Diamond Sawblades and Parts Thereof, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results, 47104-47105 [2023-15469]

Download as PDF 47104 Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices is holding an in-person summit focused on policy initiatives that address systemic issues affecting the Black community. DATES: Monday, July 24, 2023, 11 a.m. EST. Meeting is open to the public to take place in person at the National Press Club, 529 14th St NW, Washington, DC 20045; and virtually via livestream on the Commission’s YouTube page: https:// www.youtube.com/user/USCCR/videos. FOR FURTHER INFORMATION CONTACT: Diamond Newman: dnewman@ usccr.gov: 202–376–8371. SUPPLEMENTARY INFORMATION: This business meeting is open to the public. Computer assisted real-time transcription (CART) will be provided. The web link to access CART (in English) on Monday, July 24, 2023, 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. ADDRESSES: authorization for production activity has been requested at this time. The proposed subzone would be subject to the existing activation limit of FTZ 37. In accordance with the FTZ Board’s regulations, Juanita Chen of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is August 30, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to September 14, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Juanita Chen at juanita.chen@trade.gov. Dated: July 17, 2023. Elizabeth Whiteman, Executive Secretary. Meeting Agenda I. ACT NOW Summit II. Adjourn Meeting Dated: July 19, 2023. Angelia Rorison, USCCR Media and Communications Director. [FR Doc. 2023–15470 Filed 7–20–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [FR Doc. 2023–15614 Filed 7–19–23; 4:15 pm] BILLING CODE 6335–01–P International Trade Administration [A–570–900] DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–125–2023] ddrumheller on DSK120RN23PROD with NOTICES1 Foreign-Trade Zone 37; Application for Subzone; Findlay’s Tall Timbers Distribution Center LLC dba Southern Tier Logistics; Village of Horseheads, New York An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the County of Orange, grantee of FTZ 37, requesting subzone status for the facility of Findlay’s Tall Timbers Distribution Center LLC dba Southern Tier Logistics (Southern Tier Logistics), located in the Village of Horseheads, New York. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on July 17, 2023. The proposed subzone (10.58 acres) is located at 120 Wygant Road, Village of Horseheads, New York. No VerDate Sep<11>2014 19:06 Jul 20, 2023 Jkt 259001 Diamond Sawblades and Parts Thereof, From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 12, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. United States, Consol. Court No. 19–00006, sustaining the U.S. Department of Commerce’s (Commerce) remand results pertaining to the antidumping duty administrative review on diamond sawblades and parts thereof from the People’s Republic of China (China) covering the period of review, November 1, 2016, through October 31, 2017. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 with respect to the dumping margin assigned to Danyang Weiwang Tools Manufacturing Co., Ltd., Quanzhou Zhongzhi Diamond Tool Co., Ltd., and Chengdu Huifeng New Material Technology Co., Ltd. (collectively, the Separate Rate Respondents). DATES: Applicable July 24, 2023. FOR FURTHER INFORMATION CONTACT: Allison Hollander, 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) 482–2805. SUPPLEMENTARY INFORMATION: Background On December 14, 2018, Commerce published its final results in the 2016– 2017 antidumping duty administrative review of diamond sawblades and parts thereof from China.1 Commerce applied to non-selected respondents the separate rate assigned to eligible respondents in the last completed administrative review prior to the instant review, which was 82.05 percent. The Separate Rate Respondents appealed Commerce’s Final Results. On January 13, 2023, the CIT remanded the Final Results to Commerce, granting Commerce’s request to consider the effect of recently completed litigation of the prior administrative review 2 on the Final Results.3 In its final results of redetermination, issued on April 7, 2023, Commerce revised the rate (i.e., from 82.05 percent to 41.03 percent) for the Separate Rate Respondents.4 The CIT sustained Commerce’s Final Remand.5 1 See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2016– 2017, 83 FR 64331 (December 14, 2018) (Final Results), and accompanying Issues and Decision Memorandum. 2 See Bosun Tools Co., Ltd. v. United States, 493 F. Supp. 3d 1351 (CIT 2021), aff’d Bosun Tools Co., Ltd. et al. v. United States, Court No. 2021–1930 (Fed. Cir. Jan. 10, 2022). 3 See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. United States, Consol. Court No. 19– 00006 (CIT January 13, 2023) (Remand Order). 4 See Final Results of Redetermination Pursuant to Court Remand, Danyang Weiwang Tools Manufacturing Co., Ltd. et al., Consol. Court No. 19–00006 (CIT January 13, 2023), dated April 7, 2023 (Final Remand), available on Commerce’s website at https://access.trade.gov/resources/ remands/19-00006.pdf. 5 See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. United States, Consol. Court No. 19– 00006, Slip Op. 23–100 (CIT July 12, 2023). E:\FR\FM\21JYN1.SGM 21JYN1 47105 Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the U.S. Court of Appeals for 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 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 July 12, 2023, judgment constitutes a final decision of the CIT 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 Separate Rate Respondents as follows: Final results rate (percent) Company ddrumheller on DSK120RN23PROD with NOTICES1 Chengdu Huifeng New Material Technology Co., Ltd. ................................................................................ Danyang Weiwang Tools Manufacturing Co., Ltd. ...................................................................................... Quanzhou Zhongzhi Diamond Tool Co., Ltd. .............................................................................................. Cash Deposit Requirements Because Chengdu Huifeng New Material Technology Co., Ltd., and Quanzhou Zhongzhi Diamond Tool Co., Ltd., have superseding cash deposit rates, i.e., there have been final results published in a subsequent administrative review,8 we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP) with respect to these companies. This notice will not affect the current cash deposit rate for these exporters. Commerce will issue revised cash deposit instructions to CBP for Danyang Weiwang Tools Manufacturing Co., Ltd., which does not have a superseding cash deposit rate. CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were exported by the Separate Rate Respondents, and were entered, or withdrawn from warehouse, for consumption during the period November 1, 2016, through October 31, 2017. These entries will remain enjoined pursuant to the terms of the injunctions during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise exported by the Separate Rate Respondents in accordance with 19 International Trade Administration 6 See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Circ. 2010) (Diamond Sawblades). 8 See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review in Part; 2018–2019, 86 FR 14873 (March 19, 2021), unchanged in Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2018–2019, 86 FR VerDate Sep<11>2014 19:06 Jul 20, 2023 Jkt 259001 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: July 17, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–15469 Filed 7–20–23; 8:45 am] Remand rate (percent) 82.05 82.05 82.05 DATES: 41.03 41.03 41.03 Applicable July 21, 2023. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Christopher Viers, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1280 or (202) 482–0519, respectively. SUPPLEMENTARY INFORMATION: Background Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to determine if Elque Ventures Private Limited (Elque) is the successor-ininterest to Elque & Co. in the context of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from India. On February 1, 2005, Commerce published in the Federal Register the AD order on shrimp from India.1 On June 6, 2023, Elque requested that, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct an expedited CCR to determine that it is the successor-in-interest to Elque & Co. and assign it the cash deposit rate of the Elque Group.2 In its submission, Elque stated that in 2022 it changed its name from Elque & Co. and also changed its corporate structure to become a limited liability company.3 In addition, Elque notes that, because Commerce determined in the 2017–2018 administrative review to treat Calcutta Seafoods Pvt. Ltd. (Calcutta), Bay Seafood Pvt. Ltd. (Bay Seafood), and Elque & Co. as a collective entity (i.e., the Elque Group), Commerce should also determine that the Elque Group is 46832 (August 20, 2021); see also Diamond Sawblades and Parts Thereof from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019– 2020, 86 FR 41446 (August 2, 2021), unchanged in Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019–2020, 86 FR 67905 (November 30, 2021). 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147 (February 1, 2005) (Order). 2 See Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 78 FR 61843 (April 23, 2019), and accompanying Preliminary Decision Memorandum, unchanged in Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 57847 (October 29, 2019). 3 See Elque’s Letter, ‘‘Request for an Expedited Changed Circumstances Review,’’ dated June 6, 2023. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–533–840] Certain Frozen Warmwater Shrimp From India: Notice of Initiation of Antidumping Duty Changed Circumstances Review AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47104-47105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof, From the People's Republic 
of China: Notice of Court Decision Not in Harmony With the Final 
Results of Antidumping Administrative Review; Notice of Amended Final 
Results

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

SUMMARY: On July 12, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in Danyang Weiwang Tools Manufacturing Co., 
Ltd. et al. v. United States, Consol. Court No. 19-00006, sustaining 
the U.S. Department of Commerce's (Commerce) remand results pertaining 
to the antidumping duty administrative review on diamond sawblades and 
parts thereof from the People's Republic of China (China) covering the 
period of review, November 1, 2016, through October 31, 2017. Commerce 
is notifying the public that the CIT's final judgment is not in harmony 
with Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to the dumping 
margin assigned to Danyang Weiwang Tools Manufacturing Co., Ltd., 
Quanzhou Zhongzhi Diamond Tool Co., Ltd., and Chengdu Huifeng New 
Material Technology Co., Ltd. (collectively, the Separate Rate 
Respondents).

DATES: Applicable July 24, 2023.

FOR FURTHER INFORMATION CONTACT: Allison Hollander, 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) 482-2805.

SUPPLEMENTARY INFORMATION:

Background

    On December 14, 2018, Commerce published its final results in the 
2016-2017 antidumping duty administrative review of diamond sawblades 
and parts thereof from China.\1\ Commerce applied to non-selected 
respondents the separate rate assigned to eligible respondents in the 
last completed administrative review prior to the instant review, which 
was 82.05 percent.
---------------------------------------------------------------------------

    \1\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2016-2017, 83 FR 64331 (December 14, 2018) (Final Results), 
and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    The Separate Rate Respondents appealed Commerce's Final Results. On 
January 13, 2023, the CIT remanded the Final Results to Commerce, 
granting Commerce's request to consider the effect of recently 
completed litigation of the prior administrative review \2\ on the 
Final Results.\3\ In its final results of redetermination, issued on 
April 7, 2023, Commerce revised the rate (i.e., from 82.05 percent to 
41.03 percent) for the Separate Rate Respondents.\4\ The CIT sustained 
Commerce's Final Remand.\5\
---------------------------------------------------------------------------

    \2\ See Bosun Tools Co., Ltd. v. United States, 493 F. Supp. 3d 
1351 (CIT 2021), aff'd Bosun Tools Co., Ltd. et al. v. United 
States, Court No. 2021-1930 (Fed. Cir. Jan. 10, 2022).
    \3\ See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. 
United States, Consol. Court No. 19-00006 (CIT January 13, 2023) 
(Remand Order).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Danyang Weiwang Tools Manufacturing Co., Ltd. et al., 
Consol. Court No. 19-00006 (CIT January 13, 2023), dated April 7, 
2023 (Final Remand), available on Commerce's website at https://access.trade.gov/resources/remands/19-00006.pdf.
    \5\ See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. 
United States, Consol. Court No. 19-00006, Slip Op. 23-100 (CIT July 
12, 2023).

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[[Page 47105]]

Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the U.S. Court of Appeals for 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 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 July 12, 
2023, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results. Thus, this notice is published 
in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Circ. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to the Separate Rate Respondents as 
follows:

------------------------------------------------------------------------
                                     Final results rate     Remand rate
              Company                     (percent)          (percent)
------------------------------------------------------------------------
Chengdu Huifeng New Material                       82.05           41.03
 Technology Co., Ltd..............
Danyang Weiwang Tools                              82.05           41.03
 Manufacturing Co., Ltd...........
Quanzhou Zhongzhi Diamond Tool                     82.05           41.03
 Co., Ltd.........................
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Chengdu Huifeng New Material Technology Co., Ltd., and 
Quanzhou Zhongzhi Diamond Tool Co., Ltd., have superseding cash deposit 
rates, i.e., there have been final results published in a subsequent 
administrative review,\8\ we will not issue revised cash deposit 
instructions to U.S. Customs and Border Protection (CBP) with respect 
to these companies. This notice will not affect the current cash 
deposit rate for these exporters.
---------------------------------------------------------------------------

    \8\ See Diamond Sawblades and Parts Thereof from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Determination of No Shipments, 
and Rescission of Review in Part; 2018-2019, 86 FR 14873 (March 19, 
2021), unchanged in Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 46832 (August 20, 2021); see 
also Diamond Sawblades and Parts Thereof from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2019-2020, 86 
FR 41446 (August 2, 2021), unchanged in Diamond Sawblades and Parts 
Thereof from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2019-2020, 86 FR 67905 (November 30, 2021).
---------------------------------------------------------------------------

    Commerce will issue revised cash deposit instructions to CBP for 
Danyang Weiwang Tools Manufacturing Co., Ltd., which does not have a 
superseding cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were exported by the Separate Rate 
Respondents, and were entered, or withdrawn from warehouse, for 
consumption during the period November 1, 2016, through October 31, 
2017. These entries will remain enjoined pursuant to the terms of the 
injunctions during the pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise exported by the Separate Rate Respondents in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review.

Notification to Interested Parties

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

    Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15469 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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