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responsibility concerning the return or 31. Jinxiang Fengsheng Import & Export 75. Shenzhen Bainong Co., Ltd. destruction of proprietary information Co., Ltd. 76. Shenzhen Fanhui Import & Export disclosed under APO in accordance 32. Jinxiang Jinma Fruits Vegetables Co., Ltd. with 19 CFR 351.305, which continues Products Co., Ltd. 77. Shenzhen Greening Trading Co., to govern business proprietary 33. Jinxiang Meihua Garlic Produce Co., Ltd. information in this segment of the Ltd. 78. T&S International, LLC proceeding. Timely written notification 34. Jinxiang Shanyang Freezing Storage 79. Taian Eastsun Foods Co., Ltd. of the return/destruction of APO Co., Ltd. 80. Taian Fook Huat Tong Kee Pte. Ltd. materials or conversion to judicial 35. Jinxiang Shenglong Trade Co., Ltd. 81. Taian Solar Summit Food Co., Ltd. protective order is hereby requested. 36. Jinxiang Tianheng Trade Co., Ltd. 82. Tianjin Spiceshi Co., Ltd. Failure to comply with the regulations 37. Jinxiang Tianma Freezing Storage 83. Taiyan Ziyang Food Co., Ltd. and terms of an APO is a violation Co., Ltd. 84. U.S. United Logistics (Ningbo) Inc. which is subject to sanction. 38. Jinxiang Yuanxin Import & Export 85. V.T. Impex () Limited This notice is issued and published in Co., Ltd. 86. Chenglong Import & Export accordance with section 777(i)(1) of the 39. Juye Homestead Fruits and Co., Ltd. Tariff Act of 1930, as amended, and 19 Vegetables Co., Ltd. 87. Weifang Jinbao Agricultural CFR 351.213(d)(4). 40. Kingwin Industrial Co., Ltd. Equipment Co., Ltd. 41. Fukai Foodstuff Co., Ltd. 88. Weifang Naike Foodstuffs Co., Ltd. Dated: June 11, 2012. 42. Xubin Fruits and Vegetables 89. Weifang Shennong Foodstuff Co., Christian Marsh, 43. Linshu Dading Private Agricultural Ltd. Products Co., Ltd. Deputy Assistant Secretary for Antidumping 90. Textile Group Import & and Countervailing Duty Operations. 44. City Hedong District Jiuli Export Co., Ltd. Foodstuff Co., Ltd. Attachment 1 45. Linyi City Kangfa Foodstuff 91. WSSF Corporation (Weifang) 1. APM Global Logistics (Shanghai) Co., Drinkable Co., Ltd. 92. Xiamen Huamin Import Export Ltd. 46. Linyi Katayama Foodstuffs Co., Ltd. Company 2. APS 47. Linyi Tianqin Foodstuff Co., Ltd. 93. Xiamen Keep Top Imp. and Exp. 3. American Pioneer Shipping 48. Ningjin Ruifeng Foodstuff Co., Ltd. Co., Ltd. 4. Anhui Dongqian Foods Ltd. 49. Qingdao Apex Shipping Co., Ltd. 94. Xinjiang Top Agricultural Products 5. Friend Food Co., Ltd. 50. Qingdao BNP Co., Ltd. Co., Ltd. 6. Anqiu Haoshun Trade Co., Ltd. 51. Qingdao Cherry Leather Garment 95. Xuzhou Heiners Agricultural Co., 7. Chiping Shengkang Foodstuff Co., Co., Ltd. Ltd. Ltd. 52. Qingdao Chongzhi International 96. XuZhou Simple Garlic Industry Co., 8. CMEC Engineering Machinery Import Transportation Co., Ltd. Ltd. & Export Co., Ltd. 53. Qingdao Lianghe International Trade 97. You Shi Li International Trading 9. Shunyifa Chemical Co., Co., Ltd. Co., Ltd. Ltd. 54. Qingdao Saturn International Trade 98. Zhangzhou Xiangcheng Rainbow 10. Dynalink Systems Logistics Co., Ltd. Greenland Food Co., Ltd. (Qingdao) Inc. 55. Qingdao Sino-World International 99. Zhengzhou Dadi Garlic Industry Co., 11. Eimskip Logistics Inc. Trading Co., Ltd. Ltd. 12. Acid Chemicals Co., Ltd. 56. Qingdao Winner Foods Co., Ltd. 100. Zhengzhou Harmoni Spice Co., 13. Frog World Co., Ltd. 57. Qingdao Yuankang International Ltd. 14. Golden Bridge International, Inc. 58. Dongbao Import & Export [FR Doc. 2012–14966 Filed 6–18–12; 8:45 am] Trade Co., Ltd. 15. Hangzhou Guanyu Foods Co., Ltd. BILLING CODE 3510–DS–P 16. Ever-Best International Trade 59. Huasai Foodstuff Co., Ltd. Co., Ltd. (f/k/a Shandong Heze 60. Samyoung America (Shanghai) Inc. 61. Shandong Chengshun Farm Produce International Trade and Developing DEPARTMENT OF COMMERCE Trading Co., Ltd. Company) 62. Shandong Bridge Imports International Trade Administration 17. Hongqiao International Logistics Co. 63. Shandong Dongsheng Eastsun Foods 18. Intecs Logistics Service Co., Ltd. Co., Ltd. Methodological Change for 19. IT Logistics Qingdao Branch 64. Shandong Garlic Company Implementation of Section 772(c)(2)(B) 20. Solar Summit International 65. Shandong Longtai Fruits and of the Tariff Act of 1930, as Amended, Co., Ltd. Vegetables Co., Ltd. In Certain Non-Market Economy 21. Jinan Yipin Corporation Ltd. 66. Shandong Wonderland Organic Antidumping Proceedings 22. De-Rain Trading Co., Ltd. Food Co., Ltd. 23. Jining Highton Trading Co., Ltd. 67. Shandong Sanxing Food Co., Ltd. AGENCY: Import Administration, 24. Jining Jiulong International Trading 68. Shandong Xingda Foodstuffs Group International Trade Administration, Co., Ltd. Co., Ltd. Department of Commerce. 25. Jining Tiankuang Trade Co., Ltd. 69. Shandong Yipin Agro (Group) Co., ACTION: Announcement of change in 26. Jining Trans-High Trading Co., Ltd. Ltd. methodology. 27. Jining Yifa Garlic Produce Co., Ltd. 70. Shanghai Ever Rich Trade Company 28. Jinxiang County Huaguang Food 71. Shanghai Goldenbridge International SUMMARY: After consideration of public Import & Export Co., Ltd. Co., Ltd. comments, the Department of 29. Jinxiang Dacheng Food Co., Ltd. 72. Shanghai Great Harvest International Commerce (‘‘the Department’’) will 30. Jinxiang Dongyun Freezing Storage Co., Ltd. implement a methodological change to Co., Ltd. (a/k/a Jinxiang Eastward 73. Shanghai Medicines & Health reduce export price or constructed Shipping Import and Export Products Import/Export Co., Ltd. export price in certain non-market Limited Company and Jinxiang 74. Shanghai Yijia International economy (‘‘NME’’) antidumping Dongyun Import & Export Co.) Transportation Co., Ltd. proceedings by the amount of export

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tax, duty, or other charge, pursuant to subsidies given the nature of a {NME}. Such unchanged in Polyethylene Retail section 772(c)(2)(B) of the Tariff Act of an economy is riddled with distortions, with Carrier Bags from the Socialist Republic 1930, as amended (‘‘the Act’’). the government influencing prices and cost of Vietnam: Final Affirmative structures, regulating investment, wages and Countervailing Duty Determination, 75 FOR FURTHER INFORMATION CONTACT: private ownership, and allocating credit. Albert Hsu, Senior Economist, Office of Attempts to isolate individual government FR 16428 (April 1, 2010) (‘‘PRCBs’’), Policy, Import Administration, U.S. interventions in this setting—whether they and accompanying Issues and Decision Department of Commerce, 14th Street be transfers from the government or from Memorandum at III (‘‘Applicability of and Constitution Avenue NW., exporters to the government—make no sense. the CVD Law to Vietnam’’). Washington, DC 20230; telephone: (202) See Remand Redetermination: Pursuant to its determination that 482–4491. Magnesium Corp. of America, et al. v. subsidies from certain NME governments to NME companies can be SUPPLEMENTARY INFORMATION: United States, at 6–8, dated Oct. 28, identified and measured, the 1996 (‘‘Remand Redetermination’’) Department has reconsidered its Background (available at: http://ia.ita.doc.gov/tlei/ administrative practice that taxes paid Pursuant to section 772(c)(2)(B) of the index.html). The U.S. Court of by NME companies to these NME Act, the Department is instructed to International Trade (‘‘CIT’’) upheld the governments cannot be identified and reduce the export price or constructed Department’s remand results. See measured. Specifically, the Department export price used in the antidumping Magnesium Corp. of America v. United has proposed a change to the States, 20 CIT 1464, 1466 (1996). The margin calculation by ‘‘the amount, if administrative practice explained in U.S. Court of Appeals for the Federal included in such price, of any export Russian Magnesium, as upheld in the tax, duty, or other charge imposed by Circuit (‘‘Federal Circuit’’) then affirmed Mag. Corp. cases, with respect to the the exporting country on the exportation the CIT’s decision, stating that it agreed PRC and Vietnam. See Proposed of the subject merchandise to the United with the reasoning put forward in the Methodology for Implementation of States, other than an export tax, duty, or Department’s Remand Redetermination. Section 772(c)(2)(B) of the Tariff Act of other charge described in section See Magnesium Corp. of America v. { } 1930, as Amended, In Certain Non- 771(6)(C) of the Act .’’ However, the United States, 166 F.3d 1364, 1370–71 Market Economy Antidumping Department’s past administrative (Fed. Cir. 1999) (‘‘Mag. Corp. III’’). Proceedings; Request for Comment, 76 However, since Mag. Corp. III, the practice has been not to apply section FR 4866 (January 27, 2011) (‘‘Proposed 772(c)(2)(B) of the Act in NME Department has changed its practice Methodology’’). Under that proposal, the antidumping proceedings because with respect to application of the Department, pursuant to section pervasive government intervention in countervailing duty (‘‘CVD’’) law to 772(c)(2)(B) of the Act, would reduce NMEs precluded proper valuation of subsidized imports from the People’s export price and constructed export taxes paid by NME respondents to NME Republic of China (‘‘the PRC’’) and the price used in NME dumping margin governments. This practice originated in Socialist Republic of Vietnam calculations by the amount of export the less-than-fair-value investigations of (‘‘Vietnam’’), which the Department taxes and similar charges, including pure magnesium and magnesium alloy continues to designate as NME countries value added taxes (‘‘VAT’’) not rebated from the Russian Federation, which the for antidumping purposes. As explained upon export, in less-than-fair-value Department then considered to be an in the CVD investigations of coated free investigations and administrative NME country. See Notice of Final sheet paper from the PRC and reviews of antidumping duty orders. Id. Determinations of Sales at Less Than polyethylene retail carrier bags from This methodology may later be applied Fair Value: Pure Magnesium and Alloy Vietnam, the present-day Chinese and to other NMEs, pursuant to a Magnesium From the Russian Vietnamese economies are sufficiently determination that the NME at issue is Federation, 60 FR 16440 (March 30, dissimilar from Soviet-style economies sufficiently dissimilar from Soviet-style 1995) (‘‘Russian Magnesium’’), at that the Department can determine economies. Comment 10. In those investigations, whether the Chinese or Vietnamese After consideration of public the Department determined not to governments have bestowed an comments, the Department is hereby reduce the NME respondents’ U.S. identifiable and measurable benefit adopting the following methodology to prices for an export tax paid to the NME upon a producer, and whether the implement section 772(c)(2)(B) in government, the Russian Federation. Id. benefit is specific, including certain antidumping duty investigations and In subsequent litigation challenging measures related to taxation. See Coated administrative reviews involving that determination, the Department Free Sheet Paper from the People’s merchandise from the PRC and explained its reasoning as follows: Republic of China: Final Affirmative Vietnam. Countervailing Duty Determination, 72 The {NME} is governed by a presumption Methodological Change of widespread intervention and influence in FR 60645 (October 25, 2007) (‘‘CFS the economic activities of enterprises. An Paper’’); ‘‘Whether the Analytical In antidumping duty investigations export tax charged for one purpose may be Elements of the Georgetown Steel and administrative reviews involving offset by government transfers provided for Opinion are Applicable to China’s merchandise from the PRC and another purpose. Present-Day Economy,’’ dated March 29, Vietnam, the Department will determine * * * * * 2007 (available at: http://ia.ita.doc.gov/ whether, as a matter of law, regulation, To make a deduction for export taxes download/prc-cfsp/CFS%20China or other official action, the NME imposed by a NME government would .Georgetown%20applicability.pdf); government has imposed ‘‘an export tax, unreasonably isolate one part of the web of Polyethylene Retail Carrier Bags from duty, or other charge’’ upon export of transactions between government and the Socialist Republic of Vietnam: the subject merchandise during the producer. The Department’s uniform Preliminary Affirmative Countervailing period of investigation or the period of approach to intra-NME transfers can be seen in its policy regarding transfers (or Duty Determination and Alignment of review (e.g., an export tax or VAT that ‘‘subsidies’’) paid by a NME government to Final Countervailing Duty is not fully refunded upon exportation). a NME producer. The Department—with the Determination with Final Antidumping The Department anticipates that parties approval of the Court of Appeals—has Duty Determination, 74 FR 45811, would place upon the record copies of declined to find such transfers to be 45813–14 (September 4, 2009), laws, regulations, other official

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documents, or similar publicly available Interests favoring the Proposed imposed export tax only arises through information that identify the particular Methodology assert that, because of the the fact that there were export sales. tax imposed on certain exports by the tax-free normal values used in NME As a result, because the liability arises PRC or Vietnamese government. The antidumping methodology proceedings, as a result of export sales, this is where Department will also consider evidence the proposed modification would result payment originates. Therefore, to as to whether the particular in a preferred tax-neutral dumping achieve what is called for in the statute, respondent(s) was, in some manner, margin calculation. Other commenters the gross price charged to the customer exempted from the requirement to pay suggest that the Department should must be reduced to a net price received. the export tax, duty, or other charge. expand its methodological change and In cases involving imports from the PRC The Department anticipates that such adjust for all NME taxes and charges or Vietnam, ‘‘included in the price’’ evidence would include official that impact margin calculation, not just means whether the respondent has documentation of the respondent’s export taxes and VAT. reported a price which is gross (i.e., exemption. Department’s Position: In adopting inclusive) or net (i.e., exclusive) of tax. Provided that the NME government this methodological change, the As such, if a gross price has been imposed an export tax, duty, or other Department considers taxes levied by reported, a deduction must be made for charge on subject merchandise as the Chinese and Vietnamese those taxes imposed on the sale, and if contemplated by section 772(c)(2)(B) of governments to be different from other a net price has been reported, the Act, from which the respondent was internal transactions between deductions are not required. We note not exempted, the Department will companies in an NME context. that, in prior cases involving imports reduce the respondent’s export price Although we do not know how from the PRC or Vietnam where the and constructed export price individual companies in those NME Department was aware that such a tax accordingly, by the amount of the tax, countries set prices, we do know that was imposed, it has typically been duty or charge paid, but not rebated. the government taxes a portion of expressed as a percentage of the export The Department anticipates that, in companies’ sales receipts. Consistent selling price. Therefore, any such many instances, the export tax, VAT, with our CVD determinations in CFS deduction to export price would also be duty, or other charge will be a fixed Paper and PRCBs, we can measure a performed on a percentage basis. percentage of the price. In such cases, transfer of funds between certain NMEs We further note that deducting the Department will adjust the export and companies therein, regardless of the internal NME tax transactions from price or constructed export price direction the money flows. Given that, export price or constructed export price downward by the same percentage. In and given that we know how much is consistent with the Department’s other instances where the tax or charge respondent companies receive for the longstanding policy, which is consistent is a flat fee or nominal sum U.S. sale, we have determined it with the intent of the statute, that denominated in NME country currency, appropriate to take taxes into account, dumping comparisons be tax-neutral. the Department will determine the ratio as directed by the statute. See section See Antidumping Duties; Countervailing of the flat fee to the respondent’s export 772(c)(2)(B) of the Act. Duties, 62 FR 27296, 27369 (May 19, price or constructed export price as Specifically, the statute defines an 1997) (citing Statement of denominated in its domestic currency, NME as ‘‘any foreign country that the Administrative Action accompanying and then adjust the export price or administering authority determines does the Uruguay Round Agreements Act, constructed export price downward by not operate on market principles of cost H.R. Doc. No. 103–316, vol. 1, 827, the same ratio. or pricing structures, so that sales of reprinted in 1994 U.S.C.C.A.N. 3773, merchandise in such country do not 4172). Analysis of Public Comments reflect the fair value of the In response to comments that the The Department received and merchandise.’’ See section 771(18) of methodological change does not carefully considered seventeen the Act. As a result, when the consider other cost elements that are comments on the Proposed Department evaluates whether a tax is presumed to be reflected in a price from Methodology. Summaries of the included in the price of an NME export a market economy country, but not from comments, grouped by theme, and the sale, it cannot take into consideration an NME country, we note that the new Department’s responses are provided the same assumptions as those taken methodology does not consider other below. into account when performing a similar elements of cost or price because, type of evaluation for a market economy pursuant to section 773(c)(1)(B) of the Selective Treatment of Internal NME sale, which does operate in accordance Act and consistent with the PRC’s and Tax Transactions with market principles of cost or pricing Vietnam’s Protocols of Accession to the Opponents of the Proposed structures. Accordingly, it is not an World Trade Organization (‘‘WTO’’), the Methodology contend that the issue of price formation (i.e., whether Department can reject internal costs and Department cannot engage in selective the seller considers tax when forming prices in an NME country for use of certain NME transactions for price) because that is a market economy antidumping and countervailing duty dumping margin calculation purposes. concept which is inapplicable by the purposes. What is relevant for margin Those commenters argue that, if there is very definition of an NME. calculation purposes is the net revenue a basis to use internal NME tax Additionally, because these are taxes the company ultimately receives on transactions for antidumping margin affirmatively imposed by the Chinese sales made to its U.S. customers, after calculation purposes, then there is a and Vietnamese governments, we adjusting for taxes, as provided for by basis for using other internal NME presume that they are also collected.1 the statute. transactions as well. Opponents of the The unrefunded VAT or affirmatively change further suggest that the proposal Magnesium Corp also does not consider other cost 1 As stated above, the Department’s Certain commenters argue that the elements that are presumed to be methodological change allows individual Proposed Methodology is inconsistent companies the opportunity to demonstrate that the reflected in a price from a market particular respondent(s) was, in some manner, with the Federal Circuit decision in economy country, but not from an NME exempted from the requirement to pay the export Mag. Corp. III, which sustained the country. tax, duty, or other charge. Department’s rationale for not deducting

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export taxes from U.S. price in the deduction for certain taxes from U.S. Competitiveness of U.S. Manufacturers Russian Magnesium investigation. price. In CFS Paper and PRCBs, the Proponents of the proposed Department found that it could identify Certain parties comment that the methodological change contend that the and take into account a government- Proposed Methodology would deduction for VAT, export tax, and supplied subsidy in certain NME negatively affect the competitiveness of other charges from export price or contexts. Given that a government U.S. manufacturers that rely upon constructed export price is mandatory imposed tax is also a transfer of funds imported raw materials through likely under the plain language of section between the government and a increases in antidumping margins on 772(c)(2)(B) of the Act. Those parties company, we have relied upon CFS merchandise imported from the PRC further note that the Federal Circuit in Paper and PRCBs solely to recognize and Vietnam, thus undermining the Mag. Corp. III found it within the this government-imposed tax. objectives of the National Export Department’s discretion to determine With respect to the CIT decision in Initiative (‘‘NEI’’). To that end, one whether VAT and export taxes should GPX cited by certain parties, the commenter suggested that the Proposed be deducted from USP. To the extent the Department continues to apply the CVD Methodology is inconsistent with the Department’s prior practice had its law to the PRC and Vietnam. In that United States’ position in the WTO origins in the Russian Magnesium regard, the President on March 13, 2012, dispute involving Chinese restrictions investigation, interests favoring the signed into law H.R. 4105, ‘‘To apply on the export of raw materials (China— proposal assert that the current Chinese the countervailing duty provisions of Measures Related to the Exportation of and Vietnamese economies are different the Tariff Act of 1930 to nonmarket Various Raw Materials, WT/DS394) that from the Russian economy of that era in economy countries, and for other PRC export taxes harm U.S. that the Department, having found that purposes.’’ H.R. 4105 amended the Act, manufacturers that consume PRC-origin it can apply the CVD law to the PRC and among other purposes, to confirm that merchandise. In contrast, another Vietnam, is able to identify certain other the Department must apply the CVD law commenter commends the transfers between governments and to subsidized imports from certain methodological change for advancing companies in those countries. countries designated as NMEs under the the objectives of the NEI. Department’s Position: The Federal AD laws. See section 701(f)(1) of the Department’s Position: The Circuit did not find that the Department Act. The Federal Circuit has Department disagrees that the could not apply the relevant statutory acknowledged that H.R. 4105 overturns methodological change undermines the provision in an NME context. It simply its earlier ruling affirming the CIT’s objectives of the NEI. Those objectives agreed with the Department’s stated judgment in GPX. See GPX Int’l Tire focus on facilitating increased U.S. rationale at the time for not doing so, Corp. v. United States, 2012 U.S. App. exports. Moreover, the enforcement of which the Department applied in a LEXIS 9444 (Fed. Cir. May 9, 2012). U.S. trade remedy laws is an explicit context different from the economies of component of the NEI, and toward that the present-day PRC and Vietnam. Allegedly Distortive Elements of the end, tax-neutral dumping margin Given the realities of those two Proposed Methodology calculations, i.e., those based on VAT- economies today, the Department’s Some commenters argue that the and export tax-exclusive U.S. price and understanding of the phrase ‘‘if proposal does not account for how normal values, result in antidumping included in such price’’ in section export taxes and VATs actually operate duties that further level the playing field 772(c)(2)(B) of the Act has evolved for domestic manufacturers and increase accordingly in the manner described in the PRC, thereby resulting in distortions. their potential export competitiveness. above. Thus, the change in methodology For that reason, we disagree that there is the consequence of the inapplicability Department’s Position: It is correct that the proposal does not attempt to is any inconsistency between the of the reasoning of Russian Magnesium Department’s proposal and the United to the PRC and Vietnam today. address every aspect of the PRC’s and/ or Vietnam’s respective export tax and States’ position in the WTO dispute on Application of CVD Law to the PRC and VAT systems. This methodological Chinese export restrictions. Both Vietnam change simply reflects that the statute represent necessary and appropriate Parties opposing the methodological calls for the Department to adjust U.S. responses to the market- and price- change contend that the Department’s price for export taxes, irrespective of distorting effects of export taxes. proposal relies heavily upon the whether they are levied in a market Furthermore, this methodological Department’s analysis in the CFS Paper economy or NME context. Indeed, change is substantively distinct from the CVD investigation, which is at odds subsequent to implementation, the positions and arguments raised by the with the Department’s previous PRC’s and/or Vietnam’s VAT and export United States in the WTO dispute, insistence upon the distinctiveness of tax systems may change. We simply are which were informed by particular the antidumping and CVD regimes as recognizing with this methodological commercial policy concerns related to well as the recent CIT decision in GPX change that the PRC and Vietnam are the availability of raw materials and Int’l Tire Corp. v. United States, 715 F. dissimilar from Soviet-style economies, involved certain WTO rules and Supp. 2d 1337 (Ct. Int’l Trade 2010) which was the context in which we obligations that are not at issue here. As (‘‘GPX’’), that calls into question the adopted the policy not to make the noted above, section 772(c)(2)(B) of the legality of applying the CVD law to the adjustment for VAT and export taxes. Act is a statutory requirement. Given the PRC. As a result, we are planning to apply the changes in our practice with regard to Department’s Position: As discussed relevant statutory provision to the PRC and Vietnam (i.e., the above, the methodological change does merchandise from the PRC and application of the CVD law), we are rely in part upon the Department’s Vietnam. If there is a peculiarity with simply acknowledging that we can now analysis in the CFS Paper investigation. respect to the system or how it is apply section 772(c)(2)(B) of the Act in Whether or not the proposal is at odds applied in a given case, parties are proceedings involving merchandise with any previous insistence upon the encouraged to discuss it, and we will from the PRC and Vietnam to ensure tax distinctiveness of the antidumping duty address those comments on a case-by- neutrality in our dumping margin and CVD regimes, the statute requires a case basis. calculations, and make the adjustments

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that we would otherwise ordinarily Background is designed to: (1) Improve hiring and make under the statute. In accordance with Public Law 99– allow NIST to compete more effectively for high-quality researchers through Implementation 574, the National Bureau of Standards Authorization Act for fiscal year 1987, direct hiring, selective use of higher- The methodological change detailed the Office of Personnel Management entry salaries, and selective use of above will be applied to future (OPM) approved a demonstration recruiting allowances; (2) motivate and administrative NME proceedings project plan, ‘‘Alternative Personnel retain staff through higher pay potential, involving merchandise from the PRC Management System (APMS) at the a pay-for-performance system, more and Vietnam initiated after publication National Institute of Standards and responsive personnel systems, and of this notice. Technology (NIST),’’ and published the selective use of retention allowances; (3) Dated: June 12, 2012. plan in the Federal Register on October strengthen the manager’s role in Paul Piquado, 2, 1987 (52 FR 37082). The published personnel management through delegation of personnel authorities; and Assistant Secretary for Import demonstration project plan was (4) increase the efficiency of personnel Administration. modified twice to clarify certain NIST systems through installation of a [FR Doc. 2012–14964 Filed 6–18–12; 8:45 am] authorities (54 FR 21331 of May 17, simpler and more flexible classification BILLING CODE 3510–DS–P 1989, and 55 FR 39220 of September 25, system based on pay banding through 1990). The project plan and subsequent reduction of guidelines, steps, and amendments were consolidated in the paperwork in classification, hiring, and DEPARTMENT OF COMMERCE final APMS plan, which became other personnel systems, and through permanent on October 21, 1997 (62 FR automation (52 FR 37082, October 2, National Institute of Standards and 54604). NIST published three 1987). Since implementing the APMS, Technology subsequent amendments to the final NIST is more competitive for talent, and [Docket Number 120531129–2129–01] APMS plan: One on May 6, 2005 (70 FR NIST managers report significantly more 23996), which became effective upon authority to make decisions concerning Alternative Personnel Management publication in the Federal Register; one System (APMS) at the National employee pay. on July 15, 2008 (73 FR 40500), which This amendment seeks to better Institute of Standards and Technology became effective on October 1, 2008; ensure fiscal responsibility and budget and one on July 21, 2009 (74 FR 35841), AGENCY: National Institute of Standards accountability within the pay-for- and Technology, Department of which became effective upon performance component of the APMS. It Commerce. publication in the Federal Register. also seeks to ensure that management NIST also published a correction on July ACTION: Notice of Modifications with has the ability to adequately evaluate its 21, 2009 (74 FR 35843), which became Request for Comment. scientific and engineering professional effective upon publication in the employees for research results, which SUMMARY: This notice changes the Federal Register. may take longer than one year. National Institute of Standards and The final APMS plan, as amended, NIST’s APMS performance rating Technology’s (NIST) Alternative provides for modifications to be made as system is a pay-for-performance system Personnel Management System (APMS) experience is gained, results are in which eligible employees may published October 21, 1997 (62 FR analyzed, and conclusions are reached receive pay increases and bonuses based 54604, 54606), May 6, 2005 (70 FR on how the system is working. This on performance. Pay increases are based 23996), July 15, 2008 (73 FR 40500), and notice formally modifies the APMS plan on an annually determined percentage July 21, 2009 (74 FR 35841 and 74 FR to (1) eliminate the mandatory of the mid-point salary for each pay 35843) to (1) eliminate the required minimum bonus for pay-capped band in a career path and linked bonus for employees at the cap of their employees receiving either a Superior directly to the top four performance pay band who are appraised at the top Contributor or Exceptional Contributor ratings. One of the characteristics of the two rating levels, and (2) solidify the rating of record, and (2) to solidify the NIST APMS performance management three-year probationary period, a three-year probationary period, a feature system is a required bonus for high- hallmark of the original NIST of the original demonstration project performing employees who cannot demonstration project and later APMS. and subsequent Alternative Personnel receive a pay increase because they are DATES: This notice is effective on June Management System, for employees in at the top of their pay band. 19, 2012. Comments will be accepted the Scientific and Engineering career Specifically, salary-capped employees until 5:00 p.m. Eastern Time on July 19, path hired into the Excepted and receiving a Superior Contributor or 2012. Competitive Service. Comments will be Exceptional Contributor rating must considered and any changes deemed receive a bonus at least equivalent to the ADDRESSES: Send or deliver comments necessary will be made. to Amy K. Cubert, Supervisory Human salary increase that they would have received if their salaries were not Resources Specialist, National Institute Dated: June 13, 2012. capped. of Standards and Technology, Building David Robinson, Another feature of NIST’s APMS is an 101, Room A–123, 100 Bureau Drive Associate Director for Management extended probationary period of up to Resources. Mail Stop 1720, Gaithersburg, MD three years for employees in the 20899–1720, Fax: (301) 948–6107 or Table of Contents Scientific and Engineering career path email comments to (classified as ‘‘ZP’’). The extended [email protected]. I. Executive Summary II. Basis for APMS Plan Modification probationary period was an original FOR FURTHER INFORMATION CONTACT: For III. Changes to the APMS Plan component of the NIST Demonstration questions or comments, please contact Project and later in the APMS. The Amy K. Cubert at the National Institute I. Executive Summary purpose of the extended probationary of Standards and Technology, (301) The National Institute of Standards period was to allow more time to assess 975–3006. and Technology’s (NIST) Alternative scientific and engineering professionals SUPPLEMENTARY INFORMATION: Personnel Management System (APMS) because research results can often be

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