Aluminum Extrusions From the People's Republic of China: Notice of Second Amended Final Scope Ruling Pursuant to Court Decision, 32788-32789 [2017-15040]

Download as PDF 32788 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices Organizations also may self-nominate. A summary of the organization’s qualifications and the experience that qualifies it for membership should be included in the nomination letter. Nominated organizations must be able to actively participate in the tasks of the Census Scientific Advisory Committee, including, but not limited to, regular meeting attendance, review of materials, and participation in conference calls, webinars, working groups, and special committee activities. 5. The Department of Commerce is committed to equal opportunity in the workplace and seeks diverse Advisory Committee membership. Miscellaneous 1. Members of the Census Scientific Advisory Committee serve without compensation, but receive reimbursement for committee-related travel and lodging expenses. 2. The Census Scientific Advisory Committee meets once or twice a year, budget permitting. Additional meetings may be held as deemed necessary by the Census Director or Designated Federal Official. All Advisory Committee meetings are open to the public in accordance with the Federal Advisory Committee Act. sradovich on DSK3GMQ082PROD with NOTICES 4. Committee members are selected in accordance with applicable Department of Commerce guidelines. The Census Scientific Advisory Committee aims to have balanced representation, considering such factors as geography, technical, and scientific expertise. The Advisory Committee will include members from diverse backgrounds, including academia and private enterprise, which are further diversified by business type or industry, geography, and other factors. 5. No employee of the federal government can serve as a member of the Census Scientific Advisory Committee. Dated: July 11, 2017. Ron S. Jarmin, Performing the Non-Exclusive Functions and Duties of the Director, Bureau of the Census. Nomination Information 1. Nominations are requested as described above. 2. Nominees must have scientific and technical expertise in such areas as demography, economics, geography, psychology, statistics, survey methodology, social and behavioral sciences, Information Technology, computing, or marketing. Such knowledge and expertise are needed to provide advice and recommendations to the Director of the Census Bureau on the trends, uses, and application of scientific innovations and developments in relation to the full range of Census Bureau programs and activities. 3. Individuals, groups, and/or organizations may submit nominations on behalf of individual candidates. A summary of the candidate’s ´ qualifications (resume or curriculum vitae) must be included along with the nomination letter. Nominees must be able to actively participate in the tasks of the Census Scientific Advisory Committee, including, but not limited to, regular meeting attendance, committee meeting discussant responsibilities, review of materials, as well as participation in conference calls, webinars, working groups, and/or special committee activities. 4. Nominations of organizations may come from individuals or organizations. VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 [FR Doc. 2017–15014 Filed 7–17–17; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–967; C–570–968] Aluminum Extrusions From the People’s Republic of China: Notice of Second Amended Final Scope Ruling Pursuant to Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 28, 2017, the Court of Appeals for the Federal Circuit (Federal Circuit) reversed the Court of International Trade (CIT) and sustained the Department of Commerce’s (Department) original scope ruling in which it found that Meridian Products LLC’s (Meridian) refrigerator/freezer trim kits did not satisfy the finished goods kit exclusion under the antidumping (AD) and countervailing duty (CVD) orders covering aluminum extrusions from the People’s Republic of China (PRC). The Department is therefore issuing a second amended final scope ruling. DATES: Effective July 18, 2017. FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–3965. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 17, 2012, the Department issued its Final Scope Ruling on Refrigerator Trim Kits in which it determined that the PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 refrigerator/freezer trim kits imported by Meridian did not meet the scope exclusions for ‘‘finished merchandise’’ and ‘‘finished goods kits.’’ 1 In particular, the Department held that, because the trim kits at issue consisted of pieces of aluminum extrusions plus fasteners and extraneous materials, they did not meet either scope exclusion. Therefore, the Department found the products at issue to be within the scope of the Orders.2 As discussed in detail in the Third Remand Results,3 the CIT remanded the Final Scope Ruling on Refrigerator Trim Kits three times.4 In Meridian IV,5 the CIT held that the Department’s longstanding recognition of a ‘‘fasteners’’ exception to the ‘‘finished goods kit’’ exclusion in the scope was unreasonable, finding that ‘‘the inclusion of ‘fasteners’ or ‘extraneous materials’ is not determinative when qualifying a kit consistent of multiple parts which otherwise meets the exclusionary requirements, as a ‘finished goods kit.’ ’’ 6 Additionally, the CIT explained that there is nothing in the scope language that indicates that the parts of a finished goods kit cannot consist entirely of aluminum extrusions.7 The CIT explained that ‘‘to qualify as a ‘finished goods kit’, a kit must contain every part required to assemble the final finished good, and it logically follows that if a kit is imported with all of the parts necessary to fully assemble the kit into its final finished form, then obviously (and necessarily) some of those ‘parts’ may be fasteners.’’ 8 1 The finished goods kit exclusion states: ‘‘A finished goods kits is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good and requires no further finishing or fabrication, such as cutting or punching, and is assembled ‘as is’ into a finished product.’’ The scope further states that, ‘‘{a}n imported product will not be considered a ‘finished goods kit’’ and therefore excluded from the scope of the investigation merely by including fasteners such as screws, bolts, etc. in the packaging with an aluminum extrusion product.’’ 2 See Memorandum, ‘‘Final Scope Ruling on Certain Refrigerator/Freezer Trim Kits, dated December 17, 2012 (Final Scope Ruling on Refrigerator Trim Kits) at 11. See also 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) (Orders). 3 See Final Results of Redetermination Pursuant to Court Remand, Meridian Products, LLC v. United States, Court No. 13–00018, Slip. Op. 15–67 (Oct. 29, 2015) (Third Remand Results). 4 See Third Remand Results at 6–10. 5 See Meridian Products, LLC v. United States, Court No. 13–00018, Slip. Op. 15–67 (Oct. 29, 2015) (Meridian IV). 6 See Meridian IV, Slip Op. 15–67 at 12–13. 7 Id. 8 Id., at 14 (emphasis omitted). E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices In the Third Remand Results, the Department found, in accordance with the Court’s instructions in Meridian IV, under respectful protest, that Meridian’s trim kits are excluded from the scope of the Orders as finished goods kits because at the time of importation, the kits contained all the parts necessary to assemble a final finished good—a complete trim kit.9 In Meridian V,10 the Court sustained the Third Remand Results in its entirety.11 Subsequently, the Department published a First Amended Final Scope Ruling in which the Department found that Meridian’s refrigerator/freezer trim kits are not covered by the scope of the Orders.12 Consistent with the decision of the Federal Circuit in Timken,13 as clarified by Diamond Sawblades,14 the First Amended Final Scope Ruling additionally provided notice to the public of the CIT’s final judgment in Meridian V not in harmony with the Department’s Final Scope Ruling on Refrigerator Trim Kits and of the continuation of the suspension of liquidation of the trim kits at issue pending a final and conclusive court decision, if appealed.15 On March 28, 2017, the Federal Circuit reversed the CIT and sustained the Department’s original scope ruling in which it found that Meridian’s refrigerator/freezer trim kits did not satisfy the finished goods kit exclusion under the Orders. In Meridian VI,16 the Federal Circuit found that the plain language of the exclusion language, when appropriately read as a whole, supported the Department’s interpretation. The Federal Circuit further held that the Department’s prior scope rulings, one of the 19 CFR 351.225(k)(1) sources, further supported the Department’s interpretation. Finally, the Federal Circuit looked to other aspects of the scope language, including the similar finished merchandise exclusion, which supported the division of products into two categories: (1) 9 See Third Remand Results at 14. Meridian LLC v. United States, Court No. 13–00018, Slip Op. 16–5 (CIT January 20, 2016) (Meridian V). 11 See Meridian V, Slip Op. 16–5 at 4. 12 See 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, 81 FR 7749 (February 16, 2016) (First Amended Final Scope Ruling). 13 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 14 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 15 See First Amended Final Scope Ruling, 81 FR at 7749–7750. 16 See Meridian Prods., LLC v. United States, 851 F.3d 1375 (Fed. Cir. Mar. 28, 2017) (Meridian VI). sradovich on DSK3GMQ082PROD with NOTICES 10 See VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 Products which contained only aluminum extrusions and fasteners (not excluded); and (C2) products which incorporated non-aluminum extrusion components beyond fasteners (excluded).17 Second Amended Final Scope Ruling Because there is now a final and conclusive court decision which reinstates the Department’s original scope ruling, we are amending the First Amended Final Scope Ruling with respect to Meridian’s refrigerator/freezer trim kits. Based on the Federal Circuit’s holding in Meridian VI, Meridian’s refrigerator/freezer trim kits are subject to the Orders. Accordingly, the Department will instruct Customs and Border Protection to continue to suspend liquidation of Meridian’s refrigerator/freezer trim kits until appropriate liquidation instructions are sent. As of the date of publication of this notice in the Federal Register, the cash deposit rate for entries of Meridian’s refrigerator/freezer trim kits entries will be the applicable cash deposit rate of the exporters of the merchandise from the PRC to the United States. This notice is issued and published in accordance with sections 516A(c)(1) and (e)(1) of the Tariff Act of 1930, as amended. Dated: July 11, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–15040 Filed 7–17–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF536 Marine Mammals; File No. 21018 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Brent Stewart, Ph.D., Hubbs-SeaWorld Research Institute, 2595 Ingraham Street, San Diego, CA 92109 has applied in due form for a permit to conduct research on pinnipeds in California. SUMMARY: PO 00000 17 Id., at 1383–85. Frm 00005 Fmt 4703 Sfmt 4703 32789 Written, telefaxed, or email comments must be received on or before August 17, 2017. 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. 21018 from the list of available applications. These documents are 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. 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: Sara Young or Carrie Hubard, (301) 427– 8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant requests a five-year permit to study three species of pinnipeds in California. The objectives of the research are to continue long-term research on the comparative ecology, demography, community ecology, foraging patterns, pathology and phenology of California pinnipeds and to further characterize the resource and habitats used by each species, including patterns of spatial and temporal similarities and differences California sea lions (Zalophus californianus), northern elephant seals (Mirounga angustirostris), and harbor seals (Phoca vitulina) would be captured and sampled at several sites including San Nicolas Island, San Miguel Island, Santa Rosa Island, Santa Cruz Island, Piedras Blancas, Cape San Martin, and Gorda. Some animals would only receive a flipper tag or a dye mark. Other animals DATES: E:\FR\FM\18JYN1.SGM 18JYN1

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[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32788-32789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15040]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967; C-570-968]


Aluminum Extrusions From the People's Republic of China: Notice 
of Second Amended Final Scope Ruling Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 28, 2017, the Court of Appeals for the Federal 
Circuit (Federal Circuit) reversed the Court of International Trade 
(CIT) and sustained the Department of Commerce's (Department) original 
scope ruling in which it found that Meridian Products LLC's (Meridian) 
refrigerator/freezer trim kits did not satisfy the finished goods kit 
exclusion under the antidumping (AD) and countervailing duty (CVD) 
orders covering aluminum extrusions from the People's Republic of China 
(PRC). The Department is therefore issuing a second amended final scope 
ruling.

DATES: Effective July 18, 2017.

FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, 
Office III, Enforcement and Compliance, U.S. Department of Commerce, 
1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-
3965.

SUPPLEMENTARY INFORMATION: 

Background

    On December 17, 2012, the Department issued its Final Scope Ruling 
on Refrigerator Trim Kits in which it determined that the refrigerator/
freezer trim kits imported by Meridian did not meet the scope 
exclusions for ``finished merchandise'' and ``finished goods kits.'' 
\1\ In particular, the Department held that, because the trim kits at 
issue consisted of pieces of aluminum extrusions plus fasteners and 
extraneous materials, they did not meet either scope exclusion. 
Therefore, the Department found the products at issue to be within the 
scope of the Orders.\2\
---------------------------------------------------------------------------

    \1\ The finished goods kit exclusion states: ``A finished goods 
kits is understood to mean a packaged combination of parts that 
contains, at the time of importation, all of the necessary parts to 
fully assemble a final finished good and requires no further 
finishing or fabrication, such as cutting or punching, and is 
assembled `as is' into a finished product.'' The scope further 
states that, ``{a{time} n imported product will not be considered a 
`finished goods kit'' and therefore excluded from the scope of the 
investigation merely by including fasteners such as screws, bolts, 
etc. in the packaging with an aluminum extrusion product.''
    \2\ See Memorandum, ``Final Scope Ruling on Certain 
Refrigerator/Freezer Trim Kits, dated December 17, 2012 (Final Scope 
Ruling on Refrigerator Trim Kits) at 11. See also 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) (Orders).
---------------------------------------------------------------------------

    As discussed in detail in the Third Remand Results,\3\ the CIT 
remanded the Final Scope Ruling on Refrigerator Trim Kits three 
times.\4\ In Meridian IV,\5\ the CIT held that the Department's long-
standing recognition of a ``fasteners'' exception to the ``finished 
goods kit'' exclusion in the scope was unreasonable, finding that ``the 
inclusion of `fasteners' or `extraneous materials' is not determinative 
when qualifying a kit consistent of multiple parts which otherwise 
meets the exclusionary requirements, as a `finished goods kit.' '' \6\ 
Additionally, the CIT explained that there is nothing in the scope 
language that indicates that the parts of a finished goods kit cannot 
consist entirely of aluminum extrusions.\7\ The CIT explained that ``to 
qualify as a `finished goods kit', a kit must contain every part 
required to assemble the final finished good, and it logically follows 
that if a kit is imported with all of the parts necessary to fully 
assemble the kit into its final finished form, then obviously (and 
necessarily) some of those `parts' may be fasteners.'' \8\
---------------------------------------------------------------------------

    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Meridian Products, LLC v. United States, Court No. 13-00018, 
Slip. Op. 15-67 (Oct. 29, 2015) (Third Remand Results).
    \4\ See Third Remand Results at 6-10.
    \5\ See Meridian Products, LLC v. United States, Court No. 13-
00018, Slip. Op. 15-67 (Oct. 29, 2015) (Meridian IV).
    \6\ See Meridian IV, Slip Op. 15-67 at 12-13.
    \7\ Id.
    \8\ Id., at 14 (emphasis omitted).

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[[Page 32789]]

    In the Third Remand Results, the Department found, in accordance 
with the Court's instructions in Meridian IV, under respectful protest, 
that Meridian's trim kits are excluded from the scope of the Orders as 
finished goods kits because at the time of importation, the kits 
contained all the parts necessary to assemble a final finished good--a 
complete trim kit.\9\ In Meridian V,\10\ the Court sustained the Third 
Remand Results in its entirety.\11\ Subsequently, the Department 
published a First Amended Final Scope Ruling in which the Department 
found that Meridian's refrigerator/freezer trim kits are not covered by 
the scope of the Orders.\12\ Consistent with the decision of the 
Federal Circuit in Timken,\13\ as clarified by Diamond Sawblades,\14\ 
the First Amended Final Scope Ruling additionally provided notice to 
the public of the CIT's final judgment in Meridian V not in harmony 
with the Department's Final Scope Ruling on Refrigerator Trim Kits and 
of the continuation of the suspension of liquidation of the trim kits 
at issue pending a final and conclusive court decision, if 
appealed.\15\
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    \9\ See Third Remand Results at 14.
    \10\ See Meridian LLC v. United States, Court No. 13-00018, Slip 
Op. 16-5 (CIT January 20, 2016) (Meridian V).
    \11\ See Meridian V, Slip Op. 16-5 at 4.
    \12\ See 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, 81 FR 7749 (February 16, 2016) (First Amended Final Scope 
Ruling).
    \13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \14\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \15\ See First Amended Final Scope Ruling, 81 FR at 7749-7750.
---------------------------------------------------------------------------

    On March 28, 2017, the Federal Circuit reversed the CIT and 
sustained the Department's original scope ruling in which it found that 
Meridian's refrigerator/freezer trim kits did not satisfy the finished 
goods kit exclusion under the Orders. In Meridian VI,\16\ the Federal 
Circuit found that the plain language of the exclusion language, when 
appropriately read as a whole, supported the Department's 
interpretation. The Federal Circuit further held that the Department's 
prior scope rulings, one of the 19 CFR 351.225(k)(1) sources, further 
supported the Department's interpretation. Finally, the Federal Circuit 
looked to other aspects of the scope language, including the similar 
finished merchandise exclusion, which supported the division of 
products into two categories: (1) Products which contained only 
aluminum extrusions and fasteners (not excluded); and (C2) products 
which incorporated non-aluminum extrusion components beyond fasteners 
(excluded).\17\
---------------------------------------------------------------------------

    \16\ See Meridian Prods., LLC v. United States, 851 F.3d 1375 
(Fed. Cir. Mar. 28, 2017) (Meridian VI).
    \17\ Id., at 1383-85.
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Second Amended Final Scope Ruling

    Because there is now a final and conclusive court decision which 
reinstates the Department's original scope ruling, we are amending the 
First Amended Final Scope Ruling with respect to Meridian's 
refrigerator/freezer trim kits. Based on the Federal Circuit's holding 
in Meridian VI, Meridian's refrigerator/freezer trim kits are subject 
to the Orders.
    Accordingly, the Department will instruct Customs and Border 
Protection to continue to suspend liquidation of Meridian's 
refrigerator/freezer trim kits until appropriate liquidation 
instructions are sent. As of the date of publication of this notice in 
the Federal Register, the cash deposit rate for entries of Meridian's 
refrigerator/freezer trim kits entries will be the applicable cash 
deposit rate of the exporters of the merchandise from the PRC to the 
United States.
    This notice is issued and published in accordance with sections 
516A(c)(1) and (e)(1) of the Tariff Act of 1930, as amended.

    Dated: July 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-15040 Filed 7-17-17; 8:45 am]
 BILLING CODE 3510-DS-P