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; 2015-2016, 49363-49364 [2018-21247]

Download as PDF Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices Enterprise Services, Career SES DEPARTMENT OF COMMERCE Dated: September 26, 2018. Joan M. Nagielski, Human Resources Specialist, Office of Employment and Compensation, Department of Commerce Human Resources Operations Center, Office of Human Resources Management, Office of the Secretary, Department of Commerce. [FR Doc. 2018–21268 Filed 9–28–18; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Background Every five years, pursuant to the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) and the International Trade Commission automatically initiate and conduct 49363 reviews to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for November 2018 Pursuant to section 751(c) of the Act, the following Sunset Review are scheduled for initiation in November 2018 and will appear in that month’s Notice of Initiation of Five-Year Sunset Reviews (Sunset Review). Department contact Antidumping duty proceedings Circular Welded Carbon Quality Steel Pipe from China (A–570–910) (2nd Review) ............................. Low Enriched Uranium from France (A–427–818) (3rd Review) ............................................................ Matthew Renkey, (202) 482–2312. Jacqueline Arrowsmith, (202) 482–5255. Countervailing duty proceedings Circular Welded Carbon Quality Steel Pipe from China (C–570–911) (2nd Review) ............................. Joshua Poole, (202) 482–1293. amozie on DSK3GDR082PROD with NOTICES Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in November 2018. Commerce’s procedures for the conduct of Sunset Review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 Dated: September 25, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–21294 Filed 9–28–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Commerce is amending the final results with respect to the dumping margin assigned to the China-wide entity. DATES: Applicable September 17, 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: (202) 482–3931 or (202) 482–7924, respectively. [A–570–836] SUPPLEMENTARY INFORMATION: 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; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 7, 2018, the Court of International Trade (CIT or Court) sustained the final results of remand redetermination 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, 2015, through February 29, 2016. 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 AGENCY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Background In the underlying 2015/2016 administrative review, Commerce selected Jizhou City Huayang Chemical Co., Ltd. (Huayang Chemical) as a mandatory respondent and issued an antidumping duty questionnaire to the company. Huayang Chemical did not respond to the questionnaire and, as a result, Commerce found it ineligible for a separate rate and that it would remain part of the China-wide entity, for which no review was requested.1 At that time, the rate for the China-wide entity was 453.79 percent, as established in Final 1 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review, In Part; 2015–2016; 82 FR 47,474 (October 12, 2017) (Final Results 15–16) and accompanying issues and decision memorandum at Comment 3. E:\FR\FM\01OCN1.SGM 01OCN1 49364 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES Results 12–13.2 The rate of 453.79 percent was originally calculated in Final Results 10–11 for respondent Baoding Mantong Fine Chemistry Co., Ltd. (Baoding Mantong).3 Baoding Mantong challenged that rate in Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Consol. Ct. No. 12–00362. In that separate proceeding, this Court twice remanded the calculation of the rate to Commerce, sustaining Commerce’s second remand redetermination, which reduced Baoding Mantong’s calculated margin to 0.00 percent for the Final Results 10– 11.4 During the 2015/2016 administrative review, Pharm-Rx Chemical Corporation (Pharm-Rx) challenged Commerce’s application of the rate of 453.79 percent to the China-wide entity in Final Results 15–16.5 However, Commerce declined to change the rate, as the litigation concerning Final Results 10–11 had not yet resulted in a final judgment, and the China-wide entity was not under review for the 2015/2016 period.6 In light of the final judgment issued in Baoding Mantong, the Court granted Commerce’s motion for a voluntary remand to reevaluate its application of the China-wide entity rate to Huayang Chemical in Final Results 15–16. In the Final Results of Redetermination, Commerce selected as the China-wide rate for the 2015/2016 review review the China-wide rate stemming from the underlying less-than-fair-value investigation.7 This rate, set at 155.89 percent, had been in effect prior to the China-wide rate being set at 453.79 percent in Final Results 12–13. On September 7, 2018, the Court sustained the Final Results of Redetermination.8 2 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012–2013, 79 FR 64,746, 64,748 (October 31, 2014) (Final Results 12–13). 3 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 64,100, 64,101 (October 18, 2012) (Final Results 10–11). 4 See Baoding Mantong Fine Chemistry Co., Ltd., Slip Op. 17–169, 279 F. Supp. 3d 1321 (Ct. Int’l Trade Dec. 20, 2017) (Baoding Mantong). In an earlier decision, Baoding Mantong Fine Chemistry Co., Ltd., 41 CIT ___, 222 F. Supp. 3d 1231 (Ct. Int’l Trade 2017), the Court sustained an initial revision by Commerce of Baoding Mantong’s rate to 64.97 percent. 5 See Final Results 15–16 at Comment 3. 6 Id. 7 See ‘‘Final Results of Redetermination Pursuant to Court Remand,’’ dated June 4, 2018 (Final Results of Redetermination). See also ‘‘Antidumping Duty Order: Glycine from the People’s Republic of China,’’ 60 FR 16,116, (March 29, 1995). 8 See Pharm-Rx Chemical Corporation v. United States, Court No. 17–00268, Slip Op. 18–113 (CIT September 7, 2018). VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 Timken Notice In its decision in Timken,9 as clarified by Diamond Sawblades,10 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 September 7, 2018, final judgment sustaining the Final Results of Redetermination constitutes a final decision of the Court that is not in harmony with Final Results 15–16. 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 Final Results 15–16 with respect to the Chinawide rate previously assigned to the exporter. Based on the Final Results of Redetermination, as sustained by the CIT, the revised China-wide rate, for the period March 1, 2015, through February 28, 2016, is as follows: Producer or exporter Weightedaverage dumping margin (percent) China-wide Entity .................. 155.89 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 Pharm-Rx. Cash Deposit Requirements As the China-wide entity’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 the China-wide entity to 155.89 percent, effective September 17, 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. 9 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 10 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Dated: September 25, 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. 2018–21247 Filed 9–28–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG520 Western Pacific Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings and partially closed meeting. AGENCY: The Western Pacific Fishery Management Council (Council) will hold its 130th Scientific and Statistical Committee (SSC) meeting and its 174th Council meeting to take actions on fishery management issues in the Western Pacific Region. A portion of the 174th Council meeting will be closed to the public. The Council will also hold meetings of the following advisory groups and standing committees: Mariana Archipelago Advisory Panel (AP); Commonwealth of the Northern Mariana Islands (CNMI) Regional Ecosystem Advisory Committee (REAC); Pelagic and International Standing Committee (P&I SC); Fishery Data Collection and Research Committee (FDCRC); Executive and Budget Standing Committee (E&B SC); and Guam REAC. DATES: The meetings will be held between October 15 and October 27, 2018. For specific times and agendas, see SUPPLEMENTARY INFORMATION. ADDRESSES: The 130th SSC will be held at the Naniloa Hotel DoubleTree by Hilton, 93 Banyan Dr, Hilo, HI 96720. The Mariana Archipelago AP and Guam REAC will be held at Hilton Guam Resort and Spa, 202 Hilton Road, Tumon Bay, Guam 96913, phone: (671) 646–1835. The CNMI REAC, P&I SC, FDCRC, and E&B SC will be held at the Saipan Fiesta Resort and Spa, P.O. Box 501029, Saipan, MP 96950, telephone: (670) 234–6412. The first two days of the 174th Council meeting and the CNMI Fishers Forum will be held at Saipan Fiesta Resort and Spa, P.O. Box 501029, Saipan, MP 96950, telephone: (670) 234–6412 and the last two days of SUMMARY: E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49363-49364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21247]


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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 and Notice of Amended Final Results; 2015-2016

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

SUMMARY: On September 7, 2018, the Court of International Trade (CIT or 
Court) sustained the final results of remand redetermination 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, 2015, through February 29, 2016. 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 the China-wide entity.

DATES: Applicable September 17, 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: (202) 482-3931 or (202) 482-7924, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In the underlying 2015/2016 administrative review, Commerce 
selected Jizhou City Huayang Chemical Co., Ltd. (Huayang Chemical) as a 
mandatory respondent and issued an antidumping duty questionnaire to 
the company. Huayang Chemical did not respond to the questionnaire and, 
as a result, Commerce found it ineligible for a separate rate and that 
it would remain part of the China-wide entity, for which no review was 
requested.\1\ At that time, the rate for the China-wide entity was 
453.79 percent, as established in Final

[[Page 49364]]

Results 12-13.\2\ The rate of 453.79 percent was originally calculated 
in Final Results 10-11 for respondent Baoding Mantong Fine Chemistry 
Co., Ltd. (Baoding Mantong).\3\ Baoding Mantong challenged that rate in 
Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Consol. Ct. 
No. 12-00362. In that separate proceeding, this Court twice remanded 
the calculation of the rate to Commerce, sustaining Commerce's second 
remand redetermination, which reduced Baoding Mantong's calculated 
margin to 0.00 percent for the Final Results 10-11.\4\
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    \1\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Rescission of 
Administrative Review, In Part; 2015-2016; 82 FR 47,474 (October 12, 
2017) (Final Results 15-16) and accompanying issues and decision 
memorandum at Comment 3.
    \2\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 
64,746, 64,748 (October 31, 2014) (Final Results 12-13).
    \3\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review, 77 FR 64,100, 
64,101 (October 18, 2012) (Final Results 10-11).
    \4\ See Baoding Mantong Fine Chemistry Co., Ltd., Slip Op. 17-
169, 279 F. Supp. 3d 1321 (Ct. Int'l Trade Dec. 20, 2017) (Baoding 
Mantong). In an earlier decision, Baoding Mantong Fine Chemistry 
Co., Ltd., 41 CIT ___, 222 F. Supp. 3d 1231 (Ct. Int'l Trade 2017), 
the Court sustained an initial revision by Commerce of Baoding 
Mantong's rate to 64.97 percent.
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    During the 2015/2016 administrative review, Pharm-Rx Chemical 
Corporation (Pharm-Rx) challenged Commerce's application of the rate of 
453.79 percent to the China-wide entity in Final Results 15-16.\5\ 
However, Commerce declined to change the rate, as the litigation 
concerning Final Results 10-11 had not yet resulted in a final 
judgment, and the China-wide entity was not under review for the 2015/
2016 period.\6\
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    \5\ See Final Results 15-16 at Comment 3.
    \6\ Id.
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    In light of the final judgment issued in Baoding Mantong, the Court 
granted Commerce's motion for a voluntary remand to reevaluate its 
application of the China-wide entity rate to Huayang Chemical in Final 
Results 15-16. In the Final Results of Redetermination, Commerce 
selected as the China-wide rate for the 2015/2016 review review the 
China-wide rate stemming from the underlying less-than-fair-value 
investigation.\7\ This rate, set at 155.89 percent, had been in effect 
prior to the China-wide rate being set at 453.79 percent in Final 
Results 12-13. On September 7, 2018, the Court sustained the Final 
Results of Redetermination.\8\
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    \7\ See ``Final Results of Redetermination Pursuant to Court 
Remand,'' dated June 4, 2018 (Final Results of Redetermination). See 
also ``Antidumping Duty Order: Glycine from the People's Republic of 
China,'' 60 FR 16,116, (March 29, 1995).
    \8\ See Pharm-Rx Chemical Corporation v. United States, Court 
No. 17-00268, Slip Op. 18-113 (CIT September 7, 2018).
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ 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 September 7, 2018, final judgment sustaining the Final Results of 
Redetermination constitutes a final decision of the Court that is not 
in harmony with Final Results 15-16. 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.
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    \9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results of Review

    Because there is now a final court decision, Commerce is amending 
Final Results 15-16 with respect to the China-wide rate previously 
assigned to the exporter. Based on the Final Results of 
Redetermination, as sustained by the CIT, the revised China-wide rate, 
for the period March 1, 2015, through February 28, 2016, is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Producer or exporter                        margin
                                                            (percent)
------------------------------------------------------------------------
China-wide Entity......................................          155.89
------------------------------------------------------------------------

    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 
Pharm-Rx.

Cash Deposit Requirements

    As the China-wide entity'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 the China-wide 
entity to 155.89 percent, effective September 17, 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: September 25, 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. 2018-21247 Filed 9-28-18; 8:45 am]
 BILLING CODE 3510-DS-P