81 FR 2844 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Review and Amended Final Results of the Antidumping Duty Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 11 (January 19, 2016)
International Trade Administration
Federal Register Volume 81, Issue 11 (January 19, 2016)
| Page Range | 2844-2845 | |
| FR Document | 2016-00923 |
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)] [Notices] [Pages 2844-2845] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00923] ----------------------------------------------------------------------- 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 the Final Results of Review and Amended Final Results of the Antidumping Duty Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On September 23, 2015, the United States Court of International Trade (Court) sustained our final remand redetermination pertaining to the administrative review of the antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China covering the period January 23, 2009, through October 31, 2010.\1\ 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) (Diamond Sawblades), the Department of Commerce (the Department) is notifying the public that the Court's final judgment in this case is not in harmony with the AR1 Final Results \2\ and that the Department is amending the AR1 Final Results with respect to the ATM Single Entity \3\ and the PRC-wide entity. --------------------------------------------------------------------------- \1\ See Final Results of Redetermination pursuant to Diamond Sawblades Manufacturers' Coalition v. United States, Court No. 13- 00078, slip op. 14-50 (Ct. Int'l Trade April 29, 2014), dated April 10, 2015, and available at http://enforcement.trade.gov/remands/14-50.pdf (AR1 Remand), aff'd, Diamond Sawblades Manufacturers' Coalition v. United States, Court No. 13-00078, slip op. 15-105 (Ct. Int'l Trade September 23, 2015). \2\ See Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2009-2010, 78 FR 11143 (February 15, 2013) (AR1 Final Results). \3\ The ATM Single Entity includes Advanced Technology & Materials Co., Ltd., Beijing Gang Yan Diamond Products Co., HXF Saw Co., Ltd., AT&M International Trading Co., Ltd., and Cliff International Ltd. See AR1 Final Results, 78 FR at 11144-45 n.9. --------------------------------------------------------------------------- DATES: Effective Date: October 3, 2015. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-5760 or (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On February 15, 2013, the Department published the AR1 Final Results. The Diamond Sawblades Manufacturers' Coalition challenged the Department's decisions to grant the ATM Single Entity a separate rate and to not collapse the state-owned enterprise, China Iron & Steel Research Institute, within the ATM Single Entity.\4\ The Department requested a voluntary remand to reconsider the separate rate eligibility for the ATM Single Entity in this review and the Court granted the Department's request.\5\ On remand, the Department determined that the ATM Single Entity was ineligible for a separate rate and also revised the PRC-wide rate.\6\ On September 23, 2015, the Court entered judgment sustaining the final remand redetermination for this review in its entirety.\7\ --------------------------------------------------------------------------- \4\ See Diamond Sawblades Manufacturers' Coalition v. United States, Court No. 13-00078, slip op. 14-50 (Ct. Int'l Trade April 29, 2014). \5\ Id. \6\ See AR1 Remand. \7\ See Diamond Sawblades Manufacturers' Coalition v. United States, Court No. 13-00078, slip op. 15-105 (Ct. Int'l Trade Sept. 23, 2015). --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 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 [[Page 2845]] 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 final judgment affirming the final remand redetermination constitutes the Court's final decision which is not in harmony with the AR1 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 a final and conclusive court decision. Amended Final Results of Review Because there is now a final court decision, the Department is amending the AR1 Final Results with respect to the PRC-wide entity, which includes the ATM Single Entity, as follows: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ PRC-Wide Entity (which includes the ATM Single Entity).... 82.12 ------------------------------------------------------------------------ In the event the Court's ruling is upheld by a final and conclusive court decision, the Department will instruct the U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise based on the revised rate the Department determined and listed above. Cash Deposit Requirements Since the AR1 Remand, the Department has established a new cash deposit rate for the PRC-wide entity, which includes the ATM Single Entity.\8\ Therefore, the cash deposit rate for the PRC-wide entity does not need to be updated as a result of these amended final results. --------------------------------------------------------------------------- \8\ See Diamond Sawblades and Parts Thereof From the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 32344 (June 8, 2015). --------------------------------------------------------------------------- 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: January 12, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-00923 Filed 1-15-16; 8:45 am] BILLING CODE 3510-DS-P
![2844 Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices
chosen methodology.4 On remand, the merchandise based on the revised rate Coalition v. United States, 626 F.3d
Department (1) denied the ATM Single the Department determined and listed 1374 (Fed. Cir. 2010) (Diamond
Entity a separate rate and revised the above. Sawblades), the Department of
PRC-wide rate; (2) explained that the Commerce (the Department) is notifying
Cash Deposit Requirements
Department’s practice is to require the public that the Court’s final
targeted dumping allegations before the Since the AR2 Remand, the judgment in this case is not in harmony
preliminary results and, because DSMC Department has established a new cash with the AR1 Final Results 2 and that
filed the targeted dumping allegation deposit rate for the PRC-wide entity, the Department is amending the AR1
after the preliminary results, the which includes the ATM Single Entity.7 Final Results with respect to the ATM
targeted dumping allegation in this Therefore, the cash deposit rate for the Single Entity 3 and the PRC-wide entity.
review was untimely; and (3) explained PRC-wide entity does not need to be DATES: Effective Date: October 3, 2015.
the Department’s methodology for updated as a result of these amended
FOR FURTHER INFORMATION CONTACT:
valuing Weihai’s steel cores.5 On final results.
Yang Jin Chun or Minoo Hatten, AD/
October 21, 2015, the Court upheld our Notification to Interested Parties CVD Operations, Office I, Enforcement
final remand redetermination for this and Compliance, International Trade
review in its entirety.6 This notice is issued and published in
accordance with sections 516A(e)(1), Administration, U.S. Department of
Timken Notice 751(a)(1), and 777(i)(1) of the Act. Commerce, 14th Street and Constitution
In its decision in Timken, as clarified Avenue NW, Washington, DC 20230;
Dated: January 12, 2016.
by Diamond Sawblades, the CAFC held telephone (202) 482–5760 or (202) 482–
Paul Piquado, 1690, respectively.
that, pursuant to section 516A(e) of the Assistant Secretary for Enforcement and
Tariff Act of 1930, as amended (the Act), SUPPLEMENTARY INFORMATION:
Compliance.
the Department must publish a notice of [FR Doc. 2016–00917 Filed 1–15–16; 8:45 am] Background
a court decision that is not ‘‘in BILLING CODE 3510–DS–P
harmony’’ with a Department On February 15, 2013, the Department
determination and must suspend published the AR1 Final Results. The
liquidation of entries pending a Diamond Sawblades Manufacturers’
DEPARTMENT OF COMMERCE Coalition challenged the Department’s
‘‘conclusive’’ court decision. The
Court’s final judgment affirming the International Trade Administration decisions to grant the ATM Single
final remand redetermination Entity a separate rate and to not collapse
[A–570–900] the state-owned enterprise, China Iron &
constitutes the Court’s final decision
which is not in harmony with the AR2 Steel Research Institute, within the
Diamond Sawblades and Parts Thereof ATM Single Entity.4 The Department
Final Results. This notice is published From the People’s Republic of China:
in fulfillment of the publication requested a voluntary remand to
Notice of Court Decision Not in reconsider the separate rate eligibility
requirements of Timken. Accordingly, Harmony With the Final Results of
the Department will continue the for the ATM Single Entity in this review
Review and Amended Final Results of and the Court granted the Department’s
suspension of liquidation of the subject the Antidumping Duty Administrative
merchandise pending a final and request.5 On remand, the Department
Review determined that the ATM Single Entity
conclusive court decision.
AGENCY: Enforcement and Compliance, was ineligible for a separate rate and
Amended Final Results of Review International Trade Administration, also revised the PRC-wide rate.6 On
Because there is now a final court Commerce. September 23, 2015, the Court entered
decision, the Department is amending SUMMARY: On September 23, 2015, the judgment sustaining the final remand
the AR2 Final Results with respect to United States Court of International redetermination for this review in its
the PRC-wide entity, which includes the Trade (Court) sustained our final entirety.7
ATM Single Entity, as follows: remand redetermination pertaining to
Timken Notice
the administrative review of the
Weighted- antidumping duty order on diamond In its decision in Timken, as clarified
average sawblades and parts thereof from the by Diamond Sawblades, the CAFC held
Exporter dumping People’s Republic of China covering the that, pursuant to section 516A(e) of the
margin
(percent) period January 23, 2009, through Tariff Act of 1930, as amended (the Act),
October 31, 2010.1 Consistent with the the Department must publish a notice of
PRC-Wide Entity (which in- decision of the United States Court of
2 See Diamond Sawblades and Parts Thereof
cludes the ATM Single Enti- Appeals for the Federal Circuit (CAFC)
ty) .......................................... 82.05 From the People’s Republic of China: Final Results
in Timken Co. v. United States, 893 F.2d of Antidumping Duty Administrative Review; 2009–
337 (Fed. Cir. 1990) (Timken), as 2010, 78 FR 11143 (February 15, 2013) (AR1 Final
In the event the Court’s ruling is clarified by Diamond Sawblades Mfrs. Results).
upheld by a final and conclusive court 3 The ATM Single Entity includes Advanced
decision, the Department will instruct 7 See Diamond Sawblades and Parts Thereof Technology & Materials Co., Ltd., Beijing Gang Yan
the U.S. Customs and Border Protection From the People’s Republic of China; Final Results Diamond Products Co., HXF Saw Co., Ltd., AT&M
International Trading Co., Ltd., and Cliff
to assess antidumping duties on of Antidumping Duty Administrative Review; 2012–
asabaliauskas on DSK5VPTVN1PROD with NOTICES
2013, 80 FR 32344 (June 8, 2015). International Ltd. See AR1 Final Results, 78 FR at
unliquidated entries of subject 1 See Final Results of Redetermination pursuant 11144–45 n.9.
4 See Diamond Sawblades Manufacturers’
to Diamond Sawblades Manufacturers’ Coalition v.
4 See Diamond Sawblades Manufacturers
United States, Court No. 13–00078, slip op. 14–50 Coalition v. United States, Court No. 13–00078, slip
Coalition v. United States, Court No. 13–00241, slip (Ct. Int’l Trade April 29, 2014), dated April 10, op. 14–50 (Ct. Int’l Trade April 29, 2014).
op. 14–112 (Ct. Int’l Trade Sept. 23, 2014). 2015, and available at http://enforcement.trade.gov/
5 Id.
5 See AR2 Remand. 6 See AR1 Remand.
remands/14–50.pdf (AR1 Remand), aff’d, Diamond
6 See Diamond Sawblades Manufacturers’ Sawblades Manufacturers’ Coalition v. United 7 See Diamond Sawblades Manufacturers’
Coalition v. United States, Court No. 13–00241, slip States, Court No. 13–00078, slip op. 15–105 (Ct. Coalition v. United States, Court No. 13–00078, slip
op. 15–116 (Ct. Int’l Trade Oct. 21, 2015). Int’l Trade September 23, 2015). op. 15–105 (Ct. Int’l Trade Sept. 23, 2015).
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![Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices 2845
a court decision that is not ‘‘in DEPARTMENT OF COMMERCE administrative review on 44
harmony’’ with a Department companies.5
determination and must suspend International Trade Administration
Partial Rescission
liquidation of entries pending a
‘‘conclusive’’ court decision. The [A–570–918] Pursuant to 19 CFR 351.213(d)(1), the
Court’s final judgment affirming the Secretary will rescind an administrative
final remand redetermination Steel Wire Garment Hangers From the review, in whole or in part, if a party
constitutes the Court’s final decision People’s Republic of China; 2014– who requested the review withdraws
which is not in harmony with the AR1 2015; Partial Rescission of the Seventh the request within 90 days of the date
Final Results. This notice is published Antidumping Duty Administrative of publication of notice of initiation of
in fulfillment of the publication Review the requested review. All requests for
requirements of Timken. Accordingly, administrative reviews on the 44
AGENCY: Enforcement and Compliance, companies listed in the Appendix were
the Department will continue the
International Trade Administration, withdrawn.6 Accordingly, we are
suspension of liquidation of the subject
Department of Commerce. rescinding this review, in part, with
merchandise pending a final and
SUMMARY: On December 3, 2015, the respect to these entities, in accordance
conclusive court decision.
Department of Commerce with 19 CFR 351.213(d)(1).
Amended Final Results of Review (‘‘Department’’) published a notice of This administrative review will
initiation of an administrative review of continue with respect to Shanghai Wells
Because there is now a final court the antidumping duty order on steel Hanger Co., Ltd. and Hong Kong Wells
decision, the Department is amending wire garment hangers from the People’s Ltd.
the AR1 Final Results with respect to Republic of China (‘‘PRC’’). Based on
the PRC-wide entity, which includes the Assessment
M&B Metal Products Co., Ltd.’s
ATM Single Entity, as follows: (‘‘Petitioner’’) timely withdrawal of the The Department will instruct U.S.
requests for review of certain Customs and Border Protection (‘‘CBP’’)
Weighted- to assess antidumping duties on all
average companies, we are now rescinding this
Exporter dumping administrative review with respect to 44 appropriate entries. For the companies
margin companies. for which this review is rescinded,
(percent) antidumping duties shall be assessed at
DATES: Effective January 19, 2016.
rates equal to the cash deposit of
PRC-Wide Entity (which in- FOR FURTHER INFORMATION CONTACT:
estimated antidumping duties required
cludes the ATM Single Enti- Jessica Weeks, AD/CVD Operations, at the time of entry, or withdrawal from
ty) .......................................... 82.12 Office V, Enforcement and Compliance, warehouse, for consumption, in
International Trade Administration, accordance with 19 CFR
In the event the Court’s ruling is U.S. Department of Commerce, 14th 351.212(c)(1)(i). The Department
upheld by a final and conclusive court Street and Constitution Avenue NW., intends to issue appropriate assessment
decision, the Department will instruct Washington, DC 20230; telephone (202) instructions directly to CBP 15 days
the U.S. Customs and Border Protection 482–4877. after publication of this notice.
to assess antidumping duties on
Background Notification to Importers
unliquidated entries of subject
merchandise based on the revised rate On October 1, 2015, the Department This notice serves as the only
the Department determined and listed published a notice of ‘‘Opportunity to reminder to importers for whom this
above. Request Administrative Review’’ of the review is being rescinded, as of the
antidumping order on steel wire publication date of this notice, of their
Cash Deposit Requirements garment hangers from the PRC.1 In responsibility under 19 CFR
Since the AR1 Remand, the November 2015, the Department 351.402(f)(2) to file a certificate
Department has established a new cash received multiple timely requests to regarding the reimbursement of
deposit rate for the PRC-wide entity, conduct an administrative review of the antidumping duties prior to liquidation
which includes the ATM Single Entity.8 antidumping duty order on steel wire of the relevant entries during this
Therefore, the cash deposit rate for the garment hangers from the PRC.2 Based review period. Failure to comply with
PRC-wide entity does not need to be upon these requests, on December 3, this requirement could result in the
updated as a result of these amended 2015, the Department published a notice Secretary’s presumption that
final results. of initiation of an administrative review reimbursement of the antidumping
of the Order covering the period October duties occurred and the subsequent
Notification to Interested Parties 1, 2014, to September 30, 2015.3 The assessment of double antidumping
This notice is issued and published in Department initiated the administrative duties.
accordance with sections 516A(e)(1), review with respect to 46 companies.4
751(a)(1), and 777(i)(1) of the Act. On December 16, 2015, Petitioner 5 See Letter to the Secretary of Commerce from
withdrew its request for an Petitioner ‘‘Seventh Administrative Review of Steel
Dated: January 12, 2016. Wire Garment Hangers from China—Petitioner’s
Paul Piquado, Withdrawal of Review Request’’ (December 16,
1 See Antidumping or Countervailing Duty Order,
2015).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Assistant Secretary for Enforcement and Finding, or Suspended Investigation; Opportunity 6 As stated in Change in Practice in NME Reviews,
Compliance. To Request Administrative Review, 80 FR 59135 the Department will no longer consider the non-
[FR Doc. 2016–00923 Filed 1–15–16; 8:45 am] (October 1, 2015). market economy (‘‘NME’’) entity as an exporter
2 See Notice of Antidumping Duty Order: Steel
BILLING CODE 3510–DS–P conditionally subject to administrative reviews. See
Wire Garment Hangers From the People’s Republic Antidumping Proceedings: Announcement of
of China, 73 FR 58111 (October 6, 2008) (‘‘Order’’). Change in Department Practice for Respondent
8 See Diamond Sawblades and Parts Thereof 3 See Initiation of Antidumping and
Selection in Antidumping Duty Proceedings and
From the People’s Republic of China; Final Results Countervailing Duty Administrative Reviews, 80 FR Conditional Review of the Nonmarket Economy
of Antidumping Duty Administrative Review; 2012– 75657 (December 3, 2015). Entity in NME Antidumping Duty Proceedings, 78
2013, 80 FR 32344 (June 8, 2015). 4 Id. FR 65963 (November 4, 2013).
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Document Created: 2016-01-16 01:10:27
Document Modified: 2016-01-16 01:10:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Yang Jin Chun or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-5760 or (202) 482-1690, respectively. | |
| FR Citation | 81 FR 2844 |
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