Multilayered Wood Flooring From the People's Republic of China: Amendment to Notice of Court Decision Not in Harmony With the Second Amended Final Determination and Amendment to Notice of Third Amended Final Determination of the Antidumping Duty Investigation, 44027-44028 [2018-18725]
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices
DFA’s amendment of its Export Trade
Certificate of Review results in the
following membership list:
1. Alpine Pacific Nut Company,
Hughson, CA
2. Andersen & Sons Shelling, Vina, CA
3. Avanti Nut Company, Inc., Stockton,
CA
4. Berberian Nut Company, LLC, Chico,
CA
5. Carriere Family Farms, Inc., Glenn,
CA
6. California Almond Packers and
Exporters, Inc. (CAPEX), Corning
CA
7. California Walnut Company, Inc., Los
Molinos, CA
8. Chico Nut Company, Chico, CA
9. Continente Nut LLC, Oakley, CA
10. C. R. Crain & Sons, Inc., Los
Molinos, CA
11. Crain Walnut Shelling, Inc., Los
Molinos, CA
12. Diamond Foods, LLC, Stockton, CA
13. Empire Nut Company, Colusa, CA
14. Fig Garden Packing, Inc., Fresno, CA
15. Gold River Orchards, Inc., Escalon,
CA
16. Grower Direct Nut Company,
Hughson, CA
17. Guerra Nut Shelling Company,
Hollister, CA
18. Hill View Packing Company Inc.,
Gustine, CA
19. John B. SanFilippo & Son, Inc.
20. Mariani Nut Company, Winters, CA
21. Mariani Packing Company, Inc.,
Vacaville, CA
22. Mid Valley Nut Company Inc.,
Hughson, CA
23. Morada Nut Company, LP, Stockton,
CA
24. National Raisin Company, Fowler,
CA
25. O–G Nut Company, Stockton, CA
26. Omega Walnut, Inc., Orland, CA
27. Pearl Crop, Inc., Stockton, CA
28. Poindexter Nut Company, Selma,
CA
29. Prima Noce Packing, Linden, CA
30. RPC Packing Inc., Porterville, CA
31. Sacramento Packing, Inc., Yuba City,
CA
32. Sacramento Valley Walnut Growers,
Inc., Yuba City, CA
33. San Joaquin Figs, Inc., Fresno, CA
34. Shoei Foods USA Inc., Olivehurst,
CA
35. Stapleton-Spence Packing, Gridley,
CA
36. Sun-Maid Growers of California,
Kingsburg, CA
37. Sunsweet Growers Inc., Yuba City,
CA
38. Taylor Brothers Farms, Inc., Yuba
City, CA
39. T.M. Duche Nut Company, Inc.,
Orland, CA
40. Wilbur Packing Company, Inc., Live
Oak, CA
VerDate Sep<11>2014
17:04 Aug 28, 2018
Jkt 244001
41. Valley Fig Growers, Fresno, CA
Dated: August 22, 2018.
Joseph Flynn,
Office of Trade and Economic Analysis,
International Trade Administration.
[FR Doc. 2018–18686 Filed 8–28–18; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No.: 180806732–8732–01]
Trade Fair Certification (TFC) Program:
Notice of Change of Application
Deadline and Mailing Address
International Trade
Administration, Department of
Commerce.
ACTION: Notice of change of application
deadline and mailing address.
AGENCY:
The United States Department
of Commerce, International Trade
Administration, is updating the Trade
Fair Certification (TFC) program
established under 22 U.S.C. 2455(f) to
revise the application mailing address
and the deadline for application
submission for the Program. The
updated TFC program guidelines can be
found at: https://2016.export.gov/
tradefairs/eg_main_018560.asp.
DATES: Applicable on August 29, 2018.
ADDRESSES: Applications for TFC
consideration should be mailed via
preferred courier method to: Vidya
Desai, Trade Fair Certification, 1401
Constitution Avenue NW, Mailstop
52024, Washington, DC 20230, Phone:
202–482–2311.
To ensure timely delivery of your
application, please also email your
application to: TFC@trade.gov.
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, Senior Advisor, Trade
Events, Office of Trade Promotion
Programs, U.S. Department of
Commerce, TFC@trade.gov.
SUPPLEMENTARY INFORMATION:
New Mailing Address: The Office of
Trade Promotion Programs, which
administers the TFC program for the
U.S. Department of Commerce, has
moved its physical office location from
the Ronald Reagan Building to the main
Herbert C. Hoover Commerce Building
located at 1401 Constitution Ave. NW.
This change is reflected on the website
at: https://2016.export.gov/tradefairs/
eg_main_018561.asp.
Revised Application Deadline: The
TFC program is revising the deadline for
applying for certification from 270 days
prior to the start date of the show to 180
days prior to the start date of the trade
SUMMARY:
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44027
show for which the application is being
submitted. In addition, should
applications not be received at least 180
days prior to the start date of the show,
the TFC program will allow for a grace
period of 5 business days to receive the
application.
This change is reflected on the
website at: https://2016.export.gov/
tradefairs/eg_main_018559.asp and
https://2016.export.gov/tradefairs/eg_
main_018559.asp.
William Ross,
Supervisory International Trade Specialist/
Team Leader, Office of Trade Promotion
Programs.
[FR Doc. 2018–18617 Filed 8–28–18; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China:
Amendment to Notice of Court
Decision Not in Harmony With the
Second Amended Final Determination
and Amendment to Notice of Third
Amended Final Determination of the
Antidumping Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 15, 2018, the
United States Court of International
Trade (CIT or Court) amended its July 3,
2018, final judgment in Changzhou
Hawd Flooring Co., et al. v. United
States, which sustained, in part, the
final results of remand redetermination
pursuant to court order by the
Department of Commerce (Commerce)
pertaining to the less-than-fair-value
(LTFV) investigation on multilayered
wood flooring (MLWF) from the
People’s Republic of China (China). On
July 25, 2018, Commerce notified the
public that the CIT’s July 3, 2018, final
judgment in the case was not in
harmony with Commerce’s final
determination in the LTFV investigation
of MLWF from China, and, pursuant to
the CIT’s July 3, 2018, final judgment,
Commerce issued an amended final
determination excluding Dunhua City
Jisen Wood Industry Co., Ltd. (Dunhua
City Jisen), Fine Furniture (Shanghai)
Limited (Fine Furniture), and
Armstrong Wood Products (Kunshan)
Co., Ltd. (Armstrong Wood) from the
antidumping duty (AD) order. Pursuant
to the CIT’s August 15, 2018,
amendment to its July 3, 2018, final
AGENCY:
E:\FR\FM\29AUN1.SGM
29AUN1
44028
Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices
judgment, we are excluding Double F
Limited from the AD order.
DATES: Applicable July 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3147.
SUPPLEMENTARY INFORMATION:
Background
sradovich on DSK3GMQ082PROD with NOTICES
As explained in further detail in the
Notice of Court Decision and Notice of
Third Amended Final Determination,1
on July 3, 2018, the CIT sustained, in
part, Commerce’s fifth remand
redetermination.2 In particular, the CIT
sustained Commerce’s determination
not to terminate the AD order 3 because
the order was imposed, in part, based on
indirect evidence of dumping by the
China-wide entity, a finding which was
not challenged.4 With respect to the
separate rate plaintiffs, the CIT ordered
exclusion from the order for three
separate respondents that sought
voluntary examination in the
investigation, but were denied: Dunhua
City Jisen, Fine Furniture, and
Armstrong Wood. The CIT held that
1 See Multilayered Wood Flooring from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value: Notice of Court
Decision Not in Harmony with the Second
Amended Final Determination and Notice of Third
Amended Final Determination of the Antidumping
Duty Investigation, 83 FR 35217 (July 25, 2018)
(Notice of Court Decision and Notice of Third
Amended Final Determination). See also Baroque
Timber Indus. (Zhongshan) Co. v. United States,
971 F. Supp. 2d 1333, 1336 (Ct. Int’l Trade 2014);
Final Results of Redetermination Pursuant to Court
Order, Baroque Timber Industries (Zhongshan)
Company, Limited, et al. v. United States, dated
November 14, 2013 (First Remand
Redetermination); Final Results of Redetermination
Pursuant to Court Order, Baroque Timber Industries
(Zhongshan) Company, Limited, et al. v. United
States, dated May 30, 2014 (Second Remand
Redetermination); Changzhou Hawd Flooring Co. v.
United States, 77 F. Supp. 3d 1351 (Ct. Int’l Trade
2015); Changzhou Hawd Flooring Co. v. United
States, 848 F.3d 1006, 1008 (Fed. Cir. 2017); Final
Results of Redetermination Pursuant to Court
Order, Changzhou Hawd Flooring Co., Ltd., et al. v.
United States, dated October 16, 2014 (Third
Remand Redetermination); Final Results of
Redetermination Pursuant to Court Order,
Changzhou Hawd Flooring Co., Ltd., et al. v. United
States, dated March 24, 2015 (Fourth Remand
Redetermination); Final Results of Redetermination
Pursuant to Court Order, Court No. 12–00020, dated
February 25, 2017 (Fifth Remand Redetermination).
2 See Changzhou Hawd Flooring Co., et al. v.
United States, Ct. No. 12–20, Slip Op. 18–82 (Ct.
Int’l Trade July 3, 2018).
3 See Multilayered Wood Flooring from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 76 FR 76690 (December
8, 2011) (First Amended Final Determination and
Order).
4 See Slip Op. 18–82 at 11–12.
VerDate Sep<11>2014
17:04 Aug 28, 2018
Jkt 244001
Commerce’s application of the
exclusion regulation, 19 CFR
351.204(e)(1), was arbitrary with respect
to these respondents.5 The CIT
sustained Commerce’s determination
not to exclude the remaining separate
rate plaintiffs that did not seek
voluntary examination in the
investigation.6
Pursuant to the CIT’s July 3, 2018,
final judgment, on July 25, 2018,
Commerce issued the Notice of Court
Decision and Notice of Third Amended
Final Determination, which explained
that the CIT’s July 3, 2018, final
judgment was a final decision of that
court that is not in harmony with the
Second Amended Final Determination,
and excluded Dunhua City Jisen, Fine
Furniture, and Armstrong Wood from
the AD order.7
On August 15, 2018, in response to an
unopposed motion filed by Fine
Furniture, the CIT amended its July 3,
2018, final judgment, and ordered the
exclusion of Fine Furniture’s affiliate,
Double F Limited, a party previously
collapsed with Fine Furniture into a
single entity,8 from the AD order.9 This
notice is published in accordance with
the CIT’s August 15, 2018, order, and
amends Commerce’s July 25, 2018,
Notice of Court Decision and Notice of
Third Amended Final Determination to
exclude Double F Limited, along with
Fine Furniture, Donghua City Jisen, and
Armstrong Wood.
Amendment to Timken Notice
In its decision in Timken,10 as
clarified by Diamond Sawblades,11 the
United States Court for the Federal
Circuit (CAFC) 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
Commerce’s determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The CIT’s
August 15, 2018, amendment to its July
5 Id.
at 16.
6 Id. at 15–16.
7 See Notice of Court Decision and Notice of
Third Amended Final Determination, 83 FR at
35219.
8 See Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 79 FR 26712 (May 9, 2014); unchanged in
Multilayered Wood Flooring from the People’s
Republic of China: Amended Final Results of
Antidumping Duty Review; 2011–2012, 79 FR 35314
(June 20, 2014).
9 See Changzhou Hawd Flooring Co., et al. v.
United States, Ct. No. 12–20, Dkt. No. 199 (Ct. Int’l
Trade Aug. 15 2018).
10 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010).
PO 00000
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Fmt 4703
Sfmt 4703
3, 2018, final judgment ordering the
exclusion of Double F Limited
constitutes a final decision of that court
that is not in harmony with the Second
Amended Final Determination. This
notice is published in fulfillment of the
publication requirements of Timken.
Amendment to Third Amended Final
Determination
Pursuant to the CIT’s August 15, 2018,
order, we are amending the Notice of
Court Decision and Notice of Third
Amended Final Determination to
exclude Double F Limited from the AD
order. Section 735(c)(2)(A)–(B) of the
Act instructs Commerce to terminate
suspension of liquidation and to release
any bond or other security, and refund
any cash deposit, in the event of a
negative determination. Here,
suspension of liquidation must continue
during the pendency of the appeals
process (in accordance with Timken and
as discussed above), and, therefore, we
will continue to instruct U.S. Customs
and Border Protection (CBP) at this time
to (A) continue suspension at a cash
deposit rate of zero percent until
instructed otherwise; and (B) release
any bond or other security, and refund
any cash deposit made pursuant to the
order by Double F Limited. In the event
that the CIT’s ruling is not appealed, or
appealed and upheld by the CAFC,
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate those unliquidated
entries of subject merchandise without
regard to antidumping duties.
This notice is issued and published in
accordance with sections 516A(e)(1),
735, and 777(i)(1) of the Act.
Dated: August 24, 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. 2018–18725 Filed 8–28–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Science Advisory Board; Solicitation
for Members of the NOAA Science
Advisory Board
National Oceanic and
Atmospheric Administration (NOAA),
Office of Oceanic and Atmospheric
Research (OAR), Department of
Commerce (DOC).
AGENCY:
E:\FR\FM\29AUN1.SGM
29AUN1
]]>Agencies
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Notices]
[Pages 44027-44028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18725]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Amendment to Notice of Court Decision Not in Harmony With the Second
Amended Final Determination and Amendment to Notice of Third Amended
Final Determination of the Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 15, 2018, the United States Court of International
Trade (CIT or Court) amended its July 3, 2018, final judgment in
Changzhou Hawd Flooring Co., et al. v. United States, which sustained,
in part, the final results of remand redetermination pursuant to court
order by the Department of Commerce (Commerce) pertaining to the less-
than-fair-value (LTFV) investigation on multilayered wood flooring
(MLWF) from the People's Republic of China (China). On July 25, 2018,
Commerce notified the public that the CIT's July 3, 2018, final
judgment in the case was not in harmony with Commerce's final
determination in the LTFV investigation of MLWF from China, and,
pursuant to the CIT's July 3, 2018, final judgment, Commerce issued an
amended final determination excluding Dunhua City Jisen Wood Industry
Co., Ltd. (Dunhua City Jisen), Fine Furniture (Shanghai) Limited (Fine
Furniture), and Armstrong Wood Products (Kunshan) Co., Ltd. (Armstrong
Wood) from the antidumping duty (AD) order. Pursuant to the CIT's
August 15, 2018, amendment to its July 3, 2018, final
[[Page 44028]]
judgment, we are excluding Double F Limited from the AD order.
DATES: Applicable July 13, 2018.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, Office IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3147.
SUPPLEMENTARY INFORMATION:
Background
As explained in further detail in the Notice of Court Decision and
Notice of Third Amended Final Determination,\1\ on July 3, 2018, the
CIT sustained, in part, Commerce's fifth remand redetermination.\2\ In
particular, the CIT sustained Commerce's determination not to terminate
the AD order \3\ because the order was imposed, in part, based on
indirect evidence of dumping by the China-wide entity, a finding which
was not challenged.\4\ With respect to the separate rate plaintiffs,
the CIT ordered exclusion from the order for three separate respondents
that sought voluntary examination in the investigation, but were
denied: Dunhua City Jisen, Fine Furniture, and Armstrong Wood. The CIT
held that Commerce's application of the exclusion regulation, 19 CFR
351.204(e)(1), was arbitrary with respect to these respondents.\5\ The
CIT sustained Commerce's determination not to exclude the remaining
separate rate plaintiffs that did not seek voluntary examination in the
investigation.\6\
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value: Notice
of Court Decision Not in Harmony with the Second Amended Final
Determination and Notice of Third Amended Final Determination of the
Antidumping Duty Investigation, 83 FR 35217 (July 25, 2018) (Notice
of Court Decision and Notice of Third Amended Final Determination).
See also Baroque Timber Indus. (Zhongshan) Co. v. United States, 971
F. Supp. 2d 1333, 1336 (Ct. Int'l Trade 2014); Final Results of
Redetermination Pursuant to Court Order, Baroque Timber Industries
(Zhongshan) Company, Limited, et al. v. United States, dated
November 14, 2013 (First Remand Redetermination); Final Results of
Redetermination Pursuant to Court Order, Baroque Timber Industries
(Zhongshan) Company, Limited, et al. v. United States, dated May 30,
2014 (Second Remand Redetermination); Changzhou Hawd Flooring Co. v.
United States, 77 F. Supp. 3d 1351 (Ct. Int'l Trade 2015); Changzhou
Hawd Flooring Co. v. United States, 848 F.3d 1006, 1008 (Fed. Cir.
2017); Final Results of Redetermination Pursuant to Court Order,
Changzhou Hawd Flooring Co., Ltd., et al. v. United States, dated
October 16, 2014 (Third Remand Redetermination); Final Results of
Redetermination Pursuant to Court Order, Changzhou Hawd Flooring
Co., Ltd., et al. v. United States, dated March 24, 2015 (Fourth
Remand Redetermination); Final Results of Redetermination Pursuant
to Court Order, Court No. 12-00020, dated February 25, 2017 (Fifth
Remand Redetermination).
\2\ See Changzhou Hawd Flooring Co., et al. v. United States,
Ct. No. 12-20, Slip Op. 18-82 (Ct. Int'l Trade July 3, 2018).
\3\ See Multilayered Wood Flooring from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011) (First
Amended Final Determination and Order).
\4\ See Slip Op. 18-82 at 11-12.
\5\ Id. at 16.
\6\ Id. at 15-16.
---------------------------------------------------------------------------
Pursuant to the CIT's July 3, 2018, final judgment, on July 25,
2018, Commerce issued the Notice of Court Decision and Notice of Third
Amended Final Determination, which explained that the CIT's July 3,
2018, final judgment was a final decision of that court that is not in
harmony with the Second Amended Final Determination, and excluded
Dunhua City Jisen, Fine Furniture, and Armstrong Wood from the AD
order.\7\
---------------------------------------------------------------------------
\7\ See Notice of Court Decision and Notice of Third Amended
Final Determination, 83 FR at 35219.
---------------------------------------------------------------------------
On August 15, 2018, in response to an unopposed motion filed by
Fine Furniture, the CIT amended its July 3, 2018, final judgment, and
ordered the exclusion of Fine Furniture's affiliate, Double F Limited,
a party previously collapsed with Fine Furniture into a single
entity,\8\ from the AD order.\9\ This notice is published in accordance
with the CIT's August 15, 2018, order, and amends Commerce's July 25,
2018, Notice of Court Decision and Notice of Third Amended Final
Determination to exclude Double F Limited, along with Fine Furniture,
Donghua City Jisen, and Armstrong Wood.
---------------------------------------------------------------------------
\8\ See Multilayered Wood Flooring from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2011-2012, 79 FR 26712 (May 9, 2014); unchanged in Multilayered Wood
Flooring from the People's Republic of China: Amended Final Results
of Antidumping Duty Review; 2011-2012, 79 FR 35314 (June 20, 2014).
\9\ See Changzhou Hawd Flooring Co., et al. v. United States,
Ct. No. 12-20, Dkt. No. 199 (Ct. Int'l Trade Aug. 15 2018).
---------------------------------------------------------------------------
Amendment to Timken Notice
In its decision in Timken,\10\ as clarified by Diamond
Sawblades,\11\ the United States Court for the Federal Circuit (CAFC)
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 Commerce's determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's August 15, 2018, amendment to its July 3, 2018, final
judgment ordering the exclusion of Double F Limited constitutes a final
decision of that court that is not in harmony with the Second Amended
Final Determination. This notice is published in fulfillment of the
publication requirements of Timken.
---------------------------------------------------------------------------
\10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010).
---------------------------------------------------------------------------
Amendment to Third Amended Final Determination
Pursuant to the CIT's August 15, 2018, order, we are amending the
Notice of Court Decision and Notice of Third Amended Final
Determination to exclude Double F Limited from the AD order. Section
735(c)(2)(A)-(B) of the Act instructs Commerce to terminate suspension
of liquidation and to release any bond or other security, and refund
any cash deposit, in the event of a negative determination. Here,
suspension of liquidation must continue during the pendency of the
appeals process (in accordance with Timken and as discussed above),
and, therefore, we will continue to instruct U.S. Customs and Border
Protection (CBP) at this time to (A) continue suspension at a cash
deposit rate of zero percent until instructed otherwise; and (B)
release any bond or other security, and refund any cash deposit made
pursuant to the order by Double F Limited. In the event that the CIT's
ruling is not appealed, or appealed and upheld by the CAFC, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate those unliquidated entries of subject merchandise without
regard to antidumping duties.
This notice is issued and published in accordance with sections
516A(e)(1), 735, and 777(i)(1) of the Act.
Dated: August 24, 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. 2018-18725 Filed 8-28-18; 8:45 am]
BILLING CODE 3510-DS-P
