Foreign-Trade Zone (FTZ) 177-Evansville, Indiana; Notification of Proposed Production Activity; AstraZeneca Pharmaceuticals, LP; (Pharmaceutical Products); Mount Vernon, Indiana, 10332-10333 [2022-03896]
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10332
Notices
Federal Register
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Thursday, February 24, 2022
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ET.
SUMMARY:
jspears on DSK121TN23PROD with NOTICES1
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Dated: Friday, February 17, 2022.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2022–03860 Filed 2–23–22; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–04–2022]
Foreign-Trade Zone (FTZ) 177—
Evansville, Indiana; Notification of
Proposed Production Activity;
AstraZeneca Pharmaceuticals, LP;
(Pharmaceutical Products); Mount
Vernon, Indiana
AstraZeneca Pharmaceuticals, LP
submitted a notification of proposed
production activity to the FTZ Board
(the Board) for its facility in Mount
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
Vernon, Indiana within Subzone 177A.
The notification conforming to the
requirements of the Board’s regulations
(15 CFR 400.22) was received on
February 14, 2022.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status materials and
specific finished products described in
the submitted notification (summarized
below) and subsequently authorized by
the Board. The benefits that may stem
from conducting production activity
under FTZ procedures are explained in
the background section of the Board’s
website—accessible via www.trade.gov/
ftz. The proposed finished products and
materials would be added to the
production authority that the Board
previously approved for the operation,
as reflected on the Board’s website.
The proposed finished products
include: ARIMIDEX (anastrozole)
tablets; BRILINTA (ticagrelor) tablets;
CRESTOR (rosuvastatin calcium)
tablets; LYNPARZA (olaparib) tablets;
SEROQUEL IR (quetiapine fumarate)
tablets; and, SEROQUEL XR (quetiapine
fumarate) tablets (duty-free).
The proposed foreign-status materials
include: Anastrozole active
pharmaceutical ingredient (API);
microcrystalline cellulose; olaparib API;
quetiapine fumarate API; rosuvastatin
calcium API; and, ticagrelor API (duty
rate ranges from 5.2% to 6.5%). The
request indicates that olaparib API and
ticagrelor API are subject to duties
under Section 301 of the Trade Act of
1974 (Section 301), depending on the
country of origin. The applicable
Section 301 decisions require subject
merchandise to be admitted to FTZs in
privileged foreign status (19 CFR
146.41).
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 April
5, 2022.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
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Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Notices
Dated: February 17, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022–03896 Filed 2–23–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Antidumping Duty
Administrative Review; Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 7, 2022, the U.S.
Court of International Trade (CIT or
Court) issued its final judgment in Fine
Furniture (Shanghai) Limited, et al. v.
United States, Consol. Court No. 14–
00135, sustaining the Department of
Commerce (Commerce)’s remand
redetermination pertaining to the 2011–
2012 antidumping duty (AD)
administrative review of multilayered
hardwood flooring (wood flooring) from
the People’s Republic of China (China)
covering the period May 26, 2011,
through November 30, 2012. Commerce
is notifying the public that the CIT’s
final judgment in this litigation is not in
harmony with the final of the 2011–
2012 AD administrative review of wood
flooring from China, and that Commerce
is amending the final results of that
review with respect to the dumping
margin assigned to certain separate rate
companies.
DATES: Applicable February 17, 2022.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson, 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) 482–4406.
SUPPLEMENTARY INFORMATION:
AGENCY:
jspears on DSK121TN23PROD with NOTICES1
Background
On May 9, 2014, Commerce published
the final results of the first
administrative review of wood flooring
from China.1 After correcting certain
ministerial errors contained in the Final
Results, on June 20, 2014, Commerce
1 See Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 79 FR 26712 (May 9, 2014) (Final Results),
and accompanying Issues and Decision
Memorandum.
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16:46 Feb 23, 2022
Jkt 256001
published the Amended Final Results,
in which Commerce amended the final
weighted-average dumping margins for
Fine Furniture (Shanghai) Limited (Fine
Furniture) and certain separate rate
companies.2
Fine Furniture and certain separate
rate companies (collectively, plaintiffs)
challenged Commerce’s Final Results. In
its first remand opinion, the CIT held
unlawful the calculation of a deduction
Commerce made for Chinese
irrecoverable value-added tax (VAT).3
Furthermore, the CIT held two decisions
Commerce made in determining the
normal value of Fine Furnitures’s
subject merchandise were not supported
by substantial evidence: (1) Commerce’s
choice of financial statements for use in
calculating surrogate financial ratios;
and (2) the calculation of the surrogate
value for electricity.4
Commerce filed the first remand
redetermination on August 28, 2017,
which included a recalculation of the
weighted-average dumping margin of
0.73 percent for Fine Furniture. Based
on this margin, Commerce assigned a
rate of 0.73 percent as the revised
separate rate.5 The CIT sustained
Commerce’s recalculation of the
deduction for VAT and its decisions on
the choice of financial statements;
however, the CIT ordered Commerce to
reconsider on remand its selection of
the surrogate value for Fine Furniture’s
electricity usage.6
Following the CIT’s opinion and order
in Fine Furniture III, the court stayed
the case pending the outcome of
Changzhou Hawd.7 On February 2,
2021, following the U.S. Court of
Appeals of the Federal Circuit (Federal
Circuit or CAFC) final opinion in
Changzhou Hawd that held that Fine
Furniture was excluded from the
Order,8 the CIT lifted the stay and
granted Commerce’s voluntary remand
to recalculate an antidumping duty rate
applicable to the separate rate
2 See Multilayered Wood Flooring from the
People’s Republic of China: Amended Final Results
of Antidumping Duty Administrative Review; 2011–
2012, 79 FR 35314 (June 20, 2014) (Amended Final
Results).
3 See Fine Furniture (Shanghai) Ltd. v. United
States, 182 F. Supp 3d 1350 (CIT 2016) (Fine
Furniture I).
4 Id.
5 See Final Results of Redetermination Pursuant
to Court Order (August 28, 2017), ECF No. 337–1,
338–1.
6 See Fine Furniture (Shanghai) Ltd. v. United
States, 321 F. Supp. 3d 1282 (CIT 2018) (Fine
Furniture III).
7 See Changzhou Hawd Flooring Co., Ltd. v.
United States, 947 F.3d 781 (Fed. Cir. 2020)
(Changzhou Hawd).
8 See Changzhou Hawd, 947 F.3d at 793–94.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
10333
respondents, given Fine Furniture’s
exclusion from the order.9
In its final remand redetermination,
issued in July 2021, Commerce assigned
a new separate rate of 0.00 percent
applicable only to those companies that
are party to the litigation and that have
an injunction in place.10 The CIT
sustained Commerce’s final remand
redetermination.11
Timken Notice
In its decision in Timken,12 as
clarified by Diamond Sawblades,13 the
Federal Circuit held that, pursuant to
section 516A(c) and (e) 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 February 7, 2022, judgment
constitutes a final court decision that is
not in harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to the
dumping margin assigned to entries of
wood flooring produced and/or
exported from China, which were
entered or withdrawn from warehouse,
for consumption during the period May
26, 2011, through November 30, 2012,
for the separate rate companies listed in
the appendix.14 The amended weightedaverage dumping margin for the
companies that participated in the
9 See Fine Furniture (Shanghai) Limited, et al. v.
United States, Consol. Court No. 14–00135, Slip
Op. 21–69 (June 2, 2021) (Fine Furniture IV).
10 See Final Results of Remand Redetermination,
Fine Furniture (Shanghai) Limited, et al. v. United
States, Consol. Court No. 14–00135, Slip Op. 21–
69 (CIT June 2, 2021) (July 12, 2021).
11 See Fine Furniture (Shanghai) Limited, et al. v.
United States, Consol. Court No. 14–00135, Slip
Op. 22–9 (CIT February 7, 2022).
12 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
13 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
14 Hangzhou Zhengtian Industrial Co., Ltd. was
not subject to the first review final results. See Final
Results. Therefore, this company’s entries would
have liquidated pursuant to prior liquidation
instructions. In addition, Dalian Huilong Wooden
Products Co., Ltd., Dunhua City Dexin Wood
Industry Co., Ltd., Karly Wood Product Limited,
and Kunshan Yingyi-Nature Wood Industry Co.,
Ltd. have no outstanding injunction for this period
of review. Therefore, in accordance with our final
remand redetermination and the Court’s opinion,
we are not assigning these companies the revised
rate.
E:\FR\FM\24FEN1.SGM
24FEN1
Agencies
[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Notices]
[Pages 10332-10333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03896]
=======================================================================
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B-04-2022]
Foreign-Trade Zone (FTZ) 177--Evansville, Indiana; Notification
of Proposed Production Activity; AstraZeneca Pharmaceuticals, LP;
(Pharmaceutical Products); Mount Vernon, Indiana
AstraZeneca Pharmaceuticals, LP submitted a notification of
proposed production activity to the FTZ Board (the Board) for its
facility in Mount Vernon, Indiana within Subzone 177A. The notification
conforming to the requirements of the Board's regulations (15 CFR
400.22) was received on February 14, 2022.
Pursuant to 15 CFR 400.14(b), FTZ production activity would be
limited to the specific foreign-status materials and specific finished
products described in the submitted notification (summarized below) and
subsequently authorized by the Board. The benefits that may stem from
conducting production activity under FTZ procedures are explained in
the background section of the Board's website--accessible via
www.trade.gov/ftz. The proposed finished products and materials would
be added to the production authority that the Board previously approved
for the operation, as reflected on the Board's website.
The proposed finished products include: ARIMIDEX (anastrozole)
tablets; BRILINTA (ticagrelor) tablets; CRESTOR (rosuvastatin calcium)
tablets; LYNPARZA (olaparib) tablets; SEROQUEL IR (quetiapine fumarate)
tablets; and, SEROQUEL XR (quetiapine fumarate) tablets (duty-free).
The proposed foreign-status materials include: Anastrozole active
pharmaceutical ingredient (API); microcrystalline cellulose; olaparib
API; quetiapine fumarate API; rosuvastatin calcium API; and, ticagrelor
API (duty rate ranges from 5.2% to 6.5%). The request indicates that
olaparib API and ticagrelor API are subject to duties under Section 301
of the Trade Act of 1974 (Section 301), depending on the country of
origin. The applicable Section 301 decisions require subject
merchandise to be admitted to FTZs in privileged foreign status (19 CFR
146.41).
Public comment is invited from interested parties. Submissions
shall be addressed to the Board's Executive Secretary and sent to:
[email protected]. The closing period for their receipt is April 5, 2022.
A copy of the notification will be available for public inspection
in the ``Online FTZ Information System'' section of the Board's
website.
For further information, contact Christopher Wedderburn at
[email protected].
[[Page 10333]]
Dated: February 17, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022-03896 Filed 2-23-22; 8:45 am]
BILLING CODE 3510-DS-P