Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity through Partnership Encouragement Act (HOPE), 59583-59584 [2017-27079]
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Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices
Determination and Order.2 Meihua 3 is a
Chinese producer/exporter of MSG and
was a mandatory respondent in the
underlying less than fair value
investigation. In the Second Amended
Final Determination and Order, the
Department assigned a dumping margin
of 21.28 percent to Meihua.
On April 25, 2017, the Court issued
its Remand Order 4 and directed the
Department to: (1) Reconsider the
Department’s selection of the best
available information in setting the
distance used to calculate a surrogate
value for inland freight and (2)
reconsider petitioner’s, Ajinomoto
North America, Inc.’s, (Ajinomoto)
argument to calculate the corn factor of
production (FOP) based upon the
respondent Meihua’s actual production
experience.
Pursuant to the Remand Order, the
Department issued its Final
Redetermination, which addressed the
Court’s Remand Order and revised the
weighted-average dumping margin for
Meihua to 34.15 percent.5 On November
3, 2017, the CIT sustained in whole the
Department’s Final Redetermination.6
Timken Notice
DEPARTMENT OF COMMERCE
Timken, 7
In its decision in
as
clarified by Diamond Sawblades, 8 the
United States Court of Appeals for the
Federal Circuit held that, pursuant to
sections 516A(c) and (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 November 3, 2017, final
judgment sustaining the Department’s
Final Redetermination constitutes a
final decision of the Court that is not in
harmony with the Second Amended
Final Determination and Order. This
notice is published in fulfillment of the
publication requirements of Timken.
Third Amended Final Determination
Because there is now a final court
decision, the Department is amending
the Second Amended Final
Determination and Order with respect
to the dumping margin calculated for
Meihua. The revised dumping margin
for Meihua, is 34.15 percent.9
Cash Deposit Requirements
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2 See
Monosodium Glutamate from the People’s
Republic of China, and the Republic of Indonesia:
Antidumping Duty Orders and Monosodium
Glutamate From the People’s Republic of China:
Amended Final Determination of Sales at Less
Than Fair Value, 79 FR 70505 (November 26, 2014)
(Amended Final Determination), and, Monosodium
Glutamate from the People’s Republic of China:
Second Amended Final Determination of Sales at
Less Than Fair Value and Amended Antidumping
Duty Order, 80 FR 487 (January 6, 2015) (Second
Amended Final Determination and Order),
respectively.
3 Meihua, or Meihua Group, consists of Langfang
Meihua Bio-Technology Co., Ltd., Tongliao Meihua
Biological SCI–TECH Co., Ltd., Meihua Group
International Trading (Hong Kong) Limited, and
Meihua Holdings Group Co., Ltd, Bazhou Branch.
See the Department’s preliminary decision
memorandum, ‘‘Decision Memorandum for the
Preliminary Determination of Sales at Less Than
Fair Value, Affirmative Preliminary Determination
of Critical Circumstances, and Postponement of
Final Determination of the Antidumping Duty
Investigation of Monosodium Glutamate from the
People’s Republic of China,’’ dated May 1, 2014, at
8–9, unchanged in Amended Final Determination.
4 See Ajinomoto North America, Inc. v. United
States, Court No. 14–00351, Slip Op. 17–48 (April
25, 2017) (Remand Order).
5 See Department Memorandum dated August 30,
2017, ‘‘Final Results of Redetermination Pursuant to
Court Remand Monosodium Glutamate from the
People’s Republic of China Ajinomoto North
America, Inc. v. United States Court No. 14–00351,
Slip Op. 17–48 (CIT April 25, 2017),’’ (Final
Redetermination).
6 See Ajinomoto North America, Inc. v. United
States, Court No. 14–00351, Slip Op. 17–150 (CIT
2017).
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23:42 Dec 14, 2017
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Since the Second Amended Final
Determination and Order, the
Department has established a new cash
deposit rate for Meihua.10 Therefore, the
Department is not amending the cash
deposit rate for Meihua.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
735(c)(1), and 777(i)(1) of the Act.
Dated: December 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. 2017–27062 Filed 12–14–17; 8:45 am]
BILLING CODE 3510–DS–P
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken), at 341.
8 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
9 See Final Redetermination.
10 See, e.g., Monosodium Glutamate from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2014–
2015, 81 FR 89062 (December 9, 2016).
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International Trade Administration
Limitation of Duty-Free Imports of
Apparel Articles Assembled in Haiti
Under the Caribbean Basin Economic
Recovery Act (CBERA), as Amended
by the Haitian Hemispheric
Opportunity through Partnership
Encouragement Act (HOPE)
International Trade
Administration, Department of
Commerce.
ACTION: Notification of annual
quantitative limit on imports of certain
apparel from Haiti.
AGENCY:
CBERA, as amended,
provides duty-free treatment for certain
apparel articles imported directly from
Haiti. One of the preferences is known
as the ‘‘value-added’’ provision, which
requires that apparel meet a minimum
threshold percentage of value added in
Haiti, the United States, and/or certain
beneficiary countries. The provision is
subject to a quantitative limitation,
which is calculated as a percentage of
total apparel imports into the United
States for each 12-month annual period.
For the annual period from December
20, 2017 through December 19, 2018,
the quantity of imports eligible for
preferential treatment under the valueadded provision is 361,603,399 square
meters equivalent.
DATES: December 20, 2017.
FOR FURTHER INFORMATION CONTACT:
Laurie Mease, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 213A of the
Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703a) (‘‘CBERA’’), as
amended; and as implemented by
Presidential Proc. No. 8114, 72 FR
13655 (March 22, 2007), and No. 8596,
75 FR 68153 (November 4, 2010).
Background: Section 213A(b)(1)(B) of
CBERA, as amended (19 U.S.C.
2703a(b)(1)(B)), outlines the
requirements for certain apparel articles
imported directly from Haiti to qualify
for duty-free treatment under a ‘‘valueadded’’ provision. In order to qualify for
duty-free treatment, apparel articles
must be wholly assembled, or knit-toshape, in Haiti from any combination of
fabrics, fabric components, components
knit-to-shape, and yarns, as long as the
sum of the cost or value of materials
produced in Haiti or one or more
beneficiary countries, as described in
CBERA, as amended, or any
combination thereof, plus the direct
SUMMARY:
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59584
Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
costs of processing operations
performed in Haiti or one or more
beneficiary countries, as described in
CBERA, as amended, or any
combination thereof, is not less than an
applicable percentage of the declared
customs value of such apparel articles.
Pursuant to CBERA, as amended, the
applicable percentage for the period
December 20, 2017 through December
19, 2018, is 60 percent.
For every twelve-month period
following the effective date of CBERA,
as amended, duty-free treatment under
the value-added provision is subject to
a quantitative limitation. CBERA, as
amended, provides that the quantitative
limitation will be recalculated for each
subsequent 12 month period. Section
213A (b)(1)(C) of CBERA, as amended
(19 U.S.C. 2703a(b)(1)(C)), requires that,
for the twelve-month period beginning
on December 20, 2017, the quantitative
limitation for qualifying apparel
imported from Haiti under the valueadded provision will be an amount
equivalent to 1.25 percent of the
aggregate square meter equivalent of all
apparel articles imported into the
United States in the most recent 12month period for which data are
available.
The aggregate square meters
equivalent of all apparel articles
imported into the United States is
derived from the set of Harmonized
System lines listed in the Annex to the
World Trade Organization Agreement
on Textiles and Clothing (‘‘ATC’’), and
the conversion factors for units of
measure into square meter equivalents
used by the United States in
implementing the ATC.
For purposes of this notice, the most
recent 12-month period for which data
are available as of December 20, 2017 is
the 12-month period ending on October
31, 2017.
Therefore, for the one-year period
beginning on December 20, 2017 and
extending through December 19, 2018,
the quantity of imports eligible for
preferential treatment under the valueadded provision is 361,603,399 square
meters equivalent. Apparel articles
entered in excess of these quantities will
be subject to otherwise applicable
tariffs.
Dated: December 11, 2017.
Terry Labat,
Senior Advisor, performing the Non-Exclusive
Duties of the Deputy Assistant Secretary for
Textiles, Consumer Goods and Materials.
[FR Doc. 2017–27079 Filed 12–14–17; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–068]
Forged Steel Fittings From the
People’s Republic of China:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable December 15, 2017.
FOR FURTHER INFORMATION CONTACT:
Brian Smith at (202) 482–1766 or Jaron
Moore at (202) 482–3640, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 25, 2017, the Department
of Commerce (the Department) initiated
a countervailing duty (CVD)
investigation of forged steel fittings from
the People’s Republic of China.1
Currently, the preliminary
determination is due no later than
December 29, 2017.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
the Department initiated the
investigation. However, section
703(c)(1)(A) of the Act permits the
Department to postpone the preliminary
determination until no later than 130
days after the date on which the
Department initiated the investigation if
the petitioners 2 make a timely request
for a postponement. Under 19 CFR
351.205(e), the petitioners must submit
a request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request. The
Department will grant the request unless
it finds compelling reasons to deny the
request.
1 See Forged Steel Fittings From the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 82 FR 50623 (November 1, 2017)
(Initiation Notice).
2 The petitioners are the Bonney Forge
Corporation and the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union
(USW).
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On November 24, 2017, the
petitioners submitted a timely request
that the Department postpone the
preliminary CVD determination.3
Noting the comments filed with respect
to respondent selection and the scope of
the investigation, the petitioners stated
that a postponement is necessary due to
the difficulty in determining which
companies imported subject
merchandise, and the possibility that
the Department may find it necessary to
select additional respondents or issue
quantity and value questionnaires.
Finally, the petitioners state that a
postponement is necessary to allow
them sufficient time to identify
additional subsidy benefits not
addressed in the Petition once the
Department identifies the mandatory
respondents.
In accordance with 19 CFR
351.205(e), the petitioners stated the
reasons for requesting a postponement
of the preliminary determination, and
the Department finds no compelling
reason to deny the request. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, the Department is postponing
the deadline for the preliminary
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e., March
5, 2018.4 Pursuant to section 705(a)(1) of
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determination of
this investigation will continue to be 75
days after the date of the preliminary
determination, unless postponed at a
later date.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive duties of the
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2017–27081 Filed 12–14–17; 8:45 am]
BILLING CODE 3510–DS–P
3 See the petitioners’ letter, ‘‘Re: Forged Steel
Fittings from the People’s Republic of China:
Request to Postpone Preliminary Determination,’’
dated November 24, 2017.
4 Postponing the preliminary determination to
130 days after initiation would place the deadline
on Sunday, March 4, 2018. The Department’s
practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
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[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59583-59584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27079]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Limitation of Duty-Free Imports of Apparel Articles Assembled in
Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as
Amended by the Haitian Hemispheric Opportunity through Partnership
Encouragement Act (HOPE)
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Notification of annual quantitative limit on imports of
certain apparel from Haiti.
-----------------------------------------------------------------------
SUMMARY: CBERA, as amended, provides duty-free treatment for certain
apparel articles imported directly from Haiti. One of the preferences
is known as the ``value-added'' provision, which requires that apparel
meet a minimum threshold percentage of value added in Haiti, the United
States, and/or certain beneficiary countries. The provision is subject
to a quantitative limitation, which is calculated as a percentage of
total apparel imports into the United States for each 12-month annual
period. For the annual period from December 20, 2017 through December
19, 2018, the quantity of imports eligible for preferential treatment
under the value-added provision is 361,603,399 square meters
equivalent.
DATES: December 20, 2017.
FOR FURTHER INFORMATION CONTACT: Laurie Mease, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 213A of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703a) (``CBERA''), as amended; and as implemented by
Presidential Proc. No. 8114, 72 FR 13655 (March 22, 2007), and No.
8596, 75 FR 68153 (November 4, 2010).
Background: Section 213A(b)(1)(B) of CBERA, as amended (19 U.S.C.
2703a(b)(1)(B)), outlines the requirements for certain apparel articles
imported directly from Haiti to qualify for duty-free treatment under a
``value-added'' provision. In order to qualify for duty-free treatment,
apparel articles must be wholly assembled, or knit-to-shape, in Haiti
from any combination of fabrics, fabric components, components knit-to-
shape, and yarns, as long as the sum of the cost or value of materials
produced in Haiti or one or more beneficiary countries, as described in
CBERA, as amended, or any combination thereof, plus the direct
[[Page 59584]]
costs of processing operations performed in Haiti or one or more
beneficiary countries, as described in CBERA, as amended, or any
combination thereof, is not less than an applicable percentage of the
declared customs value of such apparel articles. Pursuant to CBERA, as
amended, the applicable percentage for the period December 20, 2017
through December 19, 2018, is 60 percent.
For every twelve-month period following the effective date of
CBERA, as amended, duty-free treatment under the value-added provision
is subject to a quantitative limitation. CBERA, as amended, provides
that the quantitative limitation will be recalculated for each
subsequent 12 month period. Section 213A (b)(1)(C) of CBERA, as amended
(19 U.S.C. 2703a(b)(1)(C)), requires that, for the twelve-month period
beginning on December 20, 2017, the quantitative limitation for
qualifying apparel imported from Haiti under the value-added provision
will be an amount equivalent to 1.25 percent of the aggregate square
meter equivalent of all apparel articles imported into the United
States in the most recent 12-month period for which data are available.
The aggregate square meters equivalent of all apparel articles
imported into the United States is derived from the set of Harmonized
System lines listed in the Annex to the World Trade Organization
Agreement on Textiles and Clothing (``ATC''), and the conversion
factors for units of measure into square meter equivalents used by the
United States in implementing the ATC.
For purposes of this notice, the most recent 12-month period for
which data are available as of December 20, 2017 is the 12-month period
ending on October 31, 2017.
Therefore, for the one-year period beginning on December 20, 2017
and extending through December 19, 2018, the quantity of imports
eligible for preferential treatment under the value-added provision is
361,603,399 square meters equivalent. Apparel articles entered in
excess of these quantities will be subject to otherwise applicable
tariffs.
Dated: December 11, 2017.
Terry Labat,
Senior Advisor, performing the Non-Exclusive Duties of the Deputy
Assistant Secretary for Textiles, Consumer Goods and Materials.
[FR Doc. 2017-27079 Filed 12-14-17; 8:45 am]
BILLING CODE 3510-DS-P
