[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21537-21538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08387]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-938]
Citric Acid and Certain Citrate Salts From the People's Republic
of China: Notice of Court Decision Not in Harmony With Final Results of
Countervailing Duty Administrative Review and Notice of Amended Final
Results Pursuant to Court Decision; 2011
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 30, 2016, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (Department's) final
results of redetermination,\1\ which recalculated the subsidy rate for
RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC Imp. & Exp.
Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, RZBC Companies)
in the administrative review of the countervailing duty (CVD) order on
citric acid and certain citrate salts (citric acid) from the People's
Republic of China for the period January 1, 2011, through December 31,
2011,\2\ pursuant to the CIT's remand order in RZBC Companies v. United
States.\3\ Consistent with the decision of the United States Court of
Appeals for the Federal Circuit (CAFC) in Timken,\4\ as clarified by
Diamond Sawblades,\5\ the Department is notifying the public that the
Court's final judgment in this case is not in harmony with the Final
Results and that the Department is amending the Final Results with
respect to the RZBC Companies.
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\1\ See RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC
Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. v. United States,
Court No. 14-00041 (CIT March 30, 2016) (Court Order affirming
remand redetermination) (RZBC Companies v. United States II).
\2\ See Citric Acid and Certain Citrate Salts From the People's
Republic of China: Final Results of Countervailing Duty
Administrative Review; 2011, 79 FR 108 (January 2, 2014) (Final
Results) and accompanying Issues and Decision Memorandum (Final
IDM).
\3\ See RZBC Group Shareholding Co., Ltd., RZBC Co., Ltd., RZBC
Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. v. United States,
Court No. 14-00041, Slip Op. 15-83 (August 5, 2015) (RZBC Companies
v. United States).
\4\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\5\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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DATES: Effective Date: April 9, 2016.
FOR FURTHER INFORMATION CONTACT: Patricia M. Tran, AD/CVD Operations,
Office III, Enforcement and Compliance, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone (202) 482-1503.
SUPPLEMENTARY INFORMATION:
Background
In the Final Results, the Department elected to simple-average all
available benchmark data for steam coal, sulfuric acid, and calcium
carbonate because they were not reported in a uniform manner.\6\ The
CIT remanded for the Department to reevaluate the world benchmarks for
steam coal, sulfuric acid, and calcium carbonate subsidies.
Specifically, the CIT instructed the Department to consider whether to
calculate world-average prices using weighted or simple-averages in
light of small-quantity, high-price transactions in the underlying
data, and to comply with the mandate to measure the adequacy of
remuneration in light of prevailing market conditions in the country
subject to review.\7\ The CIT also directed the Department to
recalculate the respondents' countervailing duty rate consistent with
any reevaluated benchmark prices for steam coal, sulfuric acid, and
calcium carbonate.\8\
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\6\ See Final Results and Final IDM at Comment 13E.
\7\ See RZBC Companies v. United States, Slip Op. at 40.
\8\ Id.
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In its final results of redetermination pursuant to RZBC Companies
v. United States, the Department reopened and placed on the record in
the remand proceeding world benchmark information for steam coal,
sulfuric acid, and calcium carbonate. The Department then calculated
weighted-average monthly world benchmarks for sulfuric acid and calcium
carbonate. For steam coal, we weight-averaged the weightable data \9\
on the record while continuing to utilize the data from other
unweightable \10\ sources.
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\9\ Weightable data contains benchmark prices and quantity.
\10\ Unweightable data contains only benchmark prices.
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On March 30, 2016, the CIT sustained the Department's final results
of redetermination pursuant to remand.\11\
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\11\ See RZBC Companies v. United States II.
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Timken Notice
In its decision in Timken, as clarified by Diamond Sawblades, the
CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930,
as amended (the Act), the Department must publish a notice of a court
decision that is not ``in
[[Page 21538]]
harmony'' with a Department determination and must suspend liquidation
of entries pending a ``conclusive'' court decision. The CIT's opinion
in RZBC Companies v. United States II, issued on March 30, 2016,
sustaining the Department's final results of redetermination
constitutes a final decision of the court that is not in harmony with
the Department's Final Results. This notice is published in fulfillment
of the publication requirements of Timken. Accordingly, the Department
will continue the suspension of liquidation of the subject merchandise
pending the expiration of the period of appeal or, if appealed, pending
a final and conclusive court decision.
Amended Final Results of Review
Because there is now a final court decision with respect to the
Final Results, the Department amends its Final Results. The Department
finds that the following revised net countervailable subsidy rate is:
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Net countervailable subsidy
Company rate
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RZBC Group Shareholding Co., Ltd., RZBC 18.28 percent ad valorem.
Co., Ltd., RZBC Imp. & Exp. Co., Ltd.,
and RZBC (Juxian) Co., Ltd.
(collectively, RZBC Companies).
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Since the Final Results, the Department established a new cash
deposit rate for RZBC Companies.\12\ Therefore, the cash deposit rate
for RZBC Companies does not need to be updated as a result of these
amended final results. In the event that the CIT's ruling is not
appealed, or if appealed, upheld by the CAFC, the Department will
instruct U.S. Customs and Border Protection to liquidate entries of
subject merchandise that were exported by RZBC Companies, and which
were entered, or withdrawn from warehouse, for consumption during the
period January 1, 2011, through December 31, 2011, at the revised rate
of 18.28 percent ad valorem.
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\12\ See Citric Acid and Certain Citrate Salts: Final Results of
Countervailing Duty Administrative Review; 2013, 80 FR 77318
(December 14, 2015).
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This notice is issued and published in accordance with sections
516A(e)(l), 75l(a)(l), and 777(i)(l) of the Act.
Dated: April 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-08387 Filed 4-11-16; 8:45 am]
BILLING CODE 3510-DS-P