42296 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 

1See Ball Bearings and Parts Thereof from Japan 

and the United Kingdom: Final Results of 

Antidumping Duty Administrative Reviews; 2010– 

2011, 80 FR 4248 (January 27, 2015); as amended, 

Ball Bearings and Parts Thereof from the United 

Kingdom: Amended Final Results of Antidumping 

Duty Administrative Review; 2010–2011, 80 FR 

9694 (February 24, 2015) (collectively, Final 

Results). 

2See BMW of North America LLC v. United 

States, Court No. 15–00052, Slip Op. 17–22 (CIT 

March 2, 2017) (Remand Order). 

3See Remand Order at 12–17. 

4See Results Of Remand Redetermination, BMW 

of North America LLC v. United States, Court No. 

15–00052, Slip Op. 17–22, dated May 12, 2017 

(Final Redetermination). 

5See BMW of North America LLC v. United 

States, Court No. 15–00052, Slip Op. 17–109 (CIT 

August 23, 2017). 

6See Timken Co. v. United States, 893 F.2d. 337 

(Fed. Cir. 1990) (Timken). 

7See Diamond Sawblades Mfrs. Coalition v. 

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

(Diamond Sawblades). 

8See Ball Bearings and Parts Thereof from Japan 

and the United Kingdom: Final Results of Sunset 

Reviews and Revocation of Antidumping Duty 

Orders, 79 FR 16771 (March 26, 2014). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–412–801] 

Ball Bearings and Parts Thereof From 

the United Kingdom: Notice of Court 

Decision Not in Harmony With 

Amended Final Results and Notice of 

Second Amended Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 23, 2017, the 

United States Court of International 

Trade (CIT) entered final judgment 

sustaining the final results of remand 

redetermination pursuant to court order 

by the Department of Commerce 

(Department) pertaining to the 

antidumping duty administrative review 

of the order on ball bearings and parts 

thereof (ball bearings) from the United 

Kingdom for the period May 1, 2010, 

through April 30, 2011. The Department 

is notifying the public that the final 

judgment in this case is not in harmony 

with the Department’s final results, as 

amended, in the administrative review 

of ball bearings from the United 

Kingdom. 

DATES: September 2, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Schauer, AD/CVD Operations, 

Office I, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230; telephone: (202) 482–0410. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 27, 2015, the Department 

published the Final Results in the 

above-referenced administrative 

review.1 The Department selected the 

highest rate from the petition (254.25 

percent) as the dumping margin for 

Bayerische Motoren Werke AG (BMW), 

based on adverse facts available (AFA). 

BMW of North America LLC appealed 

the Final Results to the CIT, and on 

March 2, 2017, the CIT remanded the 

Final Results.2 Specifically, the CIT 

remanded the Final Results, directing 

that the Department either: (1) Provide 

a new corroboration analysis for the 

selected petition rate that is consistent 

with the Department’s obligations and 

the Court’s opinion; or (2) determine a 

new AFA rate consistent with the 

Department’s obligations and the 

Court’s opinion.3

On May 12, 2017, the Department 

issued its final results of 

redetermination pursuant to remand.4

On remand, the Department determined 

a new AFA rate of 126.44 percent for 

BMW, consistent with the Remand 

Order. On August 23, 2017, the CIT 

sustained the Department’s Final 

Redetermination.5

Timken Notice 

In its decision in Timken,6 as clarified 

by Diamond Sawblades,7 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) of the 

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

the Department must publish a notice of 

court decision that is not ‘‘in harmony’’ 

with a Department determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The CIT’s August 23, 2017, judgment 

constitutes a final decision of that court 

that is not in harmony with the 

Department’s Final Results. This notice 

is published in fulfillment of the 

publication requirements of Timken. 

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. 

Second Amended Final Results 

Because there is now a final court 

decision, the Department is amending 

the Final Results with respect to BMW. 

The revised weighted-average dumping 

margin for BMW for the period May 1, 

2010, through April 30, 2011, is as 

follows: 

Exporter or producer 

Weightedaverage 

dumping 

margin 

(percent) 

Bayerische Motoren Werke AG .. 126.44 

In the event the Court’s ruling is not 

appealed, or if it is appealed and upheld 

by a final and conclusive court decision, 

the Department will instruct U.S. 

Customs and Border Protection to assess 

antidumping duties at a rate equal to the 

weighted-average dumping margin 

listed above to all entries of subject 

merchandise produced and/or exported 

by BMW. 

Cash Deposit Requirements 

On March 26, 2014, the Department 

revoked the antidumping duty order on 

ball bearings and parts thereof from the 

United Kingdom, effective as of 

September 15, 2011.8 Therefore, no cash 

deposit requirements will be imposed as 

a result of these second amended final 

results. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e)(1), 

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

Dated: August 30, 2017. 

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. 2017–18978 Filed 9–6–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–953] 

Narrow Woven Ribbons With Woven 

Selvedge From the People’s Republic 

of China: Preliminary Results of 

Countervailing Duty Administrative 

Review; 2015 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that countervailable 

subsidies have been provided to 

producers and exporters of narrow 

woven ribbons with woven selvedge 

from the People’s Republic of China 

mstockstill on DSK30JT082PROD with NOTICES

Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42297 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 81 FR 

78778 (November 9, 2016). 

2See Memorandum, ‘‘Narrow Woven Ribbons 

with Woven Selvedge from the People’s Republic of 

China: Extension of Deadline for Preliminary 

Results of 2015 Countervailing Duty Administrative 

Review,’’ dated May 1, 2017, and Memorandum, 

‘‘Narrow Woven Ribbons with Woven Selvedge 

from the People’s Republic of China: Extension of 

Deadline for Preliminary Results of 2015 

Countervailing Duty Administrative Review,’’ dated 

July 17, 2017. 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of 2015 Countervailing 

Duty Administrative Review: Narrow Woven 

Ribbons with Woven Selvedge from the People’s 

Republic of China,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

4 Id. 

5See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

6A list of topics discussed in the Preliminary 

Decision Memorandum can be found in the 

Appendix to this notice. 

7See 19 CFR 351.224(b). 

8See 19 CFR 351.309(c)(l)(ii). 

9See 19 CFR 351.309(d). 

10See 19 CFR 351.309(c)(2) and (d)(2). 

11See 19 CFR 351.310(c). 

12See 19 CFR 351.310. 

(PRC). The period of review (POR) is 

January 1, 2015, through December 31, 

2015. Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable September 7, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Terre Keaton Stefanova, 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) 482–1280. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the notice 

of initiation of this administrative 

review on November 9, 2016.1 On May 

1, 2017, and July 17, 2017, the 

Department postponed the preliminary 

results of this administrative review and 

the revised deadline is now August 31, 

2017.2 For a complete description of the 

events that followed the initiation of 

this administrative review, see the 

Preliminary Decision Memorandum.3

Scope of the Order 

The products covered by the order are 

narrow woven ribbons with woven 

selvedge from the PRC. For a complete 

description of the scope of this 

administrative review, see the 

Preliminary Decision Memorandum.4

Methodology 

The Department is conducting this 

countervailing duty (CVD) review in 

accordance with section 751(a)(1)(A) of 

the Tariff Act of 1930, as amended (the 

Act). For each of the subsidy programs 

found countervailable, the Department 

preliminarily determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.5 For a full 

description of the methodology 

underlying our preliminary conclusions, 

including our reliance, in part, on 

adverse facts available pursuant to 

sections 776(a) and (b) of the Act, see 

the Preliminary Decision 

Memorandum.6 The Preliminary 

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, and is available to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed and electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

Preliminary Results of the Review 

As a result of this review, we 

preliminarily determine that the 

following estimated countervailable 

subsidy rate exists: 

Company 

Subsidy 

rate 

(percent) 

Yama Ribbons and Bows Co., 

Ltd ........................................... 23.37 

Assessment Rates 

Upon issuance of the final results, the 

Department shall determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, countervailing duties on all 

appropriate entries covered by this 

review. We intend to issue assessment 

instructions to CBP 15 days after 

publication of the final results of this 

review. 

Cash Deposit Requirements 

Pursuant to section 751(a)(2)(C) of the 

Act, the Department also intends to 

instruct CBP to collect cash deposits of 

estimated countervailing duties in the 

amount indicated above. For all nonreviewed firms, we will instruct CBP to 

collect cash deposits of estimated 

countervailing duties at the most recent 

company-specific or all-others rate 

applicable to the company, as 

appropriate. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Disclosure and Public Comment 

The Department intends to disclose to 

interested parties the calculations and 

analysis performed in connection with 

this preliminary results within five days 

of publication of this notice in the 

Federal Register.7 Case briefs or other 

written comments may be submitted to 

the Assistant Secretary for Enforcement 

and Compliance no later than 30 days 

after publication of the preliminary 

results.8 Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline for filing case briefs.9

Parties who submit case briefs or 

rebuttal briefs in this administrative 

review are encouraged to submit with 

each argument: (1) A statement of the 

issue; (2) a brief summary of the 

argument; and (3) a table of 

authorities.10

Interested parties who wish to request 

a hearing, limited to issues raised in the 

case and rebuttal briefs, must do so 

within 30 days of publication of these 

preliminary results by submitting a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, using Enforcement and 

Compliance’s ACCESS system.11

Requests should contain the party’s 

name, address, and telephone number, 

the number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, we will 

inform parties of the scheduled date for 

the hearing which will be held at the 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230, at a time and date to be 

determined.12 Parties should confirm by 

telephone the date, time, and location of 

the hearing. 

Unless the deadline is extended 

pursuant to section 751(a)(3)(A) of the 

Act, we intend to issue the final results 

of this administrative review, including 

the results of our analysis of the issues 

raised by the parties in their comments, 

within 120 days after issuance of these 

preliminary results. 

Notification to Interested Parties 

These preliminary results are issued 

and published pursuant to sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(4). 

mstockstill on DSK30JT082PROD with NOTICES

42298 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 

Dated: August 30, 2017. 

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. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Application of the Countervailing Duty 

Law to Imports from the PRC 

V. Diversification of the PRC’s Economy 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Subsidies Valuation 

VIII. Interest Rate Benchmarks, Discount 

Rates, Inputs and Electricity 

IX. Analysis of Programs 

X. Conclusion 

[FR Doc. 2017–18975 Filed 9–6–17; 8:45 am] 

BILLING CODE 3510–DS–P12 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Final Notice of a New Category of 

Special Use Permit Related to the 

Operation of Desalination Facilities 

Producing Potable Water for 

Consumption 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA). 

ACTION: Notice. 

SUMMARY: On January 12, 2017, NOAA 

published a notice in the Federal 

Register proposing two new categories 

of special use permits (SUP) related to 

the operation of desalination facilities, 

and requesting public comment. NOAA 

hereby gives public notice that the 

Office of National Marine Sanctuaries 

will adopt a new SUP category pursuant 

to the requirements of Section 310 of the 

National Marine Sanctuaries Act 

(NMSA). The SUP category is for the 

continued presence of a pipeline 

transporting seawater to or from a 

desalination facility. The second 

category previously proposed for the use 

of sediment to filter seawater for 

desalination is removed. This notice 

also includes background information 

on the use of desalination in Monterey 

Bay National Marine Sanctuary 

(MBNMS) and ONMS regulations 

applicable to activities that disturb 

submerged lands or discharge into 

sanctuaries, explains why a SUP is 

appropriate for this category of actions, 

explains why issuance of a new SUP 

category will not result in additional 

regulatory review, explains how the 

SUP category will facilitate and 

streamline the administration and 

management of desalination permits, as 

appropriate, and provides responses to 

public comments received. At this time, 

most proposed desalination activity in 

sanctuaries occurs in MBNMS, and the 

scientific studies used for 

environmental impact and comparative 

cost analyses were regionally based, so 

the SUP category only applies to 

MBNMS. 

DATES: This notice becomes effective on 

September 7, 2017. 

ADDRESSES: Please see FOR FURTHER

INFORMATION CONTACT. This Federal 

Register document is also accessible via 

the Internet at: http://

montereybay.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Bridget Hoover, Monterey Bay National 

Marine Sanctuary, 99 Pacific Street 

Bldg. 455A, Monterey, CA 93940, (831) 

647–4217, bridget.hoover@noaa.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 310 of the National Marine 

Sanctuaries Act, 16 U.S.C. 1441, NOAA 

issues this notice of a Special Use 

Permit (SUP) category applicable to 

Monterey Bay National Marine 

Sanctuary (MBNMS) for the continued 

presence of a pipeline transporting 

seawater to or from a desalination 

facility. 

I. Background 

Introduction to Desalination Projects in 

Sanctuaries 

There is a growing public concern 

about ensuring adequate water resources 

to support populations along the 

California coast. Communities have 

been working together to develop 

strategies for addressing the long-term 

drought California has recently 

experienced and the resulting water 

scarcity. In the Monterey Bay area, 

desalination has been identified as one 

of the essential components of water 

resource portfolios. NOAA’s initial 

proposal was to apply the proposed SUP 

categories across the National Marine 

Sanctuary System, which could have 

resulted in the SUP categories applying 

to Olympic Coast and Florida Keys 

national marine sanctuaries (the other 

two sanctuaries adjacent to land such 

that desalination facilities could be 

constructed) in addition to MBNMS (82 

FR 3751). However, since most 

desalination activity in sanctuaries 

occurs in MBNMS, and the scientific 

studies used for environmental impact 

and comparative cost analyses were 

regionally based, the SUP category only 

applies to MBNMS. 

Desalination is the process by which 

salts and other minerals are removed 

from seawater or brackish water to 

produce potable fresh water. The 

installation and operation of 

desalination facilities near a national 

marine sanctuary may involve access to 

and use of sanctuary resources and 

include activities prohibited by a 

sanctuary’s regulations. One potentially 

applicable prohibition is for activities 

that cause the alteration of, or 

placement of structures on or in the 

seabed 15 CFR 922.132(a)(4). For 

example, installation of certain 

desalination facility structures such as 

an intake or outfall pipeline on, 

beneath, or attached to the ocean floor 

would be prohibited by sanctuary 

regulations and could only occur with 

sanctuary approval. Another prohibition 

potentially applicable to desalination 

projects is discharging or depositing any 

material or matter from within or into 

sanctuaries 15 CFR 922.132(a)(2). The 

disposal of brine effluent from a 

desalination facility, and most other 

materials, into sanctuary waters would 

be prohibited unless approved by the 

sanctuary. 

Multiple federal, state and local 

permits are typically required for any 

construction and operation of 

desalination facilities, including when a 

facility is proposed near a national 

marine sanctuary. In 2010, NOAA, in 

collaboration with the California Coastal 

Commission and California Central 

Coast Regional Water Quality Control 

Board, published specific guidelines for 

new desalination plants in a report 

titled Guidelines for Desalination Plants 

in Monterey Bay National Marine 

Sanctuary (MBNMS 2010, http://

montereybay.noaa.gov/resourcepro/ 

resmanissues/pdf/050610desal.pdf). 

These non-regulatory guidelines were 

developed to help ensure that any future 

desalination plants in or adjacent to 

MBNMS would be sited, designed, and 

operated in a manner that results in 

minimal impacts to the marine 

environment. These guidelines address 

numerous issues associated with 

desalination including site selection, 

construction and operational impacts, 

plant discharges, and intake systems. 

The guidelines encourage the use of 

subsurface intake systems and 

associated pipelines, which have less 

potential to cause environmental harm 

to sensitive marine organisms and 

habitats than other types of intakes. 

Open water intakes have the potential to 

trap organisms on the intake screens 

(impingement) or impact organisms 

mstockstill on DSK30JT082PROD with NOTICES