[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85515-85516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28504]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of the Antidumping Duty 
Administrative Review; 2011-2012

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

DATES: Effective October 21, 2016.
SUMMARY: The Department of Commerce (the Department) is notifying the 
public that the Court of International Trade's (the Court's) final 
judgment in this case is not in harmony with the Department's final 
results and is therefore rescinding the antidumping administrative 
review with respect to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding 
Mantong).

FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Brian Davis, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
9179 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 8, 2013, the Department published the Final Results,\1\ in 
which it found Baoding Mantong failed to demonstrate that extraordinary 
circumstances prevented it from filing a timely withdrawal of review 
request pursuant to the Department's interpretation of 19 CFR 
351.213(d)(1).\2\ On November 3, 2015, the Court remanded the Final 
Results to the Department holding that the Department overlooked the 
true purpose of the 19 CFR 351.213(d)(1), which was to allow parties an 
opportunity to know the results of the preceding review.\3\ In the 
Remand Redetermination, the Department, under protest, stated that it 
intended to extend the deadline for withdrawing a request for an 
administrative review, accept Baoding Mantong's untimely withdrawal 
request, and rescind the review with respect to Baoding Mantong.\4\ On 
October 11, 2016, the Court affirmed the Remand Redetermination.\5\
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    \1\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR 
20891 (April 8, 2013) (Final Results).
    \2\ See Final Results and accompanying Issues and Decision 
Memorandum.
    \3\ See Glycine & More v. United States, Court No. 13-00167, 
Slip Op. 15-124 (Ct. Int'l Trade Nov. 3, 2015).
    \4\ See Final Results of Remand Redetermination Pursuant to 
Glycine & More v. United States, Court No. 13-00167, Slip Op. 15-124 
(Ct. Int'l Trade Nov. 3, 2015), dated February 2, 2016 (Remand 
Redetermination).
    \5\ See Glycine & More, Inc., v. United States, Court No. 13-
00167, Slip Op. 16-96 (Ct. Int'l Trade Oct. 11, 2016).
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Timken Notice

    In its decision 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 United States Court of Appeals for the Federal Circuit 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 harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
Court's October 11, 2016 final judgment affirming the Remand 
Redetermination constituted the Court's final decision which is not in 
harmony with the Final Results. This notice is published in fulfillment 
of the publication requirements of Timken. Accordingly, the Department 
will continue the

[[Page 85516]]

suspension of liquidation of the subject merchandise pending a final 
and conclusive court decision.

Amended Final Results of Review

    Because there is now a final court decision, the Department is 
amending the Final Results by accepting Baoding Mantong's untimely 
withdrawal request, and rescinding the review with respect to Baoding 
Mantong.
    In the event the Court's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, the Department will 
instruct the U.S. Customs and Border Protection to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
rescission of the review with respect to Baoding Mantong.

Cash Deposit Requirements

    Since the Final Results, the Department established a new cash 
deposit rate for Baoding Mantong. Therefore, the cash deposit rate for 
Baoding Mantong will remain the company-specific rate established for 
the subsequent and most recent period for a completed administrative 
review during which Baoding Mantong was reviewed.\6\
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    \6\ See Glycine From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 
FR 62026, 62028 (Oct. 15, 2015).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: November 22, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-28504 Filed 11-25-16; 8:45 am]
 BILLING CODE 3510-DS-P