[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77073-77074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27331]


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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 2016 Countervailing Duty Administrative Review; Notice 
of Amended Final Results

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

SUMMARY: On December 8, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgment in Yama Ribbons and Bows Co., v. United 
States, Court No. 19-00047, sustaining the Department of Commerce's 
(Commerce's) remand results pertaining to the 2016 administrative 
review of the countervailing duty (CVD) order on

[[Page 77074]]

narrow woven ribbons with woven selvedge (ribbons) from the People's 
Republic of China (China). Commerce is notifying the public that the 
CIT's final judgment is not in harmony with Commerce's final results of 
the administrative review, and that Commerce is amending the final 
results with respect to the countervailable subsidy rate assigned to 
Yama Ribbons and Bows Co. (Yama).

DATES: Applicable December 18, 2022.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On March 25, 2019, Commerce published its final results of the 2016 
CVD administrative review of ribbons from China. \1\ In the Final 
Results, Commerce assigned Yama an overall subsidy rate of 23.70 
percent based, in part, on adverse facts available (AFA).
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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; 2016, 84 FR 11052 (March 25, 2019) (Final 
Results).
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    Yama appealed Commerce's Final Results. On April 30, 2021, the CIT 
remanded to Commerce its Final Results findings that Yama used and 
benefited from the Export Buyer's Credit program (EBCP) and the 
Provision of Synthetic Yarn and Caustic Soda for Less-Than-Adequate 
Remuneration (LTAR) and its inclusion of these subsidies in the overall 
subsidy rate determined for Yama.\2\
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    \2\ See Yama Ribbons and Bows Co., LTD. vs. United States, 517 
F.Supp.3d 1325 (CIT 2021).
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    In its remand redetermination issued in August 2021, Commerce 
reconsidered its decision to apply AFA in evaluating use of the EBCP 
and determined, under respectful protest, that the EBCP was not used by 
Yama during the period of review (POR). Commerce also further 
considered the information on the record and supplemented the record 
regarding the synthetic yarn and caustic soda inputs for LTAR programs 
and addressed the ``specificity'' requirement in the statute for them. 
Upon further examination, Commerce found that: (1) the Provision of 
Synthetic Yarn and Caustic Soda for LTAR programs met the specificity 
requirement of the statute and, therefore, were countervailable 
subsidies; and (2) Yama benefited from these programs during the POR. 
Accordingly, Commerce calculated a revised subsidy rate for Yama of 
13.16 percent.\3\ On December 8, 2022, the CIT sustained Commerce's 
final redetermination.\4\
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    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Consol. Ct. No. 19-00047, Slip Op. 21-50 (August 13, 2021) 
(Remand Results).
    \4\ See Yama Ribbons and Bows Co., Ltd. vs. United States, 
Consol. Court No 19-00047, Slip Op. 22-138 (CIT December 8, 2022).
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Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) and (e) 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. The CIT's December 8, 
2022, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results. Thus, this notice is published 
in fulfillment of the publication requirements of Timken.
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    \5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \6\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Yama as follows:

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                                                               Subsidy
                          Company                              rate (%)
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Yama Ribbons and Bows Co., Ltd.............................       13.16
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Cash Deposit Requirements

    Because Yama has a superseding cash deposit rate, i.e., there have 
been final results published in a subsequent administrative review, we 
will not issue revised cash deposit instructions to U.S. Customs and 
Border Protection (CBP). This notice will not affect the current cash 
deposit rate for Yama.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and exported by Yama and were 
entered, or withdrawn from warehouse, for consumption during the period 
January 1, 2016, through December 31, 2016. These entries will remain 
enjoined pursuant to the terms of the injunction during the pendency of 
any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, is 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess countervailing duties on unliquidated entries of 
subject merchandise produced and exported by Yama in accordance with 19 
CFR 351.212(b). We will instruct CBP to assess countervailing duties on 
all appropriate entries covered by this review when the ad valorem rate 
is not zero or de minimis. Where an ad valorem subsidy rate is zero or 
de minimis,\7\ we will instruct CBP to liquidate the appropriate 
entries without regard to countervailing duties.
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    \7\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

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

    Dated: December 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27331 Filed 12-15-22; 8:45 am]
BILLING CODE 3510-DS-P