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]

Download as PDF 44262 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices institutions, and States. The Secretary’s list will ensure balance and a diversity of perspectives. The Secretary’s nominees will be prominent in their fields, recognized for their professional and other relevant achievements. As necessary, the Board may establish, with the consent or at the direction of the Office of the Under Secretary of Economic Affairs and the Office of the Secretary, such subcommittees as it considers necessary for the performance of its functions. All subcommittees must report back to the full Board, members and subcommittees must not provide advice or work products directly to any Federal agency or official. Appointed Board members will serve for a term of up to two years (the balance of the initial term of the Board). 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A nomination package should include the following information for each nominee: (1) A letter of nomination stating the name, affiliation, and contact information for the nominee, the basis for the nomination (i.e., what specific attributes recommend him/her for service in this capacity), and the VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 nominee’s field(s) of experience; (2) a biographical sketch of the nominee and a copy of his/her curriculum vitae; and (3) the name, return address, email address, and daytime telephone number at which the nominator can be contacted. The President and the Secretary encourage nominations for appropriately qualified female, minority, or disabled candidates. The President and the Secretary also encourage geographic diversity in the composition of the Board. All nomination information should be provided in a single, complete package by midnight on October 1, 2018. Interested applicants should send their nomination package to American WorkforcePolicyAdvisoryBoard@ doc.gov. Dated: August 23, 2018. Jeremy Pelter, Chief Financial Officer and Director of Administration for the Economics and Statistics Administration. [FR Doc. 2018–18893 Filed 8–29–18; 8:45 am] BILLING CODE 3510–06–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting The Regulations and Procedures Technical Advisory Committee (RPTAC) will meet September 25, 2018, 9:00 a.m., Room 3884, in the Herbert C. Hoover Building, 14th Street between Constitution and Pennsylvania Avenues NW, Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on implementation of the Export Administration Regulations (EAR) and provides for continuing review to update the EAR as needed. Agenda Public Session 1. Opening remarks by the Chairman 2. 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However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Lewis via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on March 23, 2018, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d)), that the portion of the meeting dealing with predecisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Joanna Lewis at (202) 482–6440. Joanna Lewis, Committee Liaison Officer. [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: E:\FR\FM\30AUN1.SGM 30AUN1 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)). VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 National Oceanic and Atmospheric Administration Science Advisory Board; Solicitation for Members of the NOAA Science Advisory Board Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of solicitation for members of the NOAA Science Advisory Board. AGENCY: NOAA is soliciting nominations for members of the NOAA Science Advisory Board (SAB). The SAB is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans, Atmosphere, and NOAA Administrator on long- and short-range strategies for research, education, and application of science to resource management and environmental assessment and prediction. The SAB consists of approximately fifteen members reflecting the full breadth of NOAA’s areas of responsibility and assists NOAA in maintaining a complete and accurate understanding of scientific issues critical to the agency’s missions. DATES: Nominations should be sent to the web address specified below and must be received by October 15, 2018. ADDRESSES: Applications should be submitted electronically to noaa.sab.newmembers@noaa.gov. FOR FURTHER INFORMATION CONTACT: Dr. Cynthia Decker, Executive Director, Science Advisory Board, NOAA, Rm. 11230, 1315 East-West Highway, Silver Spring, Maryland 20910 (Phone: 301– 734–1156, Fax: 301–713–1459, Email: Cynthia.Decker@noaa.gov); or visit the NOAA SAB website at https:// www.sab.noaa.gov. SUPPLEMENTARY INFORMATION: At this time, individuals are sought with expertise in cloud computing, artificial intelligence and data management; weather modeling and data assimilation; remote/autonomous sensing technology; SUMMARY: E:\FR\FM\30AUN1.SGM 30AUN1

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[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]


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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

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