Approval of Subzone Status, Barrett Distribution Centers, Inc., Franklin, Massachusetts, 52402 [2016-18781]

Download as PDF 52402 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: mstockstill on DSK3G9T082PROD with NOTICES 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 VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 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. E:\FR\FM\08AUN1.SGM 08AUN1

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