Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision, 43522-43523 [2017-19771]
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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
Recommendation
[FR Doc. 2017–19912 Filed 9–15–17; 4:15 pm]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
of Administrative Review Pursuant to
Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2017, the
United States Court of International
Trade (CIT) issued its final judgment
sustaining the Department of
Commerce’s (the Department) final
results of remand redetermination
pursuant to court order. The Department
is notifying the public that the final
judgment in this case is not in harmony
with the Department’s final results in
the second administrative review of the
antidumping duty order on multilayered
wood flooring from the People’s
Republic of China (PRC), and that the
Department is amending its
determination with respect to Linyi
Bonn Flooring Manufacturing Co., Ltd.
(Linyi Bonn).
DATES: Applicable September 4, 2017.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement and
Compliance—International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–3147.
SUPPLEMENTARY INFORMATION:
AGENCY:
sradovich on DSKBBY8HB2PROD with NOTICES
Background
Linyi Bonn was reviewed in a new
shipper review (NSR) of the
antidumping duty order on multilayered
wood flooring from the PRC, covering
the period of review from December 1,
2012 through May 31, 2013.1 In the
Final Results of NSR, the Department
calculated a weighted-average dumping
margin for Linyi Bonn of zero percent,
also finding that Linyi Bonn had
1 See Multilayered Wood Flooring From the
People’s Republic of China: Final Results of
Antidumping Duty New Shipper Reviews 2012–
2013, 79 FR 66355 (November 7, 2014) (Final
Results of NSR).
VerDate Sep<11>2014
16:54 Sep 15, 2017
Jkt 241001
demonstrated its entitlement to a
separate rate.2
Linyi Bonn was also subsequently a
respondent in an administrative review
that partially overlapped the period of
review for the NSR, in that it covered
the period of review December 1, 2012
through November 30, 2013. On July 15,
2016, the Department published the
Final Results in the administrative
review, in which it found that Linyi
Bonn was part of the PRC-wide entity,
because Linyi Bonn failed to submit
either a timely certification of no sales,
a separate rate certification, or a
separate rate application.3
On April 21, 2017, the CIT remanded
the Final Results, finding the
Department’s determination to assign
Linyi Bonn the PRC-wide rate of 58.84
percent was contrary to law. The CIT
held that the Department’s Initiation
Notice 4 failed to provide notice to Linyi
Bonn of the need to file a ‘‘partial’’ no
shipments certification for only a
portion of the review. The CIT
remanded for the Department to
‘‘correct the problem created by its
failure to provide notice.’’ 5 In
particular, the CIT ordered the
Department to afford Linyi Bonn ‘‘the
opportunity it would have had if the
Department’s failure to provide notice
had not occurred.’’ 6
On June 19, 2017, the Department
issued its Remand Results, in which the
Department determined that Linyi Bonn
did not have shipments during the
period of review other than those
already reviewed in the Final Results of
NSR.7
On August 25, 2017, the CIT issued its
decision sustaining the Department’s
Remand Results.8
2 Id.
at 66356.
Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Results of New Shipper Review; 2012–2013,
80 FR 41476 (July 15, 2015), as corrected by
Multilayered Wood Flooring from the People’s
Republic of China, 80 FR 49,986 (Dep’t of
Commerce Aug. 18, 2015) (correction to final
admin. review), and Multilayered Wood Flooring
from the People’s Republic of China, 80 FR 52,447
(Dep’t of Commerce Aug. 31, 2015) (correction to
final admin. review) (collectively, Final Results).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 6147
(February 3, 2014) (Initiation Notice).
5 See Linyi Bonn Flooring Manufacturing Co., Ltd.
v. United States, Court No. 15–00227, Slip Op. 17–
46, at 28.
6 Id.
7 See Final Results of Redetermination Pursuant
to Court Order (June 19, 2017) (Remand Results).
8 See Linyi Bonn Flooring Manufacturing Co., Ltd.
v. United States, Court No. 15–00227, Slip Op. 17–
113.
3 See
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Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the Court of
Appeals for 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
August 25, 2017, judgment constitutes a
final decision of that court that is not in
harmony with the Department’s Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal, or if appealed,
pending a final and conclusive court
decision.
Amended Final Results
Because there is now a final court
decision with respect to this case, the
Department is amending its Final
Results with respect Linyi Bonn. Based
on the Remand Results, we no longer
find that Linyi Bonn is part of the PRCwide entity. Instead, we have found that
Linyi Bonn had no reviewable
shipments during the period of review
that were not otherwise covered in the
overlapping period of review for the
partially concurrent NSR.
In the event that the CIT’s ruling is
not appealed or, if appealed, is upheld
by a final and conclusive court decision,
the Department will issue appropriate
instructions to U.S. Customs and Border
Protection to give effect to the finding of
no shipments during the period June 1,
2013, through November 30, 2013, and
to ensure that any entries of subject
merchandise that were produced and
exported by Linyi Bonn during the
period December 1, 2012, through May
31, 2013, are liquidated in accordance
with the Final Results of NSR.
Cash Deposit Requirements
Because there has been a subsequent
administrative review for Linyi Bonn,
the cash deposit rate for Linyi Bonn will
remain the rate established in the most
recently-completed administrative
review, which is zero percent.11
9 See Timken Co. v. United States, 893 F.2d. 337
(Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d. 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
11 See Multilayered Wood Flooring From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Final Partial
E:\FR\FM\18SEN1.SGM
18SEN1
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
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: September 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties for the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–19771 Filed 9–15–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Upcoming 2018 International Trade
Administration Aerospace Industry
Trade Mission to Singapore
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
The United States Department
of Commerce, International Trade
Administration (ITA) is announcing an
additional upcoming trade mission that
will be recruited, organized, and
implemented by ITA. The mission is:
• Aerospace Executive Service Trade
Mission to the Singapore Airshow—
February 5–9, 2018.
A summary of the mission is found
below. Application information and
more detailed mission information,
including the commercial setting and
sector information, can be found at the
trade mission Web site: https://
export.gov/trademissions.
For each mission, recruitment will be
conducted in an open and public
manner, including publication in the
Federal Register, posting on the
Commerce Department trade mission
calendar (https://export.gov/
trademissions) and other Internet Web
sites, press releases to general and trade
media, direct mail, broadcast fax,
notices by industry trade associations
and other multiplier groups, and
publicity at industry meetings,
symposia, conferences, and trade shows.
SUMMARY:
sradovich on DSKBBY8HB2PROD with NOTICES
The Following Conditions for
Participation Will Be Used for Each
Mission
Applicants must submit a completed
and signed mission application and
supplemental application materials,
including adequate information on their
products and/or services, primary
Rescission of Antidumping Duty Administrative
Review; 2014–2015, 82 FR 25766 (June 5, 2017).
VerDate Sep<11>2014
16:54 Sep 15, 2017
Jkt 241001
market objectives, and goals for
participation. If the Department of
Commerce receives an incomplete
application, the Department may either:
Reject the application, request
additional information/clarification, or
take the lack of information into account
when evaluating the application. If the
requisite minimum number of
participants is not selected for a
particular mission by the recruitment
deadline, the mission may be cancelled.
Each applicant must also certify that
the products and services it seeks to
export through the mission are either
produced in the United States, or, if not,
are marketed under the name of a U.S.
firm and have at least fifty-one percent
U.S. content by value. In the case of a
trade association or organization, the
applicant must certify that, for each firm
or service provider to be represented by
the association/organization, the
products and/or services the
represented firm or service provider
seeks to export are either produced in
the United States or, if not, marketed
under the name of a U.S. firm and have
at least 51% U.S. content.
A trade association/organization
applicant must certify to the above for
all of the companies it seeks to represent
on the mission.
In addition, each applicant must:
• Certify that the products and
services that it wishes to market through
the mission would be in compliance
with U.S. export controls and
regulations;
• Certify that it has identified any
matter pending before any bureau or
office in the Department of Commerce;
• Certify that it has identified any
pending litigation (including any
administrative proceedings) to which it
is a party that involves the Department
of Commerce; and
• Sign and submit an agreement that
it and its affiliates (1) have not and will
not engage in the bribery of foreign
officials in connection with a
company’s/participant’s involvement in
this mission, and (2) maintain and
enforce a policy that prohibits the
bribery of foreign officials.
In the case of a trade association/
organization, the applicant must certify
that each firm or service provider to be
represented by the association/
organization can make the above
certifications.
The Following Selection Criteria Will
Be Used for Each Mission
Targeted mission participants are U.S.
firms, services providers and trade
associations/organizations providing or
promoting U.S. products and services
that have an interest in entering or
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43523
expanding their business in the
mission’s destination country. The
following criteria will be evaluated in
selecting participants:
• Suitability of the applicant’s (or in
the case of a trade association/
organization, represented firm or service
provider’s) products or services to these
markets;
• The applicant’s (or in the case of a
trade association/organization,
represented firm or service provider’s)
past, present, and prospective business
activity in relation to the Mission’s
target market(s) and sector(s);
• The applicant’s (or in the case of a
trade association/organization,
represented firm or service provider’s)
potential for business in the markets,
including likelihood of exports resulting
from the mission; and
• Consistency of the applicant’s (or in
the case of a trade association/
organization, represented firm or service
provider’s) goals and objectives with the
stated scope of the mission.
Referrals from a political party or
partisan political group or any
information, including on the
application, containing references to
political contributions or other partisan
political activities will be excluded from
the application and will not be
considered during the selection process.
The sender will be notified of these
exclusions.
Trade Mission Participation Fees
If and when an applicant is selected
to participate on a particular mission, a
payment to the Department of
Commerce in the amount of the
designated participation fee below is
required. Upon notification of
acceptance to participate, those selected
have 5 business days to submit payment
or the acceptance may be revoked.
Participants selected for a trade
mission will be expected to pay for the
cost of personal expenses, including,
but not limited to, international travel,
lodging, meals, transportation,
communication, and incidentals, unless
otherwise noted. Participants will,
however, be able to take advantage of
U.S. Government rates for hotel rooms.
In the event that a mission is cancelled,
no personal expenses paid in
anticipation of a mission will be
reimbursed. However, participation fees
for a cancelled mission will be
reimbursed to the extent they have not
already been expended in anticipation
of the mission.
If a visa is required to travel on a
particular mission, applying for and
obtaining such visas will be the
responsibility of the mission
participant. Government fees and
E:\FR\FM\18SEN1.SGM
18SEN1
]]>Agencies
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43522-43523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19771]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Notice of Court Decision Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results of
Administrative Review Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2017, the United States Court of International
Trade (CIT) issued its final judgment sustaining the Department of
Commerce's (the Department) final results of remand redetermination
pursuant to court order. The Department is notifying the public that
the final judgment in this case is not in harmony with the Department's
final results in the second administrative review of the antidumping
duty order on multilayered wood flooring from the People's Republic of
China (PRC), and that the Department is amending its determination with
respect to Linyi Bonn Flooring Manufacturing Co., Ltd. (Linyi Bonn).
DATES: Applicable September 4, 2017.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement and Compliance--International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3147.
SUPPLEMENTARY INFORMATION:
Background
Linyi Bonn was reviewed in a new shipper review (NSR) of the
antidumping duty order on multilayered wood flooring from the PRC,
covering the period of review from December 1, 2012 through May 31,
2013.\1\ In the Final Results of NSR, the Department calculated a
weighted-average dumping margin for Linyi Bonn of zero percent, also
finding that Linyi Bonn had demonstrated its entitlement to a separate
rate.\2\
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring From the People's Republic of
China: Final Results of Antidumping Duty New Shipper Reviews 2012-
2013, 79 FR 66355 (November 7, 2014) (Final Results of NSR).
\2\ Id. at 66356.
---------------------------------------------------------------------------
Linyi Bonn was also subsequently a respondent in an administrative
review that partially overlapped the period of review for the NSR, in
that it covered the period of review December 1, 2012 through November
30, 2013. On July 15, 2016, the Department published the Final Results
in the administrative review, in which it found that Linyi Bonn was
part of the PRC-wide entity, because Linyi Bonn failed to submit either
a timely certification of no sales, a separate rate certification, or a
separate rate application.\3\
---------------------------------------------------------------------------
\3\ See Multilayered Wood Flooring from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Final Results of New Shipper Review; 2012-2013, 80 FR 41476 (July
15, 2015), as corrected by Multilayered Wood Flooring from the
People's Republic of China, 80 FR 49,986 (Dep't of Commerce Aug. 18,
2015) (correction to final admin. review), and Multilayered Wood
Flooring from the People's Republic of China, 80 FR 52,447 (Dep't of
Commerce Aug. 31, 2015) (correction to final admin. review)
(collectively, Final Results).
---------------------------------------------------------------------------
On April 21, 2017, the CIT remanded the Final Results, finding the
Department's determination to assign Linyi Bonn the PRC-wide rate of
58.84 percent was contrary to law. The CIT held that the Department's
Initiation Notice \4\ failed to provide notice to Linyi Bonn of the
need to file a ``partial'' no shipments certification for only a
portion of the review. The CIT remanded for the Department to ``correct
the problem created by its failure to provide notice.'' \5\ In
particular, the CIT ordered the Department to afford Linyi Bonn ``the
opportunity it would have had if the Department's failure to provide
notice had not occurred.'' \6\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
6147 (February 3, 2014) (Initiation Notice).
\5\ See Linyi Bonn Flooring Manufacturing Co., Ltd. v. United
States, Court No. 15-00227, Slip Op. 17-46, at 28.
\6\ Id.
---------------------------------------------------------------------------
On June 19, 2017, the Department issued its Remand Results, in
which the Department determined that Linyi Bonn did not have shipments
during the period of review other than those already reviewed in the
Final Results of NSR.\7\
---------------------------------------------------------------------------
\7\ See Final Results of Redetermination Pursuant to Court Order
(June 19, 2017) (Remand Results).
---------------------------------------------------------------------------
On August 25, 2017, the CIT issued its decision sustaining the
Department's Remand Results.\8\
---------------------------------------------------------------------------
\8\ See Linyi Bonn Flooring Manufacturing Co., Ltd. v. United
States, Court No. 15-00227, Slip Op. 17-113.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the Court of Appeals for 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 August 25, 2017, judgment constitutes a final decision of that
court that is not in harmony with the Department's Final Results. This
notice is published in fulfillment of the publication requirements of
Timken. Accordingly, the Department will continue the suspension of
liquidation of the subject merchandise pending the expiration of the
period of appeal, or if appealed, pending a final and conclusive court
decision.
---------------------------------------------------------------------------
\9\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision with respect to this
case, the Department is amending its Final Results with respect Linyi
Bonn. Based on the Remand Results, we no longer find that Linyi Bonn is
part of the PRC-wide entity. Instead, we have found that Linyi Bonn had
no reviewable shipments during the period of review that were not
otherwise covered in the overlapping period of review for the partially
concurrent NSR.
In the event that the CIT's ruling is not appealed or, if appealed,
is upheld by a final and conclusive court decision, the Department will
issue appropriate instructions to U.S. Customs and Border Protection to
give effect to the finding of no shipments during the period June 1,
2013, through November 30, 2013, and to ensure that any entries of
subject merchandise that were produced and exported by Linyi Bonn
during the period December 1, 2012, through May 31, 2013, are
liquidated in accordance with the Final Results of NSR.
Cash Deposit Requirements
Because there has been a subsequent administrative review for Linyi
Bonn, the cash deposit rate for Linyi Bonn will remain the rate
established in the most recently-completed administrative review, which
is zero percent.\11\
---------------------------------------------------------------------------
\11\ See Multilayered Wood Flooring From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Final Partial Rescission of
Antidumping Duty Administrative Review; 2014-2015, 82 FR 25766 (June
5, 2017).
---------------------------------------------------------------------------
[[Page 43523]]
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: September 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties for the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-19771 Filed 9-15-17; 8:45 am]
BILLING CODE 3510-DS-P
