[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Notices]
[Pages 67419-67420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18589]


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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 the 
Results of Countervailing Duty Administrative Review; Notice of Amended 
Final Results

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

SUMMARY: On August 5, 2024, the U.S. Court of International Trade (CIT) 
issued its final judgment in Yama Ribbons and Bows Co., Ltd. v. United 
States, Court No. 20-00059, sustaining the U.S. Department of 
Commerce's (Commerce) second remand results pertaining to the 
administrative review of the countervailing duty order on narrow woven 
ribbons with woven selvedge (ribbons) from the People's Republic of 
China (China) covering the period January 1, 2017, through December 31, 
2017. 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., 
Ltd. (Yama).

DATES: Applicable August 15, 2024.

FOR FURTHER INFORMATION CONTACT: Ajay K. Menon, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0208.

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2020, Commerce published its final results in the 
2017 countervailing duty administrative review of ribbons from 
China.\1\ Commerce assigned Yama an overall subsidy rate of 31.87 
percent,\2\ including a rate based on an adverse facts available (AFA) 
rate of 10.54 percent for the export buyer's credit program (EBCP).
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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; 2017, 85 FR 10653 (February 25, 2020) (Final 
Results).
    \2\ Id., 85 FR at 10654.
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    Yama appealed Commerce's Final Results. On December 23, 2022, the 
CIT sustained, in part, and remanded, in part, the Final Results, 
instructing Commerce to: (1) reconsider its use of the 10.54 percent 
rate as AFA for the EBCP; and (2) explain why the rate it decided to 
use is appropriate under section 776(d) of the Tariff Act of 1930, as 
amended (the Act), given that an unreasonably high AFA rate could 
unduly prejudice Yama, which fully cooperated during the review.\3\
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    \3\ See Yama Ribbons and Bows Co., v. United States, 611 F. 
Supp. 3d 1394, 1403 (CIT 2022).
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    In its first final remand redetermination, issued in February 2023, 
Commerce reexamined its application of the countervailing duty AFA 
hierarchy and provided further explanation of why the 10.54 percent 
subsidy rate calculated for the preferential policy lending program in 
Coated Paper from China \4\ was appropriate to use as AFA for the 
EBCP.\5\ However, on April 10, 2024, the CIT remanded Commerce's rate 
selection for a second time, ordering that Commerce reconsider its 
decision to use 10.54 percent subsidy rate from the preferential policy 
lending program to the coated paper industry in Coated Paper from China 
as the rate selected as AFA for the EBCP.\6\
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    \4\ See Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet Fed Presses from the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order, 75 FR 59212 (September 27, 2010) 
(Coated Paper from China), and accompanying Issues and Decision 
Memorandum (IDM) at 12.
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Yama Ribbons and Bows Co., v. United States, Court No. 20-
00059, Slip Op. 22-157 (CIT December 23, 2022), dated February 14, 
2023, available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \6\ See Yama Ribbons and Bows Co. v. United States, Court No. 
20-00059, Slip. Op. 24-43 (CIT April 10, 2024).
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    In its second final remand redetermination issued in June 2024,\7\ 
Commerce reconsidered using the 10.54 percent rate from the 
preferential lending program in Coated Paper from China as AFA for the 
EBCP, and instead, used the 0.87 percent subsidy rate calculated for 
the Export Seller's Credit program in Chloro Isos from China.\8\ 
Accordingly, Commerce calculated a revised subsidy rate for Yama of 
22.20 percent. On August 5, 2024, the CIT sustained Commerce's final 
redetermination.\9\
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    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Yama Ribbons and Bows Co., v. United States, Court No. 20-
00059, Slip Op. 24-43 (CIT April 10, 2024), dated June 10, 2024, 
available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \8\ See Countervailing Duty Investigation of Chlorinated 
Isocyanurates from the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Determination, 79 FR 10097 (February 24, 2014), and 
accompanying Preliminary Decision Memorandum at 15, unchanged in 
Chlorinated Isocyanurates from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination; 2012, 79 FR 56560 
(September 22, 2014) (Chloro Isos from China), and accompanying IDM 
at 14.
    \9\ See Yama Ribbons and Bows Co. v. United States, Court No. 
20-00059, Slip Op. 24-89, dated August 5, 2024.
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c) and (e) of 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 August 5, 2024, 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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    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ 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:

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (percent ad
                                                             valorem)
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Yama Ribbons and Bows Co., Ltd.........................           22.20
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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

[[Page 67420]]

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/or exported by Yama that 
were the subject of Commerce's Final Results, and that were entered, or 
withdrawn from warehouse, for consumption, during the period January 1, 
2017, through December 31, 2017. 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, 
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/or 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,\12\ we will instruct CBP to liquidate the 
appropriate entries without regard to countervailing duties.
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    \12\ 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: August 13, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-18589 Filed 8-19-24; 8:45 am]
BILLING CODE 3510-DS-P