81_FR_44718 81 FR 44587 - Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2006-2007

81 FR 44587 - Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2006-2007

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 131 (July 8, 2016)

Page Range44587-44588
FR Document2016-16253

On April 28, 2016, the United States Court of International Trade (the CIT or the Court) issued final judgment in Since Hardware (Guangzhou) Co., Ltd., v. United States, Court No. 09-00123, sustaining the Department of Commerce's (the Department) final results of the fourth redetermination pursuant to remand.\1\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) 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 is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the antidumping duty administrative review of floor-standing, metal-top ironing tables and certain parts thereof from the People's Republic of China covering the period August 1, 2006, through July 31, 2007, and is amending the final results with respect to the weighted-average dumping margin assigned to Since Hardware (Guangzhou) Co., Ltd. (Since Hardware).\2\ ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 131 (Friday, July 8, 2016)
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44587-44588]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16253]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-888]


Floor-Standing, Metal-Top Ironing Tables and Certain Parts 
Thereof From the People's Republic of China: Notice of Court Decision 
Not in Harmony With Final Results and Notice of Amended Final Results 
of the Antidumping Duty Administrative Review; 2006-2007

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 28, 2016, the United States Court of International 
Trade (the CIT or the Court) issued final judgment in Since Hardware 
(Guangzhou) Co., Ltd., v. United States, Court No. 09-00123, sustaining 
the Department of Commerce's (the Department) final results of the 
fourth redetermination pursuant to remand.\1\ Consistent with the 
decision of the United States Court of Appeals for the Federal Circuit 
(Federal Circuit) 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 is notifying the public that the final judgment in this 
case is not in harmony with the Department's final results of the 
antidumping duty administrative review of floor-standing, metal-top 
ironing tables and certain parts thereof from the People's Republic of 
China covering the period August 1, 2006, through July 31, 2007, and is 
amending the final results with respect to the weighted-average dumping 
margin assigned to Since Hardware (Guangzhou) Co., Ltd. (Since 
Hardware).\2\
---------------------------------------------------------------------------

    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Floor-Standing Metal-Top Ironing Tables and Certain Parts 
Thereof from the People's Republic of China, Since Hardware 
(Guangzhou) Co., Ltd. v. United States, Court No. 09-00123, Slip Op. 
15-15 (CIT February 18, 2015), dated June 18, 2015 (Fourth 
Redetermination), available at http://enforcement.trade.gov/remands/index.htm.
    \2\ See Floor-Standing Metal-Top Ironing Tables and Certain 
Parts Thereof From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 74 FR 11085 (March 16, 
2009), and accompanying Issues and Decision Memorandum (Final 
Results).

---------------------------------------------------------------------------
DATES: Effective Date: May 8, 2016.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 16, 2009, the Department published its Final Results.\3\ 
On March 18, 2009, Since Hardware, an exporter of the subject 
merchandise, timely filed a complaint with the CIT to challenge certain 
aspects of the Final Results. The litigation history of this procedure 
is outlined below.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    On September 27, 2010, the Court remanded this matter.\4\ On 
February 17, 2011, the Department issued its First Redetermination, in 
which it declined to issue a separate rate to Since Hardware and 
continued to assign Since

[[Page 44588]]

Hardware an AFA rate of 157.68 percent.\5\
---------------------------------------------------------------------------

    \4\ Since Hardware (Guangzhou) Co., Ltd. v. United States, Court 
No. 09-00123, Slip. Op. 10-108 (September 27, 2010) (Since Hardware 
I).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts 
Thereof from the People's Republic of China Since Hardware 
(Guangzhou) Co., Ltd.. United States, dated February 17, 2011 (First 
Redetermination).
---------------------------------------------------------------------------

    Upon consideration of the First Redetermination, on November 29, 
2011, the Court determined that the Department failed to consider 
record information relating to Since Hardware's application for a 
separate rate.\6\ In Since Hardware II, the Court directed the 
Department to determine whether Since Hardware was entitled to a 
separate rate and, if so, to determine that rate.\7\ On May 29, 2012, 
the Department issued its Second Redetermination, in which it 
determined that Since Hardware was entitled to a separate rate.\8\ 
However, because Since Hardware's questionnaire responses had otherwise 
been determined to be unreliable, the Department continued to assign an 
AFA rate of 157.68 percent to Since Hardware.\9\ In the Second 
Redetermination, the Department also reviewed data from U.S. Customs 
and Border Protection (CBP), and determined that these CBP data 
established that selected importers paid antidumping duties of 157.68 
percent.\10\ Based on this finding, the Department concluded the 157.68 
percent rate was relevant with regard to Since Hardware.
---------------------------------------------------------------------------

    \6\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 09-00123, Slip Op. 11-146 (November 29, 2011) (Since 
Hardware II).
    \7\ Id.
    \8\ See Final Results of Redetermination Pursuant to Court 
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts 
Thereof from the People's Republic of China Since Hardware 
(Guangzhou) Co., Ltd. v. United States, dated May 29, 2012 (Second 
Redetermination).
    \9\ Id.
    \10\ Id.
---------------------------------------------------------------------------

    On May 31, 2013, in Since Hardware III, the Court sustained the 
Department's determination not to reopen the record of the 
proceeding.\11\ The Court also determined that the 157.68 percent rate 
was reliable.\12\ However, the Court found the Department did not 
demonstrate the relevance and commercial reality of the 157.68 percent 
AFA rate. On October 31, 2013, the Department issued its Third 
Redetermination, determining that the 157.68 percent rate assigned to 
Since Hardware was corroborated to the extent practicable by the use of 
CBP data.\13\
---------------------------------------------------------------------------

    \11\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No., 09-00123, Slip Op. 13-71 (May 31, 2013) (Since Hardware 
III).
    \12\ Id.
    \13\ See Final Results of Redetermination Pursuant to Court 
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts 
Thereof from the People's Republic of China Since Hardware 
(Guangzhou) Co., Ltd. v. United States, dated October 31, 2013 
(Third Redetermination).
---------------------------------------------------------------------------

    On February 18, 2015, in Since Hardware IV, the Court rejected the 
analysis concerning corroboration of the 157.68 percent rate assigned 
to Since Hardware, as outlined in the Third Redetermination.\14\ The 
Court ordered the Department to support the rate assigned to Since 
Hardware by demonstrating that the information had some grounding in 
commercial reality.\15\ The Court further determined that the 
Department's analysis of the Customs data set forth in the Third 
Redetermination was insufficient to corroborate the 157.68 percent AFA 
rate assigned to Since Hardware.\16\ On June 18, 2015, the Department 
issued its Fourth Redetermination. In the Fourth Redetermination, the 
Department, under protest, assigned a revised AFA rate of 72.29 percent 
to Since Hardware to better address the Court's concerns of relevance 
and commercial reality.\17\ This 72.29 percent rate was the rate 
assigned to Separate Rate companies in the less-than-fair value 
investigation.\18\
---------------------------------------------------------------------------

    \14\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Slip Op. 15-15, Court No. 09-00123 (February 18, 2015) (Since 
Hardware IV).
    \15\ Id.
    \16\ Id., at 8-20.
    \17\ See Fourth Redetermination.
    \18\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Floor Standing Metal-Top 
Ironing Tables and Certain Parts Thereof From the People's Republic 
of China 69 FR 47868 (August 6, 2004).
---------------------------------------------------------------------------

    On April 28, 2016, the Court sustained the Department's Fourth 
Redetermination, and entered final judgment.\19\
---------------------------------------------------------------------------

    \19\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 09-00123, Slip Op. 16-42 (April 28, 2016).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the Federal Circuit has held that, pursuant to section 
516A(e) of the Tariff Act of 1930, as amended (the Act), the Department 
must publish a notice of a court decision not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The Court's April 28, 2016 
judgment sustaining the Fourth Redetermination constitutes a final 
decision of the Court that is not in harmony with the Department's 
Final Results. This notice is published in fulfillment of the 
publication requirement 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.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Final Results with respect to the dumping margin of Since 
Hardware. The revised weighted-average dumping margin for Since 
Hardware during the period August 1, 2006, through July 31, 2007, is as 
follows:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Since Hardware (Guangzhou) Co., Ltd........................       72.29
------------------------------------------------------------------------

    For Since Hardware, the cash deposit rate will remain the rate 
established in the 2008-2009 Amended Final Results, a subsequent 
review, which is 83.83 percent.\20\
---------------------------------------------------------------------------

    \20\ See Floor Standing Metal-Top Ironing Tables and Certain 
Parts Thereof From the People's Republic of China: Notice of Court 
Decision Not in Harmony with Final Results and Notice of Amended 
Final Results of Antidumping Duty Administrative Review; 2008-2009, 
80 FR 36507, (June 25, 2015) (2008-2009 Amended Final Results).
---------------------------------------------------------------------------

    In the event the Court's ruling is not appealed, or if appealed and 
upheld by the Federal Circuit, the Department will instruct CBP to 
assess antidumping duties on entries of the subject merchandise 
exported by Since Hardware using the revised assessment rate calculated 
by the Department in the Fourth Redetermination.
    This notice is issued and published in accordance with sections 
516(A)(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: June 30, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2016-16253 Filed 7-7-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                      Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices                                                   44587

                                                    (36 CFR chapter XII, subchapter B—                         Privacy Act Officer, NMFS Alaska                    Commerce’s (the Department) final
                                                    Records Management); Departmental                        Region, P.O. Box 21668, Juneau, Alaska                results of the fourth redetermination
                                                    directives and comprehensive records                     99802, or delivered to the Federal                    pursuant to remand.1 Consistent with
                                                    schedules; NOAA Administrative Order                     Building, 709 West 9th Street, Juneau,                the decision of the United States Court
                                                    205–01; and the NMFS Records                             Alaska, 99802–1668.                                   of Appeals for the Federal Circuit
                                                    Disposition Schedule, Chapter 1500.                        Written requests must be signed by                  (Federal Circuit) in Timken Co., v
                                                                                                             the requesting individual. Requestor                  United States, 893 F.2d 337 (Fed. Cir.
                                                    SYSTEM MANAGER(S) AND ADDRESS:
                                                                                                             must make the request in writing and                  1990) (Timken), as clarified by Diamond
                                                       For records at location a.: Office of                 provide his/her name, address, and date               Sawblades Mfrs. Coalition v. United
                                                    Protected Resources, NMFS                                of the request and record sought. All                 States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                    Headquarters, 1315 East-West Highway,                    such requests must comply with the                    (Diamond Sawblades), the Department
                                                    Silver Spring, MD 20910.                                 inquiry provisions of the Department’s                is notifying the public that the final
                                                       For records at location b.: Office of                 Privacy Act rules which appear at 15                  judgment in this case is not in harmony
                                                    Protected Resources, NMFS Greater                        CFR part 4, appendix A.                               with the Department’s final results of
                                                    Atlantic Regional Fisheries Office, 55
                                                                                                                                                                   the antidumping duty administrative
                                                    Great Republic Drive, Gloucester, MA                     RECORD ACCESS PROCEDURES:
                                                                                                                                                                   review of floor-standing, metal-top
                                                    01930–2276.                                                Requests for access to records
                                                       For records at location c.: Office of                                                                       ironing tables and certain parts thereof
                                                                                                             maintained in this system of records                  from the People’s Republic of China
                                                    Protected Resources, NMFS Southeast                      should be addressed to the same address
                                                    Region, 263 13th Avenue South, St.                                                                             covering the period August 1, 2006,
                                                                                                             given in the Notification Procedure                   through July 31, 2007, and is amending
                                                    Petersburg, FL 33701.                                    section. Note: Complete records for
                                                       For records at location d.: Office of                                                                       the final results with respect to the
                                                                                                             jointly-owned permits are made                        weighted-average dumping margin
                                                    Protected Resources, West Coast Region,                  accessible to each owner upon his/her
                                                    Sustainable Fisheries Division, 7600                                                                           assigned to Since Hardware
                                                                                                             request.                                              (Guangzhou) Co., Ltd. (Since
                                                    Sand Point Way NE., Bldg. #1, Seattle,
                                                    WA 98115.                                                CONTESTING RECORDS PROCEDURES:                        Hardware).2
                                                       For records at locations e and f.:                      The Department’s rules for access, for              DATES: Effective Date: May 8, 2016.
                                                    Office of Protected Resources, NMFS                      contesting contents, and appealing                    FOR FURTHER INFORMATION CONTACT:
                                                    West Coast Region, 501 West Ocean                        initial determinations by the individual              Michael J. Heaney or Robert James, AD/
                                                    Boulevard, Suite 4200, Long Beach, CA                    concerned are provided for in 15 CFR                  CVD Operations, Office VI, Enforcement
                                                    90802.                                                   part 4, appendix A.                                   and Compliance, International Trade
                                                       For records at location g.: Office of                                                                       Administration, U.S. Department of
                                                    Protected Resources, NMFS, Pacific                       RECORD SOURCE CATEGORIES:                             Commerce, 14th Street and Constitution
                                                    Islands Region, Ford Island Honolulu at                    Information in this system will be                  Avenue NW., Washington, DC 20230;
                                                    1845 Wasp Blvd., Building 176,                           collected from individuals or entities                telephone: (202) 482–4475 or (202) 482–
                                                    Honolulu, HI 96818.                                      applying for a permit or authorization.               0649, respectively.
                                                       For records at location h.: Office of                                                                       SUPPLEMENTARY INFORMATION:
                                                    Protected Resources, NMFS Alaska                         EXEMPTIONS CLAIMED FOR THE SYSTEM:

                                                    Region, 709 West Ninth Street, Juneau,                        None.                                            Background
                                                    AK 99802–1668.                                             Dated: July 5, 2016.                                   On March 16, 2009, the Department
                                                    NOTIFICATION PROCEDURE:                                  Michael J. Toland,                                    published its Final Results.3 On March
                                                       Individuals seeking to determine                      Department of Commerce, Freedom of                    18, 2009, Since Hardware, an exporter
                                                    whether information about them is                        Information/Privacy Act Officer.                      of the subject merchandise, timely filed
                                                    contained in this system should address                  [FR Doc. 2016–16170 Filed 7–7–16; 8:45 am]            a complaint with the CIT to challenge
                                                    written inquiries to the national or                     BILLING CODE 3510–22–P                                certain aspects of the Final Results. The
                                                    regional Privacy Act Officer:                                                                                  litigation history of this procedure is
                                                       Privacy Act Officer, NOAA, 1315                                                                             outlined below.
                                                    East-West Highway, Room 9719, Silver                     DEPARTMENT OF COMMERCE                                   On September 27, 2010, the Court
                                                    Spring, MD 20910.                                                                                              remanded this matter.4 On February 17,
                                                       Privacy Act Officer, NMFS, 1315 East-                 International Trade Administration                    2011, the Department issued its First
                                                    West Highway, Room 13706, Silver                         [A–570–888]                                           Redetermination, in which it declined
                                                    Spring, MD 20910.                                                                                              to issue a separate rate to Since
                                                       Privacy Act Officer, Greater Atlantic                 Floor-Standing, Metal-Top Ironing                     Hardware and continued to assign Since
                                                    Regional Fisheries Office, 55 Great                      Tables and Certain Parts Thereof From
                                                                                                                                                                     1 See Final Results of Redetermination Pursuant
                                                    Republic Drive, Gloucester, MA 01930–                    the People’s Republic of China: Notice
                                                                                                             of Court Decision Not in Harmony With                 to Court Remand, Floor-Standing Metal-Top Ironing
                                                    2276.                                                                                                          Tables and Certain Parts Thereof from the People’s
                                                       Privacy Act Officer, NMFS Southeast                   Final Results and Notice of Amended                   Republic of China, Since Hardware (Guangzhou)
                                                    Region, 263 13th Avenue South, St.                       Final Results of the Antidumping Duty                 Co., Ltd. v. United States, Court No. 09–00123, Slip
                                                    Petersburg, FL 33701.                                    Administrative Review; 2006–2007                      Op. 15–15 (CIT February 18, 2015), dated June 18,
                                                       Privacy Act Officer, NMFS West Coast                                                                        2015 (Fourth Redetermination), available at http://
                                                                                                             AGENCY:   Enforcement and Compliance,                 enforcement.trade.gov/remands/index.htm.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Region, 7600 Sand Point Way NE., Bldg.                                                                           2 See Floor-Standing Metal-Top Ironing Tables
                                                    #1, Seattle, WA 98115.                                   International Trade Administration,
                                                                                                                                                                   and Certain Parts Thereof From the People’s
                                                       Privacy Act Officer, NMFS West Coast                  Department of Commerce.                               Republic of China: Final Results of Antidumping
                                                    Region, 501 West Ocean Boulevard,                        SUMMARY: On April 28, 2016, the United                Duty Administrative Review, 74 FR 11085 (March
                                                    Suite 4200, Long Beach, CA 90802.                        States Court of International Trade (the              16, 2009), and accompanying Issues and Decision
                                                                                                                                                                   Memorandum (Final Results).
                                                       Privacy Act Officer, NMFS Pacific                     CIT or the Court) issued final judgment                 3 Id.
                                                    Islands Region, Ford Island Honolulu at                  in Since Hardware (Guangzhou) Co.,                      4 Since Hardware (Guangzhou) Co., Ltd. v. United
                                                    1845 Wasp Blvd., Building 176,                           Ltd., v. United States, Court No. 09–                 States, Court No. 09–00123, Slip. Op. 10–108
                                                    Honolulu, HI 96818.                                      00123, sustaining the Department of                   (September 27, 2010) (Since Hardware I).



                                               VerDate Sep<11>2014   17:00 Jul 07, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\08JYN1.SGM   08JYN1


                                                    44588                             Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices

                                                    Hardware an AFA rate of 157.68                             On February 18, 2015, in Since                      appealed, pending a final and
                                                    percent.5                                                Hardware IV, the Court rejected the                   conclusive court decision.
                                                       Upon consideration of the First                       analysis concerning corroboration of the
                                                    Redetermination, on November 29,                                                                               Amended Final Results
                                                                                                             157.68 percent rate assigned to Since
                                                    2011, the Court determined that the                      Hardware, as outlined in the Third                      Because there is now a final court
                                                    Department failed to consider record                     Redetermination.14 The Court ordered                  decision, the Department is amending
                                                    information relating to Since                            the Department to support the rate                    the Final Results with respect to the
                                                    Hardware’s application for a separate                    assigned to Since Hardware by                         dumping margin of Since Hardware.
                                                    rate.6 In Since Hardware II, the Court                   demonstrating that the information had                The revised weighted-average dumping
                                                    directed the Department to determine                     some grounding in commercial reality.15               margin for Since Hardware during the
                                                    whether Since Hardware was entitled to                   The Court further determined that the                 period August 1, 2006, through July 31,
                                                    a separate rate and, if so, to determine                 Department’s analysis of the Customs                  2007, is as follows:
                                                    that rate.7 On May 29, 2012, the                         data set forth in the Third
                                                    Department issued its Second                             Redetermination was insufficient to                                                                    Weighted
                                                    Redetermination, in which it                                                                                                                                     average
                                                                                                             corroborate the 157.68 percent AFA rate                                Exporter                        dumping
                                                    determined that Since Hardware was                       assigned to Since Hardware.16 On June                                                                    margin
                                                    entitled to a separate rate.8 However,                   18, 2015, the Department issued its                                                                    (percent)
                                                    because Since Hardware’s questionnaire                   Fourth Redetermination. In the Fourth
                                                    responses had otherwise been                             Redetermination, the Department, under                Since Hardware (Guangzhou)
                                                    determined to be unreliable, the                         protest, assigned a revised AFA rate of                 Co., Ltd ...................................    72.29
                                                    Department continued to assign an AFA                    72.29 percent to Since Hardware to
                                                    rate of 157.68 percent to Since                          better address the Court’s concerns of                   For Since Hardware, the cash deposit
                                                    Hardware.9 In the Second                                 relevance and commercial reality.17                   rate will remain the rate established in
                                                    Redetermination, the Department also                     This 72.29 percent rate was the rate                  the 2008–2009 Amended Final Results,
                                                    reviewed data from U.S. Customs and                      assigned to Separate Rate companies in                a subsequent review, which is 83.83
                                                    Border Protection (CBP), and                             the less-than-fair value investigation.18             percent.20
                                                    determined that these CBP data                             On April 28, 2016, the Court                           In the event the Court’s ruling is not
                                                    established that selected importers paid                 sustained the Department’s Fourth                     appealed, or if appealed and upheld by
                                                    antidumping duties of 157.68 percent.10                  Redetermination, and entered final                    the Federal Circuit, the Department will
                                                    Based on this finding, the Department                    judgment.19                                           instruct CBP to assess antidumping
                                                    concluded the 157.68 percent rate was                                                                          duties on entries of the subject
                                                    relevant with regard to Since Hardware.                  Timken Notice                                         merchandise exported by Since
                                                       On May 31, 2013, in Since Hardware                       In its decision in Timken, 893 F.2d at             Hardware using the revised assessment
                                                    III, the Court sustained the Department’s                341, as clarified by Diamond Sawblades,               rate calculated by the Department in the
                                                    determination not to reopen the record                   the Federal Circuit has held that,                    Fourth Redetermination.
                                                    of the proceeding.11 The Court also                      pursuant to section 516A(e) of the Tariff                This notice is issued and published in
                                                    determined that the 157.68 percent rate                  Act of 1930, as amended (the Act), the                accordance with sections 516(A)(e),
                                                    was reliable.12 However, the Court                       Department must publish a notice of a                 751(a)(1), and 777(i)(1) of the Act.
                                                    found the Department did not                             court decision not ‘‘in harmony’’ with a                Dated: June 30, 2016.
                                                    demonstrate the relevance and                            Department determination, and must                    Ronald K. Lorentzen,
                                                    commercial reality of the 157.68 percent                 suspend liquidation of entries pending                Acting Assistant Secretary for Enforcement
                                                    AFA rate. On October 31, 2013, the                       a ‘‘conclusive’’ court decision. The                  & Compliance.
                                                    Department issued its Third
                                                                                                             Court’s April 28, 2016 judgment                       [FR Doc. 2016–16253 Filed 7–7–16; 8:45 am]
                                                    Redetermination, determining that the
                                                                                                             sustaining the Fourth Redetermination                 BILLING CODE 3510–DS–P
                                                    157.68 percent rate assigned to Since
                                                                                                             constitutes a final decision of the Court
                                                    Hardware was corroborated to the extent
                                                                                                             that is not in harmony with the
                                                    practicable by the use of CBP data.13
                                                                                                             Department’s Final Results. This notice               DEPARTMENT OF COMMERCE
                                                      5 See  Final Results of Redetermination Pursuant
                                                                                                             is published in fulfillment of the
                                                    to Court Remand Floor Standing Metal-Top Ironing         publication requirement of Timken.                    International Trade Administration
                                                    Tables and Certain Parts Thereof from the People’s       Accordingly, the Department will                      [A–570–016]
                                                    Republic of China Since Hardware (Guangzhou)             continue the suspension of liquidation
                                                    Co., Ltd.. United States, dated February 17, 2011
                                                    (First Redetermination).
                                                                                                             of the subject merchandise pending the                Notice of Initiation and Preliminary
                                                      6 See Since Hardware (Guangzhou) Co., Ltd. v.          expiration of the period of appeal or, if             Results of Antidumping Duty Changed
                                                    United States, Court No. 09–00123, Slip Op. 11–146                                                             Circumstances Review: Certain
                                                    (November 29, 2011) (Since Hardware II).                 Republic of China Since Hardware (Guangzhou)          Passenger Vehicle and Light Truck
                                                      7 Id.                                                  Co., Ltd. v. United States, dated October 31, 2013
                                                      8 See Final Results of Redetermination Pursuant        (Third Redetermination).
                                                                                                                                                                   Tires From the People’s Republic of
                                                    to Court Remand Floor Standing Metal-Top Ironing           14 See Since Hardware (Guangzhou) Co., Ltd. v.      China
                                                    Tables and Certain Parts Thereof from the People’s       United States, Slip Op. 15–15, Court No. 09–00123
                                                    Republic of China Since Hardware (Guangzhou)             (February 18, 2015) (Since Hardware IV).              AGENCY:  Enforcement and Compliance,
                                                    Co., Ltd. v. United States, dated May 29, 2012             15 Id.                                              International Trade Administration,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (Second Redetermination).                                  16 Id., at 8–20.                                    Department of Commerce.
                                                      9 Id.                                                    17 See Fourth Redetermination.
                                                      10 Id.                                                   18 See Notice of Amended Final Determination of        20 See Floor Standing Metal-Top Ironing Tables
                                                      11 See Since Hardware (Guangzhou) Co., Ltd. v.
                                                                                                             Sales at Less Than Fair Value and Antidumping         and Certain Parts Thereof From the People’s
                                                    United States, Court No., 09–00123, Slip Op. 13–         Duty Order: Floor Standing Metal-Top Ironing          Republic of China: Notice of Court Decision Not in
                                                    71 (May 31, 2013) (Since Hardware III).                  Tables and Certain Parts Thereof From the People’s    Harmony with Final Results and Notice of
                                                      12 Id.                                                 Republic of China 69 FR 47868 (August 6, 2004).       Amended Final Results of Antidumping Duty
                                                      13 See Final Results of Redetermination Pursuant         19 See Since Hardware (Guangzhou) Co., Ltd. v.      Administrative Review; 2008–2009, 80 FR 36507,
                                                    to Court Remand Floor Standing Metal-Top Ironing         United States, Court No. 09–00123, Slip Op. 16–42     (June 25, 2015) (2008–2009 Amended Final
                                                    Tables and Certain Parts Thereof from the People’s       (April 28, 2016).                                     Results).



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Document Created: 2016-07-08 00:17:37
Document Modified: 2016-07-08 00:17:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactMichael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4475 or (202) 482-0649, respectively.
FR Citation81 FR 44587 

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