78038 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

2See Downhole Pipe v. United States, CIT No. 

11–00080, Slip Op. 14–130 (November 10, 2014). 

3See sections 516A(c)(1) and (e) of the Act. 

4See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374, 1381–82 (Fed. Cir. 

2010). 

5See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews and 

Request for Revocation in Part, 79 FR 24398 (April 

30, 2014). The Department received a request to 

conduct a countervailing duty administrative 

review from Shanxi Yida Special Steel Imp. & Exp. 

Co., Ltd., a Chinese exporter of drill pipe. 

1See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 79 FR 18260 

(April 1, 2014). 

The respondent, Downhole Pipe, a 

Chinese producer of subject 

merchandise, subsequently challenged 

the ITC’s final injury determination in 

Downhole Pipe v. United States, CIT No. 

11–00080, and the ITC reversed its 

injury determination on remand, finding 

no material injury or threat thereof. On 

November 10, 2014, the CIT affirmed 

the ITC’s remand and entered judgment 

in the case.2 Therefore, there is now a 

final CIT decision in the case sustaining 

the ITC’s negative injury determination 

concerning drill pipe from the PRC. The 

November 10, 2014, decision by the CIT 

in Downhole Pipe constitutes a final CIT 

decision that is not in harmony with the 

ITC’s original affirmative injury 

determination. 

Statutory Notice 

In its decision in Timken Co. v. 

United States, 893 F.2d 337, 341 (Fed. 

Cir. 1990), the Court of Appeals for the 

Federal Circuit (CAFC) held that, 

pursuant to section 516A 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 an ITC determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision.3 The 

November 10, 2014, decision by the CIT 

in Downhole Pipe constitutes a final CIT 

decision that is not in harmony with the 

ITC’s original affirmative injury 

determination on drill pipe from the 

PRC. Thus, this notice is published in 

fulfillment of the publication 

requirement in Timken and section 

516A of the Act. 

Accordingly, the Department intends 

to issue instructions to U.S. Customs 

and Border Protection (CBP) to suspend 

liquidation of all unliquidated entries of 

subject merchandise which are entered, 

or withdrawn from warehouse, for 

consumption after November 20, 2014, 

which is ten days after the court’s 

decision in accordance with section 

516A of the Act. Pursuant to Timken, all 

entries entered, or withdrawn from 

warehouse, for consumption after 

November 20, 2014, that remains 

unliquidated, will be suspended during 

the pendency of the appeals process so 

that they may be liquidated in 

accordance with the ‘‘conclusive’’ court 

decision. 

Revocation of the Antidumping and 

Countervailing Duty Orders and 

Discontinuation of Countervailing Duty 

Administrative Review 

The ITC published notice of its 

negative determination in the Federal 

Register, pursuant to sections 705(d) 

and 735(d) of the Tariff Act of 1930, as 

amended (the Act).4 See International 

Trade Commission, Investigation Nos. 

701–TA–474 and 731–TA–1176 (Final 

Remand): Drill Pipe and Drill Collars 

from China, 79 FR 75592 (December 18, 

2014); sections 705(d) and 735(d) of the 

Act (‘‘. . . the Commission . . . shall 

publish notice of its determination in 

the Federal Register.’’). 

Pursuant to sections 705(c)(2) and 

735(c)(2) of the Act, ‘‘the investigation 

shall be terminated upon publication of 

that negative determination’’ and the 

Department shall ‘‘terminate the 

suspension of liquidation’’ and ‘‘release 

any bond or other security, and refund 

any cash deposit.’’ Sections 705(c)(2)(A) 

and (B) of the Act; sections 735(c)(2)(A) 

and (B) of the Act. As a result of the 

ITC’s publication, the Department is 

hereby revoking the antidumping and 

countervailing duty orders and releasing 

any bonds or other security and 

refunding cash deposits. 

While sections 705(c)(2)(A) and 

735(c)(2)(A) of the Act instruct the 

Department to terminate suspension of 

liquidation, here, because suspension of 

liquidation must continue during the 

pendency of the appeals process (in 

accordance with Timken and as 

discussed above), we will instruct CBP 

at this time to (A) continue suspension 

at a cash deposit rate of 0.0 percent until 

instructed otherwise; and (B) release 

any bond or other security, and refund 

any cash deposit made pursuant to Drill 

Pipe from the People’s Republic of 

China: Antidumping Duty Order, 76 FR 

11757 (March 3, 2011); Drill Pipe from 

the People’s Republic of China: 

Countervailing Duty Order, 76 FR 11758 

(March 3, 2011). In the event the court’s 

ruling in Downhole Pipe is not 

appealed, or if appealed and upheld by 

the CAFC, the Department will instruct 

CBP to terminate the suspension of 

liquidation and to liquidate those 

entries of subject merchandise without 

regard to antidumping or countervailing 

duties. Notwithstanding the continued 

suspension described above, the 

antidumping and countervailing duty 

orders on drill pipe from the PRC are 

hereby revoked. As a result of this 

revocation, the Department is 

discontinuing the ongoing 

administrative review of the 

countervailing duty order covering the 

period January 1, 2013, through 

December 31, 2013,5 and will not 

initiate any new administrative reviews 

of the antidumping and countervailing 

duty orders. 

This notice is published pursuant to 

section 516A of the Act. See sections 

516A(c)(1) and (e). 

Dated: December 18, 2014. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2014–30384 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–821–811] 

Solid Fertilizer Grade Ammonium 

Nitrate From the Russian Federation: 

Rescission of Antidumping Duty 

Administrative Review; 2013–2014 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: December 29, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Eastwood or David Crespo, 

AD/CVD Operations, Office II, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–3874 and (202) 482–3693, 

respectively. 

Background: 

On April 1, 2014, the Department of 

Commerce (the Department) published 

in the Federal Register a notice of 

‘‘Opportunity to Request Administrative 

Review’’ of the antidumping duty order 

on solid fertilizer grade ammonium 

nitrate (ammonium nitrate) from the 

Russian Federation (Russia) covering 

the period of review of April 1, 2013, 

through March 31, 2014.1 During the 

anniversary month of April 2014, the 

Department received a timely request, in 

accordance with section 751(a) of the 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78039 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Review, 79 FR 

30809 (May 29, 2014). 

Tariff Act of 1930, as amended (the Act), 

for an administrative review from the 

petitioners, CF Industries, Inc. and El 

Dorado Chemical Company, for the 

following companies: (1) JSC Acron/JSC 

Dorogobuzh (collectively, ‘‘Acron’’); and 

(2) MCC EuroChem/OJSC NAK Azot/

OJSC Nevinnomyssky (collectively, 

‘‘EuroChem’’). On May 29, 2014, the 

Department published in the Federal 

Register a notice of initiation of 

administrative review with respect to 

these companies.2

On August 20, 2014, the petitioners 

withdrew their request for an 

administrative review for Acron and 

EuroChem. 

Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Department will rescind an 

administrative review, in whole or in 

part, if a party that requested the review 

withdraws the request within 90 days of 

the date of publication of notice of 

initiation of the requested review. The 

petitioners withdrew their request for 

review by the 90-day deadline. 

Therefore, we are rescinding the 

administrative review of the 

antidumping duty order on ammonium 

nitrate from Russia covering the period 

April 1, 2013, through March 31, 2014. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries. Antidumping duties 

shall be assessed at rates equal to the 

cash deposit of estimated antidumping 

duties required at the time of entry, or 

withdrawal from warehouse, for 

consumption, in accordance with 19 

CFR 351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after the date of publication of this 

notice in the Federal Register. 

Notification to Importers 

This notice serves as the only 

reminder to importers of their 

responsibility, under 19 CFR 

351.402(f)(2), to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement may result in the 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Notification Regarding Administrative 

Protective Order 

This notice serves as the only 

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 return/

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This notice is issued and published in 

accordance with section 751 of the Act 

and 19 CFR 351.213(d)(4). 

Dated: December 19, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2014–30391 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–845] 

Sugar From Mexico: Suspension of 

Antidumping Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: December 19, 

2014. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) has suspended the 

antidumping duty investigation on 

sugar from Mexico. The basis for this 

action is an agreement between the 

Department and signatory producers/

exporters accounting for substantially 

all imports of sugar from Mexico, 

wherein each signatory producer/

exporter has agreed to revise its prices 

to eliminate completely the injurious 

effects of exports of the subject 

merchandise to the United States. 

FOR FURTHER INFORMATION CONTACT: 

Sally Craig Gannon or Judith Wey 

Rudman at (202) 482–0162 or (202) 482– 

0192, respectively; Bilateral Agreements 

Unit, Office of Policy, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 17, 2014, the Department 

initiated an antidumping duty 

investigation under section 732 of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), to determine whether imports of 

sugar from Mexico are being, or are 

likely to be, sold in the United States at 

less than fair value (‘‘LTFV’’). See Sugar 

from Mexico: Initiation of Antidumping 

Duty Investigation, 79 FR 22795 (April 

24, 2014). On October 24, 2014, the 

Department preliminarily determined 

that sugar from Mexico is being, or is 

likely to be, sold in the United States at 

LTFV, as provided in section 733 of the 

Act, and postponed the final 

determination in this investigation until 

no later than 135 days after the date of 

publication of the preliminary 

determination in the Federal Register. 

See Sugar from Mexico: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 79 FR 65189 (November 

3, 2014) (‘‘Preliminary Determination’’). 

On October 27, 2014, the Department 

and a representative of the signatory 

producers/exporters initialed a 

proposed agreement to suspend the 

antidumping investigation on sugar 

from Mexico. After initialing the 

proposed agreement, consistent with 

734(e)(1) of the Act, the Department 

notified and consulted with the 

petitioners (i.e., the American Sugar 

Coalition and its individual members: 

American Sugar Cane League, American 

Sugar Refining, Inc., American 

Sugarbeet Growers Association, Florida 

Sugar Cane League, Hawaiian 

Commercial and Sugar Company, Rio 

Grande Valley Sugar Growers, Inc., 

Sugar Cane Growers Cooperative of 

Florida, and United States Beet Sugar 

Association) concerning its intention to 

suspend the antidumping investigation 

on sugar from Mexico. The Department 

also notified the other parties to the 

investigation and the International 

Trade Commission (‘‘ITC’’) of the 

proposed agreement, consistent with 

734(e)(1) of the Act. Also on October 27, 

2014, we invited interested parties to 

provide written comments on the 

proposed suspension agreement by no 

later than the close of business on 

November 10, 2014. See ‘‘Memorandum 

to All Interested Parties’’ and ‘‘Draft 

Agreement Suspending the 

Antidumping Duty Investigation on 

Sugar from Mexico,’’ dated October 27, 

2014. On October 30, 2014, the 

Department issued a memorandum 

titled ‘‘Proposed Scope Clarification’’ 

and requested comments from 

interested parties. On November 7, 

2014, we extended the deadline to 

submit comments on the draft 

suspension agreement and the proposed 

scope clarification until November 18, 

2014. See memorandum titled ‘‘Sugar 


tkelley on DSK3SPTVN1PROD with NOTICES