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, 52402-52403 [2016-18788]
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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:
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
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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.
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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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Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
Timken Notice
DEPARTMENT OF COMMERCE
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the Federal Circuit 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 CIT’s July 18, 2016, judgment in
Meridian II sustaining 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 constitutes a final
decision of the Court that is not in
harmony with the Kitchen Appliance
Door Handles Scope Ruling. This notice
is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of Meridian’s Type B door handles at
issue pending expiration of the period
of appeal or, if appealed, pending a final
and conclusive court decision.
International Trade Administration
Amended Final Scope Ruling
Because there is now a final court
decision with respect to the Kitchen
Appliance Door Handles Scope Ruling,
the Department amends its final scope
ruling and finds that the scope of the
Orders does not cover Meridian’s Type
B door handles. The Department will
instruct U.S. Customs and Border
Protection (CBP) that the cash deposit
rate will be zero percent for Meridian’s
Type B door handles. In the event the
CIT’s ruling is not appealed, or if
appealed, upheld by the Federal Circuit,
the Department will instruct CBP to
liquidate entries of Meridian’s Type B
door handles without regard to
antidumping and/or countervailing
duties, and to lift suspension of
liquidation of such entries.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
mstockstill on DSK3G9T082PROD with NOTICES
Dated: August 2, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–18788 Filed 8–5–16; 8:45 am]
BILLING CODE 3510–DS–P
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China:
Preliminary Rescission of 2015
Antidumping Duty New Shipper
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting a new
shipper review (NSR) of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (PRC). The NSR
covers merchandise exported by Linyi
Yuqiao International Trade Co., Ltd.
(Yuqiao) and produced by Linyi City
Kangfa Drinkable Co., Ltd. The period of
review (POR) is February 1, 2015
through July 31, 2015. The Department
preliminarily determines that Yuqiao
did not make a bona fide sale during the
POR. Because any weighted average
dumping margin must be based solely
on bona fide sales, we are preliminarily
rescinding this NSR. Interested parties
are invited to comment on the
preliminary results of this review.
DATES: Effective August 8, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4475 and (202) 482–0649,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 8, 2015, the Department
published a notice of initiation of a new
shipper review of the antidumping duty
order on certain preserved mushrooms
from the PRC.1 The Department
subsequently issued an antidumping
duty questionnaire, and supplemental
questionnaires, to Yuqiao and received
timely responses thereto.
The Department has exercised its
discretion to toll all administrative
deadlines due to the recent closure of
the Federal government because of
Snowstorm ‘‘Jonas.’’ Thus, all of the
deadlines in this segment of the
proceeding have been extended by four
business days. The revised deadline for
1 See Certain Preserved Mushrooms From the
People’s Republic of China: Initiation of
Antidumping Duty New Shipper Review, 80 FR
60883 (October 8, 2015) (Initiation Notice).
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52403
the preliminary results of this review,
after the four business-day extension,
was April 4, 2016.2 However, on March
28, 2016, the Department extended the
time period for issuing the preliminary
results of this NSR by 120 days, until
August 2, 2016.3
Scope of the Order
The products covered by this order
are certain preserved mushrooms,
whether imported whole, sliced, diced,
or as stems and pieces. The certain
preserved mushrooms covered under
this order are the species Agaricus
bisporus and Agaricus bitorquis.
‘‘Certain Preserved Mushrooms’’ refers
to mushrooms that have been prepared
or preserved by cleaning, blanching, and
sometimes slicing or cutting. These
mushrooms are then packed and heated
in containers including, but not limited
to, cans or glass jars in a suitable liquid
medium, including, but not limited to,
water, brine, butter or butter sauce.
Certain preserved mushrooms may be
imported whole, sliced, diced, or as
stems and pieces. Included within the
scope of this order are ‘‘brined’’
mushrooms, which are presalted and
packed in a heavy salt solution to
provisionally preserve them for further
processing. The merchandise subject to
this order is classifiable under
subheadings: 2003.10.0127,
2003.10.0131, 2003.10.0137,
2003.10.0143, 2003.10.0147,
2003.10.0153, and 0711.51.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and Customs purposes, the
written description of the scope of this
order is dispositive.4
Methodology
The Department is conducting this
review in accordance with section
2 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm Jonas,’’
dated January 27, 2016.
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain Preserved
Mushrooms from the People’s Republic of China:
Extension of Deadline for the Preliminary Results
of Antidumping Duty New Shipper Review,’’ dated
March 28, 2016.
4 For a complete description of the scope of the
order, see ‘‘Decision Memorandum for the
Preliminary Rescission of the 2015 Antidumping
Duty New Shipper Review of Certain Preserved
Mushrooms from the People’s Republic of China,’’
from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance (Preliminary Decision Memorandum),
dated concurrently with this notice.
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Agencies
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52402-52403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18788]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967; C-570-968]
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
AGENCY: 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:
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ See Meridian Products, LLC v. United States, Court No. 13-
00246, Slip Op. 16-71 (Meridian II) at 11.
---------------------------------------------------------------------------
[[Page 52403]]
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the Federal Circuit 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 CIT's July 18, 2016,
judgment in Meridian II sustaining 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 constitutes a final decision
of the Court that is not in harmony with the Kitchen Appliance Door
Handles Scope Ruling. This notice is published in fulfillment of the
publication requirements of Timken. Accordingly, the Department will
continue the suspension of liquidation of Meridian's Type B door
handles at issue pending expiration of the period of appeal or, if
appealed, pending a final and conclusive court decision.
Amended Final Scope Ruling
Because there is now a final court decision with respect to the
Kitchen Appliance Door Handles Scope Ruling, the Department amends its
final scope ruling and finds that the scope of the Orders does not
cover Meridian's Type B door handles. The Department will instruct U.S.
Customs and Border Protection (CBP) that the cash deposit rate will be
zero percent for Meridian's Type B door handles. In the event the CIT's
ruling is not appealed, or if appealed, upheld by the Federal Circuit,
the Department will instruct CBP to liquidate entries of Meridian's
Type B door handles without regard to antidumping and/or countervailing
duties, and to lift suspension of liquidation of such entries.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: August 2, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-18788 Filed 8-5-16; 8:45 am]
BILLING CODE 3510-DS-P