Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results Scope Ruling, 21238 [2024-06473]

Download as PDF 21238 Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Notices appearance as discussed at 19 CFR 351.103(d)). Notification to Interested Parties These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and 19 CFR 351.221(c)(1)(i). Dated: March 20, 2024. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–06470 Filed 3–26–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–875] Non-Malleable Cast Iron Pipe Fittings From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Results Scope Ruling Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 11, 2024, the U.S. Court of International Trade (CIT or Court) issued its final judgment in MCC Holdings dba Crane Resistoflex v. United States and ASC Engineered Solutions LLC., Court No. 18–00248, Slip Op. 24–30 (CIT March 11, 2024) (Crane Slip Op. 24–28), sustaining the final remand results of the U.S. Department of Commerce (Commerce), pertaining to the final scope ruling on certain non-malleable cast iron pipe fittings (pipe fittings) from the People’s Republic of China (China). Commerce is therefore amending its Final Scope Ruling to find that ductile iron flanges exported by MCC Holdings dba Crane Resistoflex (Crane) are not within the scope of the antidumping (AD) order on pipe fittings from China. Commerce is also notifying the public that the CIT’s final judgment is not in harmony with the Final Scope Ruling. DATES: Applicable March 21, 2024. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, 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) 482–5831. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Background On November 19, 2018, Commerce issued its Final Scope Ruling on pipe VerDate Sep<11>2014 17:03 Mar 26, 2024 Jkt 262001 fittings from China.1 In its Final Scope Ruling, Commerce found that Crane’s ductile iron flanges were within the scope of the AD order 2 on pipe fittings from China.3 Crane appealed Commerce’s final scope ruling. During the course of litigation, the CIT issued several remand orders culminating in MCC Holdings dba Crane Resistoflex v. United States and ASC Engineered Solutions, LLC, Court No. 18–00248, Slip Op. 22–128 (November 18, 2022) (Crane III). In Crane III, the CIT directed Commerce to issue a new determination, based on reasoning that did not misconstrue a previous decision of the court and in a form that would go into effect if sustained upon judicial review, determining whether Crane’s ductile iron flanges are within the scope of the Order.4 Pursuant to the CIT’s instructions, on remand, and under respectful protest, on December 16, 2022, Commerce found that Crane’s ductile iron flanges are outside the scope of the Order.5 On March 11, 2024, the CIT sustained Commerce’s Third Remand Redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 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 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 March 11, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s final scope ruling. This notice is published in fulfillment of the publication requirements of Timken. 1 See Memorandum, ‘‘Final Scope Ruling on the Antidumping Duty Order on Non-Malleable Cast Iron Pipe Fittings from the People’s Republic of China: MCC Holdings dba Crane Resistoflex,’’ dated November 19, 2018 (Final Scope Ruling). 2 See Notice of Antidumping Duty Order: NonMalleable Cast Iron Pipe Fittings from the People’s Republic of China, 68 FR 16765 (April 7, 2003) (Order). 3 See Final Scope Ruling. 4 See Crane III at 18–19. 5 See Final Results of Redetermination Pursuant to Court Remand, MCC Holdings dba Crane Resistoflex v. United States and ASC Engineered Solutions, LLC Court No. 18–00248, Slip Op. 22– 128 (December 16, 2022) (Third Remand Redetermination) available at: https://access. trade.gov/Resources/remands/22-128.pdf. 6 See Crane Slip Op. 24–28. 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Amended Final Scope Ruling There is now a final scope decision with respect to the Final Scope Ruling. Therefore, Commerce is amending its Final Scope Ruling and finds that the scope of the Order does not cover the products addressed in the Final Scope Ruling. The period to appeal the CIT’s ruling expires on May 10, 2024. Commerce will instruct U.S. Customs and Border Protection (CBP) that, pending any appeals, the cash deposit rate will be zero percent for entries of Crane’s ductile iron flanges from China. In accordance with the CIT’s order sustaining Commerce’s third final remand redetermination, Commerce intends to, with the publication of this notice, issue instructions to CBP to lift suspension of liquidation of such entries, and to liquidate entries of the door thresholds without regard to antidumping duties, with consideration for any potential appeal of the CIT’s final judgement. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e), of the Act. Dated: March 21, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–06473 Filed 3–26–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD825] Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. The EFP would allow a federally permitted fishing vessel to fish outside fishery regulations in support of exempted fishing activities. Regulations SUMMARY: E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Page 21238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06473]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-875]


Non-Malleable Cast Iron Pipe Fittings From the People's Republic 
of China: Notice of Court Decision Not in Harmony With the Final 
Results Scope Ruling

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

SUMMARY: On March 11, 2024, the U.S. Court of International Trade (CIT 
or Court) issued its final judgment in MCC Holdings dba Crane 
Resistoflex v. United States and ASC Engineered Solutions LLC., Court 
No. 18-00248, Slip Op. 24-30 (CIT March 11, 2024) (Crane Slip Op. 24-
28), sustaining the final remand results of the U.S. Department of 
Commerce (Commerce), pertaining to the final scope ruling on certain 
non-malleable cast iron pipe fittings (pipe fittings) from the People's 
Republic of China (China). Commerce is therefore amending its Final 
Scope Ruling to find that ductile iron flanges exported by MCC Holdings 
dba Crane Resistoflex (Crane) are not within the scope of the 
antidumping (AD) order on pipe fittings from China. Commerce is also 
notifying the public that the CIT's final judgment is not in harmony 
with the Final Scope Ruling.

DATES: Applicable March 21, 2024.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, 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) 482-5831.

SUPPLEMENTARY INFORMATION: 

Background

    On November 19, 2018, Commerce issued its Final Scope Ruling on 
pipe fittings from China.\1\ In its Final Scope Ruling, Commerce found 
that Crane's ductile iron flanges were within the scope of the AD order 
\2\ on pipe fittings from China.\3\ Crane appealed Commerce's final 
scope ruling. During the course of litigation, the CIT issued several 
remand orders culminating in MCC Holdings dba Crane Resistoflex v. 
United States and ASC Engineered Solutions, LLC, Court No. 18-00248, 
Slip Op. 22-128 (November 18, 2022) (Crane III). In Crane III, the CIT 
directed Commerce to issue a new determination, based on reasoning that 
did not misconstrue a previous decision of the court and in a form that 
would go into effect if sustained upon judicial review, determining 
whether Crane's ductile iron flanges are within the scope of the 
Order.\4\ Pursuant to the CIT's instructions, on remand, and under 
respectful protest, on December 16, 2022, Commerce found that Crane's 
ductile iron flanges are outside the scope of the Order.\5\ On March 
11, 2024, the CIT sustained Commerce's Third Remand Redetermination.\6\
---------------------------------------------------------------------------

    \1\ See Memorandum, ``Final Scope Ruling on the Antidumping Duty 
Order on Non-Malleable Cast Iron Pipe Fittings from the People's 
Republic of China: MCC Holdings dba Crane Resistoflex,'' dated 
November 19, 2018 (Final Scope Ruling).
    \2\ See Notice of Antidumping Duty Order: Non-Malleable Cast 
Iron Pipe Fittings from the People's Republic of China, 68 FR 16765 
(April 7, 2003) (Order).
    \3\ See Final Scope Ruling.
    \4\ See Crane III at 18-19.
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, MCC Holdings dba Crane Resistoflex v. United States and ASC 
Engineered Solutions, LLC Court No. 18-00248, Slip Op. 22-128 
(December 16, 2022) (Third Remand Redetermination) available at: 
https://access.trade.gov/Resources/remands/22-128.pdf.
    \6\ See Crane Slip Op. 24-28.
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
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 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 March 11, 2024, judgment constitutes a final decision of the CIT 
that is not in harmony with Commerce's final scope ruling. This notice 
is published in fulfillment of the publication requirements of Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling

    There is now a final scope decision with respect to the Final Scope 
Ruling. Therefore, Commerce is amending its Final Scope Ruling and 
finds that the scope of the Order does not cover the products addressed 
in the Final Scope Ruling. The period to appeal the CIT's ruling 
expires on May 10, 2024. Commerce will instruct U.S. Customs and Border 
Protection (CBP) that, pending any appeals, the cash deposit rate will 
be zero percent for entries of Crane's ductile iron flanges from China. 
In accordance with the CIT's order sustaining Commerce's third final 
remand redetermination, Commerce intends to, with the publication of 
this notice, issue instructions to CBP to lift suspension of 
liquidation of such entries, and to liquidate entries of the door 
thresholds without regard to antidumping duties, with consideration for 
any potential appeal of the CIT's final judgement.

Notification to Interested Parties

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

    Dated: March 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-06473 Filed 3-26-24; 8:45 am]
BILLING CODE 3510-DS-P

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