[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48507-48508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17521]


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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 Final 
Results of the 2015 Administrative Review and Notice of Amended Final 
Results

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

ACTION: Notice of Court Decision.

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SUMMARY: On July 31, 2020, the United States Court of International 
Trade (the Court) sustained the Department of Commerce's (Commerce's) 
remand redetermination pertaining to the 2015 administrative review of 
the countervailing duty (CVD) order on narrow woven ribbons with woven 
selvedge (ribbons) from the People's Republic of China (China). 
Commerce is notifying the public that the Court has made a final 
judgment that is not in harmony with the final results of the 2015 
administrative review, and that Commerce is amending the final results 
of the 2015 administrative review with respect to Yama Ribbons and Bows 
Co., Ltd. (Yama).

DATES: Applicable August 17, 2020.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova and Ian 
Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280 
and (202) 482-4798, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 14, 2018, Commerce published the Final Results pertaining 
to mandatory respondent Yama.\1\ The period of review (POR) is January 
1, 2015 through December 31, 2015. In the Final Results, Commerce found 
that the use of adverse facts available (AFA) was warranted in 
determining the countervailability of the Export Buyer's Credit Program 
(EBCP) because the Government of China (GOC) did not provide the 
requested information needed to allow Commerce to fully analyze this 
program and, thus, did not cooperate to the best of its ability in 
response to our information requests.\2\ Yama challenged Commerce's 
determination to apply AFA with respect to this program in the Final 
Results.
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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; 2015, 83 FR 11177 (March 14, 2018) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM).
    \2\ See Final Results IDM at Comment 2.
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    On December 30, 2019, the Court remanded the Final Results to 
Commerce to reconsider our decision to apply AFA with respect to the 
EBCP.\3\ On February 28, 2020, Commerce reconsidered its decision to 
apply AFA in evaluating Yama's use of the EBCP and determined, under 
protest, that Yama did not use the EBCP program.\4\ Accordingly, 
Commerce calculated a revised subsidy rate of 12.83 percent for 
Yama.\5\ On July 31, 2020, the Court sustained Commerce's Remand 
Results and entered final judgment.\6\
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    \3\ See Yama Ribbons and Bows Co. v. United States, 419 F. Supp. 
3d 1341 (CIT 2019).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Consol. Ct. No. 18-00054, Slip Op. 19-173 (February 28, 
2020) (Remand Results).
    \5\ Id. at 4.
    \6\ See Yama Ribbons and Bows Co. v. United States, Ct. No. 18-
00054, Slip Op. 20-107 (CIT July 31, 2020).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit (Federal Circuit) held 
that, pursuant to section 516A 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.\9\ The

[[Page 48508]]

Court's July 31, 2020, judgment constitutes a final decision of that 
court that is not in harmony with Commerce's Final Results. Thus, this 
notice is published in fulfillment of the publication requirements of 
Timken and section 516A of the Act. Accordingly, Commerce will continue 
the suspension of liquidation of ribbons subject to this review pending 
expiration of the period of appeal or, if appealed, pending a final and 
conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \9\ See sections 516A(c) and (e) of the Act.
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
its Final Results with respect to the subsidy rate calculated for Yama. 
Based on the Remand Results, as affirmed by the Court, the revised 
subsidy rate for Yama for the POR is 12.83 percent.\10\
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    \10\ See Remand Results at 4.
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    In the event that the Court's ruling is not appealed, or, if 
appealed, is upheld by a final and conclusive court decision, Commerce 
will instruct U.S. Customs and Border Protection to assess 
countervailing duties on unliquidated entries of subject merchandise 
based on the revised subsidy rates summarized above.

Notification to Interested Parties

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

    Dated: August 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-17521 Filed 8-10-20; 8:45 am]
BILLING CODE 3510-DS-P