Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Review and Amended Final Results of the Antidumping Duty Administrative Review, 2843-2844 [2016-00917]
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and further subject to a restriction
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foreign status (19 CFR 146.41).
Sawblades), the Department of
Commerce (the Department) is notifying
the public that the Court’s final
judgment in this case is not in harmony
with the AR2 Final Results 2 and that
the Department is amending the AR2
Final Results with respect to the ATM
Single Entity 3 and the PRC-wide entity.
DATES: Effective Date: October 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun 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) 482–5760 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Dated: January 12, 2016.
Andrew McGilvray,
Executive Secretary.
Background
[FR Doc. 2016–00918 Filed 1–15–16; 8:45 am]
BILLING CODE 3510–DS–P
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Same as Notification procedures
above.
DEPARTMENT OF COMMERCE
International Trade Administration
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Dated: January 12, 2016.
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Information and Privacy Act Officer.
[FR Doc. 2016–00834 Filed 1–15–16; 8:45 am]
BILLING CODE 3510–12–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
asabaliauskas on DSK5VPTVN1PROD with NOTICES
[B–57–2015]
Correction Notice; Authorization of
Production Activity; Foreign-Trade
Zone 265; Bauer Manufacturing Inc.;
(Stationary Oil/Gas Drilling Rigs);
Conroe, Texas
On August 19, 2015, the City of
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submitted a notification of proposed
production activity to the Foreign-Trade
Zones (FTZ) Board on behalf of Bauer
VerDate Sep<11>2014
17:50 Jan 15, 2016
Jkt 238001
2843
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With the Final Results of
Review and Amended Final Results of
the Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2015, the
United States Court of International
Trade (Court) sustained our final
remand redetermination pertaining to
the administrative review of the
antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China covering the
period November 1, 2010, through
October 31, 2011.1 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
AGENCY:
1 See Final Remand Redetermination pursuant to
Diamond Sawblades Manufacturers Coalition v.
United States, Court No. 13–00241, slip op. 14–112
(Ct. Int’l Trade Sept. 23, 2014), dated May 18, 2015,
and available at https://enforcement.trade.gov/
remands/14-112.pdf (AR2 Remand), aff’d, Diamond
Sawblades Manufacturers’ Coalition v. United
States, Court No. 13–00241, slip op. 15–116 (Ct.
Int’l Trade Oct. 21, 2015).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
On June 17, 2013, as amended on July
18, 2013, the Department published the
AR2 Final Results. The Diamond
Sawblades Manufacturers’ Coalition
(DSMC) challenged certain aspects of
the Department’s AR2 Final Results. On
September 23, 2014, the Court
remanded the AR2 Final Results to the
Department to: (1) Reconsider the ATM
Single Entity’s separate rate status; (2)
explain where in the statute or other
authority the Department finds the nonministerial discretion not to determine
if there is a pattern of differing export
price or constructed export price for the
purposes of using an alternate
comparison methodology, regardless of
whether an allegation is raised to that
effect; and (3) explain how the
methodology for valuing Weihai
Xiangguang Mechanical Industrial Co.,
Ltd.’s (Weihai) steel cores is consistent
with the first review, why Weihai’s
NME experience better reflects Weihai’s
experience of purchasing cores even
though it is located in an NME country,
and provide a full explanation of its
2 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2010–
2011, 78 FR 36166 (June 17, 2013), as amended in
Diamond Sawblades and Parts Thereof From the
People’s Republic of China: Amended Final Results
of Antidumping Duty Administrative Review; 2010–
2011, 78 FR 42930 (July 18, 2013) (collectively, AR2
Final Results).
3 The ATM Single Entity includes Advanced
Technology & Materials Co., Ltd., Beijing Gang Yan
Diamond Products Co., HXF Saw Co., Ltd., AT&M
International Trading Co., Ltd., and Cliff
International Ltd. See Diamond Sawblades and
Parts Thereof From the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review; 2009–2010, 78 FR 11143, 11144–45 n.9
(February 15, 2013), and Diamond Sawblades and
Parts Thereof From the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review: 2010–2011, 77 FR 73417,
73418 (December 10, 2012), unchanged in AR2
Final Results.
E:\FR\FM\19JAN1.SGM
19JAN1
2844
Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices
chosen methodology.4 On remand, the
Department (1) denied the ATM Single
Entity a separate rate and revised the
PRC-wide rate; (2) explained that the
Department’s practice is to require
targeted dumping allegations before the
preliminary results and, because DSMC
filed the targeted dumping allegation
after the preliminary results, the
targeted dumping allegation in this
review was untimely; and (3) explained
the Department’s methodology for
valuing Weihai’s steel cores.5 On
October 21, 2015, the Court upheld our
final remand redetermination for this
review in its entirety.6
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
Court’s final judgment affirming the
final remand redetermination
constitutes the Court’s final decision
which is not in harmony with the AR2
Final Results. This notice is published
in fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the subject
merchandise pending a final and
conclusive court decision.
Amended Final Results of Review
Because there is now a final court
decision, the Department is amending
the AR2 Final Results with respect to
the PRC-wide entity, which includes the
ATM Single Entity, as follows:
Exporter
asabaliauskas on DSK5VPTVN1PROD with NOTICES
PRC-Wide Entity (which includes the ATM Single Entity) ..........................................
Weightedaverage
dumping
margin
(percent)
82.05
In the event the Court’s ruling is
upheld by a final and conclusive court
decision, the Department will instruct
the U.S. Customs and Border Protection
to assess antidumping duties on
unliquidated entries of subject
4 See Diamond Sawblades Manufacturers
Coalition v. United States, Court No. 13–00241, slip
op. 14–112 (Ct. Int’l Trade Sept. 23, 2014).
5 See AR2 Remand.
6 See Diamond Sawblades Manufacturers’
Coalition v. United States, Court No. 13–00241, slip
op. 15–116 (Ct. Int’l Trade Oct. 21, 2015).
VerDate Sep<11>2014
17:50 Jan 15, 2016
Jkt 238001
merchandise based on the revised rate
the Department determined and listed
above.
Cash Deposit Requirements
Since the AR2 Remand, the
Department has established a new cash
deposit rate for the PRC-wide entity,
which includes the ATM Single Entity.7
Therefore, the cash deposit rate for the
PRC-wide entity does not need to be
updated as a result of these amended
final results.
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 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Coalition v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond
Sawblades), the Department of
Commerce (the Department) is notifying
the public that the Court’s final
judgment in this case is not in harmony
with the AR1 Final Results 2 and that
the Department is amending the AR1
Final Results with respect to the ATM
Single Entity 3 and the PRC-wide entity.
DATES: Effective Date: October 3, 2015.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun 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) 482–5760 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2016–00917 Filed 1–15–16; 8:45 am]
Background
BILLING CODE 3510–DS–P
On February 15, 2013, the Department
published the AR1 Final Results. The
Diamond Sawblades Manufacturers’
Coalition challenged the Department’s
decisions to grant the ATM Single
Entity a separate rate and to not collapse
the state-owned enterprise, China Iron &
Steel Research Institute, within the
ATM Single Entity.4 The Department
requested a voluntary remand to
reconsider the separate rate eligibility
for the ATM Single Entity in this review
and the Court granted the Department’s
request.5 On remand, the Department
determined that the ATM Single Entity
was ineligible for a separate rate and
also revised the PRC-wide rate.6 On
September 23, 2015, the Court entered
judgment sustaining the final remand
redetermination for this review in its
entirety.7
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With the Final Results of
Review and Amended Final Results of
the Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On September 23, 2015, the
United States Court of International
Trade (Court) sustained our final
remand redetermination pertaining to
the administrative review of the
antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China covering the
period January 23, 2009, through
October 31, 2010.1 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.
AGENCY:
7 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China; Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 32344 (June 8, 2015).
1 See Final Results of Redetermination pursuant
to Diamond Sawblades Manufacturers’ Coalition v.
United States, Court No. 13–00078, slip op. 14–50
(Ct. Int’l Trade April 29, 2014), dated April 10,
2015, and available at https://enforcement.trade.gov/
remands/14–50.pdf (AR1 Remand), aff’d, Diamond
Sawblades Manufacturers’ Coalition v. United
States, Court No. 13–00078, slip op. 15–105 (Ct.
Int’l Trade September 23, 2015).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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
2 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2009–
2010, 78 FR 11143 (February 15, 2013) (AR1 Final
Results).
3 The ATM Single Entity includes Advanced
Technology & Materials Co., Ltd., Beijing Gang Yan
Diamond Products Co., HXF Saw Co., Ltd., AT&M
International Trading Co., Ltd., and Cliff
International Ltd. See AR1 Final Results, 78 FR at
11144–45 n.9.
4 See Diamond Sawblades Manufacturers’
Coalition v. United States, Court No. 13–00078, slip
op. 14–50 (Ct. Int’l Trade April 29, 2014).
5 Id.
6 See AR1 Remand.
7 See Diamond Sawblades Manufacturers’
Coalition v. United States, Court No. 13–00078, slip
op. 15–105 (Ct. Int’l Trade Sept. 23, 2015).
E:\FR\FM\19JAN1.SGM
19JAN1
Agencies
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2843-2844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00917]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Notice of Court Decision Not in Harmony With the Final Results
of Review and Amended Final Results of the Antidumping Duty
Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2015, the United States Court of International
Trade (Court) sustained our final remand redetermination pertaining to
the administrative review of the antidumping duty order on diamond
sawblades and parts thereof from the People's Republic of China
covering the period November 1, 2010, through October 31, 2011.\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 of Commerce (the Department) is notifying
the public that the Court's final judgment in this case is not in
harmony with the AR2 Final Results \2\ and that the Department is
amending the AR2 Final Results with respect to the ATM Single Entity
\3\ and the PRC-wide entity.
---------------------------------------------------------------------------
\1\ See Final Remand Redetermination pursuant to Diamond
Sawblades Manufacturers Coalition v. United States, Court No. 13-
00241, slip op. 14-112 (Ct. Int'l Trade Sept. 23, 2014), dated May
18, 2015, and available at https://enforcement.trade.gov/remands/14-112.pdf (AR2 Remand), aff'd, Diamond Sawblades Manufacturers'
Coalition v. United States, Court No. 13-00241, slip op. 15-116 (Ct.
Int'l Trade Oct. 21, 2015).
\2\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2010-2011, 78 FR 36166 (June 17, 2013), as amended in
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Amended Final Results of Antidumping Duty Administrative
Review; 2010-2011, 78 FR 42930 (July 18, 2013) (collectively, AR2
Final Results).
\3\ The ATM Single Entity includes Advanced Technology &
Materials Co., Ltd., Beijing Gang Yan Diamond Products Co., HXF Saw
Co., Ltd., AT&M International Trading Co., Ltd., and Cliff
International Ltd. See Diamond Sawblades and Parts Thereof From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2009-2010, 78 FR 11143, 11144-45 n.9
(February 15, 2013), and Diamond Sawblades and Parts Thereof From
the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review: 2010-2011, 77 FR 73417, 73418 (December
10, 2012), unchanged in AR2 Final Results.
---------------------------------------------------------------------------
DATES: Effective Date: October 31, 2015.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun 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) 482-5760
or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2013, as amended on July 18, 2013, the Department
published the AR2 Final Results. The Diamond Sawblades Manufacturers'
Coalition (DSMC) challenged certain aspects of the Department's AR2
Final Results. On September 23, 2014, the Court remanded the AR2 Final
Results to the Department to: (1) Reconsider the ATM Single Entity's
separate rate status; (2) explain where in the statute or other
authority the Department finds the non-ministerial discretion not to
determine if there is a pattern of differing export price or
constructed export price for the purposes of using an alternate
comparison methodology, regardless of whether an allegation is raised
to that effect; and (3) explain how the methodology for valuing Weihai
Xiangguang Mechanical Industrial Co., Ltd.'s (Weihai) steel cores is
consistent with the first review, why Weihai's NME experience better
reflects Weihai's experience of purchasing cores even though it is
located in an NME country, and provide a full explanation of its
[[Page 2844]]
chosen methodology.\4\ On remand, the Department (1) denied the ATM
Single Entity a separate rate and revised the PRC-wide rate; (2)
explained that the Department's practice is to require targeted dumping
allegations before the preliminary results and, because DSMC filed the
targeted dumping allegation after the preliminary results, the targeted
dumping allegation in this review was untimely; and (3) explained the
Department's methodology for valuing Weihai's steel cores.\5\ On
October 21, 2015, the Court upheld our final remand redetermination for
this review in its entirety.\6\
---------------------------------------------------------------------------
\4\ See Diamond Sawblades Manufacturers Coalition v. United
States, Court No. 13-00241, slip op. 14-112 (Ct. Int'l Trade Sept.
23, 2014).
\5\ See AR2 Remand.
\6\ See Diamond Sawblades Manufacturers' Coalition v. United
States, Court No. 13-00241, slip op. 15-116 (Ct. Int'l Trade Oct.
21, 2015).
---------------------------------------------------------------------------
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 Court's final judgment affirming the final remand
redetermination constitutes the Court's final decision which is not in
harmony with the AR2 Final Results. This notice is published in
fulfillment of the publication requirements of Timken. Accordingly, the
Department will continue the suspension of liquidation of the subject
merchandise pending a final and conclusive court decision.
Amended Final Results of Review
Because there is now a final court decision, the Department is
amending the AR2 Final Results with respect to the PRC-wide entity,
which includes the ATM Single Entity, as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
PRC-Wide Entity (which includes the ATM Single Entity).... 82.05
------------------------------------------------------------------------
In the event the Court's ruling is upheld by a final and conclusive
court decision, the Department will instruct the U.S. Customs and
Border Protection to assess antidumping duties on unliquidated entries
of subject merchandise based on the revised rate the Department
determined and listed above.
Cash Deposit Requirements
Since the AR2 Remand, the Department has established a new cash
deposit rate for the PRC-wide entity, which includes the ATM Single
Entity.\7\ Therefore, the cash deposit rate for the PRC-wide entity
does not need to be updated as a result of these amended final results.
---------------------------------------------------------------------------
\7\ See Diamond Sawblades and Parts Thereof From the People's
Republic of China; Final Results of Antidumping Duty Administrative
Review; 2012-2013, 80 FR 32344 (June 8, 2015).
---------------------------------------------------------------------------
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 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-00917 Filed 1-15-16; 8:45 am]
BILLING CODE 3510-DS-P