Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the 2015 Administrative Review and Notice of Amended Final Results, 48507-48508 [2020-17521]

Download as PDF Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Notices mowers) from China and Vietnam.1 Currently, the preliminary determinations are due no later than November 2, 2020. Postponement of Preliminary Determinations 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 for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On July 22, 2020, the petitioner 2 submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations.3 The petitioner requested that the preliminary determinations be postponed so that Commerce can develop the record in these investigations, review all questionnaire responses and new factual information, and to permit thorough investigations and the calculation of the most accurate dumping margins.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 determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 37417 (June 22, 2020) (Initiation Notice). 2 The petitioner is MTD Products Inc. 3 See Petitioner’s Letter, ‘‘Antidumping Investigations on Certain Walk-Behind Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam and Countervailing Duties from the People’s Republic of China: Petitioner’s Request to Postpone the Preliminary Determination,’’ dated July 22, 2020. 4 Id. VerDate Sep<11>2014 17:02 Aug 10, 2020 Jkt 250001 issue its preliminary determinations no later than December 22, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations in these investigations will continue to be 75 days after the date of publication of the preliminary determinations, unless postponed at a later date. 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: August 5, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–17532 Filed 8–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–953] Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of the 2015 Administrative Review and Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice of Court Decision. AGENCY: On July 31, 2020, the United States Court of International Trade (the Court) sustained the Department of Commerce’s (Commerce’s) remand redetermination pertaining to the 2015 administrative review of the countervailing duty (CVD) order on narrow woven ribbons with woven selvedge (ribbons) 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 the final results of the 2015 administrative review, and that Commerce is amending the final results of the 2015 administrative review with respect to Yama Ribbons and Bows Co., Ltd. (Yama). DATES: Applicable August 17, 2020. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova and Ian Hamilton, 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) 482–1280 and (202) 482–4798, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 48507 Background On March 14, 2018, Commerce published the Final Results pertaining to mandatory respondent Yama.1 The period of review (POR) is January 1, 2015 through December 31, 2015. In the Final Results, Commerce found that the use of adverse facts available (AFA) was warranted in determining the countervailability of the Export Buyer’s Credit Program (EBCP) because the Government of China (GOC) did not provide the requested information needed to allow Commerce to fully analyze this program and, thus, did not cooperate to the best of its ability in response to our information requests.2 Yama challenged Commerce’s determination to apply AFA with respect to this program in the Final Results. On December 30, 2019, the Court remanded the Final Results to Commerce to reconsider our decision to apply AFA with respect to the EBCP.3 On February 28, 2020, Commerce reconsidered its decision to apply AFA in evaluating Yama’s use of the EBCP and determined, under protest, that Yama did not use the EBCP program.4 Accordingly, Commerce calculated a revised subsidy rate of 12.83 percent for Yama.5 On July 31, 2020, the Court sustained Commerce’s Remand Results and entered final judgment.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the Court of Appeals for the Federal Circuit (Federal Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.9 The 1 See Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2015, 83 FR 11177 (March 14, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Final Results IDM at Comment 2. 3 See Yama Ribbons and Bows Co. v. United States, 419 F. Supp. 3d 1341 (CIT 2019). 4 See Final Results of Redetermination Pursuant to Court Remand, Consol. Ct. No. 18–00054, Slip Op. 19–173 (February 28, 2020) (Remand Results). 5 Id. at 4. 6 See Yama Ribbons and Bows Co. v. United States, Ct. No. 18–00054, Slip Op. 20–107 (CIT July 31, 2020). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 9 See sections 516A(c) and (e) of the Act. E:\FR\FM\11AUN1.SGM 11AUN1 48508 Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Notices Court’s July 31, 2020, judgment constitutes a final decision of that court that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken and section 516A of the Act. Accordingly, Commerce will continue the suspension of liquidation of ribbons subject to this review pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Results Because there is now a final court decision, Commerce is amending its Final Results with respect to the subsidy rate calculated for Yama. Based on the Remand Results, as affirmed by the Court, the revised subsidy rate for Yama for the POR is 12.83 percent.10 In the event that the Court’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 countervailing duties on unliquidated entries of subject merchandise based on the revised subsidy rates summarized above. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), and 777(i)(1) of the Act. Dated: August 5, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–17521 Filed 8–10–20; 8:45 am] Notice is hereby given that permits and permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable. SUMMARY: The permits and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. ADDRESSES: BILLING CODE 3510–DS–P FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Shasta McClenahan (Permit Nos. 21585– 01, 23922, and 23923), Jennifer Skidmore (Permit No. 23779), and Amy Hapeman (Permit No. 23672); at (301) 427–8401. Notices were published in the Federal Register on the dates listed below that requests for a permit or permit amendment had been submitted by the below-named applicants. To locate the Federal Register notice that announced our receipt of the application and a complete description of the research, go to www.federalregister.gov and search on the permit number provided in Table 1 below. SUPPLEMENTARY INFORMATION: [RTID 0648–XA377] Marine Mammals and Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: Notice; issuance of permits and permit amendments. ACTION: TABLE 1—ISSUED PERMITS AND PERMIT AMENDMENTS Permit No. RTID 21585–01 ... 0648–XA223 23672 ......... 0648–XR108 23779 ......... 0648–XA235 23922 ......... 0648–XA219 23923 ......... 0648–XA220 Oregon State University, Marine Mammal Institute, 2030 Southeast Marine Science Drive, Newport, OR 97365 (Responsible Party: Lisa Ballance, Ph.D.). Environmental Investigation Agency, P.O. Box 53343, Washington, DC 20009 (Responsible Party: Allan Thornton). Allyson Hindle, Ph.D., University of Nevada Las Vegas, 4505 S Maryland Parkway, MS 4004, Las Vegas, NV 89154. University of California, 35 Medical Center Way, San Francisco, CA 94131 (Responsible Party: Alexander Pollen, Ph.D.). Eugene DeRango, Bielefeld University, Department of Animal Behaviour, Morgenbreede 45, Bielefeld, Germany. Permit No. 23672 was issued on July 27, 2020; the permit takes effect on April 1, 2021 and is valid through December 1, 2022. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. As required by the ESA, as applicable, issuance of these permits were based on a finding that such permits: (1) Were applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) are consistent with the purposes and 10 See Previous Federal Register notice Applicant policies set forth in section 2 of the ESA. Authority: The requested permits have been issued under the MMPA of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the ESA of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226), as applicable. Julia Marie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2020–17507 Filed 8–10–20; 8:45 am] BILLING CODE 3510–22–P 85 FR 35415; June 10, 2020. July 30, 2020. 85 FR 16329; March 23, 2020. 85 FR 36837; June 18, 2020. 85 FR 35266; June 9, 2020. 85 FR 35416; June 10, 2020. July 27, 2020. 17:02 Aug 10, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 July 27, 2020. July 27, 2020. July 27, 2020. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA327] Endangered Species; Notice of Issuance for Incidental Take Permit No. 21316 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. AGENCY: Notice is hereby given that NMFS has issued an incidental take permit to Barney Davis, LLC, for the SUMMARY: Remand Results at 4. VerDate Sep<11>2014 Issuance date E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48507-48508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17521]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-953]


Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Notice of Court Decision Not in Harmony With Final 
Results of the 2015 Administrative Review and Notice of Amended Final 
Results

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

ACTION: Notice of Court Decision.

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SUMMARY: On July 31, 2020, the United States Court of International 
Trade (the Court) sustained the Department of Commerce's (Commerce's) 
remand redetermination pertaining to the 2015 administrative review of 
the countervailing duty (CVD) order on narrow woven ribbons with woven 
selvedge (ribbons) 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 the final results of the 2015 
administrative review, and that Commerce is amending the final results 
of the 2015 administrative review with respect to Yama Ribbons and Bows 
Co., Ltd. (Yama).

DATES: Applicable August 17, 2020.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova and Ian 
Hamilton, 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) 482-1280 
and (202) 482-4798, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 14, 2018, Commerce published the Final Results pertaining 
to mandatory respondent Yama.\1\ The period of review (POR) is January 
1, 2015 through December 31, 2015. In the Final Results, Commerce found 
that the use of adverse facts available (AFA) was warranted in 
determining the countervailability of the Export Buyer's Credit Program 
(EBCP) because the Government of China (GOC) did not provide the 
requested information needed to allow Commerce to fully analyze this 
program and, thus, did not cooperate to the best of its ability in 
response to our information requests.\2\ Yama challenged Commerce's 
determination to apply AFA with respect to this program in the Final 
Results.
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    \1\ See Narrow Woven Ribbons with Woven Selvedge from the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2015, 83 FR 11177 (March 14, 2018) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM).
    \2\ See Final Results IDM at Comment 2.
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    On December 30, 2019, the Court remanded the Final Results to 
Commerce to reconsider our decision to apply AFA with respect to the 
EBCP.\3\ On February 28, 2020, Commerce reconsidered its decision to 
apply AFA in evaluating Yama's use of the EBCP and determined, under 
protest, that Yama did not use the EBCP program.\4\ Accordingly, 
Commerce calculated a revised subsidy rate of 12.83 percent for 
Yama.\5\ On July 31, 2020, the Court sustained Commerce's Remand 
Results and entered final judgment.\6\
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    \3\ See Yama Ribbons and Bows Co. v. United States, 419 F. Supp. 
3d 1341 (CIT 2019).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Consol. Ct. No. 18-00054, Slip Op. 19-173 (February 28, 
2020) (Remand Results).
    \5\ Id. at 4.
    \6\ See Yama Ribbons and Bows Co. v. United States, Ct. No. 18-
00054, Slip Op. 20-107 (CIT July 31, 2020).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit (Federal Circuit) held 
that, pursuant to section 516A of the Tariff Act of 1930, as amended 
(the Act), Commerce must publish a notice of court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision.\9\ The

[[Page 48508]]

Court's July 31, 2020, judgment constitutes a final decision of that 
court that is not in harmony with Commerce's Final Results. Thus, this 
notice is published in fulfillment of the publication requirements of 
Timken and section 516A of the Act. Accordingly, Commerce will continue 
the suspension of liquidation of ribbons subject to this review pending 
expiration of the period of appeal or, if appealed, pending a final and 
conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \9\ See sections 516A(c) and (e) of the Act.
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
its Final Results with respect to the subsidy rate calculated for Yama. 
Based on the Remand Results, as affirmed by the Court, the revised 
subsidy rate for Yama for the POR is 12.83 percent.\10\
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    \10\ See Remand Results at 4.
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    In the event that the Court'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 
countervailing duties on unliquidated entries of subject merchandise 
based on the revised subsidy rates summarized above.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e), and 777(i)(1) of the Act.

    Dated: August 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-17521 Filed 8-10-20; 8:45 am]
BILLING CODE 3510-DS-P

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