Diamond Sawblades and Parts Thereof 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 and Reinstatement of Order, in Part, 36519-36521 [2016-13534]

Download as PDF Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Notices 3. Industry Presentations. 4. New Business. Closed Session: 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than July 19, 2016. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on November 5, 2015 pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information contact Yvette Springer on (202) 482–2813. Dated: June 2, 2016. Yvette Springer, Committee Liaison Officer. [FR Doc. 2016–13402 Filed 6–6–16; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security asabaliauskas on DSK3SPTVN1PROD with NOTICES President’s Export Council Subcommittee on Export Administration; Notice of Partially Closed Meeting The President’s Export Council Subcommittee on Export Administration (PECSEA) will meet on June 22, 2016, 9:15 a.m. (Pacific Daylight Time), at Dorsey & Whitney LLP, 701 Fifth Avenue, Suite 6100, Seattle, WA 98104. The PECSEA provides advice on matters pertinent to those portions of the Export VerDate Sep<11>2014 19:13 Jun 06, 2016 Jkt 238001 Administration Act, as amended, that deal with United States policies of encouraging trade with all countries with which the United States has diplomatic or trading relations and of controlling trade for national security and foreign policy reasons. Agenda [FR Doc. 2016–13398 Filed 6–6–16; 8:45 am] BILLING CODE 3510–JT–P International Trade Administration 1. Opening remarks by the Chairman and Vice Chairman. 2. Presentation of papers or comments by the Public. 3. Export Control Reform Update via Video Teleconferencing. 4. Status of and Commentary on Proposed Rules via Video Teleconferencing. 5. Update on the Single Form via Video Teleconferencing. 6. Subcommittee Updates. Closed Session 7. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 25 participants on a first come, first served basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than June 15, 2016. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on March 9, 2016, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § (10)(d)), that the portion of the meeting dealing with predecisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Frm 00004 Dated: June 1, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. DEPARTMENT OF COMMERCE Open Session PO 00000 36519 Fmt 4703 Sfmt 4703 [A–570–900] Diamond Sawblades and Parts Thereof 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 and Reinstatement of Order, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2016, the United States Court of International Trade (‘‘the Court’’) issued final judgment in Diamond Sawblades Manufacturers’ Coalition v. United States, Court No. 13–00168,1 sustaining the Department of Commerce’s (‘‘the Department’’) voluntary final remand results concerning the Implemented PRC Section 129 Determination.2 In the Final Section 129 Remand, the Department determined that it was appropriate to reinstate the partially revoked antidumping duty order (‘‘the order’’) on diamond sawblades and parts thereof (‘‘diamond sawblades’’) from the People’s Republic of China (‘‘PRC’’) with respect to Advanced Technology & Materials Co., Ltd. (‘‘AT&M’’) 3 where the basis for the Implemented PRC Section 129 Determination was no longer valid.4 Consistent with the decision of the United States Court of Appeals for the AGENCY: 1 See Diamond Sawblades Manufacturer’s Coalition v. United States, Consol. Court No. 13– 00168, Slip Op. 16–48 (CIT May 11, 2016) (‘‘DSMC’’). 2 See Final Results Of Redetermination Pursuant To Diamond Sawblades Manufacturers’ Coalition v. United States, Consol. Court No. 13–00168, Slip Op. 15–92 (CIT August 20, 2015), dated December 1, 2015, (‘‘Final Section 129 Remand’’) available at http://enforcement.trade.gov/remands/; Certain Frozen Warmwater Shrimp from the People’s Republic of China and Diamond Sawblades and Parts Thereof From the People’s Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958 (March 28, 2013) (‘‘Implemented PRC Section 129 Determination’’). 3 Collectively with Beijing Gang Yan Diamond Product Company and Yichang HXF Circular Saw Industrial Co., Ltd., a single entity. See Implemented PRC Section 129 Determination, 78 FR 18958, 18959 at n. 10. 4 See Final Section 129 Remand. E:\FR\FM\07JNN1.SGM 07JNN1 36520 Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Notices 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). Furthermore, the Department is reinstating the order with respect to AT&M.5 DATES: Effective Date: May 21, 2016. FOR FURTHER INFORMATION CONTACT: Andrew Devine, 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) 482–0238. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES Background In the less-than-fair-value (‘‘LTFV’’) investigation, the Department determined that mandatory respondent AT&M was eligible for a separate rate, and calculated a separate estimated weighted-average dumping margin for it.6 Petitioner, the Diamond Sawblades Manufacturers’ Coalition (‘‘DSMC’’), challenged the Department’s separaterate determination in court.7 Concurrently, the PRC challenged the Department’s use of its ‘‘zeroing’’ methodology in calculating dumping margins in certain LTFV investigations before the World Trade Organization’s (‘‘WTO’’) Dispute Settlement Body.8 Effective March 22, 2013, in response to the dispute settlement panel’s findings and instructions by the United States Trade Representative (‘‘USTR’’) to implement the Department’s determination under Section 129 of the URAA, the Department recalculated AT&M’s weighted-average dumping margin from the LTFV investigation without the use of zeroing.9 Removing 5 Who, was stated in the Implemented PRC Section 129 Determination was, collectively with Beijing Gang Yan Diamond Product Company and Yichang HXF Circular Saw Industrial Co., Ltd., a single entity. 6 See Implemented PRC Section 129 Determination at 29306. 7 See Advanced Technology & Materials Co. v. United States, 938 F. Supp. 2d 1342 (CIT 2013). 8 See WTO Panel Report, United States—AntiDumping Measures on Certain Shrimp and Diamond Sawblades from China, WT/DS422/R (June 8, 2012). 9 See Certain Frozen Warmwater Shrimp from the People’s Republic of China and Diamond Sawblades and Parts Thereof From the People’s Republic of China: Notice of Implementation of VerDate Sep<11>2014 19:13 Jun 06, 2016 Jkt 238001 the zeroing methodology resulted in AT&M receiving a calculated dumping margin of zero.10 Consequently, the Department partially revoked the order with respect to AT&M. The DSMC challenged this determination before the Court. Additionally, in the ongoing litigation relating to the Department’s separate-rate determination in the LTFV investigation, the Department reconsidered AT&M’s separate rate eligibility and determined that AT&M had not rebutted the presumption of state control, and thus, was not eligible for a separate rate.11 The rate applicable to the PRC-wide entity in the LTFV investigation was based on information in the petition and did not involve zeroing.12 On October 11, 2013, the Court sustained the Department’s redetermination that AT&M failed to rebut the presumption of state control, and therefore, was not eligible for a separate rate.13 On October 24, 2014, the Court of Appeals for the Federal Circuit (‘‘CAFC’’) affirmed the Court’s decision.14 In light of AT&M’s ineligibility for a separate rate in the LTFV investigation, and the inapplicability of the separaterate applied to AT&M in the LTFV investigation which served as the basis of the Department’s Implemented PRC Section 129 determination, in the litigation concerning the Implemented PRC Section 129 determination, the United States moved for a voluntary remand to reconsider its partial revocation of the dumping order. The Court granted the United States’ motion.15 Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958, 18960 (March 28, 2013). 10 Id. 11 See Final Results of Redetermination Pursuant to Remand Order Diamond Sawblades and Parts Thereof from the People’s Republic of China, Advanced Tech. & Material Co. v. United States, CIT Ct. No. 09–511 (May 6, 2013) (‘‘Advanced Tech. Remand’’) available at http:// enforcement.trade.gov/remands/12-147.pdf. 12 See Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Preliminary Partial Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People’s Republic of China, 70 FR 77121, 77129 (December 29, 2005) unchanged in Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the People’s Republic of China, 71 FR 29303 (May 22, 2006). 13 See Advanced Technology & Materials Co. v. United States, 938 F. Supp. 2d 1342 (CIT 2013). 14 See Advanced Technology & Materials Co. v. United States, 581 Fed. Appx. 900 (CAFC 2014) (Rule 36). 15 See Diamond Sawblades Manufacturers Coalition v. United States, Court No. 13–00168, Slip op. 15–92 (August 20, 2015). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 On December 1, 2015, the Department issued the final results of redetermination in this section 129 remand and filed this remand with the Court.16 On May 11, 2016, the Court entered judgment sustaining the remand results.17 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 May 11, 2016, judgment sustaining the Final Section 129 Remand constitutes a final decision of the Court that is not in harmony with the Department’s Implemented PRC Section 129 Determination.18 This notice is published in fulfillment of the publication requirement of Timken. Reinstatement of the Order In the Final Section 129 Remand, sustained by the Court,19 the Department determined that reinstatement of the order with regard to AT&M was appropriate.20 Accordingly, consistent with the Final Section 129 Remand and the decision by the Court sustaining that redetermination, the Department hereby reinstates the order as it applies to AT&M. Consistent with the Department’s stated intention in the Final Section 129 Remand, this reinstatement of the order with regard to AT&M is effective as of March 22, 2013, which was the effective date of the partial revocation.21 Cash Deposit Requirements The Department will instruct U.S. Customs and Border Protection to require cash deposits at 82.05 percent, the current rate established for the PRCwide entity.22 Pursuant to the Court’s finding that the Department should have issued those instructions upon filing the redetermination with the Court, those instructions will be effective as of December 1, 2015, the date the remand 16 See Final Section 129 Remand. Final Sustained Remand. 18 See DSMC. 19 See DSMC at 5–6. 20 See Final Section 129 Remand; see also DSMC. 21 See Final Section 129 Remand, at 6. 22 See Diamond Sawblades and Parts Thereof from the People’s Republic of China; Final Results of Antidumping Duty Administrative Review; 2012– 2013, 80 FR 32344, 32345 (June 8, 2015). 17 See E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Notices redetermination was filed with the Court. Notification to Interested Parties 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: June 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–13534 Filed 6–6–16; 8:45 am] BILLING CODE 3510–DS–P This information will help create better rip current products used by the National Weather Service (NWS) to protect lives and prevent injury from rip currents. II. Method of Collection National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Rip Current Visualization Survey and Focus Groups National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: 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. DATES: Written comments must be submitted on or before August 8, 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 Nicole Kurkowski, National Weather Service, ((301) 427–9104), nicole.kurkowski@noaa.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: I. Abstract This is a request for a new collection of information. The objective of the survey and focus groups is to collect information on the current use and knowledge of NOAA’s National Weather Service (NWS) products and perceptions of various rip current products. The focus groups will ask participants to explain their responses. VerDate Sep<11>2014 19:13 Jun 06, 2016 Jkt 238001 OMB Control Number: 0648–xxxx. Form Number(s): None. Type of Review: Regular submission (request for a new information collection). Affected Public: Members of the public. Estimated Number of Respondents: 500 for the survey and 80 for the focus groups. Estimated Time per Response: 30 minutes for the survey and 1.5 hours for the focus groups. Estimated Total Annual Burden Hours: 250 hours for the survey and 120 hours for the focus groups. Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs. IV. Request for Comments 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 shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (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 respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: June 2, 2016. Sarah Brabson, NOAA PRA Clearance Officer. [FR Doc. 2016–13368 Filed 6–6–16; 8:45 am] BILLING CODE 3510–KE–P PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE663 Marine Mammals; File No. 18769 The primary data collection vehicles will be an internet-based, public survey and face to face focus groups. The focus groups will target lifeguards and decision makers. Telephone and personal interviews may be employed to supplement and verify survey responses. III. Data DEPARTMENT OF COMMERCE 36521 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Sea World, LLC., 9205 South Park Center Loop, Suite 400, Orlando, FL 32819 [Christopher Dold, D.V.M., Responsible Party], has applied in due form for a permit to continue enhancement activities on three currently held non-releasable Guadalupe fur seals (Arctocephalus townsendi) with the option of holding up to six non-releasable furs seals at any given time. DATES: Written, telefaxed, or email comments must be received on or before July 7, 2016. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 18769 from the list of available applications. These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. 18769 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore and Amy Sloan, (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended SUMMARY: E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36519-36521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13534]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof 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 and Reinstatement 
of Order, in Part

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

SUMMARY: On May 11, 2016, the United States Court of International 
Trade (``the Court'') issued final judgment in Diamond Sawblades 
Manufacturers' Coalition v. United States, Court No. 13-00168,\1\ 
sustaining the Department of Commerce's (``the Department'') voluntary 
final remand results concerning the Implemented PRC Section 129 
Determination.\2\ In the Final Section 129 Remand, the Department 
determined that it was appropriate to reinstate the partially revoked 
antidumping duty order (``the order'') on diamond sawblades and parts 
thereof (``diamond sawblades'') from the People's Republic of China 
(``PRC'') with respect to Advanced Technology & Materials Co., Ltd. 
(``AT&M'') \3\ where the basis for the Implemented PRC Section 129 
Determination was no longer valid.\4\
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    \1\ See Diamond Sawblades Manufacturer's Coalition v. United 
States, Consol. Court No. 13-00168, Slip Op. 16-48 (CIT May 11, 
2016) (``DSMC'').
    \2\ See Final Results Of Redetermination Pursuant To Diamond 
Sawblades Manufacturers' Coalition v. United States, Consol. Court 
No. 13-00168, Slip Op. 15-92 (CIT August 20, 2015), dated December 
1, 2015, (``Final Section 129 Remand'') available at http://enforcement.trade.gov/remands/; Certain Frozen Warmwater Shrimp from 
the People's Republic of China and Diamond Sawblades and Parts 
Thereof From the People's Republic of China: Notice of 
Implementation of Determinations Under Section 129 of the Uruguay 
Round Agreements Act and Partial Revocation of the Antidumping Duty 
Orders, 78 FR 18958 (March 28, 2013) (``Implemented PRC Section 129 
Determination'').
    \3\ Collectively with Beijing Gang Yan Diamond Product Company 
and Yichang HXF Circular Saw Industrial Co., Ltd., a single entity. 
See Implemented PRC Section 129 Determination, 78 FR 18958, 18959 at 
n. 10.
    \4\ See Final Section 129 Remand.
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    Consistent with the decision of the United States Court of Appeals 
for the

[[Page 36520]]

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). Furthermore, the 
Department is reinstating the order with respect to AT&M.\5\
---------------------------------------------------------------------------

    \5\ Who, was stated in the Implemented PRC Section 129 
Determination was, collectively with Beijing Gang Yan Diamond 
Product Company and Yichang HXF Circular Saw Industrial Co., Ltd., a 
single entity.

---------------------------------------------------------------------------
DATES: Effective Date: May 21, 2016.

FOR FURTHER INFORMATION CONTACT: Andrew Devine, 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-
0238.

SUPPLEMENTARY INFORMATION:

Background

    In the less-than-fair-value (``LTFV'') investigation, the 
Department determined that mandatory respondent AT&M was eligible for a 
separate rate, and calculated a separate estimated weighted-average 
dumping margin for it.\6\ Petitioner, the Diamond Sawblades 
Manufacturers' Coalition (``DSMC''), challenged the Department's 
separate-rate determination in court.\7\ Concurrently, the PRC 
challenged the Department's use of its ``zeroing'' methodology in 
calculating dumping margins in certain LTFV investigations before the 
World Trade Organization's (``WTO'') Dispute Settlement Body.\8\ 
Effective March 22, 2013, in response to the dispute settlement panel's 
findings and instructions by the United States Trade Representative 
(``USTR'') to implement the Department's determination under Section 
129 of the URAA, the Department recalculated AT&M's weighted-average 
dumping margin from the LTFV investigation without the use of 
zeroing.\9\ Removing the zeroing methodology resulted in AT&M receiving 
a calculated dumping margin of zero.\10\ Consequently, the Department 
partially revoked the order with respect to AT&M. The DSMC challenged 
this determination before the Court. Additionally, in the ongoing 
litigation relating to the Department's separate-rate determination in 
the LTFV investigation, the Department reconsidered AT&M's separate 
rate eligibility and determined that AT&M had not rebutted the 
presumption of state control, and thus, was not eligible for a separate 
rate.\11\ The rate applicable to the PRC-wide entity in the LTFV 
investigation was based on information in the petition and did not 
involve zeroing.\12\ On October 11, 2013, the Court sustained the 
Department's redetermination that AT&M failed to rebut the presumption 
of state control, and therefore, was not eligible for a separate 
rate.\13\ On October 24, 2014, the Court of Appeals for the Federal 
Circuit (``CAFC'') affirmed the Court's decision.\14\
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    \6\ See Implemented PRC Section 129 Determination at 29306.
    \7\ See Advanced Technology & Materials Co. v. United States, 
938 F. Supp. 2d 1342 (CIT 2013).
    \8\ See WTO Panel Report, United States--Anti-Dumping Measures 
on Certain Shrimp and Diamond Sawblades from China, WT/DS422/R (June 
8, 2012).
    \9\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China and Diamond Sawblades and Parts Thereof From the 
People's Republic of China: Notice of Implementation of 
Determinations Under Section 129 of the Uruguay Round Agreements Act 
and Partial Revocation of the Antidumping Duty Orders, 78 FR 18958, 
18960 (March 28, 2013).
    \10\ Id.
    \11\ See Final Results of Redetermination Pursuant to Remand 
Order Diamond Sawblades and Parts Thereof from the People's Republic 
of China, Advanced Tech. & Material Co. v. United States, CIT Ct. 
No. 09-511 (May 6, 2013) (``Advanced Tech. Remand'') available at 
http://enforcement.trade.gov/remands/12-147.pdf.
    \12\ See Preliminary Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Preliminary Partial 
Determination of Critical Circumstances: Diamond Sawblades and Parts 
Thereof from the People's Republic of China, 70 FR 77121, 77129 
(December 29, 2005) unchanged in Final Determination of Sales at 
Less Than Fair Value and Final Partial Affirmative Determination of 
Critical Circumstances: Diamond Sawblades and Parts Thereof from the 
People's Republic of China, 71 FR 29303 (May 22, 2006).
    \13\ See Advanced Technology & Materials Co. v. United States, 
938 F. Supp. 2d 1342 (CIT 2013).
    \14\ See Advanced Technology & Materials Co. v. United States, 
581 Fed. Appx. 900 (CAFC 2014) (Rule 36).
---------------------------------------------------------------------------

    In light of AT&M's ineligibility for a separate rate in the LTFV 
investigation, and the inapplicability of the separate-rate applied to 
AT&M in the LTFV investigation which served as the basis of the 
Department's Implemented PRC Section 129 determination, in the 
litigation concerning the Implemented PRC Section 129 determination, 
the United States moved for a voluntary remand to reconsider its 
partial revocation of the dumping order. The Court granted the United 
States' motion.\15\
---------------------------------------------------------------------------

    \15\ See Diamond Sawblades Manufacturers Coalition v. United 
States, Court No. 13-00168, Slip op. 15-92 (August 20, 2015).
---------------------------------------------------------------------------

    On December 1, 2015, the Department issued the final results of 
redetermination in this section 129 remand and filed this remand with 
the Court.\16\ On May 11, 2016, the Court entered judgment sustaining 
the remand results.\17\
---------------------------------------------------------------------------

    \16\ See Final Section 129 Remand.
    \17\ See Final Sustained Remand.
---------------------------------------------------------------------------

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 May 11, 2016, 
judgment sustaining the Final Section 129 Remand constitutes a final 
decision of the Court that is not in harmony with the Department's 
Implemented PRC Section 129 Determination.\18\ This notice is published 
in fulfillment of the publication requirement of Timken.
---------------------------------------------------------------------------

    \18\ See DSMC.
---------------------------------------------------------------------------

Reinstatement of the Order

    In the Final Section 129 Remand, sustained by the Court,\19\ the 
Department determined that reinstatement of the order with regard to 
AT&M was appropriate.\20\ Accordingly, consistent with the Final 
Section 129 Remand and the decision by the Court sustaining that 
redetermination, the Department hereby reinstates the order as it 
applies to AT&M. Consistent with the Department's stated intention in 
the Final Section 129 Remand, this reinstatement of the order with 
regard to AT&M is effective as of March 22, 2013, which was the 
effective date of the partial revocation.\21\
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    \19\ See DSMC at 5-6.
    \20\ See Final Section 129 Remand; see also DSMC.
    \21\ See Final Section 129 Remand, at 6.
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Cash Deposit Requirements

    The Department will instruct U.S. Customs and Border Protection to 
require cash deposits at 82.05 percent, the current rate established 
for the PRC-wide entity.\22\ Pursuant to the Court's finding that the 
Department should have issued those instructions upon filing the 
redetermination with the Court, those instructions will be effective as 
of December 1, 2015, the date the remand

[[Page 36521]]

redetermination was filed with the Court.
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    \22\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 80 FR 32344, 32345 (June 8, 2015).
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Notification to Interested Parties

    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: June 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13534 Filed 6-6-16; 8:45 am]
 BILLING CODE 3510-DS-P