1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination and Notice of Amended Final Determination of Antidumping Duty Investigation, 71377-71378 [2019-27934]

Download as PDF Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices Commerce may have determined had no shipments during the period of review, the cash deposit will continue to be the company-specific rate published for the most recent completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this or an earlier review, or the original-less-than-fair-value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previously completed segment of this proceeding, then the cash deposit rate will be the all-others rate of 7.80 percent established in the LTFV investigation.7 These deposit requirements, when imposed, shall remain in effect until further notice. [FR Doc. 2019–27935 Filed 12–26–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–045] 1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination and Notice of Amended Final Determination of Antidumping Duty Investigation This notice serves as a reminder to parties subject to administrative protective order (APO) to their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 10, 2019, the United States Court of International Trade (the Court) sustained the final results of redetermination pertaining to the antidumping duty (AD) investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People’s Republic of China (China) covering the period July 1, 2015 through December 31, 2015. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the results of the final determination and subsequent amended final determination, and that Commerce is amending the final determination with respect to the margin assigned to Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong Uniphos Chemicals Co., Ltd. (collectively, WW Group). DATES: Applicable December 20, 2019. FOR FURTHER INFORMATION CONTACT: Raymond Lowman, 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) 482–7459. SUPPLEMENTARY INFORMATION: Notification to Interested Parties Background These amended final results and notice are issued and published in accordance with Sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). On March 23, 2017, Commerce published its Final Determination in the investigation of HEDP from China.1 On Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 251.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order jbell on DSKJLSW7X2PROD with NOTICES Dated: December 17, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. 7 See Certain Uncoated Paper From Portugal: Final Determination of Sales at Less than Fair Value and Final Negative Determination of Critical Circumstances, 81 FR 3105 (January 20, 2016). VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 AGENCY: 1 See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the Peoples Republic of China: Final Determination of Sales at Less Than Fair Value, 82 FR 14876 (March 23, 2017) (Final Determination), and accompanying Issues and Decision Memorandum. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 71377 May 18, 2017, Commerce amended the Final Determination to correct ministerial errors.2 On May 10, 2018, at the request of Commerce, the Court remanded the Final Determination to Commerce to reconsider two issues: (1) Commerce’s use of the financial statement from CYDSA S.A.B. de C.V. (CYDSA) for purposes of calculating surrogate financial ratios, and (2) Commerce’s calculation of the surrogate value for ocean freight.3 On remand, Commerce found that reliance on CYDSA’s financial statement was appropriate, and revised its ocean freight calculation to ensure that it did not double count certain fees.4 On December 10, 2019, the Court sustained Commerce’s determination, finding that Commerce’s decision that CYDSA’s financial statement was the best available information to calculate surrogate financial ratios and Commerce’s determination of a surrogate value for ocean freight are supported by substantial evidence and in accordance with the law.5 Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 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 December 10, 2019 judgment sustaining the Final Remand Redetermination constitutes a final decision of the Court that is not in harmony with Commerce’s Final Determination. This notice is published in fulfillment of the publication requirements of Timken. 2 See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the Peoples Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 82 FR 22807 (May 18, 2017). 3 See Nantong Uniphos Chemicals Co., Ltd., et al. v. United States, CIT Court No. 17–00151, Slip Op. 19–156 (December 10, 2019), at 2 n.2. 4 See Final Results of Voluntary Redetermination Pursuant to Remand Nantong Uniphos Chemicals Co., Ltd., et al. v. United States, Consol. Court No. 17–00151 (July 2018) (Final Remand Redetermination). 5 See Nantong Uniphos Chemicals Co., Ltd., et al. v. United States, CIT Court No. 17–00151, Slip Op. 19–156 (December 10, 2019). 6 See Timken Co., v. United States, 893 F. 2d 337 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\27DEN1.SGM 27DEN1 71378 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices Number of Respondents: 2 Average Hours per Response: 15 Because there is now a final court minutes. decision, Commerce is amending its Burden Hours: 1. Final Determination with respect to the Needs and Uses: Example: On May WW Group. Commerce finds that for the 30, 2007, the National Marine Fisheries period July 1, 2015 through December Service (NMFS) published a final rule 31, 2015, the following dumping margin (72 FR 29891) implementing a exists: requirement under the CPS FMP to report any interactions that may occur Weightedbetween a CPS vessel and/or fishing average gear and sea otters. Producer Exporter dumping Specifically, these reporting margin (Percent) requirements are: 1. If a southern sea otter is entangled WW Group ..... WW Group ..... 67.66 in a net, regardless of whether the animal is injured or killed, such an Cash Deposit Requirements occurrence must be reported within 24 Because the WW Group does not have hours to the Regional Administrator, NMFS West Coast Region. a superseding cash deposit rate, i.e., 2. While fishing for CPS, vessel there have been no final results operators must record all observations published in a subsequent of otter interactions (defined as otters administrative review for the WW within encircled nets or coming into Group, Commerce will issue revised contact with nets or vessels, including cash deposit instructions to U.S. but not limited to entanglement) with Customs and Border Protection. their purse seine net(s) or vessel(s). Effective December 20, 2019, the cash With the exception of an entanglement, deposit rate applicable to entries of which will be initially reported as subject merchandise produced and described above, all other observations exported by the WW Group is 67.66 must be reported within 20 days to the percent. Regional Administrator. Notification to Interested Parties When contacting NMFS after an interaction, fishermen are required to This notice is issued and published in provide information regarding the accordance with sections 516A(e), location, specifically latitude and 751(a)(1), and 777(i)(1) of the Act. longitude, of the interaction and a Dated: December 18, 2019. description of the interaction itself. Jeffrey I. Kessler, Descriptive information of the Assistant Secretary for Enforcement and interaction should include: Whether or Compliance. not the otters were seen inside or [FR Doc. 2019–27934 Filed 12–26–19; 8:45 am] outside the net; if inside the net, had the net been completely encircled; did BILLING CODE 3510–DS–P contact occur with net or vessel; the number of otters present; duration of DEPARTMENT OF COMMERCE interaction; otter’s behavior during interaction; and measures taken to avoid National Oceanic and Atmospheric interaction. Administration Affected Public: Business or other forprofit. Submission for OMB Review; Frequency: On occasion. Comment Request Respondent’s Obligation: Mandatory. This information collection request The Department of Commerce will may be viewed at reginfo.gov. Follow submit to the Office of Management and the instructions to view Department of Budget (OMB) for clearance the Commerce collections currently under following proposal for collection of review by OMB. information under the provisions of the Written comments and Paperwork Reduction Act. recommendations for the proposed Agency: National Oceanic and information collection should be sent Atmospheric Administration (NOAA). within 30 days of publication of this Title: Reporting Requirements for Sea notice to OIRA_Submission@ Otter Interactions with the Pacific omb.eop.gov or fax to (202) 395–5806. Sardine Fishery; Coastal Pelagic Species Sheleen Dumas, (CPS) Fishery Management Plan (FMP). OMB Control Number: 0648–0566 Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Form Number(s): None. Department. Type of Request: Regular submission [FR Doc. 2019–27894 Filed 12–26–19; 8:45 am] (Extension of a currently approved collection). BILLING CODE 3510–22–P jbell on DSKJLSW7X2PROD with NOTICES Amended Final Determination VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Basic Requirements for Special Exception Permits and Authorizations to Take, Import, and Export Marine Mammals, Threatened and Endangered Species, and for Maintaining a Captive Marine Mammal Inventory Under the Marine Mammal Protection Act, the Fur Seal Act, and/or the Endangered Species Act. OMB Control Number: 0648–0084. Form Number(s): 89–880, 89–881, 89– 882. Type of Request: Regular (revision of a currently approved collection). Number of Respondents: 963. Average Hours per Response: The estimated average amount of time it takes to complete each information collection instrument is as follows. Scientific research permit applications, 50 hours; public display permit applications, 50 hours; photography permit applications, 10 hours; General Authorization Letters of Intent, 10 hours; major permit modification requests, 35 hours; minor permit modification requests, 3 hours; scientific research permit reports, 12 hours; scientific research parts only permit reports, 8 hours; General Authorization reports, 8 hours; public display permit reports, 2 hours; photography permit reports, 2 hours; public display inventory reporting, 2 hours; and general record keeping, 2 hours per each type. Burden Hours: 6,771. Needs and Uses: The Marine Mammal Protection Act (16 U.S.C. 1361 et seq.; MMPA), Fur Seal Act (16 U.S.C. 1151 et seq.; FSA), and Endangered Species Act (16 U.S.C. 1531 et seq.; ESA) prohibit certain activities affecting marine mammals and endangered and threatened species, with exceptions. Pursuant to Section 104 of the MMPA and Section 10(a)(1)(A) of the ESA, special exception permits may be obtained for scientific research and enhancing the survival or recovery of a species or stock of marine mammals or endangered or threatened species. E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71377-71378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27934]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-045]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Notice of Court Decision Not in Harmony With Final 
Determination and Notice of Amended Final Determination of Antidumping 
Duty Investigation

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

SUMMARY: On December 10, 2019, the United States Court of International 
Trade (the Court) sustained the final results of redetermination 
pertaining to the antidumping duty (AD) investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China (China) covering the period July 1, 2015 through 
December 31, 2015. The Department of Commerce (Commerce) is notifying 
the public that the final judgment in this case is not in harmony with 
the results of the final determination and subsequent amended final 
determination, and that Commerce is amending the final determination 
with respect to the margin assigned to Nanjing University of Chemical 
Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong 
Uniphos Chemicals Co., Ltd. (collectively, WW Group).

DATES: Applicable December 20, 2019.

FOR FURTHER INFORMATION CONTACT: Raymond Lowman, 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) 482-7459.

SUPPLEMENTARY INFORMATION:

Background

    On March 23, 2017, Commerce published its Final Determination in 
the investigation of HEDP from China.\1\ On May 18, 2017, Commerce 
amended the Final Determination to correct ministerial errors.\2\ On 
May 10, 2018, at the request of Commerce, the Court remanded the Final 
Determination to Commerce to reconsider two issues: (1) Commerce's use 
of the financial statement from CYDSA S.A.B. de C.V. (CYDSA) for 
purposes of calculating surrogate financial ratios, and (2) Commerce's 
calculation of the surrogate value for ocean freight.\3\ On remand, 
Commerce found that reliance on CYDSA's financial statement was 
appropriate, and revised its ocean freight calculation to ensure that 
it did not double count certain fees.\4\ On December 10, 2019, the 
Court sustained Commerce's determination, finding that Commerce's 
decision that CYDSA's financial statement was the best available 
information to calculate surrogate financial ratios and Commerce's 
determination of a surrogate value for ocean freight are supported by 
substantial evidence and in accordance with the law.\5\
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    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
Peoples Republic of China: Final Determination of Sales at Less Than 
Fair Value, 82 FR 14876 (March 23, 2017) (Final Determination), and 
accompanying Issues and Decision Memorandum.
    \2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
Peoples Republic of China: Amended Final Determination of Sales at 
Less Than Fair Value, and Antidumping Duty Order, 82 FR 22807 (May 
18, 2017).
    \3\ See Nantong Uniphos Chemicals Co., Ltd., et al. v. United 
States, CIT Court No. 17-00151, Slip Op. 19-156 (December 10, 2019), 
at 2 n.2.
    \4\ See Final Results of Voluntary Redetermination Pursuant to 
Remand Nantong Uniphos Chemicals Co., Ltd., et al. v. United States, 
Consol. Court No. 17-00151 (July 2018) (Final Remand 
Redetermination).
    \5\ See Nantong Uniphos Chemicals Co., Ltd., et al. v. United 
States, CIT Court No. 17-00151, Slip Op. 19-156 (December 10, 2019).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
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 December 
10, 2019 judgment sustaining the Final Remand Redetermination 
constitutes a final decision of the Court that is not in harmony with 
Commerce's Final Determination. This notice is published in fulfillment 
of the publication requirements of Timken.
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    \6\ See Timken Co., v. United States, 893 F. 2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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[[Page 71378]]

Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
its Final Determination with respect to the WW Group. Commerce finds 
that for the period July 1, 2015 through December 31, 2015, the 
following dumping margin exists:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
              Producer                       Exporter           dumping
                                                                margin
                                                               (Percent)
------------------------------------------------------------------------
WW Group............................  WW Group..............       67.66
------------------------------------------------------------------------

Cash Deposit Requirements

    Because the WW Group does not have a superseding cash deposit rate, 
i.e., there have been no final results published in a subsequent 
administrative review for the WW Group, Commerce will issue revised 
cash deposit instructions to U.S. Customs and Border Protection. 
Effective December 20, 2019, the cash deposit rate applicable to 
entries of subject merchandise produced and exported by the WW Group is 
67.66 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: December 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-27934 Filed 12-26-19; 8:45 am]
 BILLING CODE 3510-DS-P