Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices 35213 

8See Order, 70 FR 21596, 21597. 

1See Certain New Pneumatic Off-the-Road Tires 

from Sri Lanka: Final Affirmative Countervailing 

Duty Determination, and Final Determination of 

Critical Circumstances, 82 FR 2949, 2950 (January 

10, 2017) (Final Determination) and accompanying 

Issues and Decision Memorandum. 

2See Certain New Pneumatic Off-the-Road Tires 

from India and Sri Lanka: Amended Final 

Affirmative Countervailing Duty Determination for 

India and Countervailing Duty Orders, 82 FR 12556 

(Mar. 6, 2017) (Order). 

3See Government of Sri Lanka v. United States, 

Slip Op. 18–43 (CIT Apr. 17, 2018). 

4 Id. at 20. 

5See Final Results of Redetermination on 

Remand Pursuant to Government of Sri Lanka v. 

United States, Slip Op. 18–43 (CIT April 17, 2018), 

dated June 13, 2016 (Final Redetermination). See 

also https://enforcement.trade.gov/remands/18- 

43.pdf. 

6See Viraj Group, Ltd. v. United States, 343 F.3d 

1371 (Fed. Cir. 2003). 

7See Government of Sri Lanka v. United States, 

Slip Op. 18–87, Consol. Court No. 17–00059 (CIT 

July 11, 2018) (Final Remand Order). 

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

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d. 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

10See Sections 516A(c) and (e) of the Act. 

countervailable subsidy at the rates 

listed below: 8

Producer/exporter Net subsidy 

rate % 

Guangdong Yingao Kitche 

Utensils Co., Ltd. and 

Forshan Magang Kitchen 

Utensils Co., Ltd ............... 4.90 

Zhongshan Superte Kitchenware Co., Ltd .................... 12.31 

Foshan Zhaoshun Trade 

Co., Ltd ............................. 12.36 

All Others .............................. 8.61 

Notification to Interested Parties 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction 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 orders 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

We are issuing and publishing the 

final results and this notice in 

accordance with sections 751(c), 752(b), 

and 777(i)(1) of the Act and 19 CFR 

351.218. 

Dated: July 2, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2018–15883 Filed 7–24–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–542–801] 

Certain New Pneumatic Off-The-Road 

Tires From Sri Lanka: Notice of Court 

Decision Not in Harmony With Final 

Affirmative Countervailing Duty 

Determination, Notice of Amended 

Final Determination and Revocation of 

Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 11, 2018, the United 

States Court of International Trade (CIT) 

entered its final judgment sustaining the 

final results of remand redetermination 

pursuant to court order by the 

Department of Commerce (Commerce) 

pertaining to the countervailing duty 

(CVD) investigation of certain new 

pneumatic off-the-road tires (off road 

tires) from Sri Lanka. Commerce is 

notifying the public that the final 

judgment in this case is not in harmony 

with Commerce’s final determination in 

the CVD investigation of off road tires 

from Sri Lanka. Pursuant to the CIT’s 

final judgment, the mandatory 

respondent in the CVD investigation of 

off road tires from Sri Lanka received a 

net countervailable subsidy rate of 1.23 

percent, a rate that is de minimis and, 

therefore, Commerce is hereby revoking 

this order. 

DATES: Applicable July 21, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Whitley Herndon, 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) 482–6274. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 10, 2017, Commerce 

published the Final Determination in 

this proceeding.1 Commerce reached an 

affirmative determination that 

countervailable subsidies were provided 

to mandatory respondent Camso 

Loadstar (Private), Ltd. (Camso 

Loadstar). Commerce published the 

countervailing duty order resulting from 

the investigation on March 6, 2017.2

Camso Loadstar and the Government 

of Sri Lanka (GOSL) appealed the Final 

Determination and countervailing duty 

order to the CIT, and on April 17, 2018, 

the CIT remanded the Final 

Determination.3 Specifically, the CIT 

remanded the Final Determination 

directing Commerce to eliminate any 

duties attributable to the Guaranteed 

Price Scheme for Rubber (GPS) program 

based on mere reimbursement for 

excessive rubber payments.4 On June 

13, 2016, Commerce issued its final 

results of redetermination pursuant to 

remand in accordance with the CIT’s 

order.5 On remand, Commerce, under 

respectful protest,6 eliminated any 

duties attributable to the GPS program 

and recalculated the countervailable 

subsidy rate for Camso Loadstar 

accordingly. On July 11, 2018, the CIT 

sustained Commerce’s Final 

Redetermination.7 Thus, the effective 

date of this notice is July 21, 2018. 

Timken Notice 

In its decision in Timken,8 as clarified 

by Diamond Sawblades,9 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.10 The 

CIT’s July 11, 2018, final judgment 

sustaining the Final Redetermination 

constitutes a final decision of that court 

that is not in harmony with Commerce’s 

Final Determination. Thus, this notice is 

published in fulfillment of the 

publication requirements of Timken and 

section 516A of the Act. 

Amended Final Determination 

Because there is now a final court 

decision, Commerce is amending the 

Final Determination with respect to 

Camso Loadstar. The revised 

countervailable subsidy rate for Camso 

Loadstar for the period January 1, 2015, 

through December 31, 2015, is as 

follows: 

Exporter or producer Subsidy rate 

(percent) 

Camso Loadstar (Private), Ltd 1.23 (de minimis). 

Revocation of the Order 

Pursuant to section 705(a)(3) of the 

Act, Commerce ‘‘shall disregard any 

countervailable subsidy that is de 

minimis as defined in section 703(b)(4)’’ 

of the Act. Furthermore, and pursuant to 

section 705(c)(2) of the Act, ‘‘the 

investigation shall be terminated upon 

publication of that negative 


daltland on DSKBBV9HB2PROD with NOTICES
35214 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices 

11See Order, 82 FR at 12556. 

12See section 703(b)(4)(B) of the Act; Developing 

and Least-Developed Country Designations under 

the Countervailing Duty Law, 63 FR 29945 (June 2, 

1998). 

13Commerce did not previously initiate any 

administrative review of the Order. 

14See, e.g., Drill Pipe from the People’s Republic 

of China: Notice of Court Decision Not in Harmony 

with International Trade Commission’s Injury 

Determination, Revocation of Antidumping and 

Countervailing Duty Orders Pursuant to Court 

Decision, and Discontinuation of Countervailing 

Duty Administrative Review, 79 FR 78037, 78038 

(December 29, 2014); High Pressure Steel Cylinders 

From the People’s Republic of China: Notice of 

Court Decision Not in Harmony With Final 

Determination in Less Than Fair Value 

Investigation, Notice of Amended Final 

Determination Pursuant to Court Decision, Notice of 

Revocation of Antidumping Duty Order in Part, and 

Discontinuation of Fifth Antidumping Duty 

Administrative Review, 82 FR 46758, 46760 

(October 6, 2017). 

1See Citric Acid and Certain Citrate Salts from 

Belgium: Affirmative Final Determination of Sales 

at Less Than Fair Value, 83 FR 26001 (June 5, 2018) 

(Belgium Final Determination); see also Citric Acid 

and Certain Citrate Salts from Colombia: 

Affirmative Final Determination of Sales at Less 

Than Fair Value and Final Negative Determination 

of Critical Circumstances, 83 FR 26002 (June 5, 

2018) (Colombia Final Determination); and Citric 

Acid and Certain Citrate Salts from Thailand: 

Affirmative Final Determination of Sales at Less 

Than Fair Value and Final Affirmative 

Determination of Critical Circumstances in Part, 83 

FR 25998 (June 5, 2018) (Thailand Final 

Determination). 

2See Letter from the ITC to the Honorable Gary 

Taverman, dated July 10, 2018 (Notification of ITC 

Final Determination); see also Citric Acid from 

Belgium, Colombia, and Thailand, Investigation 

Nos. 731–TA–1374–1376 (Final) (July 2018). On 

October 20, 2017, the petitioners submitted a timely 

filed critical circumstances allegation with respect 

to imports from Colombia and Thailand. Commerce 

subsequently issued a negative critical 

circumstances determination with regard to the 

investigation for Colombia and, thus, the ITC did 

not address critical circumstances for Colombia in 

its final injury determination. 

3See Citric Acid from Belgium, Colombia, and 

Thailand; Determinations, 83 FR 32905 (July 16, 

2018). 

determination’’ and Commerce shall 

‘‘terminate the suspension of 

liquidation’’ and ‘‘release any bond or 

other security, and refund any cash 

deposit.’’ As a result of the CIT’s 

decision affirming Commerce’s Final 

Redetermination, Commerce is revoking 

the countervailing duty order on off 

road tires from Sri Lanka 11 because the 

revised CVD margin for Camso Loadstar, 

the only mandatory respondent, is now 

de minimis.12 Because the revised net 

countervailable subsidy rate for the sole 

mandatory respondent, Camso Loadstar, 

is de minimis, Commerce did not 

determine an all-others rate in the Final 

Redetermination. Accordingly, 

Commerce intends to issue instructions 

to U.S. Customs and Border Protection 

(CBP) to release any bonds or other 

security and refund cash deposits 

pertaining to any suspended entries 

pursuant to the Order. As a result of this 

revocation, Commerce will not initiate 

administrative reviews of this Order.13

Although section 705(c)(2)(A) of the 

Act instructs Commerce to terminate 

suspension of liquidation, we note that, 

pursuant to Timken, the suspension of 

liquidation must continue during the 

pendency of the appeals process. Thus, 

we will continue to instruct CBP at this 

time to (A) release any bond or other 

security, and refund any cash deposit 

made pursuant to the Order as 

discussed above; and (B) suspend 

liquidation of all unliquidated entries of 

subject merchandise from Sri Lanka at 

a cash deposit rate of 0.00 percent 

which are entered, or withdrawn from 

warehouse, for consumption on or after 

July 21, 2018, which is ten days after the 

court’s decision, in accordance with 

section 516A of the Act.14 In the event 

that the CIT’s judgment affirming the 

Final Redetermination is not appealed, 

or appealed and upheld by the U.S. 

Court of Appeals for the Federal Circuit, 

Commerce will instruct CBP to 

terminate the suspension of liquidation 

and to liquidate those entries of subject 

merchandise without regard to 

countervailing duties. Notwithstanding 

the continued suspension described 

above, the countervailing duty order on 

off road tires from Sri Lanka is hereby 

revoked, as described above. 

Lastly, we note that, at this time, 

Commerce remains enjoined by Court 

order from liquidating entries that were 

produced and/or exported by Camso 

Loadstar, and were entered, or 

withdrawn from warehouse, for 

consumption during the period June 20, 

2016, through October 17, 2016, and 

from February 28, 2017, through 

December 31, 2017. These entries will 

remain enjoined pursuant to the terms 

of the injunction during the pendency of 

any appeals process. 

Notification to Interested Parties 

This notice serves as a reminder to 

parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of the APO is a violation 

subject to sanction. 

This notice is issued and published in 

accordance with section 516A(c)(1) and 

(e) of the Act. 

Dated: July 19, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2018–15879 Filed 7–24–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–423–813, A–301–803, and A–549–833] 

Citric Acid and Certain Citrate Salts 

From Belgium, Colombia and Thailand: 

Antidumping Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing antidumping duty 

(AD) orders on citric acid and certain 

citrate salts (citric acid) from Belgium, 

Colombia and Thailand. 

DATES: Applicable July 25, 2018. 

FOR FURTHER INFORMATION CONTACT: Paul 

Stolz (Belgium), Stephanie Moore 

(Colombia) or Joy Zhang (Thailand); 

AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4474, 

(202) 482–3692, (202) 482–1168, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 5, 2018, in accordance with 

sections 735(d) and 777(i)(1) of the 

Tariff Act of 1930, as amended (the Act) 

and 19 CFR 351.210(c), Commerce 

published its affirmative final 

determinations in the less-than-fairvalue (LTFV) investigations of citric 

acid from Belgium, Colombia and 

Thailand.1 On July 10, 2018, the ITC 

notified Commerce of its affirmative 

final determination, pursuant to section 

735(d) of the Act, that an industry in the 

United States is materially injured 

within the meaning of section 

735(b)(1)(A)(i) of the Act, by reason of 

the LTFV imports of citric acid from 

Belgium, Colombia, and Thailand, and 

its determination that critical 

circumstances do not exist with respect 

to imports of citric acid from Thailand 

subject to Commerce’s affirmative 

critical circumstances determination.2

On July 16, 2018, the ITC published its 

final determination in the Federal 

Register.3


daltland on DSKBBV9HB2PROD with NOTICES