Aluminum Extrusions From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination and Notice of Amended Final Determination of Circumvention Pursuant to Court Decision, 298-299 [2019-28389]
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Notices
between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION: The
purpose of the meeting is to:
(1) Approve previous minutes;
(2) Summarize status of previously
approved and funded projects;
(3) Discuss any new projects for
which project submission forms have
been completed by the deadline of
December 27, 2020 and provided in the
pre-work package; and
(4) Following the public meeting:
Vote on projects to move forward for
funding approval.
The agenda will include time for
people to make oral statement of three
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in writing by Tuesday, January 7, 2020,
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who would like to bring related matters
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committee staff before or after the
meeting. Written comments and
requests for time for oral comments
must be sent by January 7, 2020 to
Robin Hasselquist, RAC Coordinator,
8510 Mendenhall Loop Road, Juneau,
Alaska 99801 or by email to
robin.hasselquist@usda.gov, or via
facsimile 907–586–8808. The agenda
will also include time for people to
describe new projects that they
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submission form due via email by
December 27, 2019 to
robin.hasselquist@usda.gov or via
facsimile 907–586–8808. To receive a
copy of the project submission form
please contact Robin Hasselquist.
Project statements will be limited to
three minutes.
Dated: December 27, 2019.
Ann Goode,
Acting Director, Office of Regulatory and
Management Services, USDA Forest Service.
[FR Doc. 2019–28351 Filed 1–2–20; 8:45 am]
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 December 26,
2019.
The proposed subzone (22.95 acres) is
located at 5100 Lake Terrace Drive, Mt.
Vernon. No authorization for production
activity has been requested at this time.
The proposed subzone would be subject
to the existing activation limit of FTZ
31.
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
February 12, 2020. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to February 27, 2020.
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.
Dated: December 26, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–28331 Filed 1–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967; C–570–968]
BILLING CODE 3411–15–P
Aluminum Extrusions From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Determination and Notice of
Amended Final Determination of
Circumvention Pursuant to Court
Decision
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–266–2019]
jbell on DSKJLSW7X2PROD with NOTICES
Foreign-Trade Zone 31—Granite City,
Illinois; Application for Subzone;
Walgreen Co.; Mt. Vernon, Illinois
An application has been submitted to
the Foreign-Trade Zones Board (the
Board) by America’s Central Port
District, grantee of FTZ 31, requesting
subzone status for the facility of
Walgreen Co., located in Mt. Vernon,
VerDate Sep<11>2014
17:29 Jan 02, 2020
Jkt 250001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2019, the
United States Court of International
Trade (the Court) issued final judgment
in Tai-Ao Aluminum (Taishan) Co., Ltd.
et al. v. United States, Consol. Court No.
17–00216, Slip Op. 19–164 (CIT
AGENCY:
PO 00000
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December 18, 2019), sustaining the
Department of Commerce’s (Commerce)
remand results for the anticircumvention determination of the
antidumping duty (AD) and
countervailing duty (CVD) orders on
aluminum extrusions from the People’s
Republic of China (China). Commerce is
notifying the public that the Court has
made a final judgment that is not in
harmony with Commerce’s final
circumvention determination, and that
Commerce is amending the final
circumvention determination with
respect to certain importers.
DATES: December 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Heather Lui or Erin Kearney, 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) 482–0016 or (202) 482–0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Final
Circumvention Determination on July
26, 2017, finding that certain extruded
aluminum products that meet the
chemical specifications for 5050-grade
aluminum alloy, which are heat-treated,
are circumventing the AD and CVD
orders 1 on aluminum extrusions from
China.2 Tai-Ao Aluminum (Taishan)
Co., Ltd. and TAAL America Ltd.
(collectively, Tai-Ao) and Regal Ideas
Inc. (Regal) filed an action before the
Court to challenge Commerce’s Final
Circumvention Determination.
On June 7, 2019, the Court affirmed
Commerce’s determination that heattreated extruded aluminum products
from China that meet the chemical
specifications for 5050-grade aluminum
alloy, regardless of producer, exporter,
or importer, are circumventing the
Orders under section 781(d) of the Tariff
Act of 1930, as amended (the Act) as
later-developed merchandise.3
However, the Court found that
1 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011); and Aluminum Extrusions
from the People’s Republic of China: Countervailing
Duty Order, 76 FR 30653 (May 26, 2011)
(collectively, Orders).
2 See Aluminum Extrusions from the People’s
Republic of China: Affirmative Final Determination
of Circumvention of the Antidumping and
Countervailing Duty Orders and Rescission of Minor
Alterations Anti-Circumvention Inquiry, 82 FR
34630 (July 26, 2017) (Final Circumvention
Determination) and accompanying Issues and
Decision Memorandum.
3 See Tai-Ao Aluminum (Taishan) Co., Ltd. et al.
v. United States, Court No. 17–00216, Slip Op. 19–
70 (CIT June 7, 2019) (Remand Order).
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03JAN1
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Commerce erred in retroactively
applying the determination to the date
of the Initiation Notice,4 rather than the
date of the Preliminary Determination,5
with respect to Tai-Ao and Regal, and
remanded the issue to Commerce ‘‘to
reformulate its liquidation instructions
consistent with this opinion {.}’’ 6
Commerce issued its Results of
Redetermination on July 22, 2019, in
which it stated its intent to instruct U.S.
Customs and Border Protection (CBP)
that entries of extruded aluminum
products that meet the chemical
specifications for 5050 grade aluminum
alloy and are heat-treated, are outside
the scope of the Orders if they: (1) Were
the subject of Commerce’s Final
Circumvention Determination; (2) were
exported from China by Tai-Ao
Aluminum (Taishan) Co., Ltd. and/or
imported into the United States by
TAAL America Ltd.; (3) were entered, or
withdrawn from warehouse, for
consumption during the period March
21, 2016 through November 13, 2016;
and (4) remain unliquidated as of
September 15, 2017.7 Commerce
included draft instructions to CBP
related to Tai-Ao in its Results of
Redetermination and stated its intent to
issue those instructions: (1) Should the
Court issue a final decision in which it
affirms Commerce’s final remand
redetermination; and (2) after Commerce
has issued its ‘‘Notice of Court Decision
Not in Harmony With Final
Determination of Circumvention and
Notice of Amended Final Determination
of Circumvention Pursuant to Court
Decision.’’ 8 With respect to Regal,
Commerce stated in its Results of
Redetermination that there are no
applicable entries which have been
imported by Regal during the period
March 21, 2016 through November 13,
2016. Accordingly, Commerce did not
prepare instructions with respect to
Regal.9
On December 18, 2019, the Court
sustained Commerce’s Results of
4 See Aluminum Extrusions from the People’s
Republic of China: Initiation of Anti-Circumvention
Inquiry, 81 FR 15039 (March 21, 2016) (Initiation
Notice).
5 See Aluminum Extrusions from the People’s
Republic of China: Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders and
Intent To Rescind Minor Alterations AntiCircumvention Inquiry, 81 FR 79444 (November 14,
2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
6 See Remand Order.
7 See Final Results of Redetermination Pursuant
to Court Remand, Tai-Ao Aluminum (Taishan) Co.,
Ltd. et al. v. United States, Court No. 17–00216,
Slip Op. 19–70 (CIT June 7, 2019), dated July 22,
2019 (Results of Redetermination).
8 Id.
9 Id.
VerDate Sep<11>2014
17:29 Jan 02, 2020
Jkt 250001
Redetermination, and entered final
judgment.10
Timken Notice
Amended Final Determination of
Circumvention
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
CBP that entries of extruded aluminum
products that meet the chemical
specifications for 5050 grade aluminum
alloy and are heat-treated, are outside
the scope of the Orders if they: (1) Were
the subject of Commerce’s Final
Circumvention Determination; (2) were
exported from China by Tai-Ao
Aluminum (Taishan) Co., Ltd. and/or
imported into the United States by
TAAL America Ltd.; (3) were entered, or
withdrawn from warehouse, for
consumption during the period March
21, 2016 through November 13, 2016;
and (4) remain unliquidated as of
September 15, 2017.
This notice is issued and published in
accordance with sections 516(A)(e),
781(d), and 777(i)(1) of the Act.
Dated: December 27, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–28389 Filed 1–2–20; 8:45 am]
BILLING CODE 3510–DS–P
10 See Tai-Ao Aluminum (Taishan) Co., Ltd. et al.
v. United States, Court No. 17–00216, Slip Op. 19–
164 (CIT Dec. 18, 2019).
11 See Timken Co., v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
Frm 00003
Fmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–809]
In its decision in Timken,11 as
clarified by Diamond Sawblades,12 the
United States Court of Appeals for the
Federal Circuit (CAFC) held that,
pursuant to section 516A(e) of 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 18, 2019
judgment sustaining Commerce’s
Results of Redetermination constitutes a
final decision of the Court that is not in
harmony with Commerce’s Final
Circumvention Determination. This
notice is published in fulfillment of the
publication requirement of Timken.
PO 00000
299
Sfmt 4703
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From the
Russian Federation: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
Novolipetsk Steel (NLMK), Severstal
PAO, and Severstal Export GmbH made
no shipments of certain hot-rolled flatrolled carbon-quality steel products
(hot-rolled steel) from the Russian
Federation during the period of review
(POR) of December 1, 2017 through
November 30, 2018.
DATES: Applicable January 3, 2020.
FOR FURTHER INFORMATION CONTACT:
Preston N. Cox, 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) 482–5041.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 7, 2019, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results, but we received
no comments. Accordingly, we made no
changes to the Preliminary Results.
Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
For the purposes of this order, ‘‘hotrolled steel’’ means certain hot-rolled
flat-rolled carbon-quality steel products
of a rectangular shape, of a width of 0.5
inch or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers)
regardless of thickness, and in straight
lengths, of a thickness less than 4.75
mm and of a width measuring at least
10 times the thickness.
Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a
1 See Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products from the Russian Federation:
Preliminary No Shipments Determination of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 53408 (October 7, 2019) (Preliminary
Results).
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]]>Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 298-299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28389]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967; C-570-968]
Aluminum Extrusions From the People's Republic of China: Notice
of Court Decision Not in Harmony With Final Determination and Notice of
Amended Final Determination of Circumvention Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2019, the United States Court of International
Trade (the Court) issued final judgment in Tai-Ao Aluminum (Taishan)
Co., Ltd. et al. v. United States, Consol. Court No. 17-00216, Slip Op.
19-164 (CIT December 18, 2019), sustaining the Department of Commerce's
(Commerce) remand results for the anti-circumvention determination of
the antidumping duty (AD) and countervailing duty (CVD) orders on
aluminum extrusions from the People's Republic of China (China).
Commerce is notifying the public that the Court has made a final
judgment that is not in harmony with Commerce's final circumvention
determination, and that Commerce is amending the final circumvention
determination with respect to certain importers.
DATES: December 28, 2019.
FOR FURTHER INFORMATION CONTACT: Heather Lui or Erin Kearney, 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) 482-0016 or (202) 482-0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Final Circumvention Determination on July
26, 2017, finding that certain extruded aluminum products that meet the
chemical specifications for 5050-grade aluminum alloy, which are heat-
treated, are circumventing the AD and CVD orders \1\ on aluminum
extrusions from China.\2\ Tai-Ao Aluminum (Taishan) Co., Ltd. and TAAL
America Ltd. (collectively, Tai-Ao) and Regal Ideas Inc. (Regal) filed
an action before the Court to challenge Commerce's Final Circumvention
Determination.
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011); and Aluminum
Extrusions from the People's Republic of China: Countervailing Duty
Order, 76 FR 30653 (May 26, 2011) (collectively, Orders).
\2\ See Aluminum Extrusions from the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping
and Countervailing Duty Orders and Rescission of Minor Alterations
Anti-Circumvention Inquiry, 82 FR 34630 (July 26, 2017) (Final
Circumvention Determination) and accompanying Issues and Decision
Memorandum.
---------------------------------------------------------------------------
On June 7, 2019, the Court affirmed Commerce's determination that
heat-treated extruded aluminum products from China that meet the
chemical specifications for 5050-grade aluminum alloy, regardless of
producer, exporter, or importer, are circumventing the Orders under
section 781(d) of the Tariff Act of 1930, as amended (the Act) as
later-developed merchandise.\3\ However, the Court found that
[[Page 299]]
Commerce erred in retroactively applying the determination to the date
of the Initiation Notice,\4\ rather than the date of the Preliminary
Determination,\5\ with respect to Tai-Ao and Regal, and remanded the
issue to Commerce ``to reformulate its liquidation instructions
consistent with this opinion {.{time} '' \6\
---------------------------------------------------------------------------
\3\ See Tai-Ao Aluminum (Taishan) Co., Ltd. et al. v. United
States, Court No. 17-00216, Slip Op. 19-70 (CIT June 7, 2019)
(Remand Order).
\4\ See Aluminum Extrusions from the People's Republic of China:
Initiation of Anti-Circumvention Inquiry, 81 FR 15039 (March 21,
2016) (Initiation Notice).
\5\ See Aluminum Extrusions from the People's Republic of China:
Affirmative Preliminary Determination of Circumvention of the
Antidumping and Countervailing Duty Orders and Intent To Rescind
Minor Alterations Anti- Circumvention Inquiry, 81 FR 79444 (November
14, 2016) (Preliminary Determination) and accompanying Preliminary
Decision Memorandum.
\6\ See Remand Order.
---------------------------------------------------------------------------
Commerce issued its Results of Redetermination on July 22, 2019, in
which it stated its intent to instruct U.S. Customs and Border
Protection (CBP) that entries of extruded aluminum products that meet
the chemical specifications for 5050 grade aluminum alloy and are heat-
treated, are outside the scope of the Orders if they: (1) Were the
subject of Commerce's Final Circumvention Determination; (2) were
exported from China by Tai-Ao Aluminum (Taishan) Co., Ltd. and/or
imported into the United States by TAAL America Ltd.; (3) were entered,
or withdrawn from warehouse, for consumption during the period March
21, 2016 through November 13, 2016; and (4) remain unliquidated as of
September 15, 2017.\7\ Commerce included draft instructions to CBP
related to Tai-Ao in its Results of Redetermination and stated its
intent to issue those instructions: (1) Should the Court issue a final
decision in which it affirms Commerce's final remand redetermination;
and (2) after Commerce has issued its ``Notice of Court Decision Not in
Harmony With Final Determination of Circumvention and Notice of Amended
Final Determination of Circumvention Pursuant to Court Decision.'' \8\
With respect to Regal, Commerce stated in its Results of
Redetermination that there are no applicable entries which have been
imported by Regal during the period March 21, 2016 through November 13,
2016. Accordingly, Commerce did not prepare instructions with respect
to Regal.\9\
---------------------------------------------------------------------------
\7\ See Final Results of Redetermination Pursuant to Court
Remand, Tai-Ao Aluminum (Taishan) Co., Ltd. et al. v. United States,
Court No. 17-00216, Slip Op. 19-70 (CIT June 7, 2019), dated July
22, 2019 (Results of Redetermination).
\8\ Id.
\9\ Id.
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On December 18, 2019, the Court sustained Commerce's Results of
Redetermination, and entered final judgment.\10\
---------------------------------------------------------------------------
\10\ See Tai-Ao Aluminum (Taishan) Co., Ltd. et al. v. United
States, Court No. 17-00216, Slip Op. 19-164 (CIT Dec. 18, 2019).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\11\ as clarified by Diamond
Sawblades,\12\ the United States Court of Appeals for the Federal
Circuit (CAFC) held that, pursuant to section 516A(e) of 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
18, 2019 judgment sustaining Commerce's Results of Redetermination
constitutes a final decision of the Court that is not in harmony with
Commerce's Final Circumvention Determination. This notice is published
in fulfillment of the publication requirement of Timken.
---------------------------------------------------------------------------
\11\ See Timken Co., v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Determination of Circumvention
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 CBP that entries of extruded aluminum products
that meet the chemical specifications for 5050 grade aluminum alloy and
are heat-treated, are outside the scope of the Orders if they: (1) Were
the subject of Commerce's Final Circumvention Determination; (2) were
exported from China by Tai-Ao Aluminum (Taishan) Co., Ltd. and/or
imported into the United States by TAAL America Ltd.; (3) were entered,
or withdrawn from warehouse, for consumption during the period March
21, 2016 through November 13, 2016; and (4) remain unliquidated as of
September 15, 2017.
This notice is issued and published in accordance with sections
516(A)(e), 781(d), and 777(i)(1) of the Act.
Dated: December 27, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-28389 Filed 1-2-20; 8:45 am]
BILLING CODE 3510-DS-P
