Honey From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Review and Notice of Amended Final Results of Review Pursuant to Court Decision, 29840-29841 [2017-13791]
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.29
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.30 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
Dated: June 22, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK30JT082PROD with NOTICES
Scope of the Investigation
The merchandise covered by this
investigation includes all grades and
granulation sizes of citric acid, sodium
citrate, and potassium citrate in their
unblended forms, whether dry or in solution,
and regardless of packaging type. The scope
also includes blends of citric acid, sodium
citrate, and potassium citrate; as well as
blends with other ingredients, such as sugar,
where the unblended form(s) of citric acid,
sodium citrate, and potassium citrate
constitute 40 percent or more, by weight, of
the blend.
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
30 See
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[FR Doc. 2017–13824 Filed 6–29–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Appendix
29 See
The scope also includes all forms of crude
calcium citrate, including dicalcium citrate
monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate
products in the production of citric acid,
sodium citrate, and potassium citrate.
The scope includes the hydrous and
anhydrous forms of citric acid, the dihydrate
and anhydrous forms of sodium citrate,
otherwise known as citric acid sodium salt,
and the monohydrate and monopotassium
forms of potassium citrate. Sodium citrate
also includes both trisodium citrate and
monosodium citrate which are also known as
citric acid trisodium salt and citric acid
monosodium salt, respectively.
The scope does not include calcium citrate
that satisfies the standards set forth in the
United States Pharmacopeia and has been
mixed with a functional excipient, such as
dextrose or starch, where the excipient
constitutes at least 2 percent, by weight, of
the product.
Citric acid and sodium citrate are
classifiable under 2918.14.0000 and
2918.15.1000 of the Harmonized Tariff
Schedule of the United States (HTSUS),
respectively. Potassium citrate and crude
calcium citrate are classifiable under
2918.15.5000 and, if included in a mixture or
blend, 3824.99.9295 of the HTSUS. Blends
that include citric acid, sodium citrate, and
potassium citrate are classifiable under
3824.99.9295 of the HTSUS. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
Honey From the People’s Republic of
China: Notice of Court Decision Not in
Harmony With Final Results of Review
and Notice of Amended Final Results
of Review Pursuant to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is notifying the public
that the Court of International Trade’s
(CIT’s or the Court’s) final judgment in
this case is not in harmony with the
Department’s final results of review and
is, therefore, amending the final
dumping duty margin for one reviewed
company.
DATES: Effective Date: June 10, 2017.
FOR FURTHER INFORMATION CONTACT: John
Drury, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0195.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the
Department published an amended final
determination of sales at less than fair
value, and an antidumping duty order,
on honey from the People’s Republic of
China (PRC).1 As part of the
Department’s amended final
determination, the Department made
affirmative critical circumstances
determinations for Zhejiang Native
Produce and Animal By-Products
Import & Export Corp., a.k.a. Zhejiang
Native Produce and Animal By-Products
Import and Export Group Corporation
(Zhejiang), and certain other firms.2
On January 20, 2003, the Department
initiated an administrative review of the
antidumping duty order on honey from
the PRC covering the period February
10, 2001, through November 30, 2002.3
In the administrative review, the
Department determined normal value
using a factors of production (FOP)
methodology, pursuant to section 773(c)
of the Tariff Act of 1930, as amended
(the Act) and selected India as the
primary surrogate country from which
to derive surrogate values.
On May 5, 2004, the Department
published the Final Results.4 On June
10, 2004, the Department published the
Amended Final Results, which
corrected certain ministerial errors.5 In
the Amended Final Results, the
Department corrected the antidumping
duty margin for respondent Zhejiang
from 68.35 percent to 67.70 percent ad
valorem.
Zhejiang challenged the Final Results
and Amended Final Results before the
CIT. On November 19, 2004, the
Department amended the record of the
proceeding to add 11 documents that
were not included in the original
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order; Honey from the People’s Republic of
China, 66 FR 63670 (December 10, 2001) (Amended
Final Determination and Order).
2 Id., at 63672.
3 See Initiation of Antidumping and
Countervailing Administrative Review and Requests
for Revocation in Part, 68 FR 3009 (January 22,
2003) (Initiation Notice).
4 See Honey from the People’s Republic of China:
Final Results of First Antidumping Duty
Administrative Review, 69 FR 25060 (May 5, 2004),
and the accompanying ‘‘Issues and Decision
Memorandum for the Final Results of the First
Administrative Review of the Antidumping Order
on Honey from the People’s Republic of China,’’
dated April 28, 2004 (Decision Memorandum)
(collectively, Final Results).
5 See Honey from the People’s Republic of China:
Amended Final Results of First Antidumping Duty
Administrative Review, 69 FR 32494 (June 10, 2004)
(Amended Final Results).
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29841
Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices
mstockstill on DSK30JT082PROD with NOTICES
record,6 but were identified as part of a
Freedom of Information Act (FOIA)
request filed by Zhejiang.
At the same time that Zhejiang
challenged the Department’s Final
Results as amended, litigation
concerning the Department’s final
determination of critical circumstances
in the less than fair value investigation
of honey from the PRC ensued.7 In light
of the fact that the POR for the first
administrative review was, in part,
based on the Department’s finding of
critical circumstances in the
investigation, the CIT stayed further
action pending the outcome of the
litigation relating to the investigation.
The CIT affirmed the Department’s
finding on remand of no critical
circumstances on June 18, 2013.8
On August 3, 2015, the CIT remanded
this case to the Department.
Specifically, the Court: (1) Granted the
Department’s request for a voluntary
remand to reconsider the issues related
to the surrogate value for raw honey; (2)
remanded the issue of the selection of
the appropriate financial statements;
and (3) requested that the Department
recalculate Zhejiang’s dumping margin
to reflect the different POR resulting
from the decision in Zhejiang Native
Produce & Animal By-Products Import
& Export Corp. v. United States, Court
No. 02–00057.
The Department released a draft
redetermination on December 31, 2015,
and invited comments from parties.9
The Department released a final
redetermination on February 10, 2016.10
In the Final Redetermination, consistent
with the Court’s instructions and after a
review of information on the record and
comments from interested parties, the
Department found that a change in the
surrogate value for raw honey was not
warranted and that a change in the
financial statements for calculating
surrogate values for factory overhead,
selling, general and administrative
6 See Letter to All Interested Parties, dated
October 21, 2015, at Attachment I, citing to
Amended Public Record 121–131, Ct. No. 04–268;
see also Amendment to Administrative Record in
Zhejiang Native Produce and Animal By-Products
Import and Export Corp v. United States, Court No
04–00268, dated November 19, 2004.
7 See Zhejiang Native Produce & Animal ByProducts Import & Export Corp. v. United States,
Court No. 02–00057, 25 ITRD (BNA) 2394 (CIT
November 21, 2003); 26 ITRD (BNA) 2320 (CIT
August 26, 2004).
8 See Zhejiang Native Produce & Animal ByProducts Import & Export Corp. v. United States,
2013 WL 2996235, Slip Op. 13–76 (CIT 2013).
9 See Letter to All Interested Parties, dated
December 31, 2015 (Draft Redetermination).
10 See Zhejiang Native Produce & Animal ByProducts Import & Export Corp. v. United States,
Court No. 04–00268, dated February 10, 2016 (Final
Redetermination).
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17:32 Jun 29, 2017
Jkt 241001
expenses, and profit, was also not
warranted. In addition, the Department
removed sales corresponding to the
critical circumstances period and
recalculated the antidumping duty
margin. Specifically, the Department
calculated a margin of 67.06 percent ad
valorem for Zhejiang’s sales of honey
from the PRC for the period of May 11,
2001, to November 30, 2002.11
On June 1, 2017, the CIT sustained the
Department’s Final Redetermination in
its entirety.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades,14 the
United States Court of Appeals for the
Federal Circuit (CAFC) held that,
pursuant to sections 516A(c) and (e) of
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
June 1, 2017, judgment in Zhejiang III,
sustaining the Department’s decision in
the Final Redetermination to recalculate the dumping margin for
Zhejiang from 67.70 percent to 67.06
percent, constitutes a final decision of
the court that is not in harmony with
the Amended Final Results. This notice
is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will issue
liquidation instructions to U.S. Customs
and Border Protection (CBP) to liquidate
entries of honey from the PRC exported
to or imported into the United States by
Zhejiang at the rate of 67.06 percent ad
valorem pending expiration of the
period to appeal or, if appealed,
pending a final and conclusive court
decision.
Second Amended Final Results
Because there is now a final court
decision, the Department amends the
Amended Final Results with respect to
the dumping margin of Zhejiang. The
revised weighted-average dumping
margin for Zhejiang during the period
May 11, 2001, to November 30, 2002, is
as follows:
11 See
Final Redetermination at 29–30.
Zhejiang Native Produce & Animal ByProducts Import & Export Corp. v. United States,
Court No. 04–00268, dated June 1, 2017 (Zhejiang
III).
13 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
14 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
12 See
PO 00000
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Fmt 4703
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Exporter
Weightedaverage
dumping
margin
(percent)
Zhejiang Native Produce &
Animal By-Products Import
& Export Corp. ..................
67.06
In the event the Court’s ruling is not
appealed, or if appealed and upheld by
the CAFC, the Department will instruct
CBP to assess antidumping duties on
entries of the subject merchandise
exported by Zhejiang using the revised
assessment rate calculated by the
Department in the Final
Redetermination.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: June 23, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–13791 Filed 6–29–17; 8:45 am]
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Administration
RIN 0648–XF282
Endangered and Threatened Species;
Listing and Recovery Priority
Guidelines
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; extension
of comment period.
AGENCY:
On May 31, 2017, we, NMFS,
published a notice of availability to
revise the Recovery Plan Preparation
and Implementation Priorities and
Recovery Plans contained in the 1990
Listing and Recovery Priority
Guidelines. We opened a public
comment period that lasted through
June 30, 2017. We received several
requests to extend the public comment
period. Thus, we are extending the
period through August 28, 2017.
DATES: Comments on the proposed
revision must be received by close of
business on August 28, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0020 by either of the
following methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
SUMMARY:
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[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29840-29841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13791]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Notice of Court
Decision Not in Harmony With Final Results of Review and Notice of
Amended Final Results of Review Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is notifying the
public that the Court of International Trade's (CIT's or the Court's)
final judgment in this case is not in harmony with the Department's
final results of review and is, therefore, amending the final dumping
duty margin for one reviewed company.
DATES: Effective Date: June 10, 2017.
FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the Department published an amended final
determination of sales at less than fair value, and an antidumping duty
order, on honey from the People's Republic of China (PRC).\1\ As part
of the Department's amended final determination, the Department made
affirmative critical circumstances determinations for Zhejiang Native
Produce and Animal By-Products Import & Export Corp., a.k.a. Zhejiang
Native Produce and Animal By-Products Import and Export Group
Corporation (Zhejiang), and certain other firms.\2\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order; Honey from the People's
Republic of China, 66 FR 63670 (December 10, 2001) (Amended Final
Determination and Order).
\2\ Id., at 63672.
---------------------------------------------------------------------------
On January 20, 2003, the Department initiated an administrative
review of the antidumping duty order on honey from the PRC covering the
period February 10, 2001, through November 30, 2002.\3\ In the
administrative review, the Department determined normal value using a
factors of production (FOP) methodology, pursuant to section 773(c) of
the Tariff Act of 1930, as amended (the Act) and selected India as the
primary surrogate country from which to derive surrogate values.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing
Administrative Review and Requests for Revocation in Part, 68 FR
3009 (January 22, 2003) (Initiation Notice).
---------------------------------------------------------------------------
On May 5, 2004, the Department published the Final Results.\4\ On
June 10, 2004, the Department published the Amended Final Results,
which corrected certain ministerial errors.\5\ In the Amended Final
Results, the Department corrected the antidumping duty margin for
respondent Zhejiang from 68.35 percent to 67.70 percent ad valorem.
---------------------------------------------------------------------------
\4\ See Honey from the People's Republic of China: Final Results
of First Antidumping Duty Administrative Review, 69 FR 25060 (May 5,
2004), and the accompanying ``Issues and Decision Memorandum for the
Final Results of the First Administrative Review of the Antidumping
Order on Honey from the People's Republic of China,'' dated April
28, 2004 (Decision Memorandum) (collectively, Final Results).
\5\ See Honey from the People's Republic of China: Amended Final
Results of First Antidumping Duty Administrative Review, 69 FR 32494
(June 10, 2004) (Amended Final Results).
---------------------------------------------------------------------------
Zhejiang challenged the Final Results and Amended Final Results
before the CIT. On November 19, 2004, the Department amended the record
of the proceeding to add 11 documents that were not included in the
original
[[Page 29841]]
record,\6\ but were identified as part of a Freedom of Information Act
(FOIA) request filed by Zhejiang.
---------------------------------------------------------------------------
\6\ See Letter to All Interested Parties, dated October 21,
2015, at Attachment I, citing to Amended Public Record 121-131, Ct.
No. 04-268; see also Amendment to Administrative Record in Zhejiang
Native Produce and Animal By-Products Import and Export Corp v.
United States, Court No 04-00268, dated November 19, 2004.
---------------------------------------------------------------------------
At the same time that Zhejiang challenged the Department's Final
Results as amended, litigation concerning the Department's final
determination of critical circumstances in the less than fair value
investigation of honey from the PRC ensued.\7\ In light of the fact
that the POR for the first administrative review was, in part, based on
the Department's finding of critical circumstances in the
investigation, the CIT stayed further action pending the outcome of the
litigation relating to the investigation. The CIT affirmed the
Department's finding on remand of no critical circumstances on June 18,
2013.\8\
---------------------------------------------------------------------------
\7\ See Zhejiang Native Produce & Animal By-Products Import &
Export Corp. v. United States, Court No. 02-00057, 25 ITRD (BNA)
2394 (CIT November 21, 2003); 26 ITRD (BNA) 2320 (CIT August 26,
2004).
\8\ See Zhejiang Native Produce & Animal By-Products Import &
Export Corp. v. United States, 2013 WL 2996235, Slip Op. 13-76 (CIT
2013).
---------------------------------------------------------------------------
On August 3, 2015, the CIT remanded this case to the Department.
Specifically, the Court: (1) Granted the Department's request for a
voluntary remand to reconsider the issues related to the surrogate
value for raw honey; (2) remanded the issue of the selection of the
appropriate financial statements; and (3) requested that the Department
recalculate Zhejiang's dumping margin to reflect the different POR
resulting from the decision in Zhejiang Native Produce & Animal By-
Products Import & Export Corp. v. United States, Court No. 02-00057.
The Department released a draft redetermination on December 31,
2015, and invited comments from parties.\9\ The Department released a
final redetermination on February 10, 2016.\10\ In the Final
Redetermination, consistent with the Court's instructions and after a
review of information on the record and comments from interested
parties, the Department found that a change in the surrogate value for
raw honey was not warranted and that a change in the financial
statements for calculating surrogate values for factory overhead,
selling, general and administrative expenses, and profit, was also not
warranted. In addition, the Department removed sales corresponding to
the critical circumstances period and recalculated the antidumping duty
margin. Specifically, the Department calculated a margin of 67.06
percent ad valorem for Zhejiang's sales of honey from the PRC for the
period of May 11, 2001, to November 30, 2002.\11\
---------------------------------------------------------------------------
\9\ See Letter to All Interested Parties, dated December 31,
2015 (Draft Redetermination).
\10\ See Zhejiang Native Produce & Animal By-Products Import &
Export Corp. v. United States, Court No. 04-00268, dated February
10, 2016 (Final Redetermination).
\11\ See Final Redetermination at 29-30.
---------------------------------------------------------------------------
On June 1, 2017, the CIT sustained the Department's Final
Redetermination in its entirety.\12\
---------------------------------------------------------------------------
\12\ See Zhejiang Native Produce & Animal By-Products Import &
Export Corp. v. United States, Court No. 04-00268, dated June 1,
2017 (Zhejiang III).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\13\ as clarified by Diamond
Sawblades,\14\ the United States Court of Appeals for the Federal
Circuit (CAFC) held that, pursuant to sections 516A(c) and (e) of 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 June 1, 2017, judgment in Zhejiang III, sustaining the
Department's decision in the Final Redetermination to re-calculate the
dumping margin for Zhejiang from 67.70 percent to 67.06 percent,
constitutes a final decision of the court that is not in harmony with
the Amended Final Results. This notice is published in fulfillment of
the publication requirements of Timken. Accordingly, the Department
will issue liquidation instructions to U.S. Customs and Border
Protection (CBP) to liquidate entries of honey from the PRC exported to
or imported into the United States by Zhejiang at the rate of 67.06
percent ad valorem pending expiration of the period to appeal or, if
appealed, pending a final and conclusive court decision.
---------------------------------------------------------------------------
\13\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\14\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Second Amended Final Results
Because there is now a final court decision, the Department amends
the Amended Final Results with respect to the dumping margin of
Zhejiang. The revised weighted-average dumping margin for Zhejiang
during the period May 11, 2001, to November 30, 2002, is as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Zhejiang Native Produce & Animal By-Products Import & 67.06
Export Corp............................................
------------------------------------------------------------------------
In the event the Court's ruling is not appealed, or if appealed and
upheld by the CAFC, the Department will instruct CBP to assess
antidumping duties on entries of the subject merchandise exported by
Zhejiang using the revised assessment rate calculated by the Department
in the Final Redetermination.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: June 23, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-13791 Filed 6-29-17; 8:45 am]
BILLING CODE 3510-DS-P
