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]
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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.
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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
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2. Presentation of papers and
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3. Discussions on results from last,
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4. Report on proposed and recently
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5. Other business.
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The open session will be accessible
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a first come, first serve basis. To join the
conference, submit inquiries to Ms.
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bis.doc.gov, no later than August 13,
2019.
A limited number of seats will be
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extent that time permits, members of the
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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.
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[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).
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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
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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.
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]]>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]
-----------------------------------------------------------------------
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
