Stainless Steel Bar From India: Notice of Court Decision Not in Harmony With Final Results of Changed Circumstances Review of the Antidumping Duty Order and Notice of Amended Final Results of Review, 8884-8885 [2021-02725]

Download as PDF 8884 Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices • Other Business Related to CCSCH Public Meeting At the March 29, 2021 public meeting, the draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Mr. Dorian A. LaFond, U.S. Delegate for the 5th Session of the CCSCH (see ADDRESSES). Written comments should state that they relate to the activities of the 5th Session of the CCSCH. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, the U.S. Codex Office will announce this Federal Register publication on-line through the USDA web page located at: http:// www.usda.gov/codex/, a link that also offers an email subscription service that provides access to information related to Codex. Customers can modify their subscriptions and have the option to password protect their accounts. USDA Non-Discrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. How To File a Complaint of Discrimination To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http:// www.ocio.usda.gov/sites/default/files/ docs/2012/Complain_combined_6_8_ 12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email. Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 20250–9410. Fax: (202) 690–7442, Email: program.intake@usda.gov. Persons with disabilities who require alternative means for communication (braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). VerDate Sep<11>2014 18:53 Feb 09, 2021 Jkt 253001 Done at Washington, DC, on February 3, 2021. Mary Lowe, U.S. Manager for Codex Alimentarius. [FR Doc. 2021–02701 Filed 2–9–21; 8:45 am] BILLING CODE P COMMISSION ON CIVIL RIGHTS Sunshine Act Meeting Notice United States Commission on Civil Rights. ACTION: Notice of Commission public briefing, The Civil Rights Implications of Cash Bail, notice of Commission business meeting, and call for public comments. AGENCY: Friday, February 26, 2021, 10:00 a.m. ET. ADDRESSES: Virtual Briefing and Business Meeting. FOR FURTHER INFORMATION CONTACT: Angelia Rorison (202) 376–8359; TTY: (202) 376–8116; publicaffairs@ usccr.gov. DATES: On Friday, February 26, 2021, at 10:00 a.m. Eastern Time, the U.S. Commission on Civil Rights will hold a virtual briefing regarding the state of bail and pretrial detention practices, including the involvement of the private bail industry, various mechanisms for reform, and the potential regulatory role of the federal government. The briefing will examine how cash bail impacts the fair administration of justice and whether it operates in a manner that denies equal protection of the law to individuals on the basis of race or another protected class. At this public briefing, Commissioners will hear from subject matter experts such as government officials, academics, law enforcement professionals, advocates, and impacted persons. This briefing is open to the public via Weblink. The event will live-stream at https://www.youtube.com/user/USCCR/ videos. (Streaming information subject to change.) Public participation is available for the event with view access, along with an audio option for listening. Computer assisted real-time transcription (CART) will be provided. The web link to access CART (in English) on Friday, February 26, 2021, is https://www.streamtext.net/ player?event=USCCR. Please note that CART is text-only translation that occurs in real time during the meeting and is not an exact transcript. To request additional accommodations, persons with disabilities should email access@ SUPPLEMENTARY INFORMATION: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 usccr.gov by Monday, February 15, 2021 indicating ‘‘accommodations’’ in the subject line. Briefing Agenda for The Civil Rights Implications of Cash Bail: 10:00 a.m.– 1:40 p.m. All Times Eastern Time I. Introductory Remarks: 10:00–10:05 a.m. II. Panel 1: Foundations: 10:05–11:05 a.m. III. Break: 11:05–11:20 a.m. IV. Panel 2: Criminal Justice Stakeholders: 11:20 a.m.–12:20 p.m. V. Break: 12:20–12:35 p.m. VI. Panel 3: Reforms: 12:35–1:40 p.m. VII. Closing Remarks: 1:25–1:30 p.m. VI. Adjourn Meeting **Public Comments will be accepted through written testimony. Schedule is subject to change. Call for Public Comments In addition to the testimony collected on Friday, February 26, 2021, via virtual briefing, the Commission welcomes the submission of material for consideration as we prepare our report. Please submit such information to bailreform@ usccr.gov no later than March 26, 2021, or by mail to OCRE/Public Comments, ATTN: Bail Reform, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425. The Commission encourages the use of email to provide public comments due to the current COVID–19 pandemic. Dated: February 8, 2021. Angelia Rorison, Media and Communications Director, U.S. Commission on Civil Rights. [FR Doc. 2021–02819 Filed 2–8–21; 11:15 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration [A 533–810] Stainless Steel Bar From India: Notice of Court Decision Not in Harmony With Final Results of Changed Circumstances Review of the Antidumping Duty Order and Notice of Amended Final Results of Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 28, 2021, the U.S. Court of International Trade (the Court) entered final judgment sustaining the final results of remand redetermination pursuant to court order by the U.S. Department of Commerce (Commerce) pertaining to the changed circumstances review of the antidumping duty (AD) order on stainless steel bar (SSB) from India. Commerce is notifying the public that the final judgment in this case is AGENCY: E:\FR\FM\10FEN1.SGM 10FEN1 8885 Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices not in harmony with Commerce’s final results in the changed circumstances review of SSB from India, and that Commerce is amending the final results. DATES: Applicable February 7, 2021. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410. SUPPLEMENTARY INFORMATION: Background On April 20, 2018, Commerce published its final results of the changed circumstances review of SSB from India.1 In the Final Results, we determined that Venus Wire Industries Pvt. Ltd. and its affiliates Precision Metals, Sieves Manufacturers (India) Pvt. Ltd., and Hindustan Inox Ltd. (collectively, Venus) is not the manufacturer of the stainless steel bar (SSB) that it purchased from unaffiliated suppliers and processed in India prior to exportation to the United States.2 Because most of the unaffiliated suppliers did not provide their costs, we applied total adverse facts available (AFA) with respect to Venus.3 On December 20, 2019, the Court remanded aspects of the Final Results to Commerce for further consideration.4 The Court remanded Commerce’s determination in order to explain or reconsider its use of the NWR Test over the substantial transformation test.5 In this decision, the Court deferred consideration of Venus’ arguments regarding ‘‘Commerce’s use of total AFA pending Commerce’s redetermination on remand.’’ 6 In its First Remand Redetermination, issued in March 1 See Stainless Steel Bar from India: Final Results of Changed Circumstances Review and Reinstatement of Certain Companies in the Antidumping Duty Order, 83 FR 17529 (April 20, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Final Results IDM at Comment 1. 3 Id. 4 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 18–00113, Slip Op. 19–170 (December 20, 2019) (Venus Wire I). 5 Id., at 15–21. The ‘‘NWR Test’’ refers to the analysis we used to determine whether a respondent was the producer of subject merchandise in Notice of Final Determination of Sales at Less Than Fair Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan, 75 FR 41804 (July 19, 2010), and accompanying IDM at Comment 20. 6 See Venus Wire I, Slip. Op. 19–170 at 22. VerDate Sep<11>2014 18:53 Feb 09, 2021 Jkt 253001 2020,7 Commerce provided the explanation sought by the Court.8 On August 14, 2020, the Court sustained Commerce’s use of the NWR Test but the Court determined that Commerce’s use of AFA with respect to Venus to be unsupported by substantial evidence and remanded the Final Results a second time.9 In its second remand redetermination, issued in November 2020, Commerce explained that, although it continues to believe that the use of AFA is appropriate for Venus, it was complying with the Court’s opinion by calculating a margin for Venus without the use of AFA under respectful protest.10 The Court sustained the Second Remand Redetermination in full.11 Timken Notice In its decision in Timken,12 as clarified by Diamond Sawblades,13 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) 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. The Court’s January 28, 2021, judgment constitutes a final decision of that court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, Commerce will continue suspension of liquidation of subject merchandise 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 the Final Results with respect to Venus. The revised antidumping duty margin for 7 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 18–00113, Slip Op. 19–170, ‘‘Results of Redetermination Pursuant to Court Remand,’’ dated March 31, 2020 (First Remand Redetermination). 8 Id. at 44. 9 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 18–00113, Slip Op. 20–118 (August 14, 2020). 10 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 18–00113, Slip Op. 20–118, ‘‘Results of Redetermination Pursuant to Court Remand,’’ dated November 9, 2020 (Second Remand Redetermination). 11 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 18–00113, Slip Op. 21–9 (January 28, 2021). 12 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 13 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Venus for the period July 1, 2015 through June 30, 2016 is as follows: 14 Exporter or producer Weightedaverage dumping margin (percent) Venus ........................................ 0.64 Because the revised antidumping duty margin for Venus remains above de minimis, Venus will remain reinstated in the AD order on SSB from India.15 Amended Cash Deposit Rates Because Venus has been subject to a subsequent administrative review which established a revised cash deposit rate for Venus,16 Commerce will not issue revised cash deposit instructions to U.S. Customs and Border Protection. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(b), and 777(i)(1) of the Act. Dated: February 3, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–02725 Filed 2–9–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–869] Passenger Vehicle and Light Truck Tires From Taiwan: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 6, 2021, the Department of Commerce (Commerce) published its preliminary determination in the less-than-fair-value investigation of passenger vehicle and light truck (PVLT) tires from Taiwan in the Federal Register. Commerce is amending this preliminary determination to correct a significant ministerial error. DATES: Applicable February 10, 2021. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Lauren Caserta, AD/ CVD Operations, Enforcement and Compliance, International Trade AGENCY: 14 See Second Remand Redetermination at 10. at 15. 16 See, e.g., Stainless Steel Bar from India: Final Results of Antidumping Duty Administrative Review; 2018–2019, 85 FR 74985 (November 24, 2020). 15 Id. E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8884-8885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02725]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A 533-810]


Stainless Steel Bar From India: Notice of Court Decision Not in 
Harmony With Final Results of Changed Circumstances Review of the 
Antidumping Duty Order and Notice of Amended Final Results of Review

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

SUMMARY: On January 28, 2021, the U.S. Court of International Trade 
(the Court) entered final judgment sustaining the final results of 
remand redetermination pursuant to court order by the U.S. Department 
of Commerce (Commerce) pertaining to the changed circumstances review 
of the antidumping duty (AD) order on stainless steel bar (SSB) from 
India. Commerce is notifying the public that the final judgment in this 
case is

[[Page 8885]]

not in harmony with Commerce's final results in the changed 
circumstances review of SSB from India, and that Commerce is amending 
the final results.

DATES: Applicable February 7, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION: 

Background

    On April 20, 2018, Commerce published its final results of the 
changed circumstances review of SSB from India.\1\ In the Final 
Results, we determined that Venus Wire Industries Pvt. Ltd. and its 
affiliates Precision Metals, Sieves Manufacturers (India) Pvt. Ltd., 
and Hindustan Inox Ltd. (collectively, Venus) is not the manufacturer 
of the stainless steel bar (SSB) that it purchased from unaffiliated 
suppliers and processed in India prior to exportation to the United 
States.\2\ Because most of the unaffiliated suppliers did not provide 
their costs, we applied total adverse facts available (AFA) with 
respect to Venus.\3\
---------------------------------------------------------------------------

    \1\ See Stainless Steel Bar from India: Final Results of Changed 
Circumstances Review and Reinstatement of Certain Companies in the 
Antidumping Duty Order, 83 FR 17529 (April 20, 2018) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM).
    \2\ See Final Results IDM at Comment 1.
    \3\ Id.
---------------------------------------------------------------------------

    On December 20, 2019, the Court remanded aspects of the Final 
Results to Commerce for further consideration.\4\ The Court remanded 
Commerce's determination in order to explain or reconsider its use of 
the NWR Test over the substantial transformation test.\5\ In this 
decision, the Court deferred consideration of Venus' arguments 
regarding ``Commerce's use of total AFA pending Commerce's 
redetermination on remand.'' \6\ In its First Remand Redetermination, 
issued in March 2020,\7\ Commerce provided the explanation sought by 
the Court.\8\
---------------------------------------------------------------------------

    \4\ See Venus Wire Industries Pvt. Ltd. v. United States, Court 
No. 18-00113, Slip Op. 19-170 (December 20, 2019) (Venus Wire I).
    \5\ Id., at 15-21. The ``NWR Test'' refers to the analysis we 
used to determine whether a respondent was the producer of subject 
merchandise in Notice of Final Determination of Sales at Less Than 
Fair Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan, 75 
FR 41804 (July 19, 2010), and accompanying IDM at Comment 20.
    \6\ See Venus Wire I, Slip. Op. 19-170 at 22.
    \7\ See Venus Wire Industries Pvt. Ltd. v. United States, Court 
No. 18-00113, Slip Op. 19-170, ``Results of Redetermination Pursuant 
to Court Remand,'' dated March 31, 2020 (First Remand 
Redetermination).
    \8\ Id. at 44.
---------------------------------------------------------------------------

    On August 14, 2020, the Court sustained Commerce's use of the NWR 
Test but the Court determined that Commerce's use of AFA with respect 
to Venus to be unsupported by substantial evidence and remanded the 
Final Results a second time.\9\ In its second remand redetermination, 
issued in November 2020, Commerce explained that, although it continues 
to believe that the use of AFA is appropriate for Venus, it was 
complying with the Court's opinion by calculating a margin for Venus 
without the use of AFA under respectful protest.\10\ The Court 
sustained the Second Remand Redetermination in full.\11\
---------------------------------------------------------------------------

    \9\ See Venus Wire Industries Pvt. Ltd. v. United States, Court 
No. 18-00113, Slip Op. 20-118 (August 14, 2020).
    \10\ See Venus Wire Industries Pvt. Ltd. v. United States, Court 
No. 18-00113, Slip Op. 20-118, ``Results of Redetermination Pursuant 
to Court Remand,'' dated November 9, 2020 (Second Remand 
Redetermination).
    \11\ See Venus Wire Industries Pvt. Ltd. v. United States, Court 
No. 18-00113, Slip Op. 21-9 (January 28, 2021).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\12\ as clarified by Diamond 
Sawblades,\13\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(c) 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. The Court's January 
28, 2021, judgment constitutes a final decision of that court that is 
not in harmony with Commerce's Final Results. This notice is published 
in fulfillment of the publication requirements of Timken. Accordingly, 
Commerce will continue suspension of liquidation of subject merchandise 
pending expiration of the period of appeal or, if appealed, pending a 
final and conclusive court decision.
---------------------------------------------------------------------------

    \12\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \13\ 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 
the Final Results with respect to Venus. The revised antidumping duty 
margin for Venus for the period July 1, 2015 through June 30, 2016 is 
as follows: \14\
---------------------------------------------------------------------------

    \14\ See Second Remand Redetermination at 10.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter or producer                        dumping
                                                               margin
                                                              (percent)
------------------------------------------------------------------------
Venus.....................................................         0.64
------------------------------------------------------------------------

    Because the revised antidumping duty margin for Venus remains above 
de minimis, Venus will remain reinstated in the AD order on SSB from 
India.\15\
---------------------------------------------------------------------------

    \15\ Id. at 15.
---------------------------------------------------------------------------

Amended Cash Deposit Rates

    Because Venus has been subject to a subsequent administrative 
review which established a revised cash deposit rate for Venus,\16\ 
Commerce will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection.
---------------------------------------------------------------------------

    \16\ See, e.g., Stainless Steel Bar from India: Final Results of 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 74985 
(November 24, 2020).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(b), and 777(i)(1) of the Act.

    Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-02725 Filed 2-9-21; 8:45 am]
BILLING CODE 3510-DS-P