Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2009-2010, 31910-31911 [2016-12003]
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mstockstill on DSK3G9T082PROD with NOTICES
31910
Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Notices
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through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology. Comments may be sent to:
Thomas P. Dickson, Acting Director,
Program Development and Regulatory
Analysis, Rural Utilities Service, U.S.
Department of Agriculture, 1400
Independence Avenue SW., STOP 1522,
Room 5164–S, Washington, DC 20250–
1522. FAX: (202) 720–8435.
Title: 7 CFR part 1783, Revolving
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Type of Request: Extension of a
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The collection of information consists of
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VerDate Sep<11>2014
17:40 May 19, 2016
Jkt 238001
Estimate of Burden: Public reporting
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Dated: May 9, 2016.
Brandon McBride,
Administrator, Rural Utilities Service.
[FR Doc. 2016–11857 Filed 5–19–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–888]
Floor-Standing, Metal-Top Ironing
Tables and Certain Parts Thereof From
the People’s Republic of China: Notice
of Court Decision Not in Harmony With
Final Results and Notice of Amended
Final Results of the Antidumping Duty
Administrative Review; 2009–2010
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 6, 2016, the United
States Court of International Trade (the
Court or the CIT) issued final judgment
in Foshan Shunde Yongjian Housewares
& Hardwares Co., Ltd. v. United States,
Court No. 12–00069, sustaining the
Department of Commerce’s (the
Department) final results of the second
redetermination pursuant to remand.1
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (Federal Circuit) 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
AGENCY:
1 See Final Results of Redetermination Pursuant
to Court Remand, Floor Standing Metal Top Ironing
Tables and Certain Parts Thereof from the People’s
Republic of China, Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd. v. United States,
Court No. 12–00069, Slip Op. 16–01 (CIT January
8, 2016), dated March 29, 2016 (Second
Redetermination), available at https://
enforcement.trade.gov/remands/index.htm.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
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 final results of the
antidumping duty administrative review
of floor-standing, metal top ironing
tables and certain parts thereof from the
People’s Republic of China covering the
period August 1, 2009, through July 31,
2010, and is amending the final results
with respect to the weighted-average
dumping margin assigned to Foshan
Shunde Yongjian Housewares &
Hardwares Co., Ltd. (Foshan Shunde).2
DATES: Effective April 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 12, 2012, the Department
published its Final Results.3 On March
22, 2012, Foshan Shunde, an exporter of
the subject merchandise, timely filed a
complaint with the Court to challenge
certain aspects of the Final Results. The
litigation history of this procedure is
outlined below.
On February 22, 2013, the Court
remanded the matter.4 The case was
stayed pending the Court’s final
disposition on brokerage and handling
in Since Hardware v. United States,
Court No. 11–00106. The Court also
stayed ruling on zeroing, pending the
outcome of the Federal Circuit case,
Union Steel v. United States. After the
Federal Circuit issued its decision in
Union Steel,5 on August 22, 2013, the
Court continued the stay pending its
ruling of similar issues in Since
Hardware v. United States, Court No.
11–00106. On December 30, 2014, the
Court issued its decision in Since
Hardware v. United States,6 thereby
lifting the stay in this case. Accordingly,
on April 9, 2015, the Department issued
2 See Floor-Standing Metal-Top Ironing Tables
and Certain Parts Thereof From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, 77 FR 14499 (March
12, 2012), and accompanying Issues and Decision
Memorandum (Final Results).
3 Id.
4 See Foshan Shunde Yongjian Housewares &
Hardwares Co., Ltd. v. United States, 896 F. Supp.
2d 1313 (February 22, 2013) (Foshan Shunde I).
5 See Union Steel v. United States, 713 F.3d 1101
(Fed. Cir. 2013).
6 See Since Hardware v. United States, 37 F.
Supp. 3d 1354, 1365 (CIT 2014).
E:\FR\FM\20MYN1.SGM
20MYN1
Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Notices
its First Redetermination, in which it:
(1) Determined to use the Indonesian
‘‘basket’’ category 7217.10 to value steel
wire, (2) determined to use the
brokerage and handling (B&H)
calculation outlined in the Final
Results, and (3) continued to apply the
zeroing methodology utilized in the
Final Results.7
Upon consideration of the First
Redetermination, on January 8, 2016,
the Court sustained: (1) The use of
World Bank data to derive brokerage
and handling expenses, and (2) the
application of zeroing.8 The Court,
however, remanded the case to the
Department to reconsider its adjustment
of brokerage and handling based upon
container size. Additionally, the Court
directed the Department to use
Indonesian HTS value 7217.10.00 to
value Foshan Shunde’s steel wire
input.9
On March 29, 2016, we issued the
Second Redetermination, where we
used the Indonesian HTS value
7217.10.00, and did not adjust the ports
and terminal handling fee and
document preparation fee based upon
container size.10
On April 6, 2016, the Court sustained
the Second Redetermination, and
entered final judgment.11
mstockstill on DSK3G9T082PROD with NOTICES
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the Federal Circuit has 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 not ‘‘in harmony’’ with a
Department determination, and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s April 6, 2016, judgment
sustaining the Second Redetermination
constitutes a final decision of the Court
that is not in harmony with the
Department’s Final Results. This notice
is published in fulfillment of the
publication requirement of Timken.
Accordingly, the Department will
7 See Final Results of Redetermination Pursuant
to Court Remand Floor Standing Metal-Top Ironing
Tables and Certain Parts Thereof from the People’s
Republic of China, dated April 9, 2015 (First
Redetermination).
8 See Foshan Shunde Yongjian Housewares &
Hardwares Co., Ltd. v. United States, Court No. 12–
00069, Slip Op. 16–01 (January 8, 2016) (Foshan
Shunde II).
9 Id.
10 See Final Results of Redetermination Pursuant
to Court Remand Floor Standing Metal-Top Ironing
Tables and Certain Parts Thereof from the People’s
Republic of China, dated March 29, 2016 (Second
Redetermination).
11 See Foshan Shunde Yongjian Housewares &
Hardwares Co., Ltd., v. United States, Court No. 12–
0006, Slip Op. 16–34 (April 6, 2016).
VerDate Sep<11>2014
17:40 May 19, 2016
Jkt 238001
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.
Amended Final Results
Because there is now a final court
decision, the Department amends the
Final Results with respect to the
dumping margin of Foshan Shunde. The
revised weighted-average dumping
margin for Foshan Shunde during the
period August 1, 2009, through July 31,
2010, is as follows:
Weighted
average
dumping
margin
(percent)
Exporter
Foshan Shunde Yongjian
Housewares & Hardwares
Co., Ltd .............................
33.43
For Foshan Shunde, the cash deposit
rate will remain the rate established in
the 2010–2011 Final Results, a
subsequent review, which is 157.68
percent.12
In the event the Court’s ruling is not
appealed, or if appealed and upheld by
the Federal Circuit, the Department will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on entries of the subject
merchandise exported by Foshan
Shunde using the revised assessment
rate calculated by the Department in the
Second Redetermination.
This notice is issued and published in
accordance with sections 516(A)(e),
751(a)(1), and 777(i)(1) of the Act.
Dated: May 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement &
Compliance.
[FR Doc. 2016–12003 Filed 5–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 14–3A004]
Export Trade Certificate of Review
Notice of application for an
amended Export Trade Certificate of
Review by DFA of California (‘‘DFA’’),
Application No. 14–3A004.
ACTION:
12 See Floor Standing Metal-Top Ironing Tables
and Certain Parts Thereof From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review 77 FR 55806
(September 11, 2012) (2010–2011 Final Results).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
31911
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 DFA. 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
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
SUMMARY:
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Pages 31910-31911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12003]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-888]
Floor-Standing, Metal-Top Ironing Tables and Certain Parts
Thereof From the People's Republic of China: Notice of Court Decision
Not in Harmony With Final Results and Notice of Amended Final Results
of the Antidumping Duty Administrative Review; 2009-2010
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 6, 2016, the United States Court of International
Trade (the Court or the CIT) issued final judgment in Foshan Shunde
Yongjian Housewares & Hardwares Co., Ltd. v. United States, Court No.
12-00069, sustaining the Department of Commerce's (the Department)
final results of the second redetermination pursuant to remand.\1\
Consistent with the decision of the United States Court of Appeals for
the Federal Circuit (Federal Circuit) 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
final results of the antidumping duty administrative review of floor-
standing, metal top ironing tables and certain parts thereof from the
People's Republic of China covering the period August 1, 2009, through
July 31, 2010, and is amending the final results with respect to the
weighted-average dumping margin assigned to Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd. (Foshan Shunde).\2\
---------------------------------------------------------------------------
\1\ See Final Results of Redetermination Pursuant to Court
Remand, Floor Standing Metal Top Ironing Tables and Certain Parts
Thereof from the People's Republic of China, Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd. v. United States, Court No. 12-
00069, Slip Op. 16-01 (CIT January 8, 2016), dated March 29, 2016
(Second Redetermination), available at https://enforcement.trade.gov/remands/index.htm.
\2\ See Floor-Standing Metal-Top Ironing Tables and Certain
Parts Thereof From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 77 FR 14499 (March 12,
2012), and accompanying Issues and Decision Memorandum (Final
Results).
---------------------------------------------------------------------------
DATES: Effective April 18, 2016.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 12, 2012, the Department published its Final Results.\3\
On March 22, 2012, Foshan Shunde, an exporter of the subject
merchandise, timely filed a complaint with the Court to challenge
certain aspects of the Final Results. The litigation history of this
procedure is outlined below.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
On February 22, 2013, the Court remanded the matter.\4\ The case
was stayed pending the Court's final disposition on brokerage and
handling in Since Hardware v. United States, Court No. 11-00106. The
Court also stayed ruling on zeroing, pending the outcome of the Federal
Circuit case, Union Steel v. United States. After the Federal Circuit
issued its decision in Union Steel,\5\ on August 22, 2013, the Court
continued the stay pending its ruling of similar issues in Since
Hardware v. United States, Court No. 11-00106. On December 30, 2014,
the Court issued its decision in Since Hardware v. United States,\6\
thereby lifting the stay in this case. Accordingly, on April 9, 2015,
the Department issued
[[Page 31911]]
its First Redetermination, in which it: (1) Determined to use the
Indonesian ``basket'' category 7217.10 to value steel wire, (2)
determined to use the brokerage and handling (B&H) calculation outlined
in the Final Results, and (3) continued to apply the zeroing
methodology utilized in the Final Results.\7\
---------------------------------------------------------------------------
\4\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd.
v. United States, 896 F. Supp. 2d 1313 (February 22, 2013) (Foshan
Shunde I).
\5\ See Union Steel v. United States, 713 F.3d 1101 (Fed. Cir.
2013).
\6\ See Since Hardware v. United States, 37 F. Supp. 3d 1354,
1365 (CIT 2014).
\7\ See Final Results of Redetermination Pursuant to Court
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts
Thereof from the People's Republic of China, dated April 9, 2015
(First Redetermination).
---------------------------------------------------------------------------
Upon consideration of the First Redetermination, on January 8,
2016, the Court sustained: (1) The use of World Bank data to derive
brokerage and handling expenses, and (2) the application of zeroing.\8\
The Court, however, remanded the case to the Department to reconsider
its adjustment of brokerage and handling based upon container size.
Additionally, the Court directed the Department to use Indonesian HTS
value 7217.10.00 to value Foshan Shunde's steel wire input.\9\
---------------------------------------------------------------------------
\8\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd.
v. United States, Court No. 12-00069, Slip Op. 16-01 (January 8,
2016) (Foshan Shunde II).
\9\ Id.
---------------------------------------------------------------------------
On March 29, 2016, we issued the Second Redetermination, where we
used the Indonesian HTS value 7217.10.00, and did not adjust the ports
and terminal handling fee and document preparation fee based upon
container size.\10\
---------------------------------------------------------------------------
\10\ See Final Results of Redetermination Pursuant to Court
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts
Thereof from the People's Republic of China, dated March 29, 2016
(Second Redetermination).
---------------------------------------------------------------------------
On April 6, 2016, the Court sustained the Second Redetermination,
and entered final judgment.\11\
---------------------------------------------------------------------------
\11\ See Foshan Shunde Yongjian Housewares & Hardwares Co.,
Ltd., v. United States, Court No. 12-0006, Slip Op. 16-34 (April 6,
2016).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the Federal Circuit has 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 not ``in harmony'' with a
Department determination, and must suspend liquidation of entries
pending a ``conclusive'' court decision. The Court's April 6, 2016,
judgment sustaining the Second Redetermination constitutes a final
decision of the Court that is not in harmony with the Department's
Final Results. This notice is published in fulfillment of the
publication requirement of Timken. Accordingly, 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.
Amended Final Results
Because there is now a final court decision, the Department amends
the Final Results with respect to the dumping margin of Foshan Shunde.
The revised weighted-average dumping margin for Foshan Shunde during
the period August 1, 2009, through July 31, 2010, is as follows:
------------------------------------------------------------------------
Weighted
average dumping
Exporter margin
(percent)
------------------------------------------------------------------------
Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. 33.43
------------------------------------------------------------------------
For Foshan Shunde, the cash deposit rate will remain the rate
established in the 2010-2011 Final Results, a subsequent review, which
is 157.68 percent.\12\
---------------------------------------------------------------------------
\12\ See Floor Standing Metal-Top Ironing Tables and Certain
Parts Thereof From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review 77 FR 55806 (September 11,
2012) (2010-2011 Final Results).
---------------------------------------------------------------------------
In the event the Court's ruling is not appealed, or if appealed and
upheld by the Federal Circuit, the Department will instruct U.S.
Customs and Border Protection (CBP) to assess antidumping duties on
entries of the subject merchandise exported by Foshan Shunde using the
revised assessment rate calculated by the Department in the Second
Redetermination.
This notice is issued and published in accordance with sections
516(A)(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2016-12003 Filed 5-19-16; 8:45 am]
BILLING CODE 3510-DS-P
