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]
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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).
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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.
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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.
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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
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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
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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
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]]>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
