Approval of Subzone Status, Barrett Distribution Centers, Inc., Franklin, Massachusetts, 52402 [2016-18781]
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Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
International Trade Administration
[A–570–967; C–570–968]
[Order No. 2005]
Approval of Subzone Status, Barrett
Distribution Centers, Inc., Franklin,
Massachusetts
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
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WHEREAS, the Foreign-Trade Zones
Act provides for ‘‘. . . the establishment
. . . of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
WHEREAS, the Board’s regulations
(15 CFR part 400) provide for the
establishment of subzones for specific
uses;
WHEREAS, the Massachusetts Port
Authority, grantee of Foreign-Trade
Zone 27, has made application to the
Board for the establishment of a subzone
at the facility of Barrett Distribution
Centers, Inc., located in Franklin,
Massachusetts (FTZ Docket B–9–2016,
docketed 02–17–2016);
WHEREAS, notice inviting public
comment has been given in the Federal
Register (81 FR 8907, February 23,
2016) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
WHEREAS, the Board adopts the
findings and recommendations of the
examiner’s memorandum, and finds that
the requirements of the FTZ Act and the
Board’s regulations are satisfied;
NOW, THEREFORE, the Board hereby
approves subzone status at the facility of
Barrett Distribution Centers, Inc.,
located in Franklin, Massachusetts
(Subzone 27O), as described in the
application and Federal Register notice,
subject to the FTZ Act and the Board’s
regulations, including Section 400.13.
Dated: July 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–18781 Filed 8–5–16; 8:45 am]
BILLING CODE 3510–DS–P
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Aluminum Extrusions From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant
to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 18, 2016, the United
States Court of International Trade (CIT)
sustained the Department of
Commerce’s (Department) final results
of redetermination in which the
Department determined, under protest,
that certain kitchen appliance door
handles are not covered by the scope of
the antidumping (AD) and
countervailing duty (CVD) orders on
aluminum extrusions from the People’s
Republic of China.
DATES: Effective Date: July 28, 2016.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, AD/CVD Operations,
Office III, Enforcement and Compliance,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–3965.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 21, 2013, the Department
issued a final scope ruling in which it
determined that three types of kitchen
appliance door handles (Types A, B,
and C) imported by Meridian are within
the scope of the Orders 1 and did not
meet the scope exclusions for ‘‘finished
merchandise’’ and ‘‘finished goods
kits.’’ 2 Meridian challenged the
Department’s final scope ruling at the
CIT.
On December 7, 2015, the CIT issued
an opinion and order in Meridian I
sustaining the Department’s findings in
the Kitchen Appliance Door Handles
Scope Ruling that Meridian’s Type A
door handles (consisting of a single
piece of aluminum extrusion) and Type
C door handles (consisting of a single
piece of aluminum extrusion packaged
as a ‘‘kit’’ with a tool and an instruction
1 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) and Aluminum Extrusions
from the People’s Republic of China: Countervailing
Duty Order, 76 FR 30653 (May 26, 2011) (the
Orders).
2 See ‘‘Final Scope Ruling on Meridian Kitchen
Appliance Door Handles,’’ dated June 21, 2013
(Kitchen Appliance Door Handles Scope Ruling) at
12–15.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
manual) are within the scope of the
Orders based on a plain reading of the
scope language.3 The Court, however,
remanded the Department’s
determination that Type B door handles
(consisting of a single piece of
aluminum extrusion with two plastic
end caps fastened on with screws) are
within the scope of the Orders. The
Court found the Department’s
determination to be unsupported by the
general scope language.4 The Court
further found that, assuming arguendo
that Meridian’s Type B door handles
were covered by the scope language, the
Department erred in finding that the
products did not satisfy the ‘‘finished
merchandise’’ exclusion.5
On March 23, 2016, the Department
issued its Final Results of
Redetermination, in which it found,
respectfully, under protest, that
Meridian’s Type B door handles are not
covered by the scope of the Orders
because the general scope language did
not cover such products. As a result, the
Department did not consider whether
Meridian’s Type B door handles were
subject to the exclusion for ‘‘finished
merchandise.’’ 6
On July 18, 2016, in Meridian II the
Court sustained the Department’s
finding in the Final Results of
Redetermination that Meridian’s Type B
door handles are not covered by the
scope of the Orders.7 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 (CAFC 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 scope ruling
and is amending the final scope ruling
to find that certain kitchen appliance
door handles imported by Meridian LLC
(Meridian) are not covered by the scope
of the AD and CVD orders on aluminum
extrusions from the People’s Republic of
China.
3 See Meridian Products LLC v. United States,
Court No. 13–00246, Slip Op. 15–135 (Meridian I)
at 6–9.
4 Id., at 10–13.
5 Id., at 13–16.
6 See Final Results of Redetermination Pursuant
to Court Remand, Meridian Products, LLC v. United
States, Court No. 13–00246, Slip Op. 15–135 (CIT
December 7, 2015) (Final Results of
Redetermination).
7 See Meridian Products, LLC v. United States,
Court No. 13–00246, Slip Op. 16–71 (Meridian II)
at 11.
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]]>Agencies
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Page 52402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18781]
[[Page 52402]]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 2005]
Approval of Subzone Status, Barrett Distribution Centers, Inc.,
Franklin, Massachusetts
Pursuant to its authority under the Foreign-Trade Zones Act of
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade
Zones Board (the Board) adopts the following Order:
WHEREAS, the Foreign-Trade Zones Act provides for ``. . . the
establishment . . . of foreign-trade zones in ports of entry of the
United States, to expedite and encourage foreign commerce, and for
other purposes,'' and authorizes the Foreign-Trade Zones Board to grant
to qualified corporations the privilege of establishing foreign-trade
zones in or adjacent to U.S. Customs and Border Protection ports of
entry;
WHEREAS, the Board's regulations (15 CFR part 400) provide for the
establishment of subzones for specific uses;
WHEREAS, the Massachusetts Port Authority, grantee of Foreign-Trade
Zone 27, has made application to the Board for the establishment of a
subzone at the facility of Barrett Distribution Centers, Inc., located
in Franklin, Massachusetts (FTZ Docket B-9-2016, docketed 02-17-2016);
WHEREAS, notice inviting public comment has been given in the
Federal Register (81 FR 8907, February 23, 2016) and the application
has been processed pursuant to the FTZ Act and the Board's regulations;
and,
WHEREAS, the Board adopts the findings and recommendations of the
examiner's memorandum, and finds that the requirements of the FTZ Act
and the Board's regulations are satisfied;
NOW, THEREFORE, the Board hereby approves subzone status at the
facility of Barrett Distribution Centers, Inc., located in Franklin,
Massachusetts (Subzone 27O), as described in the application and
Federal Register notice, subject to the FTZ Act and the Board's
regulations, including Section 400.13.
Dated: July 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for Enforcement and Compliance,
Alternate Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016-18781 Filed 8-5-16; 8:45 am]
BILLING CODE 3510-DS-P
