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]
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Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices
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Done at Washington, DC, on February 3,
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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.
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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
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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
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submission of material for consideration
as we prepare our report. Please submit
such information to bailreform@
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or by mail to OCRE/Public Comments,
ATTN: Bail Reform, U.S. Commission
on Civil Rights, 1331 Pennsylvania Ave.
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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.
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
