Notice2024-19199
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 27, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 13, 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. 21-00402, sustaining the U.S. Department of Commerce's (Commerce) final results of redetermination 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, 2018, through December 31, 2018. 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).
Full Text
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<title>Federal Register, Volume 89 Issue 166 (Tuesday, August 27, 2024)</title>
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[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Page 68585]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19199]
[[Page 68585]]
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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 13, 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. 21-00402, sustaining the U.S. Department of
Commerce's (Commerce) final results of redetermination 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, 2018, through December
31, 2018. 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 August 23, 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 July 28, 2021, Commerce published its final results of the 2018
countervailing duty administrative review of ribbons from China.\1\ In
the Final Results, Commerce assigned Yama an overall subsidy rate of
42.20 percent based, in part, on adverse facts available (AFA) for the
Export Buyer's Credit Program (EBCP) and the provision of synthetic
yarn and caustic soda for less than adequate remuneration (LTAR).
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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; 2018, 86 FR 40462 (July 28, 2021) (Final
Results).
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Yama appealed Commerce's Final Results. On August 25, 2023, the CIT
remanded the Final Results to Commerce, directing Commerce to: (1)
reconsider its determination on the EBCP; (2) supplement the record
with the new subsidy allegation, which the petitioner filed in the 2015
administrative review of this proceeding and upon which Commerce relied
in making its specificity determinations for the provision of synthetic
yarn and caustic soda for LTAR programs; and (3) reconsider its
determinations for the provision of the synthetic yarn and caustic soda
for LTAR programs in their entirety.\2\
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\2\ See Yama Ribbons and Bows Co., Ltd. v. United States, 653 F.
Supp. 3d 1314 (CIT 2023).
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In its final remand redetermination, issued in October 2023,
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).\3\ Commerce also
further considered the supplemented administrative record regarding the
provision of synthetic yarn and caustic soda for LTAR programs and
continued to find that these programs were specific and that Yama
benefited from them during the POR. Accordingly, Commerce calculated a
revised subsidy rate for Yama of 31.66 percent.\4\ The CIT sustained
Commerce's final remand redetermination.\5\
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\3\ See Final Results of Redetermination Pursuant to Court
Remand, Yama Ribbons and Bows Co., Ltd. v. United States, Court No.
21-00402, Slip Op. 23-127 (CIT August 25, 2023), dated October 24,
2023, available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\4\ Id. at 21.
\5\ See Yama Ribbons and Bows Co., Ltd., v. United States, Court
No. 21-00402, Slip Op. 24-92 (CIT August 13, 2024).
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Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the U.S. 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 August 13,
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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\6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\7\ 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 rate
Company (percent ad
valorem)
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Yama Ribbons and Bows Co., Ltd......................... 31.66
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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/or exported by Yama; were
the subject of Commerce's Final Results; and were entered, or withdrawn
from warehouse, for consumption, during the period January 1, 2018,
through December 31, 2018. 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,\8\ we will instruct CBP to liquidate the
appropriate entries without regard to countervailing duties.
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\8\ 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 21, 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. 2024-19199 Filed 8-26-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 27, 2024.
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