Foreign-Trade Zone (FTZ) 99-Wilmington, Delaware; Notification of Proposed Production Activity; AstraZeneca Pharmaceuticals LP (Pharmaceutical Products); Newark, Delaware

Published date19 March 2021
Citation86 FR 14867
Record Number2021-05732
SectionNotices
CourtForeign-trade Zones Board
14867
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
Email: program.intake@usda.gov
Persons with disabilities who require
alternative means for communication
(Braille, large print, audiotape, etc.),
should contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
Theresa Nintemann,
Acting Administrator.
[FR Doc. 2021–05734 Filed 3–18–21; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
AGENCY
: Economic Development
Administration, U.S. Department of
Commerce.
ACTION
: Notice and opportunity for
public comment.
SUMMARY
: The Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of the
firms contributed importantly to the
total or partial separation of the firms’
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
SUPPLEMENTARY INFORMATION
:
L
IST OF
P
ETITIONS
R
ECEIVED BY
EDA
FOR
C
ERTIFICATION OF
E
LIGIBILITY
T
O
A
PPLY FOR
T
RADE
A
DJUSTMENT
A
SSISTANCE
[3/9/2021 through 3/12/2021]
Firm name Firm address Date
accepted for
investigation Product(s)
WireCo WorldGroup, Inc ......................... 2400 West 75th Street, Prairie Village,
KS 66208. 3/10/2021 The firm manufactures steel wire and
steel rope.
Walker Tool & Die, Inc ............................ 2411 Walker Avenue Northwest, Grand
Rapids, MI 49544. 3/10/2021 The firm manufactures metal stamping
dies.
Kenney Industries, Inc ............................. 2110 Panoramic Circle, Dallas, TX
75212. 3/11/2021 The firm manufactures miscellaneous
metal parts.
R & J Metal Finishing, Inc ....................... 273 Gould Avenue, Depew, NY 14043 ... 3/11/2021 The firm provides metal plating and
metal coating services.
Reel Power Industrial, Inc ....................... 5101 South Council Road, Oklahoma
City, OK 73179. 3/12/2021 The firm manufactures machinery for
reeling and coiling.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Bryan Borlik,
Director.
[FR Doc. 2021–05656 Filed 3–18–21; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–21–2021]
Foreign-Trade Zone (FTZ) 99—
Wilmington, Delaware; Notification of
Proposed Production Activity;
AstraZeneca Pharmaceuticals LP
(Pharmaceutical Products); Newark,
Delaware
AstraZeneca Pharmaceuticals LP
(AstraZeneca) submitted a notification
of proposed production activity to the
FTZ Board for its facility in Newark,
Delaware. The notification conforming
to the requirements of the regulations of
the FTZ Board (15 CFR 400.22) was
received on March 11, 2021.
AstraZeneca already has authority to
produce certain pharmaceutical
products within Subzone 99D. The
current request would add finished
products and foreign status materials to
the scope of authority. Pursuant to 15
CFR 400.14(b), additional FTZ authority
would be limited to the specific foreign-
status materials and specific finished
products described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt AstraZeneca from
customs duty payments on the foreign-
status materials/components used in
export production. On its domestic
sales, for the foreign-status materials/
components noted below and in the
existing scope of authority, AstraZeneca
would be able to choose the duty rates
during customs entry procedures that
apply to: CALQUENCE (acalabrutinib)
capsules; DAKLINZA (daclatasvir)
tablets; FARXIGA\FORXIGA
(dapagliflozin) tablets; KOMBIGLYZE IR
(metformin hydrochloride and
saxagliptin hydrochloride) tablets;
KOMBIGLYZE XR (metformin
hydrochloride and saxagliptin
hydrochloride) tablets; METFORMIN IR
(metformin hydrochloride) tablets;
ONGLYZA (saxagliptin hydrochloride)
tablets; QTERN (dapagliflozin and
saxagliptin hydrochloride) tablets;
QTERNMET XR (dapagliflozin,
metformin hydrochloride and
saxagliptin hydrochloride) tablets;
TAGRISSO (osimertinib mesylate)
tablets; XIGDUO IR (dapagliflozin and
metformin hydrochloride) tablets;
XIGDUO XR (dapagliflozin & metformin
hydrochloride) tablets; and, CRESTOR
(rosuvastatin calcium) tablets (duty-
free). AstraZeneca would be able to
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14868
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
1
See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2015–
2016, 83 FR 17527 (April 20, 2018) (Final Results),
and accompanying Issues and Decision
Memorandum.
2
The Jiangsu Fengtai Single Entity is comprised
of Jiangsu Fengtai Diamond Tool Manufacturer Co.,
Ltd., Jiangsu Fengtai Diamond Tools Co., Ltd., and
Jiangsu Fengtai Sawing Industry Co., Ltd.
3
See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. 103–316, vol. 1 (1994) at 883 (SAA);
see also Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
4
See Bosun Tools v. United States, Court No. 18–
00102, Slip Op. 19–125 (September 23, 2019).
5
Id. at 14–15.
6
Id.
7
See Bosun Tools v. United States, Court No. 18–
00102, Slip Op. 19–125, ‘‘Final Results of
Redetermination Pursuant to Court Remand,’’ dated
March 9, 2020 (First Remand Redetermination).
8
Id. at 6.
9
Id. at 7–8.
10
Id. at 8.
11
See Bosun Tools v. United States, Court No.
18–00102, Slip Op. 20–97 (July 14, 2020).
12
See Bosun Tools v. United States, Court No.
18–00102, Slip Op. 20–97, ‘‘Final Second Remand
Redetermination,’’ dated October 13, 2020 (Second
Remand Redetermination).
13
See Bosun Tools v. United States, Court No.
18–00102, Slip Op. 21–23 (February 24, 2021).
14
See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
15
See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010).
avoid duty on foreign-status
components which become scrap/waste.
Customs duties also could possibly be
deferred or reduced on foreign-status
production equipment.
The materials sourced from abroad
include: Metformin hydrochloride
active pharmaceutical ingredient (API);
dapagliflozin API; daclatasvir API;
osimertinib mesylate API; acalabrutinib
API; saxagliptin hydrochloride API;
rosuvastatin calcium API; and,
microcrystalline cellulose (duty rate
ranges from 3.7% to 6.5%). The request
indicates that certain materials are
subject to duties under Section 301 of
the Trade Act of 1974 (Section 301),
depending on the country of origin. The
applicable Section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is April
28, 2021.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
Dated: March 15, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–05732 Filed 3–18–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With Final Results of the
2015–2016 Antidumping Duty
Administrative Review and Notice of
Amended Final Results of Review
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: On February 24, 2021, the
U.S. Court of International Trade (the
Court) entered final judgment sustaining
the final results of remand
redetermination pursuant to court order
by the U.S. Department of Commerce
(Commerce) pertaining to the 2015–
2016 antidumping duty (AD)
administrative review on diamond
sawblades and parts thereof (diamond
sawblades) from the People’s Republic
of China (China). Commerce is notifying
the public that the final judgment in this
case is not in harmony with Commerce’s
final results in the 2015–2016 AD
administrative review of diamond
sawblades from China, and that
Commerce is amending the final results.
DATES
: Applicable March 6, 2021.
FOR FURTHER INFORMATION CONTACT
:
Allison Hollander, 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) 482–2805.
SUPPLEMENTARY INFORMATION
:
Background
On April 20, 2018, Commerce
published its final results of the 2015–
2016 AD administrative review for
diamond sawblades from China.
1
In the
Final Results, we determined the
dumping margin for both mandatory
respondents, Chengdu Huifeng New
Material Technology Co., Ltd. (Chengdu
Huifeng) and the Jiangsu Fengtai Single
Entity,
2
based entirely on adverse facts
available (AFA). Because all the
mandatory respondents’ rates were
based on AFA (and were both the same
at 82.05 percent), we applied the
mandatory respondents’ rate to the
companies eligible for a separate rate
that were not selected for individual
examination, consistent with section
735(c)(5)(B) of the Tariff Act of 1930, as
amended (the Act) and the ‘‘expected
method’’ of the SAA.
3
On September 23, 2019, the Court
remanded aspects of the Final Results to
Commerce for further consideration.
4
The Court remanded Commerce’s
decision to reject as untimely a
supplemental questionnaire response
submitted by Chengdu Huifeng and
directed Commerce to consider
Chengdu Huifeng’s response in
calculating Chengdu Huifeng’s
individual dumping margin.
5
If this
resulted in a change to Chengdu
Huifeng’s margin, the Court ordered
Commerce to adjust the separate rate
respondents’ rates accordingly.
6
In its
first remand redetermination, issued in
March 2020,
7
Commerce accepted
Chengdu Huifeng’s response and
calculated an individual dumping
margin of zero percent for Chengdu
Huifeng.
8
Because all the mandatory
respondents’ rates were either zero, de
minimis, or based entirely on AFA,
Commerce continued to determine the
separate rate pursuant to the ‘‘expected
method.’’
9
Specifically, Commerce
averaged the zero percent margin for
Chengdu Huifeng with the 82.05 percent
margin for the Jiangsu Fengtai Single
Entity to determine a 41.03 percent rate
for the separate rate companies.
10
On July 14, 2020, the Court sustained
Commerce’s calculation of Chengdu
Huifeng’s zero percent individual
margin but remanded Commerce’s
determination of the separate rate,
finding that Commerce improperly did
not consider lower margins from prior
administrative reviews in determining
whether the separate rate reasonably
reflects the separate rate companies’
potential dumping behavior.
11
In its
Second Remand Redetermination,
issued in October 2020, Commerce
considered the rates from prior reviews,
under respectful protest, and
determined that the prior rates support
continuing to use the expected method
to determine the separate rate.
12
Accordingly, Commerce continued to
calculate a separate rate of 41.03. The
Court sustained the Second Remand
Redetermination in full.
13
Timken Notice
In its decision in Timken,
14
as
clarified by Diamond Sawblades,
15
the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(c) of
the Act, Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
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