Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 72165 

1See Final Results Of Redetermination Pursuant 

To Court Remand, Consol. Court No. 11–00451, Slip 

Op. 13–106 (CIT August 15, 2013), dated January 

9, 2014, available at http://enforcement.trade.gov/

remands/13-106.pdf. 

2 Id. at 8–10. As we explain below, the 

Department’s recalculation of these surrogate values 

continued to yield a de minimis weighted-average 

dumping margin for Calgon Tianjin. Thus, 

consistent with our practice, the Department has 

not amended the final results with respect to Calgon 

Tianjin. 

3The Department found Ningxia Guanghua and 

Beijing Pacific to be affiliated and a single entity in 

First Administrative Review of Certain Activated 

Carbon From the People’s Republic of China: Final 

Results of Antidumping Duty Administrative 

Review, 74 FR 57995, 57998 (November 10, 2009). 

4See Remand at 10–13. 

5See Certain Activated Carbon From the People’s 

Republic of China: Final Results and Partial 

Rescission of Third Antidumping Duty 

Administrative Review, 76 FR 67142 (October 31, 

2011) (‘‘AR3 Final Results’’) and the accompanying 

Issues and Decision Memorandum. 

Total Burden Hours: 7,925. 

Charlene Parker, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2014–28552 Filed 12–4–14; 8:45 am] 

BILLING CODE 3411–15–P 

COMMISSION ON CIVIL RIGHTS 

Sunshine Act Meeting 

AGENCY: United States Commission on 

Civil Rights. 

ACTION: Notice of Commission Business 

Meeting. 

DATES: Date and Time: Friday, 

December 12, 2014; 9:30 a.m. EST. 

ADDRESSES: Place: 1331 Pennsylvania 

Ave. NW., Suite 1150, Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Lenore Ostrowsky, Acting Chief, Public 

Affairs Unit (202) 376–8591. 

Hearing-impaired persons who will 

attend the briefing and require the 

services of a sign language interpreter 

should contact Pamela Dunston at (202) 

376–8105 or at signlanguage@usccr.gov 

at least seven business days before the 

scheduled date of the meeting. 

SUPPLEMENTARY INFORMATION: 

Meeting Agenda 

This meeting is open to the public. 

I. Approval of Agenda 

II. Program Planning 

• Review and Vote of the 2015 

Statutory Enforcement Report 

Discovery Plan 

• Discussion and Vote on Updating 

Select Commission Reports 

III. Management and Operations 

• Presentations from the Illinois and 

Georgia SAC Chairs on their 

Immigration Projects 

• Staff Director’s Report 

IV. State Advisory Committee (SAC) 

Appointments 

• Indiana 

V. Adjourn Meeting 

Dated: December 2, 2014. 

Marlene Sallo, 

Staff Director. 

[FR Doc. 2014–28649 Filed 12–3–14; 11:15 am] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[B–55–2014] 

Foreign-Trade Zone 221—Mesa, 

Arizona; Authorization of Production 

Activity; Apple Inc./GTAT Corp. 

(Components for Consumer 

Electronics); Mesa, Arizona 

On July 31, 2014, the City of Mesa, 

grantee of FTZ 221, submitted a 

notification of proposed production 

activity to the Foreign-Trade Zones 

(FTZ) Board on behalf of Apple Inc./

GTAT Corp., within Subzone 221A, in 

Mesa, Arizona. 

The notification was processed in 

accordance with the regulations of the 

FTZ Board (15 CFR part 400), including 

notice in the Federal Register inviting 

public comment (79 FR 47088–47089, 

8–12–2014). The FTZ Board has 

determined that no further review of the 

activity is warranted at this time. The 

production activity described in the 

notification is authorized, subject to the 

FTZ Act and the Board’s regulations, 

including Section 400.14. 

Dated: November 28, 2014. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2014–28582 Filed 12–4–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–904] 

Certain Activated Carbon From the 

People’s Republic of China: Notice of 

Court Decision Not in Harmony With 

Final Results of Administrative Review 

and Notice of Amended Final Results 

of Antidumping Duty Administrative 

Review; 2009–2010 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 24, 2014, the 

United States Court of International 

Trade (‘‘the Court’’) issued final 

judgment in Albemarle Corp. et al. v. 

United States, Consol. Court No. 11– 

00451, sustaining the Department of 

Commerce’s (‘‘the Department’’) final 

results of redetermination pursuant to 

remand (‘‘Remand’’).1 In the Remand, 

the Department recalculated the 

weighted-average dumping margin for 

Calgon Carbon (Tianjin) Co., Ltd.’s 

(‘‘Calgon Tianjin’’) using revised 

surrogate values for coal and fine byproducts.2 The Department also 

recalculated in the Remand the 

dumping margin for three respondents 

not selected for individual examination 

(i.e., the separate rate)—Ningxia 

Guanghua Cherishmet Activated Carbon 

Co., Ltd. (‘‘Ningxia Guanghua’’) and its 

affiliate Beijing Pacific Activated Carbon 

Products Co., Ltd. (‘‘Beijing Pacific’’) 

(together, ‘‘Cherishmet’’),3 as well as 

Shanxi DMD Corporation (‘‘Shanxi 

DMD’’).4

Consistent with the decision of the 

United States Court of Appeals for the 

Federal Circuit (‘‘CAFC’’) in Timken Co. 

v. United States, 893 F.2d 337 (Fed. Cir. 

1990) (‘‘Timken’’), as clarified by 

Diamond Sawblades Mfrs. Coalition v. 

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

2010), the Department is notifying the 

public that the final judgment in this 

case is not in harmony with the 

Department’s final results of the 

antidumping duty administrative review 

of the antidumping duty order on 

certain activated carbon from the 

People’s Republic of China (‘‘PRC’’) 

covering the period of review (‘‘POR’’) 

April 1, 2009, through March 31, 2010, 

and is amending the final results with 

respect to the weighted-average 

dumping margins assigned to Ningxia 

Guanghua, Beijing Pacific, and Shanxi 

DMD.5

DATES: Effective Date: December 4, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Robert Palmer, AD/CVD Operations 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–9068. 

SUPPLEMENTARY INFORMATION: 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
72166 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 

6 Id. 

7See Albemarle Corp. v. United States, 931 F. 

Supp. 2d 1280 (CIT 2013). The Court reserved 

judgment on the dumping margin assigned to 

Huahui, which was different from the margin that 

the Department assigned to Shanxi DMD, Ningxia 

Guanghua, and Beijing Pacific. Id. It explained that 

the Department could, but was not required to, 

reconsider Huahui’s margin on remand. Id. 

8See Remand at 3–8. 

9 Id. at 10. 

10 Id. 

11 Id. at 10–13. The Department did not change 

the dumping margin assigned to Huahui. Id. at 22. 

12 Id. at 13–15. 

13See Albemarle Corp. et al. v. United States, 

Consol. Court No. 11–00451 (CIT November 24, 

2014). 

14This dumping margin also applies to Beijing 

Pacific. See supra note 3. 

15See Certain Activated Carbon From the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review; 2012– 

2013, 79 FR 70163, 70165 (November 25, 2014). 

16 Id. 

Background 

On October 31, 2011, the Department 

issued AR3 Final Results.6 Cherishmet 

and Shanxi DMD, exporters of subject 

merchandise, timely filed complaints 

with the Court. Albemarle Corporation 

(‘‘Albemarle’’), a U.S. importer of 

subject merchandise, and Ningxia 

Huahui Activated Carbon Co., Ltd. 

(‘‘Huahui’’), an exporter of subject 

merchandise, also timely filed a 

complaint with the Court. Together, 

these parties challenged four aspects of 

the Department’s final results: (1) The 

surrogate value for Calgon Tianjin’s 

carbonized material; (2) the surrogate 

values for Calgon Tianjin’s coal and fine 

by-products; (3) the dumping margins 

assigned to Huahui, Shanxi DMD, 

Ningxia Guanghua, and Beijing Pacific, 

which were not selected for individual 

examination in the review; and (4) the 

use of a per-unit assessment rate for 

Shanxi DMD’s entries. On August 15, 

2013, the Court remanded the 

Department’s AR3 Final Results and 

instructed the Department to reconsider 

each of these issues.7

On January 9, 2014, the Department 

filed the Remand with the Court. First, 

the Department continued to calculate 

Calgon Tianjin’s surrogate value for 

carbonized material with the same data 

that it used in AR3 Final Results.8

Second, the Department recalculated 

Calgon Tianjin’s surrogate values for 

coal and fine by-products by capping 

those values at the value assigned to 

their main input, carbonized material.9

The Department’s recalculation of the 

by-products surrogate values continued 

to yield a de minimis weighted-average 

dumping margin for Calgon Tianjin.10

Third, and under protest, the 

Department averaged the zero and de 

minimis rates calculated for the two 

mandatory respondents in this 

administrative review (i.e., Jacobi 

Carbons AB and Calgon Tianjin) and 

assigned the resulting zero dumping 

margin to Ningxia Guanghua, Beijing 

Pacific, and Shanxi DMD.11 Finally, the 

Department determined that the issue 

concerning the use of a per-unit 

assessment rate for Shanxi DMD’s 

entries was moot, given that the 

Department assigned Shanxi DMD a 

dumping margin of zero.12 On 

November 24, 2014, the Court entered 

judgment sustaining the Remand.13

Timken Notice 

In its decision in Timken, 893 F.2d at 

341, as clarified by Diamond Sawblades, 

the CAFC held that, pursuant to section 

516A(e) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department 

must publish a notice of a court 

decision that is not ‘‘in harmony’’ with 

a Department determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The 

Court’s November 24, 2014, judgment 

sustaining the Remand constitutes a 

final decision of the Court that is not in 

harmony with the Department’s AR3 

Final Results. This notice is published 

in fulfillment of the publication 

requirement of Timken. 

Amended Final Results 

Because there is now a final court 

decision, the Department amends AR3 

Final Results with respect to Cherishmet 

and Shanxi DMD. The revised weightedaverage dumping margins for these 

exporters during the period April 1, 

2009, through March 31, 2010, follow: 

Exporter name 

Weighted average 

dumping margin 

(dollars per 

kilogram) 

Ningxia Guanghua 

Cherishmet Activated 

Carbon Co., Ltd 14 ..... 0.00 

Shanxi DMD Corporation ............................ 0.00 

Accordingly, the Department will 

continue the suspension of liquidation 

of the subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the Court’s ruling is not appealed or, if 

appealed, upheld by the CAFC, the 

Department will instruct U.S. Customs 

and Border Protection to assess 

antidumping duties on unliquidated 

entries of subject merchandise exported 

by Cherishmet and Shanxi DMD using 

the assessment rate calculated by the 

Department in the Remand and listed 

above. 

Cash Deposit Requirements 

The cash deposit rate for Cherishmet 

will remain the respondent-specific rate 

established for the subsequent and 

most-recent period during which the 

respondent was reviewed, which is 

$0.04 per kilogram.15 The cash deposit 

rate for the PRC-wide rate, which now 

includes Shanxi DMD, will remain the 

PRC-wide entity rate established for the 

subsequent and most-recent period 

during which the PRC-wide entity was 

reviewed, which is 2.42 U.S. dollars per 

kilogram.16

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: December 1, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2014–28577 Filed 12–4–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–924] 

Polyethylene Terephthalate Film, 

Sheet, and Strip From the People’s 

Republic of China: Preliminary Results 

of Antidumping Duty Administrative 

Review, Preliminary Determination of 

No Shipments and Partial Rescission 

of Review; 2012–2013 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is conducting an 

administrative review of the 

antidumping duty order on 

polyethylene terephthalate film, sheet, 

and strip (‘‘PET film’’) from the People’s 

Republic of China (‘‘PRC’’). The period 

of review (‘‘POR’’) is November 1, 2012, 

through October 31, 2013. The 

Department initiated the review with 

respect to five companies. We 

preliminarily find that two of the 

mandatory respondents, Shaoxing 

Xiangyu Green Packing Co., Ltd. and 

Tianjin Wanhua Co., Ltd. made sales of 

subject merchandise at less than normal 

value (‘‘NV’’). We are rescinding the 

review with respect to Huangshi 

Yucheng Trade Co. Ltd. (‘‘Yucheng’’). 

Further, we preliminarily find that 


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