Certain Glass Containers From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 9458-9459 [2020-03227]

Download as PDF 9458 Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Notices AFA in the First Remand Results was neither supported by substantial evidence, nor in accordance with law.9 Specifically, the CIT held that ‘‘neither the law nor the facts support the Department’s findings that: (1) None of Oriental Cherry’s factors of production or its U.S. sales information was usable; (2) Oriental Cherry failed to comply with Commerce’s requests for production and sales information to the best of its ability; and (3) a rate of 118.04 percent was legally and factually justified.’’ 10 As such, the CIT ordered that: (1) Commerce calculate a rate for Oriental Cherry using the factors of production and U.S. sales information submitted by Oriental Cherry in the underlying review; 11 and (2) with respect to shooting nails supplied by Oriental Cherry’s affiliate, Jining Dragon, Commerce use facts available in filling in missing necessary information, and (3) Commerce may draw an adverse inference with respect to information regarding the sales of shooting nails during the period of review.12 On September 5, 2019, Commerce issued its Second Remand Results.13 Timken Notice In its decision in Timken,14 as clarified by Diamond Sawblades,15 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 CIT’s October 18, 2019, judgment sustaining the Second Remand Results 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. khammond on DSKJM1Z7X2PROD with NOTICES Amended Final Results Because there is now a final court decision, Commerce is amending the Final Results with respect to Oriental Cherry. The revised weighted-average 17:51 Feb 18, 2020 Jkt 250001 Weightedaverage margin (percent) Exporter The Shandong Oriental Cherry Entity ....................................... 61.05 The CIT’s ruling was not appealed and thus represents a final and conclusive court decision. Commerce will therefore instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise exported by Oriental Cherry using the appropriate assessment rates. Cash Deposit Requirements The cash deposit rate for Oriental Cherry has been superseded by cash deposit rates calculated in intervening administrative reviews of the antidumping duty order on certain steel nails from China. Thus, we will not alter its cash deposit rate. 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: February 11, 2020. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–03215 Filed 2–18–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–114] Certain Glass Containers From the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 9 See National Nail Corp. et al. v. United States, Slip Op. 19–71 (June 12, 2019), CIT Court No. 16– 00052 (Second Remand Order) at 32–42 and 47. 10 Id. at 6 and 47. 11 Id. at 47–48. 12 Id. at 48. 13 See Final Results of Redetermination Pursuant to Remand Order in National Nail Corp. v. United States, Consol. Ct. No. 16–00052 (September 5, 2019) (Second Remand Results). 14 See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 15 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 dumping margin for Oriental Cherry for the period August 1, 2013 through July 31, 2014 is as follows: Applicable February 19, 2020. Lilit Astvatsatrian or Aleksandras Nakutis, 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) 482–6412 or (202) 482–3147, respectively. SUPPLEMENTARY INFORMATION: DATES: Background On October 15, 2019, the Department of Commerce (Commerce) initiated a less-than-fair-value (LTFV) investigation of imports of certain glass containers (glass containers) from the People’s Republic of China.1 Currently, the preliminary determination is due no later than March 3, 2020. Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request to postpone 25 days or more before the scheduled date of the preliminary determination and must state the reasons for postponement. Commerce will grant the request unless it finds compelling reasons to deny the request. On February 3, 2020, the petitioner 2 submitted a timely request that Commerce postpone the preliminary determination in this LTFV investigation.3 The petitioner stated that it requests postponement ‘‘to allow all parties ample time to fully analyze the enormous volume of critical information relevant prior to the preliminary determination in this case.’’ 4 For the reasons stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 1 See Certain Glass Containers from the People’s Republic of China: Initiation of Less-Than-FairValue Investigation, 84 FR 56174 (October 21, 2019). 2 The petitioner is the American Glass Packaging Coalition. 3 See Petitioner’s Letter ‘‘Certain Glass Containers from the People’s Republic of China: Request to Postpone Preliminary Determination,’’ dated February 3, 2020. 4 Id. E:\FR\FM\19FEN1.SGM 19FEN1 Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Notices preliminary determination no later than April 22, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination in this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: February 12, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–03227 Filed 2–18–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Final Results and Partial Rescission of Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that it is appropriate to rescind this administrative review of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People’s Republic of China (China) with respect to three of the four companies involved in this review because they had no bona fide (i.e., reviewable) sales to the United States during the period of review (POR), June 1, 2017 through May 31, 2018. Further, Commerce finds that the fourth respondent is not eligible for a separate rate. AGENCY: DATES: Applicable February 19, 2020. Alex Wood or Whitley Herndon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1959 or (202) 482–6274, respectively. khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:51 Feb 18, 2020 Jkt 250001 Background Commerce published the Preliminary Results on August 15, 2019.1 Subsequent to the Preliminary Results, we received a case brief from Shandong Aokai Bearing Co., Ltd. (Aokai), a mandatory respondent in this review. On December 10, 2019, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for issuing the final results until February 11, 2020.2 Scope of the Order Imports covered by the order are shipments of tapered roller bearings and parts thereof, finished and unfinished, from China; flange, take up cartridge, and hanger units incorporating tapered roller bearings; and tapered roller housings (except pillow blocks) incorporating tapered rollers, with or without spindles, whether or not for automotive use. These products are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115, and 8708.99.8180. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received In the Issues and Decision Memorandum,3 we address the issues raised in Aokai’s case brief. The Appendix to this notice includes a list of the issues Aokai raised. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov and ACCESS is 1 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China: Preliminary Results and Intent to Rescind the Review in Part; 2017–2018, 84 FR 41701 (August 15, 2019) (Preliminary Results) and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China: Extension of Deadline for the Final Results of Antidumping Duty Administrative,’’ dated December 10, 2019. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Antidumping Duty Administrative Review: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China; 2017–2018,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 9459 available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Partial Rescission of the Review We received no comments from Hangzhou Xiaoshan Dingli Machinery Co., Ltd. (Dingli) or Zhejiang Jingli Bearing Technology Co. Ltd. (Jingli). Further, with respect to Aokai, as addressed in the Issues and Decision Memorandum, we continue to find that it did not have a bona fide sale to serve as the basis for our review. Thus, consistent with our preliminary determination, we find that Aokai, Dingli, and Jingli did not have bona fide sales during the POR and we are rescinding this administrative review with respect to all three companies. Final Results of Review We also received no comments pertaining to Taizhou Zson Bearing Technology Co., Ltd. (Zson), and therefore we continue to find Zson to be ineligible for a separate rate and, thus, Zson is part of the China-wide entity. The rate previously established for the China-wide entity is 92.84 percent and is not subject to change as a result of this review, as no party requested a review of the China-wide entity. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Because Commerce determined that Zson did not qualify for a separate rate, we will instruct CBP to assess antidumping duties on Zson’s entries of subject merchandise at the rate of 92.84 percent, the current rate established for the China-wide entity. Because Commerce is rescinding this administrative for Aokai, Dingli, and Jingli, we will instruct CBP to assess their entries at the rate entered. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Notices]
[Pages 9458-9459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03227]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-114]


Certain Glass Containers From the People's Republic of China: 
Postponement of Preliminary Determination in the Less-Than-Fair-Value 
Investigation

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


DATES: Applicable February 19, 2020.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Aleksandras 
Nakutis, 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) 482-6412 
or (202) 482-3147, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 15, 2019, the Department of Commerce (Commerce) 
initiated a less-than-fair-value (LTFV) investigation of imports of 
certain glass containers (glass containers) from the People's Republic 
of China.\1\ Currently, the preliminary determination is due no later 
than March 3, 2020.
---------------------------------------------------------------------------

    \1\ See Certain Glass Containers from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 84 FR 56174 
(October 21, 2019).
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request to 
postpone 25 days or more before the scheduled date of the preliminary 
determination and must state the reasons for postponement. Commerce 
will grant the request unless it finds compelling reasons to deny the 
request.
    On February 3, 2020, the petitioner \2\ submitted a timely request 
that Commerce postpone the preliminary determination in this LTFV 
investigation.\3\ The petitioner stated that it requests postponement 
``to allow all parties ample time to fully analyze the enormous volume 
of critical information relevant prior to the preliminary determination 
in this case.'' \4\
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    \2\ The petitioner is the American Glass Packaging Coalition.
    \3\ See Petitioner's Letter ``Certain Glass Containers from the 
People's Republic of China: Request to Postpone Preliminary 
Determination,'' dated February 3, 2020.
    \4\ Id.
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    For the reasons stated above and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determination by 50 days (i.e., 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its

[[Page 9459]]

preliminary determination no later than April 22, 2020. In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination in this investigation will 
continue to be 75 days after the date of the preliminary determination, 
unless postponed.

Notification to Interested Parties

    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: February 12, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-03227 Filed 2-18-20; 8:45 am]
 BILLING CODE 3510-DS-P