Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 44262-44263 [2018-18827]
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
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Jkt 244001
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[FR Doc. 2018–18893 Filed 8–29–18; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
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relating to public meetings found in
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[FR Doc. 2018–18803 Filed 8–29–18; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–881]
Malleable Cast Iron Pipe Fittings From
the People’s Republic of China: Notice
of Court Decision Not in Harmony With
Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant
to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is notifying the public that
the Court of International Trade’s (CIT
or the Court) final judgment in this case
is not in harmony with Commerce’s
final scope ruling and is, therefore,
finding that certain cast iron electrical
AGENCY:
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
conduit articles (electrical conduit
articles) imported by Atkore Steel
Components, Inc. (Atkore), are not
within the scope of the antidumping
duty order on malleable cast iron pipe
fittings (MIPF) from the People’s
Republic of China (China).
DATES: Applicable August 13, 2018.
FOR FURTHER INFORMATION CONTACT: Alex
Rosen, Office III, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7814.
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with NOTICES1
Background
On October 4, 2016, Atkore submitted
a scope request claiming that electrical
conduit articles are outside the scope of
the antidumping duty Order 1 on MIPF
from China.2 Commerce issued its Final
Scope Ruling on MIPF on March 16,
2017, finding that electrical conduit
articles were subject to the scope of the
Order.3 On May 12, 2017, Atkore filed
a complaint with the CIT asking for a
review of Commerce’s Final Scope
Ruling. On May 15, 2018, the CIT
remanded the scope ruling on two
grounds.4 First, the CIT held that
Commerce’s determination was
incorrect with regard to its finding that
the scope language in the Order was
unambiguous. Second, the Court held
that Commerce’s substantive
conclusions, responding to Atkore’s
arguments about the 19 CFR
351.225(k)(1) sources, were
unsupported by substantial evidence.
Pursuant to the Court’s instructions,
Commerce issued the Final Results of
Redetermination on Remand.5
Consistent with the Court’s instructions,
Commerce conducted an analysis of the
(k)(1) sources at the court’s direction,
but under respectful protest.6 Upon
1 See Antidumping Duty Order: Certain Malleable
Iron Pipe Fittings from the People’s Republic of
China, 68 FR 69376 (December 12, 2003) (Order).
2 See Atkore’s Letter, ‘‘Scope Ruling Request:
Malleable Cast Iron Pipe Fittings from the People’s
Republic of China (A–570–881),’’ dated October 4,
2016 (Scope Request).
3 See Memorandum, ‘‘Antidumping Duty Order
on Malleable Cast Iron Pipe Fittings from the
People’s Republic of China, Final Scope Ruling
Concerning Cast Iron Electrical Conduit Articles,’’
dated March 16, 2017 (Final Scope Ruling).
4 See Atkore Steel Components, Inc., v. United
States, Court No. 17–00077, Slip Op. 18–52 (CIT
2018).
5 See Final Results of Redetermination Pursuant
to Court Remand, Certain Malleable Iron Pipe
Fittings from the People’s Republic of China, Atkore
Steel Components, Inc., v. United States, Court No.
17–00077, Slip Op. 18–52 (CIT May 15, 2018),
dated July 11, 2018 (Final Remand Results).
6 Id. at 2 (citing Viraj Group, Ltd. v. United States,
343 F.3d 1371, 1376 (Fed. Cir. 2003) (Viraj)).
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17:25 Aug 29, 2018
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further analysis of the merchandise
under consideration, and based on
various 351.225(k)(1) sources on the
record, Commerce determined that the
record supports a determination that
electrical conduit articles are outside
the scope of the Order.7 On August 3,
2018, the Court sustained Commerce’s
Final Remand Results in their entirety.8
Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the Court of
Appeals for the Federal Circuit (CAFC)
held that, pursuant to section 516A(c)
and (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
August 3, 2018, judgment in this case
constitutes a final decision of the court
that is not in harmony with Commerce’s
Final Scope Ruling. This notice is
published in fulfillment of the
publication requirements of Timken.
Accordingly, Commerce will continue
the suspension of liquidation of
components for MIPF pending
expiration of the period of appeal or, if
appealed, pending a final and
conclusive court decision.
Amended Final Scope Ruling
Because there is now a final court
decision with respect to this case,
Commerce is amending its final scope
ruling and finds that the scope of the
Order does not cover the electrical
conduit articles specified in Atkore’s
Scope Request. Commerce will instruct
U.S. Customs and Border Protection
(CBP) that the cash deposit rate will be
zero percent for certain electrical
conduit articles imported by Atkore. In
the event that the CIT’s ruling is not
appealed, or if appealed, upheld by the
CAFC, Commerce will instruct CBP to
liquidate entries of Atkore’s electrical
conduit articles without regard to
antidumping duties, and to lift
suspension of liquidation of such
entries.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1) of
the Act.
7 See
Final Remand Results at 16.
Atkore Steel Components, Inc. v. United
States, Court No. 17–00077, Slip Op. 18–94 (CIT
2018).
9 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
8 See
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44263
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. 2018–18827 Filed 8–29–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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Administration
Science Advisory Board; Solicitation
for Members of the NOAA Science
Advisory Board
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Advisory Board.
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E:\FR\FM\30AUN1.SGM
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Agencies
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44262-44263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18827]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-881]
Malleable Cast Iron Pipe Fittings From the People's Republic of
China: Notice of Court Decision Not in Harmony With Final Scope Ruling
and Notice of Amended Final Scope Ruling Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is notifying the public
that the Court of International Trade's (CIT or the Court) final
judgment in this case is not in harmony with Commerce's final scope
ruling and is, therefore, finding that certain cast iron electrical
[[Page 44263]]
conduit articles (electrical conduit articles) imported by Atkore Steel
Components, Inc. (Atkore), are not within the scope of the antidumping
duty order on malleable cast iron pipe fittings (MIPF) from the
People's Republic of China (China).
DATES: Applicable August 13, 2018.
FOR FURTHER INFORMATION CONTACT: Alex Rosen, Office III, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7814.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2016, Atkore submitted a scope request claiming that
electrical conduit articles are outside the scope of the antidumping
duty Order \1\ on MIPF from China.\2\ Commerce issued its Final Scope
Ruling on MIPF on March 16, 2017, finding that electrical conduit
articles were subject to the scope of the Order.\3\ On May 12, 2017,
Atkore filed a complaint with the CIT asking for a review of Commerce's
Final Scope Ruling. On May 15, 2018, the CIT remanded the scope ruling
on two grounds.\4\ First, the CIT held that Commerce's determination
was incorrect with regard to its finding that the scope language in the
Order was unambiguous. Second, the Court held that Commerce's
substantive conclusions, responding to Atkore's arguments about the 19
CFR 351.225(k)(1) sources, were unsupported by substantial evidence.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Certain Malleable Iron Pipe
Fittings from the People's Republic of China, 68 FR 69376 (December
12, 2003) (Order).
\2\ See Atkore's Letter, ``Scope Ruling Request: Malleable Cast
Iron Pipe Fittings from the People's Republic of China (A-570-
881),'' dated October 4, 2016 (Scope Request).
\3\ See Memorandum, ``Antidumping Duty Order on Malleable Cast
Iron Pipe Fittings from the People's Republic of China, Final Scope
Ruling Concerning Cast Iron Electrical Conduit Articles,'' dated
March 16, 2017 (Final Scope Ruling).
\4\ See Atkore Steel Components, Inc., v. United States, Court
No. 17-00077, Slip Op. 18-52 (CIT 2018).
---------------------------------------------------------------------------
Pursuant to the Court's instructions, Commerce issued the Final
Results of Redetermination on Remand.\5\ Consistent with the Court's
instructions, Commerce conducted an analysis of the (k)(1) sources at
the court's direction, but under respectful protest.\6\ Upon further
analysis of the merchandise under consideration, and based on various
351.225(k)(1) sources on the record, Commerce determined that the
record supports a determination that electrical conduit articles are
outside the scope of the Order.\7\ On August 3, 2018, the Court
sustained Commerce's Final Remand Results in their entirety.\8\
---------------------------------------------------------------------------
\5\ See Final Results of Redetermination Pursuant to Court
Remand, Certain Malleable Iron Pipe Fittings from the People's
Republic of China, Atkore Steel Components, Inc., v. United States,
Court No. 17-00077, Slip Op. 18-52 (CIT May 15, 2018), dated July
11, 2018 (Final Remand Results).
\6\ Id. at 2 (citing Viraj Group, Ltd. v. United States, 343
F.3d 1371, 1376 (Fed. Cir. 2003) (Viraj)).
\7\ See Final Remand Results at 16.
\8\ See Atkore Steel Components, Inc. v. United States, Court
No. 17-00077, Slip Op. 18-94 (CIT 2018).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the Court of Appeals for the Federal Circuit (CAFC) held
that, pursuant to section 516A(c) and (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 August 3, 2018, judgment in this case constitutes a final
decision of the court that is not in harmony with Commerce's Final
Scope Ruling. This notice is published in fulfillment of the
publication requirements of Timken. Accordingly, Commerce will continue
the suspension of liquidation of components for MIPF pending expiration
of the period of appeal or, if appealed, pending a final and conclusive
court decision.
---------------------------------------------------------------------------
\9\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Scope Ruling
Because there is now a final court decision with respect to this
case, Commerce is amending its final scope ruling and finds that the
scope of the Order does not cover the electrical conduit articles
specified in Atkore's Scope Request. Commerce will instruct U.S.
Customs and Border Protection (CBP) that the cash deposit rate will be
zero percent for certain electrical conduit articles imported by
Atkore. In the event that the CIT's ruling is not appealed, or if
appealed, upheld by the CAFC, Commerce will instruct CBP to liquidate
entries of Atkore's electrical conduit articles without regard to
antidumping duties, and to lift suspension of liquidation of such
entries.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(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. 2018-18827 Filed 8-29-18; 8:45 am]
BILLING CODE 3510-DS-P