Glycine From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013-2014, 13235-13236 [2018-06149]
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
wire rod from Spain, which were
entered, or withdrawn from warehouse,
for consumption on or after October 31,
2017, the date of publication of the
preliminary determination of this
investigation in the Federal Register.
For entries made by AME, in accordance
with section 735(c)(4)(A) of the Act,
because we continue to find that critical
circumstances exist, we will instruct
CBP to continue to suspend liquidation
of all appropriate entries of wire rod
from Spain which were entered, or
withdrawn from warehouse, for
consumption on or after August 2, 2017,
which is 90 days prior to the date of
publication of the preliminary
determination of this investigation in
the Federal Register.
Further, Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average dumping
margins as shown above.
daltland on DSKBBV9HB2PROD with NOTICES
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
wire rod from Spain sold in the United
States at LTFV no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders (APO)
This notice serves as a reminder to
parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
VerDate Sep<11>2014
20:30 Mar 27, 2018
Jkt 244001
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: March 19, 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.
Appendix I
Scope of the Investigation
The products covered by this investigation
are certain hot-rolled products of carbon steel
and alloy steel, in coils, of approximately
round cross section, less than 19.00 mm in
actual solid cross-sectional diameter.
Specifically excluded are steel products
possessing the above-noted physical
characteristics and meeting the Harmonized
Tariff Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool
steel; (c) high-nickel steel; (d) ball bearing
steel; or (e) concrete reinforcing bars and
rods. Also excluded are free cutting steel
(also known as free machining steel)
products (i.e., products that contain by
weight one or more of the following
elements: 0.1 percent of more of lead, 0.05
percent or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent of
phosphorous, more than 0.05 percent of
selenium, or more than 0.01 percent of
tellurium). All products meeting the physical
description of subject merchandise that are
not specifically excluded are included in this
scope.
The products under investigation are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093, 7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030,
and 7227.90.6035 of the HTSUS. Products
entered under subheadings 7213.99.0090 and
7227.90.6090 of the HTSUS may also be
included in this scope if they meet the
physical description of subject merchandise
above. Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these proceedings is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Use of Adverse Facts Available
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Margin Calculations
VIII. Discussion of the Issues:
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Comment 1: Date of Sale and Use of
Constructed Export Price
Comment 2: Inclusion of Certain
Extraordinary Expenses in GSW’s Net
General and Administrative Expenses
Comment 3: Correction of Certain Data
Errors
Comment 4: Inclusion of Income
Attributable to Certain Scrap Sales in
GSW’s Net General and Administrative
Expenses
Comment 5: Adjustment of GSW’s
Reported Costs To Reflect the Yield Loss
Attributable to the Cutting Stage of the
Production Process
Comment 6: Whether GSW Understated its
Per-Unit Costs by Reporting Sales
Quantities
Comment 7: Whether GSW Improperly
Calculated Direct Materials Cost on a
Product-Group Basis
Comment 8: Inclusion of Certain Items in
the Calculation of the CELSA
Companies’ General and Administrative
Expense Rates
Comment 9: AFA
IX. Recommendation
[FR Doc. 2018–06147 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
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 and Notice of Amended Final
Results; 2013–2014
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, 2013,
through February 28, 2014. 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 [March 22, 2018].
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Brian Davis, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
(202) 482–3931 or (202) 482–7924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2015, Commerce
published the Final Results,1 in which
it determined Baoding Mantong to have
a weight-averaged dumping margin of
143.87 percent for the period under
review. On August 1, 2017, the Court
sustained three of Commerce’s
determinations in the Final Results but,
with respect to findings for Baoding
Mantong, remanded the results to
Commerce for reconsideration of the
surrogate value selection for liquid
ammonia and the selection of
companies used for the respondent’s
surrogate financial ratios.2 In the Final
Results of Redetermination, Commerce
selected a new surrogate value for liquid
ammonia and changed its selection of
surrogate financial ratios; these two
changes resulted in a dumping margin
of zero percent.3 On March 12, 2018, the
Court sustained the Final Results of
Redetermination.4
daltland on DSKBBV9HB2PROD with NOTICES
Timken Notice
In its decision in Timken,5 as clarified
by Diamond Sawblades,6 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 March 12, 2018, final
judgment sustaining the Final Results of
Redetermination constitutes a final
decision of the Court that is not in
harmony with Commerce’s Final
1 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) (Final
Results) and accompanying Issues and Decision
Memorandum (Issues and Decision Memorandum).
2 See Evonik Rexim (Nanning) Pharmaceutical
Co. Ltd. v. United States, 253 F. Supp. 3d 1364
(2017). The Court consolidated actions filed by
Evonik Rexim (Nanning) Pharmaceutical Co. Ltd.
(Evonik) and Baoding Mantong on January 21, 2016,
but later granted a motion to sever and stay one of
Evonik’s claims pending the final disposition of a
similar claim in another segment of this
antidumping duty proceeding.
3 See ‘‘Final Results of Redetermination Pursuant
to Court Remand,’’ dated October 20, 2017 (Final
Results of Redetermination).
4 See Evonik Rexim (Nanning) Pharmaceutical
Co. Ltd. v. United States, Court No. 15–00296, Slip
Op. 18–21 (CIT March 12, 2018).
5 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
6 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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Jkt 244001
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 Final Results of
Redetermination, as sustained by the
CIT, the revised dumping margin for
Baoding Mantong, for the period March
1, 2013, through February 28, 2014, is
as follows:
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–055]
Carton-Closing Staples From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that cartonclosing staples from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The final
dumping margin of sales at LTFV is
Weightedshown in the ‘‘Final Determination’’
average
section of this notice.
Producer or exporter
dumping
DATES: Applicable March 28, 2018.
margin
(percent)
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Baoding Mantong Fine
Chemistry Co. Ltd .............
0.00 Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
In the event the Court’s ruling is not
Commerce, 1401 Constitution Avenue
appealed or, if appealed, upheld by a
NW, Washington, DC 20230; telephone:
final and conclusive court decision,
(202) 482–6905.
Commerce will instruct the U.S.
SUPPLEMENTARY INFORMATION:
Customs and Border Protection (CBP) to
assess antidumping duties on
Background
unliquidated entries of subject
On November 3, 2017, Commerce
merchandise with respect to Baoding
published in the Federal Register its
Mantong.
preliminary affirmative determination
Cash Deposit Requirements
As Baoding Mantong’s cash deposit
rate has not been subject to subsequent
administrative reviews, Commerce will
issue revised cash deposit instructions
to CBP adjusting the rate for Baoding
Mantong to zero percent, effective
March 22, 2018.
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: March 22, 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. 2018–06149 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
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AGENCY:
in the LTFV investigation of cartonclosing staples from China.1 For a
complete description of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum that is dated concurrently
with this determination and hereby
adopted by this notice.2 Commerce
exercised its discretion to toll deadlines
affected by the closure of the Federal
Government from January 20 through
22, 2018. If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final
1 See Carton-Closing Staples from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and
Extension of Provisional Measures, 82 FR 51213
(November 3, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Carton-Closing Staples from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\28MRN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13235-13236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06149]
-----------------------------------------------------------------------
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 and Notice of Amended Final Results; 2013-2014
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, 2013, through February 28,
2014. 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 [March 22, 2018].
FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian Davis, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
[[Page 13236]]
(202) 482-3931 or (202) 482-7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2015, Commerce published the Final Results,\1\ in
which it determined Baoding Mantong to have a weight-averaged dumping
margin of 143.87 percent for the period under review. On August 1,
2017, the Court sustained three of Commerce's determinations in the
Final Results but, with respect to findings for Baoding Mantong,
remanded the results to Commerce for reconsideration of the surrogate
value selection for liquid ammonia and the selection of companies used
for the respondent's surrogate financial ratios.\2\ In the Final
Results of Redetermination, Commerce selected a new surrogate value for
liquid ammonia and changed its selection of surrogate financial ratios;
these two changes resulted in a dumping margin of zero percent.\3\ On
March 12, 2018, the Court sustained the Final Results of
Redetermination.\4\
---------------------------------------------------------------------------
\1\ 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) (Final Results) and accompanying Issues
and Decision Memorandum (Issues and Decision Memorandum).
\2\ See Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. v. United
States, 253 F. Supp. 3d 1364 (2017). The Court consolidated actions
filed by Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. (Evonik) and
Baoding Mantong on January 21, 2016, but later granted a motion to
sever and stay one of Evonik's claims pending the final disposition
of a similar claim in another segment of this antidumping duty
proceeding.
\3\ See ``Final Results of Redetermination Pursuant to Court
Remand,'' dated October 20, 2017 (Final Results of Redetermination).
\4\ See Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. v. United
States, Court No. 15-00296, Slip Op. 18-21 (CIT March 12, 2018).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
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 March 12,
2018, final judgment sustaining the Final 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.
---------------------------------------------------------------------------
\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ 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 Final Results of Redetermination, as
sustained by the CIT, the revised dumping margin for Baoding Mantong,
for the period March 1, 2013, through February 28, 2014, is as follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping 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 (CBP) to assess antidumping
duties on unliquidated entries of subject merchandise with respect to
Baoding Mantong.
Cash Deposit Requirements
As Baoding Mantong's cash deposit rate has not been subject to
subsequent administrative reviews, Commerce will issue revised cash
deposit instructions to CBP adjusting the rate for Baoding Mantong to
zero percent, effective March 22, 2018.
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: March 22, 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. 2018-06149 Filed 3-27-18; 8:45 am]
BILLING CODE 3510-DS-P
