Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 60643 

5See Commerce’s Letter, ‘‘Sunset Reviews 

Initiated on May 1, 2023,’’ dated June 20, 2023. 

6See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the Expedited 

First Sunset Reviews of the Antidumping Duty 

Orders on Stainless Steel Flanges from India and 

the People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

7See generally Issues and Decision 

Memorandum. 

8 Id. at 9. 

1See Certain Hardwood Plywood from the 

People’s Republic of China: Notice of Covered 

Merchandise Referral and Initiation of Scope 

Inquiry, 85 FR 3024 (January 17, 2020). 

2See Memorandum, ‘‘Antidumping Duty and 

Countervailing Duty Orders on Certain Hardwood 

Plywood Products from the People’s Republic of 

China, Enforcement and Protect Act (EAPA) 

Investigation No. 7252: Final Scope Ruling,’’ dated 

January 21, 2022 (Final Scope Ruling); see also 

Certain Hardwood Plywood Products from the 

People’s Republic of China: Amended Final 

Determination of Sales at Less Than Fair Value, 

and Antidumping Duty Order, 83 FR 504 (January 

4, 2018); and Certain Hardwood Plywood Products 

from the People’s Republic of China: Countervailing 

Duty Order, 83 FR 513 (January 4, 2018) 

(collectively, the Orders). 

3See Final Scope Ruling at 10–20. 

respondent interested parties.5 As a 

result, pursuant to section 751(c)(3)(B) 

of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), Commerce 

conducted expedited (120-day) sunset 

reviews of the Orders. 

Scope of the Orders 

The products covered by these Orders 

are stainless steel flanges from India and 

China. For a full description of the 

scope, see the Issues and Decision 

Memorandum.6

Analysis of Comments Received 

A complete discussion of all issues 

raised in these sunset reviews is 

contained in the accompanying Issues 

and Decision Memorandum.7 A list of 

topics discussed in the Issues and 

Decision Memorandum is included as 

an appendix to this notice. The Issues 

and Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at http://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be directly accessed 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Final Results of Sunset Reviews 

Pursuant to sections 751(c)(1) and 

752(c)(1) and (3) of the Act, Commerce 

determines that revocation of the Orders 

would likely lead to the continuation or 

recurrence of dumping and that the 

magnitude of the dumping margins 

likely to prevail would be weighedaverage margins up to 145.25 percent for 

India, and up to 257.11 percent for 

China.8

Administrative Protective Orders 

This notice serves as the only 

reminder to interested parties subject to 

an Administrative Protective Order 

(APO) of their responsibility concerning 

the return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

final results in accordance with sections 

751(c), 752(c), and 777(i)(1) of the Act 

and 19 CFR 351.218. 

Dated: August 28, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. History of the Orders 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margins of Dumping 

Likely to Prevail 

VII. Final Results of Sunset Reviews 

VIII. Recommendation 

[FR Doc. 2023–19023 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–051, C–570–052] 

Certain Hardwood Plywood Products 

From the People’s Republic of China: 

Notice of Court Decision Not in 

Harmony With the Results of 

Antidumping and Countervailing Duty 

Scope Ruling; Notice of Amended 

Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 22, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Far East 

American, Inc., et al., v. United States, 

Consol. Court no. 22–00049 (Far 

Eastern), sustaining the U.S. Department 

of Commerce (Commerce)’s first remand 

results of redetermination pertaining to 

the final scope ruling for the 

antidumping and countervailing duty 

orders on certain hardwood plywood 

products (hardwood plywood) from the 

People’s Republic of China (China). In 

the underlying ruling, Commerce 

determined that hardwood plywood 

exported into the United States by 

Vietnam Finewood Company Limited 

(Finewood) that was produced using 

two-ply panels imported into Vietnam 

from China was included in the scope 

of the orders. Commerce is notifying the 

public that the CIT’s final judgment is 

not in harmony with Commerce’s final 

scope ruling on Finewood’s two-ply 

panels from China and is amending its 

final scope ruling. 

DATES: Applicable September 1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kabir Archuletta, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2953. 

SUPPLEMENTARY INFORMATION: 

Background 

In response to a U.S. Customs and 

Border Protection (CBP) covered 

merchandise referral,1 on January 21, 

2022, Commerce issued its Final Scope 

Ruling addressing Finewood’s two-ply 

panels imported from China and 

whether they are covered by the 

antidumping and countervailing duty 

orders on hardwood plywood from 

China.2 Commerce found that the plain 

language of the scope of the Orders was 

ambiguous with respect to the definition 

of ‘‘certain veneered panels,’’ and, thus, 

Commerce turned to the sources in 19 

CFR 351.225(k)(1) and found those 

sources indicated that hardwood 

plywood exported to the United States 

by Finewood that was produced using 

two-ply panels imported into Vietnam 

from China were covered by the scope 

of the Orders.3

Finewood, Far East American, Inc., 

Liberty Woods International, Inc., and 

Consolidated Plaintiff InterGlobal 

Forest, LLC, appealed Commerce’s Final 

Scope Ruling. On April 20, 2023, the 

CIT remanded the Final Scope Ruling to 

Commerce, holding that the scope 

language, when read together with the 

19 CFR 351.225(k)(1) sources, 

unambiguously establishes that the 

Orders do not include Chinese two-ply 


ddrumheller on DSK120RN23PROD with NOTICES1
60644 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

4See Vietnam Finewood Co. v. United States, 633 

F. Supp. 3d 1243, 1255 (CIT 2023). 

5 Id., 633 F. Supp. 3d at 1265. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Vietnam Finewood Company 

Limited, et al., v. United States, Consol. Court No. 

22–00049, Slip-Op. 23–58, dated June 16, 2023 

(Final Results) at 5. 

7See Far East American, Inc. et al. v. United 

States, Consol. Court No. 22–00049, Slip Op. 23– 

122 (CIT August 22, 2023). 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

panels.4 Therefore, the CIT remanded 

Commerce’s determination to 

Commerce with the instruction that 

Commerce issue a scope ruling 

concerning Finewood’s two-ply panels 

that is consistent with the unambiguous 

meaning of the Orders.5

In its final remand redetermination, 

issued in June 2023, Commerce adopted 

the CIT’s interpretation of the scope of 

the Orders and determined that 

hardwood plywood exported to the 

United States by Finewood that was 

produced using two-ply panels 

imported into Vietnam from China is 

not subject to the scope of the Orders.6

The CIT sustained Commerce’s final 

redetermination.7

Timken Notice 

In its decision in Timken,8 as clarified 

by Diamond Sawblades,9 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to sections 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 22, 2023, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final Scope 

Ruling. Thus, this notice is published in 

fulfillment of the publication 

requirements of Timken. 

Amended Final Scope Ruling 

Because there is now a final court 

judgment, Commerce is amending its 

Final Scope Ruling to find that 

hardwood plywood exported to the 

United States by Finewood that was 

produced using two-ply panels 

imported into Vietnam from China is 

not subject to the scope of the Orders. 

Liquidation of Suspended Entries 

Commerce will instruct CBP that, 

pending any appeals, the cash deposit 

rate will be zero percent for 

merchandise subject to the scope ruling. 

In the event that the CIT’s final 

judgment is not appealed or is upheld 

on appeal, Commerce will notify CBP of 

our amended scope ruling in response 

to its covered merchandise referral and 

will instruct CBP to liquidate any 

unliquidated entries of hardwood 

plywood exported to the United States 

by Finewood that was produced using 

two-ply panels imported into Vietnam 

from China without regard to 

antidumping and countervailing duties 

and to lift suspension of liquidation of 

such entries. 

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 29, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–19043 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Industrial Advisory Committee 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: The Industrial Advisory 

Committee (Committee) will hold an 

open meeting via web conference on 

Wednesday, November 8, 2023, from 

10:30 a.m. to 3:30 p.m. Eastern Time. 

The primary purposes of this meeting 

are to update the Committee on the 

progress of the CHIPS R&D Programs, 

receive updates from the Committee 

working groups, and allow the 

Committee to deliberate and discuss the 

progress that has been made. The final 

agenda will be posted on the NIST 

website at https://www.nist.gov/chips/ 

industrial-advisory-committee. 

DATES: The Industrial Advisory 

Committee will meet on Wednesday, 

November 8, 2023, from 10:30 a.m. to 

3:30 p.m. Eastern Time. The meeting 

will be open to the public. 

ADDRESSES: The meeting will be held 

via web conference. For instructions on 

how to attend and/or participate in the 

meeting, please see the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Tamiko Ford at Tamiko.Ford@NIST.gov 

or (202) 594–6793. 

SUPPLEMENTARY INFORMATION: The 

Committee was established pursuant to 

15 U.S.C. 4656(b). The Committee is 

currently composed of 24 members, 

appointed by the Secretary of 

Commerce, to provide advice to the 

United States Government on matters 

relating to microelectronics research, 

development, manufacturing, and 

policy. Background information on the 

CHIPS Act and information on the 

Committee is available at https://

www.nist.gov/chips/industrial-advisorycommittee. Pursuant to the Federal 

Advisory Committee Act, as amended, 5 

U.S.C. app., notice is hereby given that 

the Industrial Advisory Committee will 

meet on Wednesday, November 8, 2023, 

from 10:30 a.m. to 3:30 p.m. Eastern 

Time. The meeting will be open to the 

public and will be held via web 

conference. Interested members of the 

public will be able to participate in the 

meeting from remote locations. The 

primary purposes of this meeting are to 

update the Committee on the progress of 

the CHIPS R&D Programs, receive 

updates from the Committee working 

groups, and allow the Committee to 

deliberate and discuss the progress that 

has been made. The final agenda will be 

posted on the NIST website at https:// 

www.nist.gov/chips/industrial-advisorycommittee. Individuals and 

representatives of organizations who 

would like to offer comments and 

suggestions related to items on the 

Committee’s agenda for this meeting are 

invited to submit comments in advance 

of the meeting. Written comments may 

be submitted via the registration link. 

Approximately ten minutes will be 

reserved for public comments, which 

will be read on a first-come, first-served 

basis. Please note that all submitted 

comments, including those not read 

during the meeting, will be treated as 

public documents and will be made 

available for public inspection. The 

Committee will not consider or 

deliberate upon comments from the 

public during this period. All those 

wishing to submit a comment must 

submit their request and comment via 

the registration link by 5:00 p.m. Eastern 

Time, Friday, November 3, 2023. 

All visitors to the meeting are 

required to pre-register to be attend. 

Anyone wishing to attend via web 

conference must register by 5:00 p.m. 

Eastern Time, Friday, November 3, 

2023, to attend. Please submit your full 

name, the organization you represent (if 

applicable), email address, and phone 

number via https://events.nist.gov/ 

profile/18507. Non-U.S. citizens must 

submit additional information; please 


ddrumheller on DSK120RN23PROD with NOTICES1