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]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 31910 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Notices RUS is submitting to OMB for extension of an existing collection. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including 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 Fund Program. OMB Control Number: 0572–0138. Type of Request: Extension of a currently approved information collection. Abstract: The Rural Utilities Service (RUS) supports the sound development of rural communities and the growth of our economy without endangering the environment. R provides financial and technical assistance to help communities bring safe drinking water and sanitary, environmentally sound waste disposal facilities to rural Americans in greatest need. The Revolving Fund Program helps qualified non-profits create a revolving loan fund that can provide financing for the extension and improvement of water and waste disposal systems in rural areas. Entities eligible for the revolving loan fund will be the same entities eligible to obtain a loan, loan guarantee, or grant from RUS Water and Waste Disposal and Wastewater loan and grant programs. As grant recipients, the nonprofit organizations establish a revolving loan fund to provide loans to finance predevelopment costs of water or wastewater projects, or short-term small capital projects not part of the regular operation and maintenance of current water and wastewater systems. The collection of information consists of the materials to file a grant application with the agency, including forms, certifications and required documentation. VerDate Sep<11>2014 17:40 May 19, 2016 Jkt 238001 Estimate of Burden: Public reporting burden for this collection of information is estimated to average 6.23 hour per response. Respondents: Non-profit institutions. Estimated Number of Respondents: 5. Estimated Number of Responses per Respondent: 12. Estimated Total Annual Burden on Respondents: 374 Hours. Copies of this information collection can be obtained from Rebecca Hunt, Management Analyst, Program Development and Regulatory Analysis, at (202) 205–3660; FAX: (202) 720– 8435. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. 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 http:// 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]


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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 http://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