Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results, 67419-67420 [2024-18589]

Download as PDF Federal Register / Vol. 89, No. 161 / Tuesday, August 20, 2024 / Notices complete set of routine disclosures, has been published both in the Federal Register and on the Department’s website at: https://www.commerce.gov/ opog/privacy/SORN/SORN-DEPT-11. Although providing this information is voluntary, an individual cannot be considered for membership without an application submission, whether selfnominated or nominated by someone else. Man K. Cho, Deputy Director, Office of Energy and Environmental Industries. [FR Doc. 2024–18623 Filed 8–19–24; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–953] Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On August 5, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Yama Ribbons and Bows Co., Ltd. v. United States, Court No. 20–00059, sustaining the U.S. Department of Commerce’s (Commerce) second remand results pertaining to the administrative review of the countervailing duty order on narrow woven ribbons with woven selvedge (ribbons) from the People’s Republic of China (China) covering the period January 1, 2017, through December 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 countervailable subsidy rate assigned to Yama Ribbons and Bows Co., Ltd. (Yama). SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES DATES: Applicable August 15, 2024. Ajay K. Menon, 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) 482–0208. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:24 Aug 19, 2024 Jkt 262001 Background On February 25, 2020, Commerce published its final results in the 2017 countervailing duty administrative review of ribbons from China.1 Commerce assigned Yama an overall subsidy rate of 31.87 percent,2 including a rate based on an adverse facts available (AFA) rate of 10.54 percent for the export buyer’s credit program (EBCP). Yama appealed Commerce’s Final Results. On December 23, 2022, the CIT sustained, in part, and remanded, in part, the Final Results, instructing Commerce to: (1) reconsider its use of the 10.54 percent rate as AFA for the EBCP; and (2) explain why the rate it decided to use is appropriate under section 776(d) of the Tariff Act of 1930, as amended (the Act), given that an unreasonably high AFA rate could unduly prejudice Yama, which fully cooperated during the review.3 In its first final remand redetermination, issued in February 2023, Commerce reexamined its application of the countervailing duty AFA hierarchy and provided further explanation of why the 10.54 percent subsidy rate calculated for the preferential policy lending program in Coated Paper from China 4 was appropriate to use as AFA for the EBCP.5 However, on April 10, 2024, the CIT remanded Commerce’s rate selection for a second time, ordering that Commerce reconsider its decision to use 10.54 percent subsidy rate from the preferential policy lending program to the coated paper industry in Coated Paper from China as the rate selected as AFA for the EBCP.6 In its second final remand redetermination issued in June 2024,7 1 See Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2017, 85 FR 10653 (February 25, 2020) (Final Results). 2 Id., 85 FR at 10654. 3 See Yama Ribbons and Bows Co., v. United States, 611 F. Supp. 3d 1394, 1403 (CIT 2022). 4 See Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet Fed Presses from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 59212 (September 27, 2010) (Coated Paper from China), and accompanying Issues and Decision Memorandum (IDM) at 12. 5 See Final Results of Redetermination Pursuant to Court Remand, Yama Ribbons and Bows Co., v. United States, Court No. 20–00059, Slip Op. 22–157 (CIT December 23, 2022), dated February 14, 2023, available at https://access.trade.gov/public/Final RemandRedetermination.aspx. 6 See Yama Ribbons and Bows Co. v. United States, Court No. 20–00059, Slip. Op. 24–43 (CIT April 10, 2024). 7 See Final Results of Redetermination Pursuant to Court Remand, Yama Ribbons and Bows Co., v. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 67419 Commerce reconsidered using the 10.54 percent rate from the preferential lending program in Coated Paper from China as AFA for the EBCP, and instead, used the 0.87 percent subsidy rate calculated for the Export Seller’s Credit program in Chloro Isos from China.8 Accordingly, Commerce calculated a revised subsidy rate for Yama of 22.20 percent. On August 5, 2024, the CIT sustained Commerce’s final redetermination.9 Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of 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 5, 2024, 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 Yama as follows: Company Yama Ribbons and Bows Co., Ltd ............................. Subsidy rate (percent ad valorem) 22.20 Cash Deposit Requirements Because Yama has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue United States, Court No. 20–00059, Slip Op. 24–43 (CIT April 10, 2024), dated June 10, 2024, available at https://access.trade.gov/public/FinalRemand Redetermination.aspx. 8 See Countervailing Duty Investigation of Chlorinated Isocyanurates from the People’s Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Determination, 79 FR 10097 (February 24, 2014), and accompanying Preliminary Decision Memorandum at 15, unchanged in Chlorinated Isocyanurates from the People’s Republic of China: Final Affirmative Countervailing Duty Determination; 2012, 79 FR 56560 (September 22, 2014) (Chloro Isos from China), and accompanying IDM at 14. 9 See Yama Ribbons and Bows Co. v. United States, Court No. 20–00059, Slip Op. 24–89, dated August 5, 2024. 10 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 11 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\20AUN1.SGM 20AUN1 67420 Federal Register / Vol. 89, No. 161 / Tuesday, August 20, 2024 / Notices revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate for Yama. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: were produced and/or exported by Yama that were the subject of Commerce’s Final Results, and that were entered, or withdrawn from warehouse, for consumption, during the period January 1, 2017, through December 31, 2017. These entries will remain enjoined pursuant to the terms of the injunction 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 countervailing duties on unliquidated entries of subject merchandise produced and/or exported by Yama in accordance with 19 CFR 351.212(b). We will instruct CBP to assess countervailing duties on all appropriate entries covered by this review when the ad valorem rate is not zero or de minimis. Where an ad valorem subsidy rate is zero or de minimis,12 we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties. 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 13, 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. 2024–18589 Filed 8–19–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–922, A–570–160] khammond on DSKJM1Z7X2PROD with NOTICES 2,4-Dichlorophenoxyacetic Acid From India and the People’s Republic of China: Postponement of Preliminary Determinations in the Less-Than-FairValue Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 20, 2024. FOR FURTHER INFORMATION CONTACT: Grant Fuller at (202) 482–6228 (India); AGENCY: 12 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:24 Aug 19, 2024 Jkt 262001 Anjali Mehindiratta at (202) 482–9127 (the People’s Republic of China (China)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On April 23, 2024, the U.S. Department of Commerce (Commerce) initiated less-than-fair-value (LTFV) investigations of imports of 2,4Dichlorophenoxyacetic Acid (2,4–D) from India and China.1 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 The deadline for these preliminary determinations is now September 17, 2024. Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner 3 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On August 7, 2024, the petitioner submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations.4 The petitioners stated that it requests postponement ‘‘because 1 See 2,4-Dichlorophenoxyacetic Acid from the People’s Republic of China and India: Initiation of Less-Than-Fair-Value Investigations, 89 FR 34200 (April 30, 2024) (Initiation Notice). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 The petitioner is Corteva Agriscience LLC. 4 See Petitioner’s Letter, ‘‘Request for Postponement of Preliminary Determination,’’ dated August 7, 2024. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 {these} investigation{s} involve{ } complex and novel issues, which require additional time to investigate completely.’’ 5 For the reason stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than November 6, 2024.6 In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 13, 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. 2024–18590 Filed 8–19–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Artificial Intelligence Advisory Committee National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of Open Meeting. AGENCY: The National Institute of Standards and Technology (NIST) announces that the National Artificial Intelligence Advisory Committee (NAIAC or Committee) will hold a virtual meeting with briefing sessions. This meeting will be held via web conference on Wednesday, September 4, 2024, from 2:00 p.m.–5:00 p.m. Eastern Time. The primary purpose of this meeting is for NAIAC to receive a briefing by outside panelists on AI in the workforce and a separate briefing from the Law Enforcement Subcommittee on topics related to AI in law enforcement specific to facial recognition technology. The final agenda will be posted on the NIST SUMMARY: 5 Id. at 1–2. deadline has been tolled by seven days. See footnote 2, supra. 6 This E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Notices]
[Pages 67419-67420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18589]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-953]


Narrow Woven Ribbons With Woven Selvedge From the People's 
Republic of China: Notice of Court Decision Not in Harmony With the 
Results of Countervailing Duty Administrative Review; Notice of Amended 
Final Results

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

SUMMARY: On August 5, 2024, the U.S. Court of International Trade (CIT) 
issued its final judgment in Yama Ribbons and Bows Co., Ltd. v. United 
States, Court No. 20-00059, sustaining the U.S. Department of 
Commerce's (Commerce) second remand results pertaining to the 
administrative review of the countervailing duty order on narrow woven 
ribbons with woven selvedge (ribbons) from the People's Republic of 
China (China) covering the period January 1, 2017, through December 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 countervailable subsidy rate assigned to Yama Ribbons and Bows Co., 
Ltd. (Yama).

DATES: Applicable August 15, 2024.

FOR FURTHER INFORMATION CONTACT: Ajay K. Menon, 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) 482-0208.

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2020, Commerce published its final results in the 
2017 countervailing duty administrative review of ribbons from 
China.\1\ Commerce assigned Yama an overall subsidy rate of 31.87 
percent,\2\ including a rate based on an adverse facts available (AFA) 
rate of 10.54 percent for the export buyer's credit program (EBCP).
---------------------------------------------------------------------------

    \1\ See Narrow Woven Ribbons with Woven Selvedge from the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2017, 85 FR 10653 (February 25, 2020) (Final 
Results).
    \2\ Id., 85 FR at 10654.
---------------------------------------------------------------------------

    Yama appealed Commerce's Final Results. On December 23, 2022, the 
CIT sustained, in part, and remanded, in part, the Final Results, 
instructing Commerce to: (1) reconsider its use of the 10.54 percent 
rate as AFA for the EBCP; and (2) explain why the rate it decided to 
use is appropriate under section 776(d) of the Tariff Act of 1930, as 
amended (the Act), given that an unreasonably high AFA rate could 
unduly prejudice Yama, which fully cooperated during the review.\3\
---------------------------------------------------------------------------

    \3\ See Yama Ribbons and Bows Co., v. United States, 611 F. 
Supp. 3d 1394, 1403 (CIT 2022).
---------------------------------------------------------------------------

    In its first final remand redetermination, issued in February 2023, 
Commerce reexamined its application of the countervailing duty AFA 
hierarchy and provided further explanation of why the 10.54 percent 
subsidy rate calculated for the preferential policy lending program in 
Coated Paper from China \4\ was appropriate to use as AFA for the 
EBCP.\5\ However, on April 10, 2024, the CIT remanded Commerce's rate 
selection for a second time, ordering that Commerce reconsider its 
decision to use 10.54 percent subsidy rate from the preferential policy 
lending program to the coated paper industry in Coated Paper from China 
as the rate selected as AFA for the EBCP.\6\
---------------------------------------------------------------------------

    \4\ See Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet Fed Presses from the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order, 75 FR 59212 (September 27, 2010) 
(Coated Paper from China), and accompanying Issues and Decision 
Memorandum (IDM) at 12.
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Yama Ribbons and Bows Co., v. United States, Court No. 20-
00059, Slip Op. 22-157 (CIT December 23, 2022), dated February 14, 
2023, available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \6\ See Yama Ribbons and Bows Co. v. United States, Court No. 
20-00059, Slip. Op. 24-43 (CIT April 10, 2024).
---------------------------------------------------------------------------

    In its second final remand redetermination issued in June 2024,\7\ 
Commerce reconsidered using the 10.54 percent rate from the 
preferential lending program in Coated Paper from China as AFA for the 
EBCP, and instead, used the 0.87 percent subsidy rate calculated for 
the Export Seller's Credit program in Chloro Isos from China.\8\ 
Accordingly, Commerce calculated a revised subsidy rate for Yama of 
22.20 percent. On August 5, 2024, the CIT sustained Commerce's final 
redetermination.\9\
---------------------------------------------------------------------------

    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Yama Ribbons and Bows Co., v. United States, Court No. 20-
00059, Slip Op. 24-43 (CIT April 10, 2024), dated June 10, 2024, 
available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \8\ See Countervailing Duty Investigation of Chlorinated 
Isocyanurates from the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Determination, 79 FR 10097 (February 24, 2014), and 
accompanying Preliminary Decision Memorandum at 15, unchanged in 
Chlorinated Isocyanurates from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination; 2012, 79 FR 56560 
(September 22, 2014) (Chloro Isos from China), and accompanying IDM 
at 14.
    \9\ See Yama Ribbons and Bows Co. v. United States, Court No. 
20-00059, Slip Op. 24-89, dated August 5, 2024.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c) and (e) of 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 5, 2024, 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.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

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

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Yama Ribbons and Bows Co., Ltd.........................           22.20
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Yama has a superseding cash deposit rate, i.e., there have 
been final results published in a subsequent administrative review, we 
will not issue

[[Page 67420]]

revised cash deposit instructions to U.S. Customs and Border Protection 
(CBP). This notice will not affect the current cash deposit rate for 
Yama.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: were produced and/or exported by Yama that 
were the subject of Commerce's Final Results, and that were entered, or 
withdrawn from warehouse, for consumption, during the period January 1, 
2017, through December 31, 2017. These entries will remain enjoined 
pursuant to the terms of the injunction 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 countervailing duties on unliquidated entries of 
subject merchandise produced and/or exported by Yama in accordance with 
19 CFR 351.212(b). We will instruct CBP to assess countervailing duties 
on all appropriate entries covered by this review when the ad valorem 
rate is not zero or de minimis. Where an ad valorem subsidy rate is 
zero or de minimis,\12\ we will instruct CBP to liquidate the 
appropriate entries without regard to countervailing duties.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

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 13, 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. 2024-18589 Filed 8-19-24; 8:45 am]
BILLING CODE 3510-DS-P
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