Fresh Garlic 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, 57714-57715 [2017-26384]

Download as PDF 57714 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES and the origin of the imported cores and segments being joined into finished diamond sawblades. Failure to respond completely to the Department’s requests for information may result in the application of partial or total facts available pursuant to section 776(a) of the Act, which may include adverse inferences pursuant to section 776(b) of the Act. Based on these allegations, we are initiating an anti-circumvention inquiry concerning the antidumping duty order on diamond sawblades from the PRC, pursuant to section 781(b) of the Act and 19 CFR 351.225(h), with respect to such merchandise from Thailand as described above. Because we are initiating this anti-circumvention inquiry, we are not initiating a changed circumstances review. While we believe sufficient factual information has been submitted by the petitioner to support the initiation of an anti-circumvention inquiry, we do not find that the record supports the simultaneous issuance of a preliminary ruling. An anti-circumvention inquiry is typically complicated by its nature and can require information regarding production in both the country subject to the order and the third country in which the production of finished merchandise is completed. As we explained above, the Department intends to request additional information regarding the statutory criteria to determine whether shipments of finished diamond sawblades from Thailand are circumventing the antidumping duty order on diamond sawblades from the PRC. Thus, with further development of the record required before a preliminary ruling can be issued, the Department does not find it appropriate to issue a preliminary ruling at this time. Notification to Interested Parties In accordance with 19 CFR 351.225(e), the Department finds that the issue of whether a product is included within the scope of an order cannot be determined based solely upon the application and the descriptions of the merchandise. Accordingly, the Department will notify by mail all parties on the Department’s scope service list of the initiation of this anticircumvention inquiry. In addition, in accordance with 19 CFR 351.225(f)(1)(i) and (ii), in this notice of initiation issued under 19 CFR 351.225(e), we have included a description of the product that is the subject of this anticircumvention inquiry (i.e., diamond sawblades finished in Thailand by the joining of cores and segments from the PRC) and an explanation of the reasons VerDate Sep<11>2014 18:50 Dec 06, 2017 Jkt 244001 for the Department’s decision to initiate an anti-circumvention inquiry, as provided above. In accordance with 19 CFR 351.225(l)(2), if the Department issues a preliminary affirmative determination, we will then instruct CBP to suspend liquidation and require a cash deposit of estimated antidumping duties at the applicable rate for each unliquidated entry of the merchandise at issue, entered or withdrawn from warehouse for consumption on or after the date of initiation of the inquiry. The Department will establish a schedule for questionnaires and comments on the issues. In accordance with section 781(f) of the Act and 19 CFR 351.225(f)(5), the Department intends to issue its final determination within 300 days of the date of publication of this initiation. This notice is published in accordance with section 781(b) of the Act and 19 CFR 351.225(h). Dated: December 1, 2017. Gary Taverman, Deputy Assistant Secretaryfor Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–26398 Filed 12–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic 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 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 19, 2017, the United States Court of International Trade (the CIT) entered final judgment sustaining the Department of Commerce’s (the Department) second remand results pertaining to 18th administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) for Hebei Golden Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda Industrial Co., Ltd. (Xinboda). The Department is notifying the public that the final judgment in this case is not in harmony with the final results and partial rescission of the 18th antidumping duty administrative review and that the Department has amended the dumping margins found for Xinboda and Golden Bird. AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 DATES: Applicable September 29, 2017. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5484. SUPPLEMENTARY INFORMATION: Background On June 30, 2014, the Department published the Final Results pertaining to mandatory respondents Golden Bird and Xinboda, along with other exporters.1 In the Final Results, the Department selected the Philippines as the primary surrogate country and relied on total adverse facts available (AFA) with respect to Golden Bird and found that the company was part of the PRCwide entity.2 The Department calculated a rate of $1.82 per kilogram for Xinboda. On November 30, 2015, the CIT remanded for the Department to: (1) Consider evidence on the record concerning Golden Bird’s independence from government control to determine whether the company is entitled to separate rate status based solely on that evidence, and if so, to determine an appropriate dumping margin specific to Golden Bird, taking into consideration the Department’s sustained determination to select total AFA and applying the law extant at the time of the Final Results; (2) reconsider its surrogate country selection in the light of the Court’s ruling concerning its interpretation of ‘‘significant producer.’’ 3 On February 29, 2016, the Department filed the Final Remand Results.4 In accordance with the Final Remand Results, the Department found, under protest, that Golden Bird is not part of the PRC wide entity and assigned a new separate AFA rate of $2.24 per kilogram, which represented Xinboda’s highest transaction-specific margin from the instant administrative review.5 The Department continued to find that the Philippines was a significant producer, taking into account the ‘‘comparative’’ 1 See Fresh Garlic from the People’s Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011–2012, 79 FR 36721 (June 30, 2014) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See IDM. 3 See Fresh Garlic Producers Association v. United States, 121 F. Supp. 3d 1313 (CIT 2015). 4 See Memorandum to The File, ‘‘Final Results of Redetermination Pursuant to Remand: Fresh Garlic from the People’s Republic of China,’’ (February 29, 2016) (Final Remand Results). 5 Id. at 6. E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices analysis required by the Court and the specific facts of this case.6 On July 7, 2016, the CIT again remanded the Department’s selection of the Philippines as a surrogate country.7 Per the Court’s instructions, the Department reconsidered its surrogate country selection and, under protest, selected Ukraine as the primary surrogate country.8 The calculations performed with the new surrogate values resulted in a weighted-average dumping margin of $2.19 per kilogram for Xinboda. Since the Department recalculated a margin for Xinboda with a new surrogate country and new surrogate values, we updated Golden Bird’s separate AFA rate to reflect Xinboda’s highest-transaction specific margin using the new surrogate values. Accordingly, Golden Bird was assigned an updated AFA rate of $2.76 per kilogram. On September 19, 2017, the CIT sustained the Department’s Second Remand Results with respect to the eighteenth administrative review of the AD order on fresh garlic from China.9 Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 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 September 19, 2017, final judgment sustaining the Second Remand Results constitutes a final decision of the Court that is not in harmony with the Department’s Final Results.12 This notice is published in fulfillment of the Timken publication requirements. 6 Id. at 6–11. Fresh Garlic Producers Association v. United States, 180 F. Supp. 3d 1233 (CIT 2016). 8 See Memorandum to The File, ‘‘Final Results of Redetermination Pursuant to Remand: Fresh Garlic from the People’s Republic of China, Fresh Garlic Producers Association, et al., v. United States, U.S. Court of International Trade, Consol. Ct. No. 14– 00180, Slip Op. 16–68,’’ (January 10, 2017) (Second Remand Results). 9 See Fresh Garlic Producers Association v. United States, CIT Slip Op. 17–127, Consol. Ct. No. 14–00180 (September 19, 2017) (Slip Op. 17–127). 10 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 11 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 12 See Final Results. sradovich on DSK3GMQ082PROD with NOTICES 7 See VerDate Sep<11>2014 18:50 Dec 06, 2017 Jkt 244001 Results with respect to the dumping margins calculated for Xinboda and Golden Bird. Based on the Second Remand Results, as affirmed by the CIT, the revised dumping margin for Xinboda, from November 1, 2011, through October 31, 2012, is $2.19 per kilogram. The separate AFA rate for Golden Bird from November 1, 2011, through October 31, 2012, is $2.76 per kilogram. Because the CIT’s ruling was not appealed, it represents a final and conclusive court decision, and accordingly the Department will instruct Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margins summarized above. (NSSMC). The period of review (POR) is May 1, 2015, through April 30, 2016. As a result of our analysis of the comments and information received, these final results differ from the preliminary results of review. For the final weightedaverage dumping margin, see the ‘‘Final Results of Review’’ section, below. Further, we continue to find that NSSMC had no reviewable shipments of subject merchandise during the POR. DATES: Applicable December 7, 2017. FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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) 482–9179. SUPPLEMENTARY INFORMATION: Cash Deposit Requirements The Department will not update the cash deposit requirements for Golden Bird and Xinboda as they each have later-determined rates from subsequent administrative reviews. Background On June 6, 2017, the Department published the Preliminary Results.1 A summary of the events that occurred since the Department published these results, as well as a full discussion of the issues raised by parties for these final results, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 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: December 4, 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. 2017–26384 Filed 12–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–869] Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2015–2016 Amended Final Results Because there is now a final court decision, we are amending the Final 57715 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 6, 2017, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on diffusionannealed, nickel-plated flat-rolled steel products (nickel-plated, flat-rolled steel) from Japan. The review covers two producers/exporters of the subject merchandise, Toyo Kohan Co., Ltd (Toyo Kohan) and Nippon Steel & Sumitomo Metals Corporation AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Scope of the Order The diffusion-annealed, nickel-plated flat-rolled steel products included in this order are flat-rolled, cold-reduced steel products, regardless of chemistry; whether or not in coils; either plated or coated with nickel or nickel-based alloys and subsequently annealed (i.e., ‘‘diffusion-annealed’’); whether or not painted, varnished or coated with plastics or other metallic or nonmetallic substances; and less than or equal to 2.0 mm in nominal thickness. For purposes of this order, ‘‘nickel-based alloys’’ include all nickel alloys with other metals in which nickel accounts for at least 80 percent of the alloy by volume. Imports of merchandise included in the scope of this order are classified primarily under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also be classified under HTSUS subheadings 1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2015–2016, 82 FR 26046 (June 6, 2017) (Preliminary Results) and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan; 2015–2016,’’ dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57714-57715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26384]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic 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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 19, 2017, the United States Court of 
International Trade (the CIT) entered final judgment sustaining the 
Department of Commerce's (the Department) second remand results 
pertaining to 18th administrative review of the antidumping duty order 
on fresh garlic from the People's Republic of China (PRC) for Hebei 
Golden Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda Industrial 
Co., Ltd. (Xinboda). The Department is notifying the public that the 
final judgment in this case is not in harmony with the final results 
and partial rescission of the 18th antidumping duty administrative 
review and that the Department has amended the dumping margins found 
for Xinboda and Golden Bird.

DATES: Applicable September 29, 2017.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5484.

SUPPLEMENTARY INFORMATION: 

Background

    On June 30, 2014, the Department published the Final Results 
pertaining to mandatory respondents Golden Bird and Xinboda, along with 
other exporters.\1\ In the Final Results, the Department selected the 
Philippines as the primary surrogate country and relied on total 
adverse facts available (AFA) with respect to Golden Bird and found 
that the company was part of the PRC-wide entity.\2\ The Department 
calculated a rate of $1.82 per kilogram for Xinboda.
---------------------------------------------------------------------------

    \1\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of the 18th Antidumping Duty 
Administrative Review; 2011-2012, 79 FR 36721 (June 30, 2014) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM).
    \2\ See IDM.
---------------------------------------------------------------------------

    On November 30, 2015, the CIT remanded for the Department to: (1) 
Consider evidence on the record concerning Golden Bird's independence 
from government control to determine whether the company is entitled to 
separate rate status based solely on that evidence, and if so, to 
determine an appropriate dumping margin specific to Golden Bird, taking 
into consideration the Department's sustained determination to select 
total AFA and applying the law extant at the time of the Final Results; 
(2) reconsider its surrogate country selection in the light of the 
Court's ruling concerning its interpretation of ``significant 
producer.'' \3\
---------------------------------------------------------------------------

    \3\ See Fresh Garlic Producers Association v. United States, 121 
F. Supp. 3d 1313 (CIT 2015).
---------------------------------------------------------------------------

    On February 29, 2016, the Department filed the Final Remand 
Results.\4\ In accordance with the Final Remand Results, the Department 
found, under protest, that Golden Bird is not part of the PRC wide 
entity and assigned a new separate AFA rate of $2.24 per kilogram, 
which represented Xinboda's highest transaction-specific margin from 
the instant administrative review.\5\ The Department continued to find 
that the Philippines was a significant producer, taking into account 
the ``comparative''

[[Page 57715]]

analysis required by the Court and the specific facts of this case.\6\
---------------------------------------------------------------------------

    \4\ See Memorandum to The File, ``Final Results of 
Redetermination Pursuant to Remand: Fresh Garlic from the People's 
Republic of China,'' (February 29, 2016) (Final Remand Results).
    \5\ Id. at 6.
    \6\ Id. at 6-11.
---------------------------------------------------------------------------

    On July 7, 2016, the CIT again remanded the Department's selection 
of the Philippines as a surrogate country.\7\ Per the Court's 
instructions, the Department reconsidered its surrogate country 
selection and, under protest, selected Ukraine as the primary surrogate 
country.\8\ The calculations performed with the new surrogate values 
resulted in a weighted-average dumping margin of $2.19 per kilogram for 
Xinboda. Since the Department recalculated a margin for Xinboda with a 
new surrogate country and new surrogate values, we updated Golden 
Bird's separate AFA rate to reflect Xinboda's highest-transaction 
specific margin using the new surrogate values. Accordingly, Golden 
Bird was assigned an updated AFA rate of $2.76 per kilogram.
---------------------------------------------------------------------------

    \7\ See Fresh Garlic Producers Association v. United States, 180 
F. Supp. 3d 1233 (CIT 2016).
    \8\ See Memorandum to The File, ``Final Results of 
Redetermination Pursuant to Remand: Fresh Garlic from the People's 
Republic of China, Fresh Garlic Producers Association, et al., v. 
United States, U.S. Court of International Trade, Consol. Ct. No. 
14-00180, Slip Op. 16-68,'' (January 10, 2017) (Second Remand 
Results).
---------------------------------------------------------------------------

    On September 19, 2017, the CIT sustained the Department's Second 
Remand Results with respect to the eighteenth administrative review of 
the AD order on fresh garlic from China.\9\
---------------------------------------------------------------------------

    \9\ See Fresh Garlic Producers Association v. United States, CIT 
Slip Op. 17-127, Consol. Ct. No. 14-00180 (September 19, 2017) (Slip 
Op. 17-127).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ 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 September 19, 2017, final judgment sustaining the Second Remand 
Results constitutes a final decision of the Court that is not in 
harmony with the Department's Final Results.\12\ This notice is 
published in fulfillment of the Timken publication requirements.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \12\ See Final Results.
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results with respect to the dumping margins calculated for 
Xinboda and Golden Bird. Based on the Second Remand Results, as 
affirmed by the CIT, the revised dumping margin for Xinboda, from 
November 1, 2011, through October 31, 2012, is $2.19 per kilogram. The 
separate AFA rate for Golden Bird from November 1, 2011, through 
October 31, 2012, is $2.76 per kilogram.
    Because the CIT's ruling was not appealed, it represents a final 
and conclusive court decision, and accordingly the Department will 
instruct Customs and Border Protection (CBP) to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
revised dumping margins summarized above.

Cash Deposit Requirements

    The Department will not update the cash deposit requirements for 
Golden Bird and Xinboda as they each have later-determined rates from 
subsequent administrative reviews.

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: December 4, 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. 2017-26384 Filed 12-6-17; 8:45 am]
 BILLING CODE 3510-DS-P

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