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, 68585 [2024-19199]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Page 68585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19199]



[[Page 68585]]

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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 13, 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. 21-00402, sustaining the U.S. Department of 
Commerce's (Commerce) final results of redetermination 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, 2018, through December 
31, 2018. 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. (Yama).

DATES: Applicable August 23, 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 July 28, 2021, Commerce published its final results of the 2018 
countervailing duty administrative review of ribbons from China.\1\ In 
the Final Results, Commerce assigned Yama an overall subsidy rate of 
42.20 percent based, in part, on adverse facts available (AFA) for the 
Export Buyer's Credit Program (EBCP) and the provision of synthetic 
yarn and caustic soda for less than adequate remuneration (LTAR).
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    \1\ See Narrow Woven Ribbons with Woven Selvedge from the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2018, 86 FR 40462 (July 28, 2021) (Final 
Results).
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    Yama appealed Commerce's Final Results. On August 25, 2023, the CIT 
remanded the Final Results to Commerce, directing Commerce to: (1) 
reconsider its determination on the EBCP; (2) supplement the record 
with the new subsidy allegation, which the petitioner filed in the 2015 
administrative review of this proceeding and upon which Commerce relied 
in making its specificity determinations for the provision of synthetic 
yarn and caustic soda for LTAR programs; and (3) reconsider its 
determinations for the provision of the synthetic yarn and caustic soda 
for LTAR programs in their entirety.\2\
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    \2\ See Yama Ribbons and Bows Co., Ltd. v. United States, 653 F. 
Supp. 3d 1314 (CIT 2023).
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    In its final remand redetermination, issued in October 2023, 
Commerce reconsidered its decision to apply AFA in evaluating use of 
the EBCP and determined, under respectful protest, that the EBCP was 
not used by Yama during the period of review (POR).\3\ Commerce also 
further considered the supplemented administrative record regarding the 
provision of synthetic yarn and caustic soda for LTAR programs and 
continued to find that these programs were specific and that Yama 
benefited from them during the POR. Accordingly, Commerce calculated a 
revised subsidy rate for Yama of 31.66 percent.\4\ The CIT sustained 
Commerce's final remand redetermination.\5\
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    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Yama Ribbons and Bows Co., Ltd. v. United States, Court No. 
21-00402, Slip Op. 23-127 (CIT August 25, 2023), dated October 24, 
2023, available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \4\ Id. at 21.
    \5\ See Yama Ribbons and Bows Co., Ltd., v. United States, Court 
No. 21-00402, Slip Op. 24-92 (CIT August 13, 2024).
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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 August 13, 
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.
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    \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. Cir. 2010) (Diamond Sawblades).
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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)
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Yama Ribbons and Bows Co., Ltd.........................           31.66
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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 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; were 
the subject of Commerce's Final Results; and were entered, or withdrawn 
from warehouse, for consumption, during the period January 1, 2018, 
through December 31, 2018. 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,\8\ we will instruct CBP to liquidate the 
appropriate entries without regard to countervailing duties.
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    \8\ See 19 CFR 351.106(c)(2).
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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 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. 2024-19199 Filed 8-26-24; 8:45 am]
BILLING CODE 3510-DS-P