[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Page 52500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20636]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-924]


Polyethylene Terephthalate Film, Sheet, and Strip From the 
People's Republic of China: Notice of Court Decision Not in Harmony 
With Final Results of Administrative Review and Notice of Amended Final 
Results of Administrative Review Pursuant to Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 6, 2013, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (the 
``Department'') results of redetermination, pursuant to the CIT's 
remand order, in Tianjin Wanhua Co., Ltd. v. United States, Slip Op. 
13-100 (CIT 2013).\1\
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    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 11-00070, dated July 22, 2013, available at: 
http://ia.ita.doc.gov/remands (``PET Film Final Remand'').
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    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 PET Film Final Results \2\ and is amending the final 
results with respect to Tianjin Wanhua Co., Ltd. (``Wanhua'').
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    \2\ See Polyethylene Terephthalate Film, Sheet, and Strip From 
the People's Republic of China: Final Results of the First 
Antidumping Duty Administrative Review, 76 FR 9753 (February 22, 
2011) (``PET Film Final Results'').

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DATES: Effective August 16, 2013.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, Office 4, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3518.

SUPPLEMENTARY INFORMATION:

Background

    On April 29, 2013, the CIT granted the Department's motion for 
voluntary remand in Tianjin Wanhua Co., Ltd. v. United States to 
reconsider the separate rate methodology as applied to Wanhua with 
respect to the PET Film Final Results and the results of the CIT's 
judgment in Fuwei Films (Shandong) Co., Ltd. v. United States in which 
the weighted-average dumping margins for the mandatory respondents were 
revised.\3\ Pursuant to the CIT's remand order, the Department re-
examined record evidence and made changes to the separate rate 
applicable to Wanhua. Specifically, the Department followed its 
practice in calculating a separate rate where the individually 
investigated respondents received rates that were zero, de minimis, or 
based entirely on facts available,\4\ and applied the most recently 
determined weighted-average dumping margin that was not zero, de 
minimis, or based entirely on facts available. In this case, the 
Department pulled forward Wanhua's separate rate from the 
investigation.\5\
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    \3\ See Fuwei Films (Shandong) Co., Ltd. v. United States, 895 
F. Supp. 2d 1332 (Ct. Int'l Trade 2013); Polyethylene Terephthalate 
Film, Sheet, and Strip From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision, 78 FR 9363 
(February 8, 2013).
    \4\ See Section 735(c)(5)(A) of the Tariff Act of 1930, as 
amended (the ``Act'').
    \5\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 73 FR 55039, 55041 (September 24, 2008).
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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 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 August 6, 2013, 
judgment sustaining the PET Film Final Remand constitutes a final 
decision of that court that is not in harmony with the PET Film 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. The cash deposit rate will remain the 
company-specific rate established for the subsequent and most recently 
completed segment of this proceeding in which the respondent was 
included.

Amended Final Determination

    Because there is now a final court decision with respect to the PET 
Film Final Results, the revised weighted-average dumping margin is as 
follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                        Exporter                              margin
                                                            (percent)
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Tianjin Wanhua Co., Ltd................................            3.49
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: August 16, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-20636 Filed 8-22-13; 8:45 am]
BILLING CODE 3510-DS-P