Certain Steel Threaded Rod From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review, 66378-66379 [2019-26215]
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Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices
it finds compelling reasons to deny the
request.
On November 19, 2019, the petitioner
submitted a timely request that
Commerce postpone the preliminary
CVD determination.3 The petitioner
stated that it requests postponement
because without the postponement
Commerce will have insufficient time to
select mandatory respondents, and
Commerce, the petitioner, and
interested parties will have insufficient
time to analyze questionnaire
responses.4
In accordance with 19 CFR
351.205(e), the petitioner has stated the
reasons for requesting a postponement
of the preliminary determination, and
Commerce finds no compelling reason
to deny the request. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the
deadline for the preliminary
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e.,
February 24, 2020.5 Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: November 27, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–26179 Filed 12–3–19; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 3510–DS–P
3 See Petitioner’s Letter, ‘‘Certain Glass
Containers from the People’s Republic of China:
Request to Postpone Preliminary Determination,’’
dated November 19, 2019.
4 Id.
5 Postponing the preliminary determination to
130 days after initiation would place the deadline
on Saturday, February 22, 2020. Commerce’s
practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
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21:17 Dec 03, 2019
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–932]
Certain Steel Threaded Rod From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
of Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 20, 2019, the
United States Court of International
Trade (the Court) sustained the final
results of redetermination pertaining to
the antidumping duty (AD)
administrative review of certain steel
threaded rod (STR) from the People’s
Republic of China (China) covering the
period April 1, 2013 through March 31,
2014. 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
administrative review and that
Commerce is amending the final results
with respect to the separate rate status
assigned to Gem-Year Industrial Co.,
Ltd. (Gem-Year).
DATES: Applicable November 30, 2019.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–4047.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 12, 2015, Commerce
published its Final Results of the 2013–
2014 AD administrative review of STR
from China.1 On February 27, 2019, the
Court remanded the Final Results to
Commerce to reconsider its decision to
reject Gem-Year’s application for
separate rate status and resulting
treatment of Gem-Year as part of the
China-wide entity.2 On remand,
Commerce issued its final results of
redetermination in accordance with the
Court’s order, determining that GemYear had established its eligibility for a
separate rate, and that the use of adverse
1 See Certain Steel Threaded Rod from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 69938 (November 12, 2015) (Final
Results) and accompanying Issues and Decision
Memorandum (IDM).
2 See Hubbell Power Systems, Inc. v. United
States, Court No. 15–00312, Slip Op. 19–25 (CIT
February 27, 2019) (Remand Order).
PO 00000
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facts available was warranted in
determining Gem-Year’s weightedaverage dumping margin.3 On
November 20, 2019, the Court sustained
Commerce’s Final Remand
Redetermination.4
Timken Notice
In its decision in Timken,5 as clarified
by Diamond Sawblades,6 the Court of
Appeals for the Federal Circuit (CAFC)
held that, pursuant to section 516A 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
Court’s November 20, 2019 judgment
sustaining the Final Remand
Redetermination constitutes a final
decision of the Court that is not in
harmony with Commerce’s Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
decision, Commerce is amending its
Final Results with respect to Gem-Year.
Commerce finds that for the period
April 1, 2013 through March 31, 2014
Gem-Year has demonstrated its
eligibility for a separate rate as follows:
Producer/exporter
Weightedaverage
dumping
margin
Gem-Year Industrial Co., Ltd .....
206.00
Accordingly, 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. In the event
the Court’s ruling is not appealed or, if
appealed, upheld by the CAFC,
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on unliquidated
entries of subject merchandise exported
by Gem-Year using the assessment rate
assigned by Commerce, as listed above.
3 See Final Results of Redetermination Pursuant
to Court Remand Hubbell Power Systems, Inc. v.
United States, Court No. 15–00312, Slip Op. 19–25
(CIT February 27, 2019), dated May 20, 2019 (Final
Remand Redetermination).
4 See Hubbell Power Systems, Inc. v. United
States, Court No. 15–00312, Slip Op. 19–145 (CIT
November 20, 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).
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices
Cash Deposit Requirements
Because Gem-Year does not have a
superseding cash deposit rate, i.e., there
have been no final results published in
a subsequent administrative review for
Gem-Year, Commerce will issue revised
cash deposit instructions to CBP.
Effective November 30, 2019, the cash
deposit rate applicable to entries of
subject merchandise exported by GemYear is 206.00 percent.
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: November 27, 2019
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–26215 Filed 12–3–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XR068]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Seabird Research
Activities in Central California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
Letter of Authorization; request for
comments and information.
AGENCY:
NMFS has received a request
from Point Blue Conservation Science
(Point Blue) for authorization to take
small numbers of marine mammals
incidental to seabird research activities
in central California over the course of
five years from the date of issuance.
Pursuant to regulations implementing
the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt
of Point Blue’s request for the
development and implementation of
regulations governing the incidental
taking of marine mammals. NMFS
invites the public to provide
information, suggestions, and comments
on Point Blue’s application and request.
DATES: Comments and information must
be received no later than January 3,
2020.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
21:17 Dec 03, 2019
Jkt 250001
Fisheries Service. Physical comments
should be sent to 1315 East-West
Highway, Silver Spring, MD 20910 and
electronic comments should be sent to
ITP.Fowler@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-researchand-other-activities without change. All
personal identifying information (e.g.,
name, address) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit confidential
business information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of Point Blue’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-researchand-other-activities. In case of problems
accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An incidental take authorization shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth.
NMFS has defined negligible impact
in 50 CFR 216.103 as an impact
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66379
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term take
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines harassment as: Any act of
pursuit, torment, or annoyance, which
(i) has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On September 17, 2019, NMFS
received an application from Point Blue
requesting authorization for take of
marine mammals incidental to seabird
research activities at three research sites
in central California. We determined the
application was adequate and complete
on November 26, 2019. The requested
regulations would be valid for five
years, from July 7, 2020 through July 6,
2025. Point Blue plans to monitor and
census seabird populations, observe
seabird nesting habitat, restore nesting
burrows, and resupply a field station.
The proposed action may incidentally
expose marine mammals occurring in
the vicinity to human presence at
pinniped haulouts, thereby resulting in
incidental take, by Level B harassment
only. Therefore, Point Blue requests
authorization to incidentally take
marine mammals.
NMFS has previously issued nine
Incidental Harassment Authorizations
(IHAs) to Point Blue for similar work
from 2006 through 2018 (72 FR 71121,
December 14, 2007; 73 FR 77011,
December 18, 2008; 75 FR 8677,
February 19, 2010; 77 FR 73989,
December 7, 2012; 78 FR 66686,
November 6, 2013; 80 FR 80321,
December 24, 2015; 81 FR 34978, June
1, 2016; 82 FR 31759, July 7, 2017; 83
FR 31372, July 5, 2018). Point Blue
complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of
the previous IHAs and their monitoring
reports are available online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities.
E:\FR\FM\04DEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66378-66379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26215]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-932]
Certain Steel Threaded Rod From the People's Republic of China:
Notice of Court Decision Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 20, 2019, the United States Court of International
Trade (the Court) sustained the final results of redetermination
pertaining to the antidumping duty (AD) administrative review of
certain steel threaded rod (STR) from the People's Republic of China
(China) covering the period April 1, 2013 through March 31, 2014. 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 administrative review and that Commerce is amending the final
results with respect to the separate rate status assigned to Gem-Year
Industrial Co., Ltd. (Gem-Year).
DATES: Applicable November 30, 2019.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone (202) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2015, Commerce published its Final Results of the
2013-2014 AD administrative review of STR from China.\1\ On February
27, 2019, the Court remanded the Final Results to Commerce to
reconsider its decision to reject Gem-Year's application for separate
rate status and resulting treatment of Gem-Year as part of the China-
wide entity.\2\ On remand, Commerce issued its final results of
redetermination in accordance with the Court's order, determining that
Gem-Year had established its eligibility for a separate rate, and that
the use of adverse facts available was warranted in determining Gem-
Year's weighted-average dumping margin.\3\ On November 20, 2019, the
Court sustained Commerce's Final Remand Redetermination.\4\
---------------------------------------------------------------------------
\1\ See Certain Steel Threaded Rod from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2013-2014, 80 FR 69938 (November 12, 2015) (Final Results) and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Hubbell Power Systems, Inc. v. United States, Court No.
15-00312, Slip Op. 19-25 (CIT February 27, 2019) (Remand Order).
\3\ See Final Results of Redetermination Pursuant to Court
Remand Hubbell Power Systems, Inc. v. United States, Court No. 15-
00312, Slip Op. 19-25 (CIT February 27, 2019), dated May 20, 2019
(Final Remand Redetermination).
\4\ See Hubbell Power Systems, Inc. v. United States, Court No.
15-00312, Slip Op. 19-145 (CIT November 20, 2019).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant
to section 516A 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 Court's November
20, 2019 judgment sustaining the Final Remand Redetermination
constitutes a final decision of the Court that is not in harmony with
Commerce's Final Results. This notice is published in fulfillment of
the publication requirements of Timken.
---------------------------------------------------------------------------
\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 Gem-Year. Commerce finds that for the
period April 1, 2013 through March 31, 2014 Gem-Year has demonstrated
its eligibility for a separate rate as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
------------------------------------------------------------------------
Gem-Year Industrial Co., Ltd............................... 206.00
------------------------------------------------------------------------
Accordingly, 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.
In the event the Court's ruling is not appealed or, if appealed, upheld
by the CAFC, Commerce will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on unliquidated entries of subject
merchandise exported by Gem-Year using the assessment rate assigned by
Commerce, as listed above.
[[Page 66379]]
Cash Deposit Requirements
Because Gem-Year does not have a superseding cash deposit rate,
i.e., there have been no final results published in a subsequent
administrative review for Gem-Year, Commerce will issue revised cash
deposit instructions to CBP. Effective November 30, 2019, the cash
deposit rate applicable to entries of subject merchandise exported by
Gem-Year is 206.00 percent.
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: November 27, 2019
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26215 Filed 12-3-19; 8:45 am]
BILLING CODE 3510-DS-P
