Certain Petroleum Wax Candles From the People's Republic of China: Continuation of Antidumping Duty Order, 33466-33467 [2016-12542]

Download as PDF 33466 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices light of the totality of the available data, i.e., including the non-fish factors of production (‘‘FOPs’’) surrogate values (‘‘SVs’’) following reconsideration of the whole live fish issues; and (5) the selection of the SVs for fish waste, fish oil, fresh broken meat and frozen broken fillets.7 On June 26, 2015, the Department filed the AR7 Remand with the Court.8 The Department maintained the selection of Bangladesh as the primary country. In addition, the Department selected different surrogate values for fish waste, fresh broken meat, and frozen broken fillets by-products, and capped the fish oil by-product surrogate value. In addition, we accounted for all calculation changes as a result of the original ministerial error allegations. As a result, there are calculation changes due to selecting different byproduct surrogate values. After accounting for all such changes and issues, the resulting antidumping margin for the only mandatory respondent, QVD, is $0.19 per kilogram. Because QVD’s margin changed, it would also become the margin for those companies not individually examined, but receiving a separate rate. On March 30, 2016, the Court entered judgments sustaining the AR7 Remand.9 Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s March 30, 2016, judgment sustaining the AR7 Remand constitutes a final decision of the Court that is not in harmony with the Department’s AR7 Final Results. This notice is published in fulfillment of the publication requirement of Timken. Amended Final Results Because there is now a final court decision, the Department is amending the AR7 Final Results with respect to QVD and the Separate-Rate Applicants. The revised weighted-average dumping margins for these exporters during the period April 1, 2009, through March 31, 2010, as follows: Weighted average dumping margin (dollars per kilogram) Exporter name QVD Food Company Ltd 10 ........................................................................................................................................................... Anvifish Joint Stock Company ....................................................................................................................................................... Asia Commerce Fisheries Joint Stock Company .......................................................................................................................... Bien Dong Seafood ....................................................................................................................................................................... Binh An Seafood Joint Stock Company ........................................................................................................................................ CASEAMEX ................................................................................................................................................................................... East Sea Seafoods Limited Liability Company ............................................................................................................................. Hiep Thanh Seafood Joint Stock Company .................................................................................................................................. Southern Fisheries Industries Company Ltd ................................................................................................................................. Vinh Quang Fisheries Joint-Stock Company ................................................................................................................................ 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. In the event the Court’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise exported by QVD and the Separate-Rate Applicants using the assessment rate calculated by the Department in the Remand and listed above. sradovich on DSK3TPTVN1PROD with NOTICES Cash Deposit Requirements Unless the applicable cash deposit rates have been superseded by cash deposit rates calculated in an intervening administrative review of the AD order on frozen fish fillets from Vietnam, the Department will instruct 7 See Catfish Farmers of America et al. v. United States, Court No. 12–00087, Slip Op. 14–146 (CIT December 18, 2014). 8 See AR7 Remand. 9 See Catfish Farmers of America et al. v. United States, Court No. 11–00087, Slip. Op. 16–29 (CIT March 30, 2016). VerDate Sep<11>2014 18:47 May 25, 2016 Jkt 238001 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. For Bien Dong, these amended final results will result in a change in its cash deposit rate, from $0.03/kg, as established in the AR7 Final Results, to $0.19/kg. 0.19 0.19 0.19 0.19 0.19 0.19 0.19 0.19 0.19 0.19 DEPARTMENT OF COMMERCE International Trade Administration [A–570–504] Certain Petroleum Wax Candles From the People’s Republic of China: Continuation of Antidumping Duty Order BILLING CODE 3510–DS–P Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) order on certain petroleum wax candles (‘‘candles’’) from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the 10 This rate is also applicable to QVD Dong Thap Food Co., Ltd. (‘‘Dong Thap’’) and Thuan Hung Co., Ltd. (‘‘THUFICO’’). In the second review of this order, the Department found QVD, Dong Thap and THUFICO to be a single entity, and because there has been no evidence submitted on the record of this review that calls this determination into question, we continue to find these companies to be part of a single entity. Therefore, we will assign this rate to the companies in the single entity. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 53387 (September 11, 2006). Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: May 13, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–12543 Filed 5–25–16; 8:45 am] PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices Department is publishing a notice of continuation of the antidumping duty order. DATES: Effective May 26, 2016. FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7906. SUPPLEMENTARY INFORMATION: Background On August 26, 1986, the Department published the AD Order on candles from the PRC.1 On December 1, 2015, the Department published the notice of initiation of the fourth five-year (‘‘sunset’’) review of the AD order on candles from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).2 As a result of its review, the Department determined that revocation of the AD order on candles from the PRC would likely lead to a continuation or recurrence of dumping. Therefore, the Department notified the ITC of the magnitude of the margins likely to prevail should the AD order be revoked.3 On May 18, 2016, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the AD order on candles from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 sradovich on DSK3TPTVN1PROD with NOTICES Scope of the Order The products covered by the order are certain scented or unscented petroleum wax candles made from petroleum wax and having fiber or paper-cored wicks. They are sold in the following shapes: Tapers, spirals and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers. The products were originally classifiable under the Tariff Schedules of the United States item 755.25, Candles and Tapers. The products are currently classifiable under the 1 See Antidumping Duty Order: Petroleum Wax Candles From the People’s Republic of China, 51 FR 30686 (August 28, 1986) (‘‘Order’’). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 75064 (December 1, 2015). 3 See Certain Petroleum Wax Candles from the People’s Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order, 81 FR 17665 (March 30, 2016) and accompanying Issues and Decision Memorandum. 4 See Petroleum Wax Candles from China, 81 FR 31256 (May 18, 2016); Petroleum Wax Candles from China (Inv. No. 731–TA–282 (Fourth Review), USITC Publication 4610, May 2016). VerDate Sep<11>2014 18:47 May 25, 2016 Jkt 238001 Harmonized Tariff Schedule (‘‘HTS’’) item number 3406.00.00. The HTS item number is provided for convenience and customs purposes. The written description remains dispositive. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD order on candles from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the AD order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next sunset review of the AD order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This sunset review and notice is in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: May 19, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–12542 Filed 5–25–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee Meeting National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of Open Meeting (via webinar and teleconference). AGENCY: Notice is hereby given of a virtual meeting of the U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee (Committee). DATES AND TIMES: The public meeting will be held on Thursday, June 23, 2016, from 1:00 p.m. to 3:00 p.m. ET. These times and the agenda topics described below are subject to change. Refer to the SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 33467 Web page listed below for the most upto-date meeting agenda. FOR FURTHER INFORMATION CONTACT: Jessica Snowden, Designated Federal Official, U.S. IOOS Advisory Committee, U.S. IOOS Program, 1315 East-West Highway, 2nd Floor, Silver Spring, MD 20910, Silver Spring, MD 20910; Phone 240–533–9466; Fax 301– 713–3281; Email jessica.snowden@ noaa.gov or visit the U.S. IOOS Advisory Committee Web site at https:// ioos.noaa.gov/community/u-s-ioosadvisory-committee/. SUPPLEMENTARY INFORMATION: The Committee meeting will be held via webinar and teleconference. Members of the public who wish to participate in the meeting must register in advance by 5:00 p.m. ET on June 22, 2016. Please register by contacting Jessica Snowden, Designated Federal Official by email at jessica.snowden@noaa.gov or telephone at 240–533–9466. Webinar and teleconference information will be provided to registrants prior to the meeting. While the meeting will be open to the public, webinar and teleconference capacity may be limited. The Committee was established by the NOAA Administrator as directed by Section 12304 of the Integrated Coastal and Ocean Observation System Act, part of the Omnibus Public Land Management Act of 2009 (Public Law 111–11). The Committee advises the NOAA Administrator and the Interagency Ocean Observation Committee (IOOC) on matters related to the responsibilities and authorities set forth in section 12302 of the Integrated Coastal and Ocean Observation System Act of 2009 and other appropriate matters as the Under Secretary refers to the Committee for review and advice. The Committee will provide advice on: (a) administration, operation, management, and maintenance of the System; (b) expansion and periodic modernization and upgrade of technology components of the System; (c) identification of end-user communities, their needs for information provided by the System, and the System’s effectiveness in dissemination information to end-user communities and to the general public; and (d) any other purpose identified by the Under Secretary of Commerce for Oceans and Atmosphere or the Interagency Ocean Observation Committee. The meeting will be open to public participation with a 10 minute public comment period on June 23, 2016, from E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33466-33467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12542]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Certain Petroleum Wax Candles From the People's Republic of 
China: Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty (``AD'') order on 
certain petroleum wax candles (``candles'') from the People's Republic 
of China (``PRC'') would likely lead to a continuation or recurrence of 
dumping and material injury to an industry in the United States, the

[[Page 33467]]

Department is publishing a notice of continuation of the antidumping 
duty order.

DATES: Effective May 26, 2016.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, 
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-
7906.

SUPPLEMENTARY INFORMATION: 

Background

    On August 26, 1986, the Department published the AD Order on 
candles from the PRC.\1\ On December 1, 2015, the Department published 
the notice of initiation of the fourth five-year (``sunset'') review of 
the AD order on candles from the PRC pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the ``Act'').\2\ As a result of its 
review, the Department determined that revocation of the AD order on 
candles from the PRC would likely lead to a continuation or recurrence 
of dumping. Therefore, the Department notified the ITC of the magnitude 
of the margins likely to prevail should the AD order be revoked.\3\ On 
May 18, 2016, the ITC published its determination, pursuant to section 
751(c) of the Act, that revocation of the AD order on candles from the 
PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
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    \1\ See Antidumping Duty Order: Petroleum Wax Candles From the 
People's Republic of China, 51 FR 30686 (August 28, 1986) 
(``Order'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 75064 
(December 1, 2015).
    \3\ See Certain Petroleum Wax Candles from the People's Republic 
of China: Final Results of Expedited Fourth Sunset Review of the 
Antidumping Duty Order, 81 FR 17665 (March 30, 2016) and 
accompanying Issues and Decision Memorandum.
    \4\ See Petroleum Wax Candles from China, 81 FR 31256 (May 18, 
2016); Petroleum Wax Candles from China (Inv. No. 731-TA-282 (Fourth 
Review), USITC Publication 4610, May 2016).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain scented or unscented 
petroleum wax candles made from petroleum wax and having fiber or 
paper-cored wicks. They are sold in the following shapes: Tapers, 
spirals and straight-sided dinner candles; rounds, columns, pillars, 
votives; and various wax-filled containers. The products were 
originally classifiable under the Tariff Schedules of the United States 
item 755.25, Candles and Tapers. The products are currently 
classifiable under the Harmonized Tariff Schedule (``HTS'') item number 
3406.00.00. The HTS item number is provided for convenience and customs 
purposes. The written description remains dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the AD order on candles from the PRC. U.S. 
Customs and Border Protection will continue to collect AD cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the AD order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next sunset review of the AD order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation. This sunset review and notice is in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: May 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-12542 Filed 5-25-16; 8:45 am]
 BILLING CODE 3510-DS-P

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