Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review; 2010-2011, 3675-3676 [2018-01445]

Download as PDF Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices Weightedaverage margin (percent) Manufacturer/ exporter Trina Solar (Singapore) Science and Technology Pte Ltd .......... Win Win Precision Technology Co., Ltd ................................... 1.07 1.07 Dated: January 18, 2018. Gary Taverman, Deputy Assistance Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–01446 Filed 1–25–18; 8:45 am] BILLING CODE 3510–DS–P daltland on DSKBBV9HB2PROD with NOTICES Assessment Rates Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review, in accordance with 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of solar products from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 19.50 percent ad valorem, the all-others rate established in the less-than-fair-value investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). 8 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 76966 (December 23, 2014). VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–836] Glycine From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review; 2010–2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Court of International Trade (CIT or Court) sustained the final remand results pertaining to the administrative review of the antidumping duty order on glycine from the People’s Republic of China (China), covering the period of March 1, 2010, through February 28, 2011. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce’s final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong). DATES: Applicable January 26, 2018. FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Edythe Artman, 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 or (202) 482–3931, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 18, 2012, Commerce published the Final Results,1 in which it determined Baoding Mantong to have a weight-averaged dumping margin of 453.79 percent for the period under review. On November 3, 2015, the Court remanded these results to Commerce for reconsideration of all aspects of its determination of the margin assigned to 1 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 64100 (October 18, 2012) (Final Results). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 3675 Baoding Mantong in the Final Results.2 In the final results of redetermination, Commerce relied on surrogate financial information that resulted in a dumping margin of 64.97 percent.3 On April 19, 2017, the Court remanded the revised results to Commerce for reconsideration of the selection of certain surrogate values in its determination of the margin assigned to Baoding Mantong.4 In its second final results of redetermination, Commerce revised the surrogate values for three inputs—liquid ammonia, formaldehyde and steam coal—which resulted in a dumping margin of 0.00 percent.5 On December 20, 2017, the Court sustained the Second Results of Redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 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), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s December 20, 2017, final judgment sustaining the Second Results of Redetermination constitutes a final decision of the Court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the Timken publication requirements. Accordingly, Commerce will continue the suspension of liquidation of the subject merchandise pending a final and conclusive court decision. Amended Final Results of Review Because there is now a final court decision, Commerce is amending the Final Results with respect to the dumping margin calculated for Baoding Mantong. Based on the Second Results of Redetermination, as sustained by the CIT, the revised dumping margin for Baoding Mantong, for the period March 2 See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12–00362, Slip Op. 15– 123 (CIT November 3, 2015). 3 See ‘‘Final Results of Redetermination Pursuant to Court Remand,’’ dated March 29, 2017. 4 See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12–00362, Slip Op. 17– 44 (CIT April 19, 2017). 5 See‘‘Final Results of Redetermination Pursuant to Court Remand,’’ dated July 18, 2017 (Second Results of Redetermination). 6 See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12–00362, Slip Op. 17– 169 (CIT December 20, 2017). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\26JAN1.SGM 26JAN1 3676 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices registration instructions provided below. 1, 2010, through February 28, 2011, is as follows: Producer or exporter Baoding Mantong Fine Chemistry Co. Ltd. ............ Weightedaverage dumping margin (percent) 0.00 In the event the Court’s ruling is not appealed or, if appealed, upheld by a final and conclusive court decision, Commerce will instruct the U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise with respect to Baoding Mantong. Cash Deposit Requirements Since the Final Results, Commerce has established a new cash deposit rate for Baoding Mantong.9 Therefore, the cash deposit rate for Baoding Mantong will remain the company-specific rate established for it in a subsequent and most recently completed administrative review.10 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: January 17, 2018. 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. 2018–01445 Filed 1–25–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Meeting of the Renewable Energy and Energy Efficiency Advisory Committee International Trade Administration, U.S. Department of Commerce ACTION: Notice of an open meeting AGENCY: The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC) will hold a meeting on Thursday, May 10, 2018 at the U.S. Department of Commerce Herbert C. Hoover Building in Washington, DC. The meeting is open to the public with daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: 9 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2013– 2014, 80 FR 62027 (October 15, 2015). 10 Id. at 62028. VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 May 10, 2018, from approximately 8:30 a.m. to 5:00 p.m. Eastern Standard Time (EST). Members of the public wishing to participate must register in advance with Victoria Gunderson at the contact information below by 5:00 p.m. EST on Friday, May 4, 2018, in order to pre-register, including any requests to make comments during the meeting or for accommodations or auxiliary aids. ADDRESSES: To register, please contact Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482–7890; email: Victoria.Gunderson@ trade.gov. DATE: FOR FURTHER INFORMATION CONTACT: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482–7890; email: Victoria.Gunderson@ trade.gov. SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the REEEAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), on July 14, 2010. The REEEAC was re-chartered most recently on June 9, 2016. The REEEAC provides the Secretary of Commerce with consensus advice from the private sector on the development and administration of programs and policies to expand the export competitiveness of the U.S. renewable energy and energy efficiency products and services. On May 10, the REEEAC will hold the seventh, and final, in-person meeting of its current charter term and hold REEEAC sub-committee working sessions, discuss next steps for each sub-committee (Export Competitiveness, Market Access, and Finance), consider recommendations for approval, and hear from officials from the Department of Commerce and other agencies on major issues affecting the competitiveness of the U.S. renewable energy and energy efficiency industries. An agenda will be made available by May 4 upon request. The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted, but may be impossible to fill. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 A limited amount of time before the close of the meeting will be available for oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two to five minutes per person (depending on number of public participants). Individuals wishing to reserve speaking time during the meeting must contact Ms. Gunderson and submit a brief statement of the general nature of the comments, as well as the name and address of the proposed participant by 5:00 p.m. EST on Friday, May 4, 2018. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a copy of their oral comments by email to Ms. Gunderson for distribution to the participants in advance of the meeting. Any member of the public may submit written comments concerning the REEEAC’s affairs at any time before or after the meeting. Comments may be submitted to the Renewable Energy and Energy Efficiency Advisory Committee, c/o: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries, U.S. Department of Commerce; 1401 Constitution Avenue NW; Mail Stop: 4053; Washington, DC 20230. To be considered during the meeting, written comments must be received no later than 5:00 p.m. EST on Friday, May 4, 2018, to ensure transmission to the REEEAC prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of REEEAC meeting minutes will be available within 30 days following the meeting. Dated: January 19, 2018. Man Cho, Deputy Director, Office of Energy and Environmental Industries. [FR Doc. 2018–01335 Filed 1–25–18; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee International Trade Administration, U.S. Department of Commerce ACTION: Notice of an open meeting AGENCY: E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3675-3676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of the Antidumping Duty 
Administrative Review; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Court of International Trade (CIT or Court) sustained the 
final remand results pertaining to the administrative review of the 
antidumping duty order on glycine from the People's Republic of China 
(China), covering the period of March 1, 2010, through February 28, 
2011. The Department of Commerce (Commerce) is notifying the public 
that the final judgment in this case is not in harmony with Commerce's 
final results of the administrative review and that Commerce is 
amending the final results with respect to the dumping margin assigned 
to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong).

DATES: Applicable January 26, 2018.

FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Edythe Artman, 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 or (202) 
482-3931, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 18, 2012, Commerce published the Final Results,\1\ in 
which it determined Baoding Mantong to have a weight-averaged dumping 
margin of 453.79 percent for the period under review. On November 3, 
2015, the Court remanded these results to Commerce for reconsideration 
of all aspects of its determination of the margin assigned to Baoding 
Mantong in the Final Results.\2\ In the final results of 
redetermination, Commerce relied on surrogate financial information 
that resulted in a dumping margin of 64.97 percent.\3\ On April 19, 
2017, the Court remanded the revised results to Commerce for 
reconsideration of the selection of certain surrogate values in its 
determination of the margin assigned to Baoding Mantong.\4\ In its 
second final results of redetermination, Commerce revised the surrogate 
values for three inputs--liquid ammonia, formaldehyde and steam coal--
which resulted in a dumping margin of 0.00 percent.\5\ On December 20, 
2017, the Court sustained the Second Results of Redetermination.\6\
---------------------------------------------------------------------------

    \1\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review, 77 FR 64100 
(October 18, 2012) (Final Results).
    \2\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United 
States, Court No. 12-00362, Slip Op. 15-123 (CIT November 3, 2015).
    \3\ See ``Final Results of Redetermination Pursuant to Court 
Remand,'' dated March 29, 2017.
    \4\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United 
States, Court No. 12-00362, Slip Op. 17-44 (CIT April 19, 2017).
    \5\ See``Final Results of Redetermination Pursuant to Court 
Remand,'' dated July 18, 2017 (Second Results of Redetermination).
    \6\ See Baoding Mantong Fine Chemistry Co., Ltd. v. United 
States, Court No. 12-00362, Slip Op. 17-169 (CIT December 20, 2017).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
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), 
Commerce must publish a notice of a court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's December 20, 
2017, final judgment sustaining the Second Results of Redetermination 
constitutes a final decision of the Court that is not in harmony with 
Commerce's Final Results. This notice is published in fulfillment of 
the Timken publication requirements. Accordingly, Commerce will 
continue the suspension of liquidation of the subject merchandise 
pending a final and conclusive court decision.
---------------------------------------------------------------------------

    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results of Review

    Because there is now a final court decision, Commerce is amending 
the Final Results with respect to the dumping margin calculated for 
Baoding Mantong. Based on the Second Results of Redetermination, as 
sustained by the CIT, the revised dumping margin for Baoding Mantong, 
for the period March

[[Page 3676]]

1, 2010, through February 28, 2011, is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Producer or exporter                        margin
                                                            (percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co. Ltd.................            0.00
------------------------------------------------------------------------

    In the event the Court's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, Commerce will instruct 
the U.S. Customs and Border Protection to assess antidumping duties on 
unliquidated entries of subject merchandise with respect to Baoding 
Mantong.

Cash Deposit Requirements

    Since the Final Results, Commerce has established a new cash 
deposit rate for Baoding Mantong.\9\ Therefore, the cash deposit rate 
for Baoding Mantong will remain the company-specific rate established 
for it in a subsequent and most recently completed administrative 
review.\10\
---------------------------------------------------------------------------

    \9\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 
FR 62027 (October 15, 2015).
    \10\ Id. at 62028.
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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: January 17, 2018.
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. 2018-01445 Filed 1-25-18; 8:45 am]
 BILLING CODE 3510-DS-P

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