Polyethylene Terephthalate Film, Sheet, and Strip From India: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review, 2015-2016; and Notice of Amended Final Results of the Antidumping Duty Administrative Review, 2015-2016, 37832-37833 [2019-16656]

Download as PDF 37832 Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Notices Dated: July 29, 2019. Elizabeth Whiteman, Acting Executive Secretary. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [FR Doc. 2019–16553 Filed 8–1–19; 8:45 am] [S–149–2019] BILLING CODE 3510–DS–P jbell on DSK3GLQ082PROD with NOTICES Foreign-Trade Zone 22—Chicago, Illinois; Application for Subzone Expansion; Abbott Laboratories, Elk Grove Village, Illinois DEPARTMENT OF COMMERCE Bureau of Industry and Security An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Illinois International Port District, grantee of FTZ 22, requesting an expansion of Subzone 22F on behalf of Abbott Laboratories (Abbott), located in Elk Grove Village, Illinois. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on July 29, 2019. Subzone 22F currently consists of the following sites: Site 2 (480 acres) One Abbott Park Road, North Chicago; Site 3 (129 acres) Atkinson Road, North Chicago; Site 4 (42 acres) 22nd Street, North Chicago; Site 5 (17 acres) 1300 East Touhy, Des Plaines; and, Site 7 (0.7 acres) 800 Brummel Avenue, Elk Grove Village. The proposed expansion would include an additional 0.7 acres within existing Site 7 of the subzone. No authorization for expanded production activity has been requested at this time. The subzone will be subject to the existing activation limit of FTZ 22. In accordance with the Board’s regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is September 11, 2019. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to September 26, 2019. A copy of the application will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. VerDate Sep<11>2014 18:02 Aug 01, 2019 Jkt 247001 Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting The Materials Processing Equipment Technical Advisory Committee (MPETAC) will meet on August 20, 2019, 9 a.m., Room 3884, in the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW, Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials processing equipment and related technology. Open Session 1. Opening remarks and introductions. 2. Presentation of papers and comments by the Public. 3. Discussions on results from last, and proposals from last Wassenaar meeting. 4. Report on proposed and recently issued changes to the Export Administration Regulations. 5. Other business. Closed Session 6. Discussion of matters determined to 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 open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov, no later than August 13, 2019. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. 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. Springer via email. Frm 00008 Yvette Springer, Committee Liaison Officer. [FR Doc. 2019–16470 Filed 8–1–19; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration Agenda PO 00000 The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on April 19, 2019, 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 matters the premature disclosure of which would be likely to frustrate significantly implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) 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 Yvette Springer at (202) 482–2813. Fmt 4703 Sfmt 4703 [A–533–824] Polyethylene Terephthalate Film, Sheet, and Strip From India: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review, 2015– 2016; and Notice of Amended Final Results of the Antidumping Duty Administrative Review, 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 23, 2019, the United States Court of International Trade (CIT) issued its final judgment sustaining the final results of redetermination pertaining to the 2015–2016 antidumping duty (AD) administrative review of polyethylene terephthalate film, sheet, and strip (PET Film) from India. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final results of the AD administrative review, and that Commerce is amending the final results with respect to the weighted-average dumping margin assigned to Jindal Poly Films Limited of India. DATES: Applicable July 23, 2019. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office IV, Enforcement and Compliance—International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–5255. AGENCY: E:\FR\FM\02AUN1.SGM 02AUN1 37833 Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Notices appealed, pending a final and conclusive court decision. SUPPLEMENTARY INFORMATION: Background On February 13, 2018, Commerce published the Final Results.1 Subsequently, Jindal Poly Films Limited of India (Jindal), a mandatory respondent in the underlying proceeding, filed suit at the CIT to challenge certain aspects of the Final Results. On March 11, 2019, the CIT remanded the Final Results to Commerce, to further explain its decision to deny Jindal’s claimed Financing Charges Discount and the Exclusive Dealer Discount post-sale adjustments, finding that Commerce had failed to articulate its reasoning for denying the adjustments.2 On July 10, 2019, Commerce issued its Remand Results, in which it granted post-sale price adjustments for Jindal’s Financing Charges Discount and Exclusive Dealer Discount.3 On July 23, 2019, the CIT sustained Commerce’s Remand Results, and entered final judgment.4 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 July 23, 2019, judgment sustaining Commerce’s Remand Results constitutes a final decision of that court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Commerce will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or if Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1) and 777(i)(1) of the Act. Amended Final Results Because there is now a final court decision, Commerce is amending its Final Results with respect to Jindal’s weighted-average dumping margin. The revised weighted-average dumping margin for Jindal for the July 1, 2015, through June 30, 2016, period of review is as follows: Weightedaverage dumping margin (percent) Producer or exporter Jindal Poly Films Limited of India 7 ...................................... 0.87 In the event the CIT’s ruling is not appealed or, if appealed, is upheld by a final and conclusive court decision, Commerce will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise based on the revised rates calculated by Commerce in the Remand Results and listed above. Cash Deposit Requirements Because the cash deposit rate for the company listed above, has been superseded by a cash deposit rate calculated in an intervening administrative review of the antidumping duty order on PET Film from India,8 we will not alter the cash deposit rate currently in effect for these respondents based on these amended final results. Effective March 13, 2019, the cash deposit rate applicable to entries of subject merchandise exported by Jindal is 5.95 percent. Dated: July 30, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–16656 Filed 8–1–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE 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 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 September 2019 Pursuant to section 751(c) of the Act, the following Sunset Review is scheduled for initiation in September 2019 and will appear in that month’s Notice of Initiation of Five-Year (Sunset) Review (Sunset Review). Department contact jbell on DSK3GLQ082PROD with NOTICES Antidumping Duty Proceedings Refined Brown Aluminum Oxide from China (A–570–882) (3rd Review) ............................................................. Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in September 2019. 1 See Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Antidumping Duty Administrative Review; 2015–2016, 83 FR 6162 (February 13, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Jindal Poly Films Limited of India v. United States, Court No. 18–00038, Slip Op. 19–31 (CIT 2019). 3 See Final Results of Redetermination Pursuant to Court Remand, Jindal Poly Films Limited of India v. United States, Court No. 18–00038 (July 10, 2019) (Remand Results). VerDate Sep<11>2014 18:02 Aug 01, 2019 Jkt 247001 4 See Jindal Poly Films Limited of India v. United States, Court No. 18–00038, Slip Op. 19–91 (CIT 2019). 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). 7 The Initiation Notice also lists the company as Jindal Poly Films Ltd. (India). See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 62720, (September 12, 2016). As noted in the Preliminary Decision PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Joshua Poole (202) 482–1293. Memoranda, dated concurrently with the Federal Register notice, the Department has determined that Jindal Poly Films Limited of India is the same company as Jindal Poly Films Ltd. (India). See Polyethylene Terephthalate Film, Sheet, and Strip from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2015–2016 82 FR 36735 (August 7, 2017). 8 See Polyethylene Terephthalate Film, Sheet, and Strip from India: Final Results of Antidumping Duty Administrative Review; 2016–2017, 84 FR 9092 (March 13, 2019), and accompanying IDM. E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37832-37833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16656]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-824]


Polyethylene Terephthalate Film, Sheet, and Strip From India: 
Notice of Court Decision Not in Harmony With the Final Results of the 
Antidumping Duty Administrative Review, 2015-2016; and Notice of 
Amended Final Results of the Antidumping Duty Administrative Review, 
2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 23, 2019, the United States Court of International 
Trade (CIT) issued its final judgment sustaining the final results of 
redetermination pertaining to the 2015-2016 antidumping duty (AD) 
administrative review of polyethylene terephthalate film, sheet, and 
strip (PET Film) from India. The Department of Commerce (Commerce) is 
notifying the public that the final judgment in this case is not in 
harmony with the final results of the AD administrative review, and 
that Commerce is amending the final results with respect to the 
weighted-average dumping margin assigned to Jindal Poly Films Limited 
of India.

DATES: Applicable July 23, 2019.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-5255.

[[Page 37833]]


SUPPLEMENTARY INFORMATION:

Background

    On February 13, 2018, Commerce published the Final Results.\1\ 
Subsequently, Jindal Poly Films Limited of India (Jindal), a mandatory 
respondent in the underlying proceeding, filed suit at the CIT to 
challenge certain aspects of the Final Results. On March 11, 2019, the 
CIT remanded the Final Results to Commerce, to further explain its 
decision to deny Jindal's claimed Financing Charges Discount and the 
Exclusive Dealer Discount post-sale adjustments, finding that Commerce 
had failed to articulate its reasoning for denying the adjustments.\2\ 
On July 10, 2019, Commerce issued its Remand Results, in which it 
granted post-sale price adjustments for Jindal's Financing Charges 
Discount and Exclusive Dealer Discount.\3\ On July 23, 2019, the CIT 
sustained Commerce's Remand Results, and entered final judgment.\4\
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Final Results of Antidumping Duty Administrative Review; 
2015-2016, 83 FR 6162 (February 13, 2018) (Final Results), and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Jindal Poly Films Limited of India v. United States, 
Court No. 18-00038, Slip Op. 19-31 (CIT 2019).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Jindal Poly Films Limited of India v. United States, Court 
No. 18-00038 (July 10, 2019) (Remand Results).
    \4\ See Jindal Poly Films Limited of India v. United States, 
Court No. 18-00038, Slip Op. 19-91 (CIT 2019).
---------------------------------------------------------------------------

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 July 23, 
2019, judgment sustaining Commerce's Remand Results constitutes a final 
decision of that court that is not in harmony with Commerce's Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken. Commerce will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal, or if appealed, 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

    Because there is now a final court decision, Commerce is amending 
its Final Results with respect to Jindal's weighted-average dumping 
margin. The revised weighted-average dumping margin for Jindal for the 
July 1, 2015, through June 30, 2016, period of review is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Producer or  exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Jindal Poly Films Limited of India \7\.....................        0.87
------------------------------------------------------------------------

    In the event the CIT's ruling is not appealed or, if appealed, is 
upheld by a final and conclusive court decision, Commerce will instruct 
U.S. Customs and Border Protection to assess antidumping duties on 
unliquidated entries of subject merchandise based on the revised rates 
calculated by Commerce in the Remand Results and listed above.
---------------------------------------------------------------------------

    \7\ The Initiation Notice also lists the company as Jindal Poly 
Films Ltd. (India). See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 81 FR 62720, (September 12, 2016). As 
noted in the Preliminary Decision Memoranda, dated concurrently with 
the Federal Register notice, the Department has determined that 
Jindal Poly Films Limited of India is the same company as Jindal 
Poly Films Ltd. (India). See Polyethylene Terephthalate Film, Sheet, 
and Strip from India: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review; 2015-2016 82 FR 36735 
(August 7, 2017).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Because the cash deposit rate for the company listed above, has 
been superseded by a cash deposit rate calculated in an intervening 
administrative review of the antidumping duty order on PET Film from 
India,\8\ we will not alter the cash deposit rate currently in effect 
for these respondents based on these amended final results. Effective 
March 13, 2019, the cash deposit rate applicable to entries of subject 
merchandise exported by Jindal is 5.95 percent.
---------------------------------------------------------------------------

    \8\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
India: Final Results of Antidumping Duty Administrative Review; 
2016-2017, 84 FR 9092 (March 13, 2019), and accompanying IDM.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 30, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-16656 Filed 8-1-19; 8:45 am]
 BILLING CODE 3510-DS-P