash 
deposits. This exclusion does not apply to merchandise produced by 
Precision Fasteners and exported by any other company. Therefore, 
resellers of merchandise produced, or produced and exported by 
Precision Fasteners are not entitled to the exclusion. Similarly, the 
exclusion does not apply to merchandise produced by any other company 
and exported by Precision Fasteners.
    We note, however, that pursuant to Timken the suspension of 
liquidation must continue during the pendency of the appeals process. 
Thus, at this time we will instruct CBP to continue the suspension of 
liquidation at a cash deposit rate of 0.0 percent for entries produced 
and exported by Precision Fasteners until otherwise instructed and to 
release any bond or other security that Precision Fasteners made 
pursuant to the Final Determination. If the CIT's ruling is not 
appealed, or if appealed and upheld, the Department will instruct CBP 
to terminate the suspension of liquidation and to liquidate entries 
produced and exported by Precision Fasteners without regard to 
antidumping duties. As a result of the exclusion, the Department is 
discontinuing the ongoing administrative review for Precision 
Fasteners, in part \5\ and will not initiate any new administrative 
reviews of the antidumping duty order with respect to merchandise 
produced and exported by Precision Fasteners.
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    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 37588 (July 1, 2015). The review will 
continue with regard to merchandise produced by Precision Fasteners 
and exported by another company or produced by any other company and 
exported by Precision Fasteners.
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    Lastly, we note that at this time, the Department remains enjoined 
by Court order from liquidating entries produced and/or exported by 
Precision Fasteners during the period 11/03/2011 through 4/30/2013 with 
the exception of the gap period 05/02/2012 through 05/07/2012. These 
entries will remain enjoined pursuant to the terms of the injunction 
during the pendency of any appeals process.
    Dubai Wire was a mandatory respondent in completed administrative 
reviews subsequent to the LTFV investigation and therefore the Dubai 
Wire LTFV redetermination weighted-average dumping margin is superseded 
by the cash deposit rate currently in effect for Dubai Wire.\6\
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    \6\ See Certain Steel Nails From the United Arab Emirates: Final 
Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 
32527, 32528 (June 9, 2015).
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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: December 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-31429 Filed 12-11-15; 8:45 am]
 BILLING CODE 3510-DS-P