Document
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; 2011-2012
On May 11, 2016, the United States Court of International Trade (the Court) sustained our final remand redetermination pertaining to the administrative review of the antidumping...
SUPPLEMENTARY INFORMATION:
Background
On June 24, 2014, the Department published the
AR3 Final Results,
in which we assigned the PRC-wide rate of 164.09 percent to companies including the ATM Single Entity that comprise the PRC-wide entity.[]
The ATM Single Entity challenged our decision to treat it as part of the PRC-wide entity and assign the PRC-wide rate to it. On November 9, 2015, the Court remanded the
AR3 Final Results
to the Department to reconsider the PRC-wide rate in light of the remand redeterminations for the two previous reviews that the Department issued after the publication of the
AR3 Final Results
.[]
In these two remand redeterminations, the Department found that the ATM Single Entity was not entitled to a separate rate and, therefore, was part of the PRC-wide entity, and revised the PRC-wide rate using the simple average of the margins that had been calculated for the ATM Single Entity in the underlying administrative reviews and the petition rate in the less-than-fair-value investigation,
i.e.,
164.09 percent.[]
On remand for the third administrative review, the Department revised the PRC-wide rate consistent with the immediately preceding administrative review,
i.e.,
the second administrative review.[]
On May 11, 2016, the Court upheld our
AR3 Remand Redetermination
in its entirety.[]
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 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
AR3 Remand Redetermination
constitutes the Court's final decision which is not in harmony with the
AR3 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
AR3 Final Results
with respect to the PRC-wide entity, which includes the ATM Single Entity, as follows:
| Exporter |
Weighted-
average
dumping
margin
(%) |
| PRC-Wide Entity (which includes the ATM Single Entity) |
82.05 |
In the event the Court's ruling is not appealed or, if appealed, 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
The current cash deposit rate for the PRC-wide entity is 82.05 percent, and thus same as the cash deposit rate established in the
AR3 Remand Redetermination
.[]
Therefore, there is no need to update the cash deposit rate for the PRC-wide entity as a result of these amended final results.
Notification to Interested Parties
This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.