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