Export Trade Certificate of Review, 4254-4255 [2016-01570]

Download as PDF 4254 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices ‘‘flaws in the Department’s analysis’’ 13 with respect to each of the six criteria comprising the Department’s substantial transformation test, the Court instructed the Department to ‘‘reach a new country of origin determination because the record lacked substantial evidence to support the Department’s determination that the TRBs which achieved final processing in Thailand were products of China for purposes of the antidumping duty order.’’ 14 Consistent with the CIT’s remand order, the Department under protest redetermined the country of origin for certain merchandise under review and revised the dumping margin calculations to exclude U.S. sales of TRBs further processed in Thailand.15 In particular, the Department revised its findings with respect to five of the six criteria in its substantial transformation test, consistent with the Court’s order. Along with the surrogate value changes sustained in CPZ 07–08 II, the Department calculated a weightedaverage dumping margin for CPZ of 6.24 percent.16 On December 21, 2015, the CIT issued its decision in CPZ 07–08 III, in which it sustained the Department’s Second Remand Redetermination. The Court concluded that though the Department made certain errors in construing the Court’s opinion, the Department reached an ultimate determination that is supported by substantial evidence on the record and that accords with a reasonable, rather than expansive, interpretation of the scope of the antidumping duty order.17 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 21, 2015, judgment in this case constitutes a final court decision mstockstill on DSK4VPTVN1PROD with NOTICES 13 Id., 914 F. Supp. 2d at 1351. The Government subsequently moved for clarification regarding whether the Court in CPZ 07–08 II required the Department to find that TRBs were substantially transformed in Thailand, or whether the Court permitted the Department to make new findings under each of the substantial transformation criteria. On February 13, 2014, the Court responded to the Government’s motion, though the Court did not modify its previous ruling or provide further clarification. See Peer Bearing Company— Changshan v. United States, Court No. 10–00013, Slip Op. 14–15 (CIT 2014). 14 See CPZ 07–08 II, 914 F. Supp. 2d at 1356. 15 See Second Remand Redetermination at 33. 16 Id. 17 See CPZ 07–08 III, at 30. VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. DEPARTMENT OF COMMERCE Amended Final Results Export Trade Certificate of Review Because there is now a final court decision with respect to this case, the Department is amending the Final Results with respect to CPZ in this case. The revised weighted-average dumping margin for the June 1, 2007, through May 31, 2008, period of review is as follows: Exporter Final percent margin Peer Bearing Company— Changshan .............................. 6.24 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 Court’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise exported by the above listed exporters at the rate listed above. Cash Deposit Requirements In September 2008, Peer Bearing Company—Changshan was acquired by AB SKF, and the Department determined via a successor-in-interest analysis that the post-acquisition entity was not its successor in interest to the pre-acquisition exporter. As a consequence, Peer Bearing Company— Changshan effectively no longer exists, and its cash deposit rate 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), 751(a)(1), and 777(i)(1) of the Act. Dated: January 13, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–01573 Filed 1–25–16; 8:45 am] BILLING CODE P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 International Trade Administration [Application No. 97–13A03] Notice of Application for an Amended Export Trade Certificate of Review by Association for the Administration of Rice Quotas, Inc. (‘‘AARQ’’), Application No. 97–13A03. ACTION: The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended Export Trade Certificate of Review (‘‘Certificate’’) from AARQ. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued. SUMMARY: FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or email at etca@ trade.gov. Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001–21) 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 (2016). Section 302(b)(1) of the Export Trading 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 through OTEA 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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: Office of Trade and Economic Analysis, 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 amended Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 97–13A03.’’ Summary of the Application Applicant: Association for the Administration of Rice Quotas, Inc. Contact: c/o Matthew R. Elkin and Peter G. Mattocks, Morgan Lewis & Bockius LLP, 2020 K Street NW., Washington DC 20006. Application No.: 97–13A03. Date Deemed Submitted: January 11, 2016. AARQ seeks to amend its Certificate by making the following changes to the list of Members covered by the Certificate: 1. Deleting the following Members from its Certificate: a. Family & Sons, Inc., Miami, Florida b. Noble Logistics USA, Inc., Portland Oregon c. Rickmers Rice USA, Inc., Knoxville, Tennessee d. Texana Rice, Inc., Louise, Texas 2. Changing Nishimoto Trading Co., Ltd., Santa Fe Springs, California (a subsidiary of Nishimoto Trading Company, Ltd. (Japan) to Nishimoto Trading Co., Ltd. dba Wismettac Asian Foods, Santa Fe Springs, California (a subsidiary of Nishimoto Trading Company, Ltd. (Japan) 3. Changing PS International, LLC dba PS International Ltd., Chapel Hill, North Carolina (jointly owned by Seaboard Corporation, Kansas City Missouri and PS Trading Inc., Chapel Hill, North Carolina) to Interra International, LLC, Chapel Hill, North Carolina 4. Changing TRC Trading Corporation, Roseville, California (a subsidiary of TRC Group Inc., Roseville, California) and its subsidiary Gulf Rice Arkansas II, LLC, Houston, Texas to TRC Trading Corporation, Roseville, California (a subsidiary of VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 TRC Group Inc., Roseville, California) and its subsidiary Gulf Rice Arkansas II, LLC, Crawfordsville, Arkansas 5. Changing Veetee Rice, Inc., Great Neck, New York (a subsidiary of Veetee Investments Corporation (Bahamas)) to Veetee Foods Inc., Islandia, New York (a subsidiary of Veetee Investments Corporation (Bahamas)) AARQ’s proposed amendment of its Export Trade Certificate of Review would result in the following entities as Members under the Certificate: 1. ADM Latin, Inc., Decatur, Illinois, ADM Grain Company, Decatur, Illinois, and ADM Rice, Inc., Tarrytown, New York (subsidiaries of Archer Daniels Midland Company) 2. American Commodity Company, LLC, Williams, California 3. Associated Rice Marketing Cooperative (ARMCO), Richvale, California 4. Bunge Milling, Saint Louis, Missouri (a subsidiary of Bunge North America, White Plains, New York), dba PIRMI (Pacific International Rice Mills), Woodland, California 5. Cargill Americas, Inc., and its subsidiary CAI Trading, LLC, Coral Gables, Florida 6. Farmers’ Rice Cooperative, Sacramento, California 7. Farmers Rice Milling Company, Inc., Lake Charles, Louisiana 8. Far West Rice, Inc., Durham, California 9. Gulf Pacific Rice Co., Inc., Houston, Texas; Gulf Rice Milling, Inc., Houston, Texas; and Harvest Rice, Inc., McGehee, Arkansas (each a subsidiary of Gulf Pacific, Inc., Houston, Texas) 10. Gulf Pacific Disc, Inc., Houston, Texas 11. Itochu International Inc., Portland, Oregon (a subsidiary of Itochu Corporation (Japan)) 12. JFC International Inc., Los Angeles, California (a subsidiary of Kikkoman Corp.) 13. JIT Products, Inc., Davis, California 14. Kennedy Rice Dryers, L.L.C., Mer Rouge, Louisiana 15. Kitoku America, Inc., Burlingame, California (a subsidiary of Kitoku Shinryo Co., Ltd. (Japan)) 16. LD Commodities Rice Merchandising LLC, Wilton, Connecticut, and LD Commodities Interior Rice Merchandising LLC, Kansas City, Missouri (subsidiaries of Louis Dreyfus Commodities LLC, Wilton, Connecticut) 17. Louisiana Rice Mill, LLC, Mermentau, Louisiana PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 4255 18. Nidera US LLC, Wilton, Connecticut (a subsidiary of Nidera BV (Netherlands)) 19. Nishimoto Trading Co., Ltd. dba Wismettac Asian Foods, Santa Fe Springs, California (a subsidiary of Nishimoto Trading Company, Ltd. (Japan) 20. Producers Rice Mill, Inc., Stuttgart, Arkansas 21. Interra International, LLC, Chapel Hill, North Carolina 22. Riceland Foods, Inc., Stuttgart, Arkansas 23. Riviana Foods Inc., Houston, Texas (a subsidiary of Ebro Foods, S.A. (Spain)), for the activities of itself and its subsidiary, American Rice, Inc., Houston, Texas 24. Sinamco Trading Inc., Minneapolis, Minnesota 25. SunFoods LLC, Woodland, California 26. SunWest Foods, Inc., Davis, California 27. The Sun Valley Rice Co., LLC, Arbuckle, California 28. TRC Trading Corporation, Roseville, California (a subsidiary of TRC Group Inc., Roseville, California) and its subsidiary Gulf Rice Arkansas II, LLC, Crawfordsville, Arkansas 29. Veetee Foods Inc., Islandia, New York (a subsidiary of Veetee Investments Corporation (Bahamas)) 30. Wehah Farm, Inc., dba Lundberg Family Farms, Richvale, California Dated: January 20, 2016. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration. [FR Doc. 2016–01570 Filed 1–25–16; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–856] Certain Corrosion-Resistant Steel Products From Taiwan: Postponement of Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is postponing the deadline for issuing the final determination in the less-than-fair-value (‘‘LTFV’’) investigation of certain corrosion-resistant steel products (‘‘corrosion-resistant steel’’) from Taiwan. AGENCY: E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4254-4255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01570]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 97-13A03]


Export Trade Certificate of Review

ACTION: Notice of Application for an Amended Export Trade Certificate 
of Review by Association for the Administration of Rice Quotas, Inc. 
(``AARQ''), Application No. 97-13A03.

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SUMMARY: The Secretary of Commerce, through the International Trade 
Administration, Office of Trade and Economic Analysis (OTEA), has 
received an application for an amended Export Trade Certificate of 
Review (``Certificate'') from AARQ. This notice summarizes the proposed 
amendment and seeks public comments on whether the amended Certificate 
should be issued.

FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of 
Trade and Economic Analysis, International Trade Administration, by 
telephone at (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) 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 (2016). Section 302(b)(1) of the Export Trading 
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 through OTEA 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

[[Page 4255]]

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: Office of Trade and Economic 
Analysis, 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 amended 
Certificate. Comments should refer to this application as ``Export 
Trade Certificate of Review, application number 97-13A03.''

Summary of the Application

    Applicant: Association for the Administration of Rice Quotas, Inc.
    Contact: c/o Matthew R. Elkin and Peter G. Mattocks, Morgan Lewis & 
Bockius LLP, 2020 K Street NW., Washington DC 20006.
    Application No.: 97-13A03.
    Date Deemed Submitted: January 11, 2016.
    AARQ seeks to amend its Certificate by making the following changes 
to the list of Members covered by the Certificate:
1. Deleting the following Members from its Certificate:

    a. Family & Sons, Inc., Miami, Florida
    b. Noble Logistics USA, Inc., Portland Oregon
    c. Rickmers Rice USA, Inc., Knoxville, Tennessee
    d. Texana Rice, Inc., Louise, Texas
2. Changing Nishimoto Trading Co., Ltd., Santa Fe Springs, California 
(a subsidiary of Nishimoto Trading Company, Ltd. (Japan) to Nishimoto 
Trading Co., Ltd. dba Wismettac Asian Foods, Santa Fe Springs, 
California (a subsidiary of Nishimoto Trading Company, Ltd. (Japan)
3. Changing PS International, LLC dba PS International Ltd., Chapel 
Hill, North Carolina (jointly owned by Seaboard Corporation, Kansas 
City Missouri and PS Trading Inc., Chapel Hill, North Carolina) to 
Interra International, LLC, Chapel Hill, North Carolina
4. Changing TRC Trading Corporation, Roseville, California (a 
subsidiary of TRC Group Inc., Roseville, California) and its subsidiary 
Gulf Rice Arkansas II, LLC, Houston, Texas to TRC Trading Corporation, 
Roseville, California (a subsidiary of TRC Group Inc., Roseville, 
California) and its subsidiary Gulf Rice Arkansas II, LLC, 
Crawfordsville, Arkansas
5. Changing Veetee Rice, Inc., Great Neck, New York (a subsidiary of 
Veetee Investments Corporation (Bahamas)) to Veetee Foods Inc., 
Islandia, New York (a subsidiary of Veetee Investments Corporation 
(Bahamas))

    AARQ's proposed amendment of its Export Trade Certificate of Review 
would result in the following entities as Members under the 
Certificate:

1. ADM Latin, Inc., Decatur, Illinois, ADM Grain Company, Decatur, 
Illinois, and ADM Rice, Inc., Tarrytown, New York (subsidiaries of 
Archer Daniels Midland Company)
2. American Commodity Company, LLC, Williams, California
3. Associated Rice Marketing Cooperative (ARMCO), Richvale, California
4. Bunge Milling, Saint Louis, Missouri (a subsidiary of Bunge North 
America, White Plains, New York), dba PIRMI (Pacific International Rice 
Mills), Woodland, California
5. Cargill Americas, Inc., and its subsidiary CAI Trading, LLC, Coral 
Gables, Florida
6. Farmers' Rice Cooperative, Sacramento, California
7. Farmers Rice Milling Company, Inc., Lake Charles, Louisiana
8. Far West Rice, Inc., Durham, California
9. Gulf Pacific Rice Co., Inc., Houston, Texas; Gulf Rice Milling, 
Inc., Houston, Texas; and Harvest Rice, Inc., McGehee, Arkansas (each a 
subsidiary of Gulf Pacific, Inc., Houston, Texas)
10. Gulf Pacific Disc, Inc., Houston, Texas
11. Itochu International Inc., Portland, Oregon (a subsidiary of Itochu 
Corporation (Japan))
12. JFC International Inc., Los Angeles, California (a subsidiary of 
Kikkoman Corp.)
13. JIT Products, Inc., Davis, California
14. Kennedy Rice Dryers, L.L.C., Mer Rouge, Louisiana
15. Kitoku America, Inc., Burlingame, California (a subsidiary of 
Kitoku Shinryo Co., Ltd. (Japan))
16. LD Commodities Rice Merchandising LLC, Wilton, Connecticut, and LD 
Commodities Interior Rice Merchandising LLC, Kansas City, Missouri 
(subsidiaries of Louis Dreyfus Commodities LLC, Wilton, Connecticut)
17. Louisiana Rice Mill, LLC, Mermentau, Louisiana
18. Nidera US LLC, Wilton, Connecticut (a subsidiary of Nidera BV 
(Netherlands))
19. Nishimoto Trading Co., Ltd. dba Wismettac Asian Foods, Santa Fe 
Springs, California (a subsidiary of Nishimoto Trading Company, Ltd. 
(Japan)
20. Producers Rice Mill, Inc., Stuttgart, Arkansas
21. Interra International, LLC, Chapel Hill, North Carolina
22. Riceland Foods, Inc., Stuttgart, Arkansas
23. Riviana Foods Inc., Houston, Texas (a subsidiary of Ebro Foods, 
S.A. (Spain)), for the activities of itself and its subsidiary, 
American Rice, Inc., Houston, Texas
24. Sinamco Trading Inc., Minneapolis, Minnesota
25. SunFoods LLC, Woodland, California
26. SunWest Foods, Inc., Davis, California
27. The Sun Valley Rice Co., LLC, Arbuckle, California
28. TRC Trading Corporation, Roseville, California (a subsidiary of TRC 
Group Inc., Roseville, California) and its subsidiary Gulf Rice 
Arkansas II, LLC, Crawfordsville, Arkansas
29. Veetee Foods Inc., Islandia, New York (a subsidiary of Veetee 
Investments Corporation (Bahamas))
30. Wehah Farm, Inc., dba Lundberg Family Farms, Richvale, California

    Dated: January 20, 2016.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration.
[FR Doc. 2016-01570 Filed 1-25-16; 8:45 am]
BILLING CODE 3510-DR-P