Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Scope Ruling, 22993-22994 [2024-07075]

Download as PDF Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).19 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. lotter on DSK11XQN23PROD with NOTICES1 APO and Service Final Rule. NME AD Assessment. VerDate Sep<11>2014 18:18 Apr 02, 2024 Dated: March 26, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. BILLING CODE 3510–DS–P For the companies for which this review is rescinded with these preliminary results, we will instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period July 1, 2022, through June 30, 2023, in accordance with 19 CFR 351.212(c)(1)(i). We intend to issue assessment instructions to CBP for these companies no earlier than 35 days after the date of publication of this notice in the Federal Register. In addition, if we continue to find no POR shipments of subject merchandise for Best Nail/Shaoxing Bohui in the final results, any suspended entries of subject merchandise associated with this company will be liquidated at the China-wide rate.20 For this company, we intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). 20 See Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(4). [FR Doc. 2024–07011 Filed 4–2–24; 8:45 am] Assessment Rates 19 See Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/ or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of the antidumping duties by the amount of the countervailing duties. Jkt 262001 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 of Scope Ruling Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 6, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Star Pipe Products v. United States and ASC Engineered Solutions LLC., Court No. 17–00236, Slip Op. 24–28 (CIT March 6, 2024) (Star Pipe 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 Star Pipe Products (Star Pipe) 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. AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 DATES: 22993 Applicable March 16, 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 August 17, 2017, Commerce issued its Final Scope Ruling on pipe fittings from China.1 In its Final Scope Ruling, Commerce found that Star Pipe’s ductile iron flanges were within the scope of the AD order 2 on pipe fittings from China.3 Star Pipe appealed Commerce’s Final Scope Ruling. During the course of litigation, the CIT issued several remand orders culminating in Star Pipe Products v. United States and ASC Engineered Solutions, LLC, Court No. 17–00236, Slip Op. 22–127 (November 18, 2022) (Star Pipe IV). In Star Pipe IV, the CIT directed Commerce to issue a new determination, in a form that would go into effect if sustained upon judicial review, determining whether Star Pipe’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 Star Pipe’s ductile iron flanges are outside the scope of the Order.5 On March 6, 2024, the CIT sustained Commerce’s Fourth 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 1 See ‘‘Final Scope Ruling on the Antidumping Duty Order on Non-Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Request by Star Pipe Products,’’ dated August 17, 2017 (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 Star Pipe IV at 3 and 15–18. 5 See Final Results of Redetermination Pursuant to Court Remand, Star Pipe Products v. United States and Anvil International, Court No. 17–00236, Slip Op. 22–127, dated December 16, 2022 (Fourth Remand Redetermination), available at https:// access.trade.gov/Resources/remands/22-127.pdf. 6 See Star Pipe 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). E:\FR\FM\03APN1.SGM 03APN1 22994 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s March 6, 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. Amended Final Scope Ruling There is now a final scope decision with respect to the Star Pipe 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 Star Pipe Final Scope Ruling. The period to appeal the CIT’s ruling expires on May 6, 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 Star Pipe’s ductile iron flanges from China. In accordance with the CIT’s order sustaining Commerce’s Fourth 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 ductile iron flanges 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)(1) and (e), of the Act. Dated: March 28, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. 2024, for the transmittal of applications. This notice extends the deadline for transmittal of applications until May 15, 2024. DATES: Applications for immediate consideration for membership must be received by the Office of SelectUSA by 5:00 p.m. Eastern Daylight Time (EDT) on May 15, 2024. Applications received after this date may be considered by SelectUSA as appropriate and when vacancies become available. ADDRESSES: Please submit application information by email to IAC@trade.gov. FOR FURTHER INFORMATION CONTACT: Claire Pillsbury, SelectUSA, U.S. Department of Commerce; telephone: (202) 578–8239; email: IAC@trade.gov. SUPPLEMENTARY INFORMATION: On February 7, 2024, we published a notice soliciting members for the United States Investment Advisory Council in the Federal Register (89 FR 8405). The notice established a deadline date of March 20, 2024, for the transmittal applications. We are extending the deadline for the transmittal of applications to allow additional time for applicants to complete and submit their applications. All applications previously received pursuant to the February 7, 2024 Federal Register Notice will be duly considered during the extended solicitation period and should not be resubmitted. Note: All requirements and conditions stated in the original notice remain the same, except for the deadline for the transmittal of applications. Jasjit Kalra, Executive Director, SelectUSA. [FR Doc. 2024–06988 Filed 4–2–24; 8:45 am] BILLING CODE 3510–DR–P [FR Doc. 2024–07075 Filed 4–2–24; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P International Trade Administration DEPARTMENT OF COMMERCE United States Investment Advisory Council SelectUSA, International Trade Administration, Department of Commerce. ACTION: Notice of deadline extension. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: On February 7, 2024, the Department of Commerce published in the Federal Register a notice soliciting applications for membership on the United States Investment Advisory Council (IAC or Council). The notice established a deadline date of March 20, VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 SUPPLEMENTARY INFORMATION: Background On March 19, 2021, Commerce published in the Federal Register the antidumping duty (AD) order on certain corrosion inhibitors from the People’s Republic of China (China).1 On March 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On May 9, 2023, based on timely requests for an administrative review, Commerce initiated the administrative review of the Order.3 The administrative review covers 21 companies, including two mandatory respondents, Anhui Trust Chem Co., Ltd., and Nantong Botao Chemical Co., Ltd.4 On October 30, 2023, Commerce extended the deadline for these preliminary results to March 28, 2024.5 For a complete description of the events that occurred since the initiation of this review, see the Preliminary Decision Memorandum.6 The Preliminary 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. A list of topics discussed in the Preliminary Decision [A–570–122] International Trade Administration SUMMARY: March 1, 2022, through February 28, 2023. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable April 3, 2024. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla and Dusten Hom, 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) 482–3477, and (202) 482–5075, respectively. Certain Corrosion Inhibitors From the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and/ or exporters made sales of certain corrosion inhibitors (corrosion inhibitors) at less than normal value during the period of review (POR) AGENCY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 1 See Certain Corrosion Inhibitors from the People’s Republic of China: Antidumping Duty Order, 86 FR 14869 (March 19, 2021) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 88 FR 13091 (March 2, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 29881 (May 9, 2023) (Initiation Notice). 4 See Memoranda, ‘‘Respondent Selection,’’ dated June 22, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results,’’ dated October 30, 2023. 6 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of the 2022–2023 Antidumping Duty Administrative Review of Certain Corrosion Inhibitors from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22993-22994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07075]


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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 of Scope Ruling

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

SUMMARY: On March 6, 2024, the U.S. Court of International Trade (CIT) 
issued its final judgment in Star Pipe Products v. United States and 
ASC Engineered Solutions LLC., Court No. 17-00236, Slip Op. 24-28 (CIT 
March 6, 2024) (Star Pipe 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 Star Pipe Products (Star Pipe) 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 16, 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 August 17, 2017, Commerce issued its Final Scope Ruling on pipe 
fittings from China.\1\ In its Final Scope Ruling, Commerce found that 
Star Pipe's ductile iron flanges were within the scope of the AD order 
\2\ on pipe fittings from China.\3\ Star Pipe appealed Commerce's Final 
Scope Ruling. During the course of litigation, the CIT issued several 
remand orders culminating in Star Pipe Products v. United States and 
ASC Engineered Solutions, LLC, Court No. 17-00236, Slip Op. 22-127 
(November 18, 2022) (Star Pipe IV). In Star Pipe IV, the CIT directed 
Commerce to issue a new determination, in a form that would go into 
effect if sustained upon judicial review, determining whether Star 
Pipe'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 Star Pipe's ductile 
iron flanges are outside the scope of the Order.\5\ On March 6, 2024, 
the CIT sustained Commerce's Fourth Remand Redetermination.\6\
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    \1\ See ``Final Scope Ruling on the Antidumping Duty Order on 
Non-Malleable Cast Iron Pipe Fittings from the People's Republic of 
China: Request by Star Pipe Products,'' dated August 17, 2017 (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 Star Pipe IV at 3 and 15-18.
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Star Pipe Products v. United States and Anvil International, 
Court No. 17-00236, Slip Op. 22-127, dated December 16, 2022 (Fourth 
Remand Redetermination), available at https://access.trade.gov/Resources/remands/22-127.pdf.
    \6\ See Star Pipe 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

[[Page 22994]]

harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's March 6, 
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).
---------------------------------------------------------------------------

Amended Final Scope Ruling

    There is now a final scope decision with respect to the Star Pipe 
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 Star Pipe Final Scope Ruling. The period to 
appeal the CIT's ruling expires on May 6, 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 Star Pipe's 
ductile iron flanges from China. In accordance with the CIT's order 
sustaining Commerce's Fourth 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 ductile iron flanges 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)(1) and (e), of the Act.

    Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-07075 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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