[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23457-23459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09286]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-916]
Laminated Woven Sacks From the People's Republic of China: Notice
of Court Decision Not in Harmony With Final Determination Under Section
129 of the Uruguay Round Agreements Act
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 30, 2016, the United States Court of International
Trade (CIT or Court) issued final judgment in Laminated Woven Sacks
Committee, Coating Excellence International, LLC, and Polytex Fibers
Corporation v. United States, Consol.
[[Page 23458]]
Court No. 12-00301, affirming the Department of Commerce's (the
Department) final results of redetermination pursuant to court remand.
Consistent with the decision of the United States Court of Appeals for
the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades), the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's
implemented final determination in a proceeding conducted under section
129 of the Uruguay Round Agreements Act (Section 129) related to the
Department's final affirmative determination in the antidumping duty
(AD) investigation of laminated woven sacks (LWS) from the People's
Republic of China (the PRC) for the period October 1, 2006, through
March 31, 2007.\1\ The Department is amending its implemented Final
Section 129 Determination with regard to granting adjustments to the AD
cash deposit rates.
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\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Final Determination: Section 129 Proceeding Pursuant to the WTO
Appellate Body's Findings in WTO DS379 Regarding the Antidumping and
Countervailing Duty Investigations of Laminated Woven Sacks from the
People's Republic of China,'' (July 31, 2012) (Final Section 129
Determination); see also Implementation of Determinations Under
Section 129 of the Uruguay Round Agreements Act: Certain New
Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel
Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and
Tube From the People's Republic of China, 77 FR 52683 (August 30,
2012) (Implementation Notice).
DATES: Effective Date: April 11, 2016.\2\
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\2\ The effective date is ten days after the date of the court
decision in accordance with Section 516A(e) of the Tariff Act of
1930.
FOR FURTHER INFORMATION CONTACT: Ryan Mullen, Office V, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC,
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20230; telephone: (202) 482-2560.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2008, the Department published AD and countervailing
duty (CVD) orders on LWS imports from the PRC.\3\ The Government of the
People's Republic of China challenged the LWS orders and three other
sets of simultaneously imposed AD and CVD orders before the Dispute
Settlement Body of the World Trade Organization (WTO). The WTO
Appellate Body, in March 2011, found that the United States had acted
inconsistently with its international obligations in several respects,
including the potential imposition of overlapping remedies, or so-
called ``double remedies.'' \4\ The U.S. Trade Representative then
announced the United States' intention to comply with the WTO's rulings
and recommendations, and the Department initiated a Section 129
proceeding.\5\
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\3\ See Notice of Antidumping Duty Order: Laminated Woven Sacks
from the People's Republic of China, 73 FR 45941 (August 7, 2008);
see also Laminated Woven Sacks From the People's Republic of China:
Countervailing Duty Order, 73 FR 45955 (August 7, 2008)
(collectively, LWS orders).
\4\ See United States--Definitive Anti-Dumping and
Countervailing Duties on Certain Products from China, 611, WT/DS379/
AB/R (Mar. 11, 2011).
\5\ See Implementation Notice.
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On July 31, 2012, the Department issued its Final Section 129
Determination. In that determination, the Department found that an
adjustment was warranted to the AD rates on LWS imports from the PRC to
account for remedies that overlap those imposed by the CVD order.\6\ As
a result, the Department reduced the applicable AD rate for separate
rate companies from 64.28 percent to 20.19 percent and reduced the PRC-
wide entity AD rate from 91.73 percent to 47.64 percent.\7\ The
Department published a notice implementing the Final Section 129
Determination on August 30, 2012.\8\ Various parties challenged the
Department's Final Section 129 Determination at the CIT.
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\6\ See Final Section 129 Determination.
\7\ See Implementation Notice, 77 FR at 52687.
\8\ Id.
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Following the final disposition of litigation related to the Final
Section 129 Determination regarding the AD and CVD investigations of
circular welded pipe (CWP) from the PRC, in which the Department found
no basis for making an adjustment to the AD rates under Section
777(A)(f) of the Tariff Act of 1930, as amended (the Act),\9\ the CIT
granted the Department's request for a voluntary remand in the
litigation challenging the Final Section 129 Determination regarding
the AD investigation of LWS from the PRC.\10\ On March 23, 2016, the
Department issued its Final Remand Redetermination regarding the AD
investigation of LWS from the PRC, in which it amended its Final
Section 129 Determination regarding the AD investigation and denied the
adjustment to the AD cash deposit rates granted to respondents in the
Final Section 129 Determination.\11\ On March 30, 2016, the CIT
sustained the Department's Final Remand Redetermination.\12\
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\9\ See Wheatland Tube Co. v. United States, Consol. Court No.
12-00298, Slip Op. 15-44 (Ct. Int'l Trade May 7, 2015); Wheatland
Tube Co. v. United States, Consol. Court No. 12-00296, Slip Op. 15-
118 (Ct. Int'l Trade October 22, 2015).
\10\ See Laminated Woven Sacks Comm. v. United States, Court No.
12-00301 (December 3, 2015).
\11\ See ``Final Redetermination Pursuant to Court Remand,
Laminated Woven Sacks Comm. v. United States, Court No. 12-00301,''
(March 23, 2016) (Final Remand Redetermination).
\12\ See Laminated Woven Sacks Comm. v. United States, Slip Op.
16-30, Consol. Court No. 12-00301 (CIT March 30, 2016).
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) of the Act,
the Department must publish a notice of a court decision that is not
``in harmony'' with a Department determination and must suspend
liquidation of entries pending a ``conclusive'' court decision. The
CIT's March 30, 2016, judgment affirming the Final Remand
Redetermination constitutes a final court decision that is not in
harmony with the Department's Final Section 129 Determination. This
notice is published in fulfillment of publication requirements of
Timken.
Amended Final Determination
Because there is now a final court decision with respect to the
Department's Final Section 129 Determination regarding the AD
investigation of LWS from the PRC, the Department is amending the Final
Section 129 Determination, as implemented, regarding an adjustment to
the AD cash deposit rates. The revised AD cash deposit rates are as
follows:
------------------------------------------------------------------------
Revised AD
Exporter Producer cash deposit
rate (%)
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Zibo Aifudi Plastic Packaging Zibo Aifudi Plastic 64.28
Co., Ltd. Packaging Co., Ltd.
Polywell Industrial Co., A.K.A. Polywell Plastic 64.28
First Way (H.K.) Limited. Product Factory.
[[Page 23459]]
Zibo Linzi Worun Packing Zibo Linzi Worun 64.28
Product Co., Ltd. Packing Product Co.,
Ltd.
Shandong Qikai Plastics Product Shandong Qikai Plastics 64.28
Co., Ltd. Product Co., Ltd.
Changle Baodu Plastic Co. Ltd.. Changle Baodu Plastic 64.28
Co. Ltd.
Zibo Linzi Shuaiqiang Plastics Zibo Linzi Shuaiqiang 64.28
Co. Ltd. Plastics Co. Ltd.
Zibo Linzi Qitianli Plastic Zibo Linzi Qitianli 64.28
Fabric Co. Ltd. Plastic Fabric Co. Ltd.
Shandong Youlian Co. Ltd....... Shandong Youlian Co. 64.28
Ltd.
Zibo Linzi Luitong Plastic Zibo Linzi Luitong 64.28
Fabric Co. Ltd. Plastic Fabric Co. Ltd.
Wenzhou Hotson Plastics Co. Ltd Wenzhou Hotson Plastics 64.28
Co. Ltd.
Jiangsu Hotson Plastics Co. Ltd Jiangsu Hotson Plastics 64.28
Co. Ltd.
Cangnan Color Make The Bag..... Cangnan Color Make The 64.28
Bag.
Zibo Qigao Plastic Cement Co. Zibo Qigao Plastic 64.28
Ltd. Cement Co. Ltd.
Prc-Wide Rate.................. ....................... 91.73
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Unless the applicable cash deposit rates have been superseded by
cash deposit rates calculated in an intervening administrative review
of the AD order on LWS from the PRC, the Department will instruct U. S.
Customs and Border Protection to require a cash deposit for estimated
AD duties at the rate noted above for each specified exporter and
producer combination, for entries of subject merchandise, entered or
withdrawn from warehouse, for consumption, on or after April 11, 2016.
This notice is issued and published in accordance with sections
516A(e) and 777(i)(1) of the Act and section 129(c)(2)(A) of the
Uruguay Round Agreements Act.
Dated: April 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-09286 Filed 4-20-16; 8:45 am]
BILLING CODE 3510-DS-P