Certain Hardwood Plywood Products From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping and Countervailing Duty Scope Ruling; Notice of Amended Final Results, 60643-60644 [2023-19043]
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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices
respondent interested parties.5 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset
reviews of the Orders.
Scope of the Orders
The products covered by these Orders
are stainless steel flanges from India and
China. For a full description of the
scope, see the Issues and Decision
Memorandum.6
Analysis of Comments Received
A complete discussion of all issues
raised in these sunset reviews is
contained in the accompanying Issues
and Decision Memorandum.7 A list of
topics discussed in the Issues and
Decision Memorandum is included as
an appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be directly accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would likely lead to the continuation or
recurrence of dumping and that the
magnitude of the dumping margins
likely to prevail would be weighedaverage margins up to 145.25 percent for
India, and up to 257.11 percent for
China.8
ddrumheller on DSK120RN23PROD with NOTICES1
Administrative Protective Orders
This notice serves as the only
reminder to interested parties subject to
an Administrative Protective Order
(APO) of their responsibility concerning
the return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on May 1, 2023,’’ dated June 20, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Reviews of the Antidumping Duty
Orders on Stainless Steel Flanges from India and
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
7 See generally Issues and Decision
Memorandum.
8 Id. at 9.
VerDate Sep<11>2014
18:02 Sep 01, 2023
Jkt 259001
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: August 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2023–19023 Filed 9–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With the Results of
Antidumping and Countervailing Duty
Scope Ruling; Notice of Amended
Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 22, 2023, the U.S.
Court of International Trade (CIT)
issued its final judgment in Far East
American, Inc., et al., v. United States,
Consol. Court no. 22–00049 (Far
Eastern), sustaining the U.S. Department
of Commerce (Commerce)’s first remand
results of redetermination pertaining to
the final scope ruling for the
antidumping and countervailing duty
orders on certain hardwood plywood
products (hardwood plywood) from the
People’s Republic of China (China). In
the underlying ruling, Commerce
determined that hardwood plywood
exported into the United States by
Vietnam Finewood Company Limited
(Finewood) that was produced using
AGENCY:
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60643
two-ply panels imported into Vietnam
from China was included in the scope
of the orders. Commerce is notifying the
public that the CIT’s final judgment is
not in harmony with Commerce’s final
scope ruling on Finewood’s two-ply
panels from China and is amending its
final scope ruling.
DATES: Applicable September 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2953.
SUPPLEMENTARY INFORMATION:
Background
In response to a U.S. Customs and
Border Protection (CBP) covered
merchandise referral,1 on January 21,
2022, Commerce issued its Final Scope
Ruling addressing Finewood’s two-ply
panels imported from China and
whether they are covered by the
antidumping and countervailing duty
orders on hardwood plywood from
China.2 Commerce found that the plain
language of the scope of the Orders was
ambiguous with respect to the definition
of ‘‘certain veneered panels,’’ and, thus,
Commerce turned to the sources in 19
CFR 351.225(k)(1) and found those
sources indicated that hardwood
plywood exported to the United States
by Finewood that was produced using
two-ply panels imported into Vietnam
from China were covered by the scope
of the Orders.3
Finewood, Far East American, Inc.,
Liberty Woods International, Inc., and
Consolidated Plaintiff InterGlobal
Forest, LLC, appealed Commerce’s Final
Scope Ruling. On April 20, 2023, the
CIT remanded the Final Scope Ruling to
Commerce, holding that the scope
language, when read together with the
19 CFR 351.225(k)(1) sources,
unambiguously establishes that the
Orders do not include Chinese two-ply
1 See Certain Hardwood Plywood from the
People’s Republic of China: Notice of Covered
Merchandise Referral and Initiation of Scope
Inquiry, 85 FR 3024 (January 17, 2020).
2 See Memorandum, ‘‘Antidumping Duty and
Countervailing Duty Orders on Certain Hardwood
Plywood Products from the People’s Republic of
China, Enforcement and Protect Act (EAPA)
Investigation No. 7252: Final Scope Ruling,’’ dated
January 21, 2022 (Final Scope Ruling); see also
Certain Hardwood Plywood Products from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018); and Certain Hardwood Plywood Products
from the People’s Republic of China: Countervailing
Duty Order, 83 FR 513 (January 4, 2018)
(collectively, the Orders).
3 See Final Scope Ruling at 10–20.
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60644
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices
panels.4 Therefore, the CIT remanded
Commerce’s determination to
Commerce with the instruction that
Commerce issue a scope ruling
concerning Finewood’s two-ply panels
that is consistent with the unambiguous
meaning of the Orders.5
In its final remand redetermination,
issued in June 2023, Commerce adopted
the CIT’s interpretation of the scope of
the Orders and determined that
hardwood plywood exported to the
United States by Finewood that was
produced using two-ply panels
imported into Vietnam from China is
not subject to the scope of the Orders.6
The CIT sustained Commerce’s final
redetermination.7
Timken Notice
In its decision in Timken,8 as clarified
by Diamond Sawblades,9 the Court of
Appeals for the Federal Circuit held
that, pursuant to sections 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
August 22, 2023, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final Scope
Ruling. Thus, this notice is published in
fulfillment of the publication
requirements of Timken.
ddrumheller on DSK120RN23PROD with NOTICES1
Liquidation of Suspended Entries
Commerce will instruct CBP that,
pending any appeals, the cash deposit
rate will be zero percent for
merchandise subject to the scope ruling.
In the event that the CIT’s final
judgment is not appealed or is upheld
4 See Vietnam Finewood Co. v. United States, 633
F. Supp. 3d 1243, 1255 (CIT 2023).
5 Id., 633 F. Supp. 3d at 1265.
6 See Final Results of Redetermination Pursuant
to Court Remand, Vietnam Finewood Company
Limited, et al., v. United States, Consol. Court No.
22–00049, Slip-Op. 23–58, dated June 16, 2023
(Final Results) at 5.
7 See Far East American, Inc. et al. v. United
States, Consol. Court No. 22–00049, Slip Op. 23–
122 (CIT August 22, 2023).
8 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
9 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
18:02 Sep 01, 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: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–19043 Filed 9–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Industrial Advisory Committee
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The Industrial Advisory
Committee (Committee) will hold an
open meeting via web conference on
Wednesday, November 8, 2023, from
10:30 a.m. to 3:30 p.m. Eastern Time.
The primary purposes of this meeting
are to update the Committee on the
progress of the CHIPS R&D Programs,
receive updates from the Committee
working groups, and allow the
Committee to deliberate and discuss the
progress that has been made. The final
agenda will be posted on the NIST
website at https://www.nist.gov/chips/
industrial-advisory-committee.
DATES: The Industrial Advisory
Committee will meet on Wednesday,
November 8, 2023, from 10:30 a.m. to
3:30 p.m. Eastern Time. The meeting
will be open to the public.
ADDRESSES: The meeting will be held
via web conference. For instructions on
how to attend and/or participate in the
meeting, please see the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Tamiko Ford at Tamiko.Ford@NIST.gov
or (202) 594–6793.
SUPPLEMENTARY INFORMATION: The
Committee was established pursuant to
15 U.S.C. 4656(b). The Committee is
SUMMARY:
Amended Final Scope Ruling
Because there is now a final court
judgment, Commerce is amending its
Final Scope Ruling to find that
hardwood plywood exported to the
United States by Finewood that was
produced using two-ply panels
imported into Vietnam from China is
not subject to the scope of the Orders.
VerDate Sep<11>2014
on appeal, Commerce will notify CBP of
our amended scope ruling in response
to its covered merchandise referral and
will instruct CBP to liquidate any
unliquidated entries of hardwood
plywood exported to the United States
by Finewood that was produced using
two-ply panels imported into Vietnam
from China without regard to
antidumping and countervailing duties
and to lift suspension of liquidation of
such entries.
PO 00000
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Fmt 4703
Sfmt 4703
currently composed of 24 members,
appointed by the Secretary of
Commerce, to provide advice to the
United States Government on matters
relating to microelectronics research,
development, manufacturing, and
policy. Background information on the
CHIPS Act and information on the
Committee is available at https://
www.nist.gov/chips/industrial-advisorycommittee. Pursuant to the Federal
Advisory Committee Act, as amended, 5
U.S.C. app., notice is hereby given that
the Industrial Advisory Committee will
meet on Wednesday, November 8, 2023,
from 10:30 a.m. to 3:30 p.m. Eastern
Time. The meeting will be open to the
public and will be held via web
conference. Interested members of the
public will be able to participate in the
meeting from remote locations. The
primary purposes of this meeting are to
update the Committee on the progress of
the CHIPS R&D Programs, receive
updates from the Committee working
groups, and allow the Committee to
deliberate and discuss the progress that
has been made. The final agenda will be
posted on the NIST website at https://
www.nist.gov/chips/industrial-advisorycommittee. Individuals and
representatives of organizations who
would like to offer comments and
suggestions related to items on the
Committee’s agenda for this meeting are
invited to submit comments in advance
of the meeting. Written comments may
be submitted via the registration link.
Approximately ten minutes will be
reserved for public comments, which
will be read on a first-come, first-served
basis. Please note that all submitted
comments, including those not read
during the meeting, will be treated as
public documents and will be made
available for public inspection. The
Committee will not consider or
deliberate upon comments from the
public during this period. All those
wishing to submit a comment must
submit their request and comment via
the registration link by 5:00 p.m. Eastern
Time, Friday, November 3, 2023.
All visitors to the meeting are
required to pre-register to be attend.
Anyone wishing to attend via web
conference must register by 5:00 p.m.
Eastern Time, Friday, November 3,
2023, to attend. Please submit your full
name, the organization you represent (if
applicable), email address, and phone
number via https://events.nist.gov/
profile/18507. Non-U.S. citizens must
submit additional information; please
E:\FR\FM\05SEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60643-60644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19043]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Notice of Court Decision Not in Harmony With the Results of
Antidumping and Countervailing Duty Scope Ruling; Notice of Amended
Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 22, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in Far East American, Inc., et al., v.
United States, Consol. Court no. 22-00049 (Far Eastern), sustaining the
U.S. Department of Commerce (Commerce)'s first remand results of
redetermination pertaining to the final scope ruling for the
antidumping and countervailing duty orders on certain hardwood plywood
products (hardwood plywood) from the People's Republic of China
(China). In the underlying ruling, Commerce determined that hardwood
plywood exported into the United States by Vietnam Finewood Company
Limited (Finewood) that was produced using two-ply panels imported into
Vietnam from China was included in the scope of the orders. Commerce is
notifying the public that the CIT's final judgment is not in harmony
with Commerce's final scope ruling on Finewood's two-ply panels from
China and is amending its final scope ruling.
DATES: Applicable September 1, 2023.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2953.
SUPPLEMENTARY INFORMATION:
Background
In response to a U.S. Customs and Border Protection (CBP) covered
merchandise referral,\1\ on January 21, 2022, Commerce issued its Final
Scope Ruling addressing Finewood's two-ply panels imported from China
and whether they are covered by the antidumping and countervailing duty
orders on hardwood plywood from China.\2\ Commerce found that the plain
language of the scope of the Orders was ambiguous with respect to the
definition of ``certain veneered panels,'' and, thus, Commerce turned
to the sources in 19 CFR 351.225(k)(1) and found those sources
indicated that hardwood plywood exported to the United States by
Finewood that was produced using two-ply panels imported into Vietnam
from China were covered by the scope of the Orders.\3\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood from the People's Republic of
China: Notice of Covered Merchandise Referral and Initiation of
Scope Inquiry, 85 FR 3024 (January 17, 2020).
\2\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Orders on Certain Hardwood Plywood Products from the People's
Republic of China, Enforcement and Protect Act (EAPA) Investigation
No. 7252: Final Scope Ruling,'' dated January 21, 2022 (Final Scope
Ruling); see also Certain Hardwood Plywood Products from the
People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value, and Antidumping Duty Order, 83 FR 504 (January
4, 2018); and Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018) (collectively, the Orders).
\3\ See Final Scope Ruling at 10-20.
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Finewood, Far East American, Inc., Liberty Woods International,
Inc., and Consolidated Plaintiff InterGlobal Forest, LLC, appealed
Commerce's Final Scope Ruling. On April 20, 2023, the CIT remanded the
Final Scope Ruling to Commerce, holding that the scope language, when
read together with the 19 CFR 351.225(k)(1) sources, unambiguously
establishes that the Orders do not include Chinese two-ply
[[Page 60644]]
panels.\4\ Therefore, the CIT remanded Commerce's determination to
Commerce with the instruction that Commerce issue a scope ruling
concerning Finewood's two-ply panels that is consistent with the
unambiguous meaning of the Orders.\5\
---------------------------------------------------------------------------
\4\ See Vietnam Finewood Co. v. United States, 633 F. Supp. 3d
1243, 1255 (CIT 2023).
\5\ Id., 633 F. Supp. 3d at 1265.
---------------------------------------------------------------------------
In its final remand redetermination, issued in June 2023, Commerce
adopted the CIT's interpretation of the scope of the Orders and
determined that hardwood plywood exported to the United States by
Finewood that was produced using two-ply panels imported into Vietnam
from China is not subject to the scope of the Orders.\6\ The CIT
sustained Commerce's final redetermination.\7\
---------------------------------------------------------------------------
\6\ See Final Results of Redetermination Pursuant to Court
Remand, Vietnam Finewood Company Limited, et al., v. United States,
Consol. Court No. 22-00049, Slip-Op. 23-58, dated June 16, 2023
(Final Results) at 5.
\7\ See Far East American, Inc. et al. v. United States, Consol.
Court No. 22-00049, Slip Op. 23-122 (CIT August 22, 2023).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the Court of Appeals for the Federal Circuit held that, pursuant to
sections 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 August 22,
2023, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Scope Ruling. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Scope Ruling
Because there is now a final court judgment, Commerce is amending
its Final Scope Ruling to find that hardwood plywood exported to the
United States by Finewood that was produced using two-ply panels
imported into Vietnam from China is not subject to the scope of the
Orders.
Liquidation of Suspended Entries
Commerce will instruct CBP that, pending any appeals, the cash
deposit rate will be zero percent for merchandise subject to the scope
ruling. In the event that the CIT's final judgment is not appealed or
is upheld on appeal, Commerce will notify CBP of our amended scope
ruling in response to its covered merchandise referral and will
instruct CBP to liquidate any unliquidated entries of hardwood plywood
exported to the United States by Finewood that was produced using two-
ply panels imported into Vietnam from China without regard to
antidumping and countervailing duties and to lift suspension of
liquidation of such entries.
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: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19043 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P
