Laminated Woven Sacks From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination Under Section 129 of the Uruguay Round Agreements Act, 23457-23459 [2016-09286]

Download as PDF Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 5, 2016. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Kathleen.Boyce@ trade.gov or (202) 482–1346. This correction to the Final Results is issued and published in accordance with sections 751(a)(1), 751(a)(2)(B)(iv), 751(a)(3), 777(i) of the Act and 19 CFR 351.213(h), 351.214 and 351.221(b)(4). of the Tariff Act of 1930, as amended. Dated: April 14, 2016. Andrew McGilvray, Executive Secretary. International Trade Administration [FR Doc. 2016–09285 Filed 4–20–16; 8:45 am] DEPARTMENT OF COMMERCE Stainless Steel Sheet and Strip From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation International Trade Administration AGENCY: [A–570–848] Freshwater Crawfish Tail Meat From the People’s Republic of China: Notice of Correction to Final Results of Antidumping Duty Administrative and New Shipper Reviews; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3477. SUPPLEMENTARY INFORMATION: On April 13, 2016, the Department of Commerce (the Department) published in the Federal Register the final results of the administrative and new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China.1 The Final Results contained an inadvertent error related to a certain company name. Specifically, the Final Results incorrectly identified Shanghai Ocean Flavor International Trading Co., Ltd. as Shanghai Ocean International International Trading Co., Ltd. in the ‘‘Final Results of the Administrative Review and New Shipper Reviews’’ section.2 jstallworth on DSK7TPTVN1PROD with NOTICES AGENCY: 1 See Freshwater Crawfish Tail Meat from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Reviews; 2013–2014, 81 FR 21840 (April 13, 2016) (Final Results). 2 Id., at 21841. 13:27 Apr 20, 2016 [FR Doc. 2016–09277 Filed 4–20–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [C–570–043] BILLING CODE 3510–DS–P VerDate Sep<11>2014 Dated: April 15, 2016. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Jkt 238001 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective April 21, 2016. FOR FURTHER INFORMATION CONTACT: Emily Halle at (202) 482–0176, AD/CVD Operations Office VII, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On March 3, 2016, the Department of Commerce (the Department) initiated a countervailing duty (CVD) investigation of imports of stainless steel sheet and strip (stainless steel) from the People’s Republic of China (PRC).1 The notice of initiation stated that, in accordance with section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1), we would issue our preliminary determination no later than 65 days after the date of initiation, unless postponed. Currently, the preliminary determination in this investigation is due no later than May 9, 2016. Postponement of Preliminary Determinations Section 703(b)(1) of the Tariff Act of 1930, as amended (Act), requires the Department to issue the preliminary determination in a CVD investigation within 65 days after the date on which the Department initiated the investigation. However, section 1 See Stainless Steel Sheet and Strip From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 81 FR 13322 (March 14, 2016). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 23457 703(c)(1) of the Act permits the Department to postpone making the preliminary determination until no later than 130 days after the date on which it initiated the investigation if, among other reasons, the petitioner makes a timely request for a postponement, or the Department concludes that the parties concerned are cooperating and determines that the investigation is extraordinarily complicated. On April 13, 2016, AK Steel Corporation, Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Products, North American Stainless, and Outokumpu Stainless USA, LLC (collectively, Petitioners) made a timely request to postpone the preliminary CVD determination.2 Therefore, pursuant to the discretion afforded the Department under 703(c)(1)(A) of the Act and because the Department does not find any compelling reason to deny the request, we are fully extending the due date until 130 days after the Department’s initiation for the preliminary determination, to July 11, 2016. Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: April 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–09279 Filed 4–20–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–916] Laminated Woven Sacks From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination Under Section 129 of the Uruguay Round Agreements Act Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 30, 2016, the United States Court of International Trade (CIT or Court) issued final judgment in Laminated Woven Sacks Committee, Coating Excellence International, LLC, and Polytex Fibers Corporation v. United States, Consol. AGENCY: 2 See Letter from Petitioners, ‘‘Countervailing Duty Investigation of Stainless Steel Sheet and Strip from the People’s Republic of China Request for Extension of the Determination,’’ April 13, 2016. E:\FR\FM\21APN1.SGM 21APN1 23458 Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices Court No. 12–00301, affirming the Department of Commerce’s (the Department) final results of redetermination pursuant to court remand. 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 final judgment in this case is not in harmony with the Department’s implemented final determination in a proceeding conducted under section 129 of the Uruguay Round Agreements Act (Section 129) related to the Department’s final affirmative determination in the antidumping duty (AD) investigation of laminated woven sacks (LWS) from the People’s Republic of China (the PRC) for the period October 1, 2006, through March 31, 2007.1 The Department is amending its implemented Final Section 129 Determination with regard to granting adjustments to the AD cash deposit rates. DATES: Effective Date: April 11, 2016.2 FOR FURTHER INFORMATION CONTACT: Ryan Mullen, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482–2560. SUPPLEMENTARY INFORMATION: Background On August 7, 2008, the Department published AD and countervailing duty (CVD) orders on LWS imports from the PRC.3 The Government of the People’s Republic of China challenged the LWS orders and three other sets of simultaneously imposed AD and CVD orders before the Dispute Settlement Body of the World Trade Organization (WTO). The WTO Appellate Body, in March 2011, found that the United States had acted inconsistently with its international obligations in several respects, including the potential imposition of overlapping remedies, or so-called ‘‘double remedies.’’ 4 The U.S. Trade Representative then announced the United States’ intention to comply with the WTO’s rulings and recommendations, and the Department initiated a Section 129 proceeding.5 On July 31, 2012, the Department issued its Final Section 129 Determination. In that determination, the Department found that an adjustment was warranted to the AD rates on LWS imports from the PRC to account for remedies that overlap those imposed by the CVD order.6 As a result, the Department reduced the applicable AD rate for separate rate companies from 64.28 percent to 20.19 percent and reduced the PRC-wide entity AD rate from 91.73 percent to 47.64 percent.7 The Department published a notice implementing the Final Section 129 Determination on August 30, 2012.8 Various parties challenged the Department’s Final Section 129 Determination at the CIT. Following the final disposition of litigation related to the Final Section 129 Determination regarding the AD and CVD investigations of circular welded pipe (CWP) from the PRC, in which the Department found no basis for making an adjustment to the AD rates under Section 777(A)(f) of the Tariff Act of 1930, as amended (the Act),9 the CIT granted the Department’s request for a voluntary remand in the litigation challenging the Final Section 129 Determination regarding the AD investigation of LWS from the PRC.10 On March 23, 2016, the Department issued its Final Remand Redetermination regarding the AD investigation of LWS from the PRC, in which it amended its Final Section 129 Determination regarding the AD investigation and denied the adjustment to the AD cash deposit rates granted to respondents in the Final Section 129 Determination.11 On March 30, 2016, the CIT sustained the Department’s Final Remand Redetermination.12 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 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 March 30, 2016, judgment affirming the Final Remand Redetermination constitutes a final court decision that is not in harmony with the Department’s Final Section 129 Determination. This notice is published in fulfillment of publication requirements of Timken. Amended Final Determination Because there is now a final court decision with respect to the Department’s Final Section 129 Determination regarding the AD investigation of LWS from the PRC, the Department is amending the Final Section 129 Determination, as implemented, regarding an adjustment to the AD cash deposit rates. The revised AD cash deposit rates are as follows: Revised AD cash deposit rate (%) Producer Zibo Aifudi Plastic Packaging Co., Ltd ....................................... Polywell Industrial Co., A.K.A. First Way (H.K.) Limited ............ jstallworth on DSK7TPTVN1PROD with NOTICES Exporter Zibo Aifudi Plastic Packaging Co., Ltd ...................................... Polywell Plastic Product Factory ............................................... 1 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Final Determination: Section 129 Proceeding Pursuant to the WTO Appellate Body’s Findings in WTO DS379 Regarding the Antidumping and Countervailing Duty Investigations of Laminated Woven Sacks from the People’s Republic of China,’’ (July 31, 2012) (Final Section 129 Determination); see also Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and Tube From the People’s Republic of China, 77 VerDate Sep<11>2014 13:27 Apr 20, 2016 Jkt 238001 FR 52683 (August 30, 2012) (Implementation Notice). 2 The effective date is ten days after the date of the court decision in accordance with Section 516A(e) of the Tariff Act of 1930. 3 See Notice of Antidumping Duty Order: Laminated Woven Sacks from the People’s Republic of China, 73 FR 45941 (August 7, 2008); see also Laminated Woven Sacks From the People’s Republic of China: Countervailing Duty Order, 73 FR 45955 (August 7, 2008) (collectively, LWS orders). 4 See United States—Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, 611, WT/DS379/AB/R (Mar. 11, 2011). 5 See Implementation Notice. 6 See Final Section 129 Determination. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 7 See 64.28 64.28 Implementation Notice, 77 FR at 52687. 8 Id. 9 See Wheatland Tube Co. v. United States, Consol. Court No. 12–00298, Slip Op. 15–44 (Ct. Int’l Trade May 7, 2015); Wheatland Tube Co. v. United States, Consol. Court No. 12–00296, Slip Op. 15–118 (Ct. Int’l Trade October 22, 2015). 10 See Laminated Woven Sacks Comm. v. United States, Court No. 12–00301 (December 3, 2015). 11 See ‘‘Final Redetermination Pursuant to Court Remand, Laminated Woven Sacks Comm. v. United States, Court No. 12–00301,’’ (March 23, 2016) (Final Remand Redetermination). 12 See Laminated Woven Sacks Comm. v. United States, Slip Op. 16–30, Consol. Court No. 12–00301 (CIT March 30, 2016). E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices Revised AD cash deposit rate (%) Exporter Producer Zibo Linzi Worun Packing Product Co., Ltd ............................... Shandong Qikai Plastics Product Co., Ltd ................................. Changle Baodu Plastic Co. Ltd .................................................. Zibo Linzi Shuaiqiang Plastics Co. Ltd ....................................... Zibo Linzi Qitianli Plastic Fabric Co. Ltd .................................... Shandong Youlian Co. Ltd .......................................................... Zibo Linzi Luitong Plastic Fabric Co. Ltd .................................... Wenzhou Hotson Plastics Co. Ltd .............................................. Jiangsu Hotson Plastics Co. Ltd ................................................. Cangnan Color Make The Bag ................................................... Zibo Qigao Plastic Cement Co. Ltd ............................................ Prc-Wide Rate ............................................................................. Zibo Linzi Worun Packing Product Co., Ltd .............................. Shandong Qikai Plastics Product Co., Ltd ................................ Changle Baodu Plastic Co. Ltd ................................................. Zibo Linzi Shuaiqiang Plastics Co. Ltd ...................................... Zibo Linzi Qitianli Plastic Fabric Co. Ltd ................................... Shandong Youlian Co. Ltd ......................................................... Zibo Linzi Luitong Plastic Fabric Co. Ltd ................................... Wenzhou Hotson Plastics Co. Ltd ............................................. Jiangsu Hotson Plastics Co. Ltd ................................................ Cangnan Color Make The Bag .................................................. Zibo Qigao Plastic Cement Co. Ltd ........................................... .................................................................................................... Unless the applicable cash deposit rates have been superseded by cash deposit rates calculated in an intervening administrative review of the AD order on LWS from the PRC, the Department will instruct U. S. Customs and Border Protection to require a cash deposit for estimated AD duties at the rate noted above for each specified exporter and producer combination, for entries of subject merchandise, entered or withdrawn from warehouse, for consumption, on or after April 11, 2016. This notice is issued and published in accordance with sections 516A(e) and 777(i)(1) of the Act and section 129(c)(2)(A) of the Uruguay Round Agreements Act. Dated: April 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–09286 Filed 4–20–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Baldrige Performance Excellence Program Team Leader Consensus and Site Visit Surveys National Institute of Standards and Technology, Commerce. AGENCY: ACTION: Notice. The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. jstallworth on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 13:27 Apr 20, 2016 Jkt 238001 Written comments must be submitted on or before June 20, 2016. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Dawn Bailey, Baldrige Performance Excellence Program, 100 Bureau Drive, Stop 1020, Gaithersburg, MD 20899, 301–975–3074, dawn.bailey@nist.gov SUPPLEMENTARY INFORMATION: DATES: I. Abstract Public Law 100–107 (The Malcolm Baldrige National Quality Improvement Act of 1987), which established the Baldrige Performance Excellence Program and its Malcolm Baldrige National Quality Award (MBNQA), stipulates that organizational applicants for the award (see OMB Control #0693– 006) receive ‘‘an intensive evaluation by a competent board of examiners which shall review the evidence submitted by the organization and, through a site visit, verify the accuracy of the quality improvements claimed.’’ Per the statute, ‘‘the Director of the National Bureau of Standards shall rely upon’’ these examiners, as they are in essence the external workforce of the Baldrige Performance Excellence Program. Baldrige Program staff members manage and improve the award and all of its processes, but the examiners actually do the objective review of MBNQA applicants. The Team Leader Consensus and Site Visit Surveys will be one key way that Baldrige staff members can communicate with and seek feedback from the external workforce (Baldrige Examiners). To manage these voluntary PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 23459 64.28 64.28 64.28 64.28 64.28 64.28 64.28 64.28 64.28 64.28 64.28 91.73 examiners (some private citizens, some government and military personnel), the Baldrige Program needs the ability to ask them of their preferences for the sector in which they will do their application review (e.g., do they want to review a health care applicant, manufacturing applicant), their availability to conduct reviews, their ability to travel on a site visit and about all of their logistical needs (e.g., dietary restrictions, cannot review an organization from a certain state due to conflicts in that state), their ability to perform particular MBNQA roles such as technical editor or team leader), their conflicts with a particular organization, etc. The Baldrige Program also needs to survey them to obtain qualitative information on performance, as being a Baldrige Examiner is a very competitive selection. The Baldrige Program could not perform the intensive evaluation called for in the law without surveying its own workforce about their unique needs in relation to the MBNQA process (and its subprocesses). In fact, these volunteer examiners expect to be asked their preferences, as well as given the ability to give their feedback to improve processes. II. Method of Collection Surveys are typically conducted via email or through a secure NIST filesharing system if any MBNQA organization-specific information needs to be shared. Surveys can also be conducted over the phone if the number of examiners who need to be asked about a particular role or need is less than about 20. Often, a personal phone call is the best way to survey a subset of examiners, as maintaining positive relationships with examiners is very important to the program. III. Data OMB Control Number: #0693–XXXX (New Collection). E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23457-23459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09286]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


Laminated Woven Sacks From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Final Determination Under Section 
129 of the Uruguay Round Agreements Act

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

SUMMARY: On March 30, 2016, the United States Court of International 
Trade (CIT or Court) issued final judgment in Laminated Woven Sacks 
Committee, Coating Excellence International, LLC, and Polytex Fibers 
Corporation v. United States, Consol.

[[Page 23458]]

Court No. 12-00301, affirming the Department of Commerce's (the 
Department) final results of redetermination pursuant to court remand. 
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 final 
judgment in this case is not in harmony with the Department's 
implemented final determination in a proceeding conducted under section 
129 of the Uruguay Round Agreements Act (Section 129) related to the 
Department's final affirmative determination in the antidumping duty 
(AD) investigation of laminated woven sacks (LWS) from the People's 
Republic of China (the PRC) for the period October 1, 2006, through 
March 31, 2007.\1\ The Department is amending its implemented Final 
Section 129 Determination with regard to granting adjustments to the AD 
cash deposit rates.
---------------------------------------------------------------------------

    \1\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Final Determination: Section 129 Proceeding Pursuant to the WTO 
Appellate Body's Findings in WTO DS379 Regarding the Antidumping and 
Countervailing Duty Investigations of Laminated Woven Sacks from the 
People's Republic of China,'' (July 31, 2012) (Final Section 129 
Determination); see also Implementation of Determinations Under 
Section 129 of the Uruguay Round Agreements Act: Certain New 
Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel 
Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and 
Tube From the People's Republic of China, 77 FR 52683 (August 30, 
2012) (Implementation Notice).

DATES: Effective Date: April 11, 2016.\2\
---------------------------------------------------------------------------

    \2\ The effective date is ten days after the date of the court 
decision in accordance with Section 516A(e) of the Tariff Act of 
1930.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen, Office V, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 
---------------------------------------------------------------------------
20230; telephone: (202) 482-2560.

SUPPLEMENTARY INFORMATION: 

Background

    On August 7, 2008, the Department published AD and countervailing 
duty (CVD) orders on LWS imports from the PRC.\3\ The Government of the 
People's Republic of China challenged the LWS orders and three other 
sets of simultaneously imposed AD and CVD orders before the Dispute 
Settlement Body of the World Trade Organization (WTO). The WTO 
Appellate Body, in March 2011, found that the United States had acted 
inconsistently with its international obligations in several respects, 
including the potential imposition of overlapping remedies, or so-
called ``double remedies.'' \4\ The U.S. Trade Representative then 
announced the United States' intention to comply with the WTO's rulings 
and recommendations, and the Department initiated a Section 129 
proceeding.\5\
---------------------------------------------------------------------------

    \3\ See Notice of Antidumping Duty Order: Laminated Woven Sacks 
from the People's Republic of China, 73 FR 45941 (August 7, 2008); 
see also Laminated Woven Sacks From the People's Republic of China: 
Countervailing Duty Order, 73 FR 45955 (August 7, 2008) 
(collectively, LWS orders).
    \4\ See United States--Definitive Anti-Dumping and 
Countervailing Duties on Certain Products from China, 611, WT/DS379/
AB/R (Mar. 11, 2011).
    \5\ See Implementation Notice.
---------------------------------------------------------------------------

    On July 31, 2012, the Department issued its Final Section 129 
Determination. In that determination, the Department found that an 
adjustment was warranted to the AD rates on LWS imports from the PRC to 
account for remedies that overlap those imposed by the CVD order.\6\ As 
a result, the Department reduced the applicable AD rate for separate 
rate companies from 64.28 percent to 20.19 percent and reduced the PRC-
wide entity AD rate from 91.73 percent to 47.64 percent.\7\ The 
Department published a notice implementing the Final Section 129 
Determination on August 30, 2012.\8\ Various parties challenged the 
Department's Final Section 129 Determination at the CIT.
---------------------------------------------------------------------------

    \6\ See Final Section 129 Determination.
    \7\ See Implementation Notice, 77 FR at 52687.
    \8\ Id.
---------------------------------------------------------------------------

    Following the final disposition of litigation related to the Final 
Section 129 Determination regarding the AD and CVD investigations of 
circular welded pipe (CWP) from the PRC, in which the Department found 
no basis for making an adjustment to the AD rates under Section 
777(A)(f) of the Tariff Act of 1930, as amended (the Act),\9\ the CIT 
granted the Department's request for a voluntary remand in the 
litigation challenging the Final Section 129 Determination regarding 
the AD investigation of LWS from the PRC.\10\ On March 23, 2016, the 
Department issued its Final Remand Redetermination regarding the AD 
investigation of LWS from the PRC, in which it amended its Final 
Section 129 Determination regarding the AD investigation and denied the 
adjustment to the AD cash deposit rates granted to respondents in the 
Final Section 129 Determination.\11\ On March 30, 2016, the CIT 
sustained the Department's Final Remand Redetermination.\12\
---------------------------------------------------------------------------

    \9\ See Wheatland Tube Co. v. United States, Consol. Court No. 
12-00298, Slip Op. 15-44 (Ct. Int'l Trade May 7, 2015); Wheatland 
Tube Co. v. United States, Consol. Court No. 12-00296, Slip Op. 15-
118 (Ct. Int'l Trade October 22, 2015).
    \10\ See Laminated Woven Sacks Comm. v. United States, Court No. 
12-00301 (December 3, 2015).
    \11\ See ``Final Redetermination Pursuant to Court Remand, 
Laminated Woven Sacks Comm. v. United States, Court No. 12-00301,'' 
(March 23, 2016) (Final Remand Redetermination).
    \12\ See Laminated Woven Sacks Comm. v. United States, Slip Op. 
16-30, Consol. Court No. 12-00301 (CIT March 30, 2016).
---------------------------------------------------------------------------

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 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 March 30, 2016, judgment affirming the Final Remand 
Redetermination constitutes a final court decision that is not in 
harmony with the Department's Final Section 129 Determination. This 
notice is published in fulfillment of publication requirements of 
Timken.

Amended Final Determination

    Because there is now a final court decision with respect to the 
Department's Final Section 129 Determination regarding the AD 
investigation of LWS from the PRC, the Department is amending the Final 
Section 129 Determination, as implemented, regarding an adjustment to 
the AD cash deposit rates. The revised AD cash deposit rates are as 
follows:

------------------------------------------------------------------------
                                                            Revised AD
            Exporter                     Producer          cash deposit
                                                             rate  (%)
------------------------------------------------------------------------
Zibo Aifudi Plastic Packaging    Zibo Aifudi Plastic               64.28
 Co., Ltd.                        Packaging Co., Ltd.
Polywell Industrial Co., A.K.A.  Polywell Plastic                  64.28
 First Way (H.K.) Limited.        Product Factory.

[[Page 23459]]

 
Zibo Linzi Worun Packing         Zibo Linzi Worun                  64.28
 Product Co., Ltd.                Packing Product Co.,
                                  Ltd.
Shandong Qikai Plastics Product  Shandong Qikai Plastics           64.28
 Co., Ltd.                        Product Co., Ltd.
Changle Baodu Plastic Co. Ltd..  Changle Baodu Plastic             64.28
                                  Co. Ltd.
Zibo Linzi Shuaiqiang Plastics   Zibo Linzi Shuaiqiang             64.28
 Co. Ltd.                         Plastics Co. Ltd.
Zibo Linzi Qitianli Plastic      Zibo Linzi Qitianli               64.28
 Fabric Co. Ltd.                  Plastic Fabric Co. Ltd.
Shandong Youlian Co. Ltd.......  Shandong Youlian Co.              64.28
                                  Ltd.
Zibo Linzi Luitong Plastic       Zibo Linzi Luitong                64.28
 Fabric Co. Ltd.                  Plastic Fabric Co. Ltd.
Wenzhou Hotson Plastics Co. Ltd  Wenzhou Hotson Plastics           64.28
                                  Co. Ltd.
Jiangsu Hotson Plastics Co. Ltd  Jiangsu Hotson Plastics           64.28
                                  Co. Ltd.
Cangnan Color Make The Bag.....  Cangnan Color Make The            64.28
                                  Bag.
Zibo Qigao Plastic Cement Co.    Zibo Qigao Plastic                64.28
 Ltd.                             Cement Co. Ltd.
Prc-Wide Rate..................  .......................           91.73
------------------------------------------------------------------------

    Unless the applicable cash deposit rates have been superseded by 
cash deposit rates calculated in an intervening administrative review 
of the AD order on LWS from the PRC, the Department will instruct U. S. 
Customs and Border Protection to require a cash deposit for estimated 
AD duties at the rate noted above for each specified exporter and 
producer combination, for entries of subject merchandise, entered or 
withdrawn from warehouse, for consumption, on or after April 11, 2016.
    This notice is issued and published in accordance with sections 
516A(e) and 777(i)(1) of the Act and section 129(c)(2)(A) of the 
Uruguay Round Agreements Act.

    Dated: April 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-09286 Filed 4-20-16; 8:45 am]
 BILLING CODE 3510-DS-P