[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59720-59721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5607]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Heavy Forged Hand Tools, Finished or Unfinished, With or Without 
Handles, From the People's Republic of China: Notice of Court Decision 
Not In Harmony

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 22, 2005, in Tianjin Machinery Import & Export 
Corp., v. United States and Ames True Temper, Slip Op. 05-127, the 
Court of International Trade (CIT) affirmed the Results of 
Redetermination Pursuant to Court Remand released by the Department of 
Commerce (the Department) on July 20, 2004. Consistent with the 
decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), 
the Department will continue to order the suspension of liquidation of 
the subject merchandise, where appropriate, until there is a 
``conclusive'' decision in this case. If the case is not appealed, or 
if it is affirmed on appeal, the Department will instruct U.S. Customs 
and Border Protection (CBP) to liquidate all relevant entries from 
Tianjin Machinery Import & Export Corporation (TMC), as appropriate.

EFFECTIVE DATE: October 13, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230, telephone 202-482-3936, fax 202-482-5105.

SUPPLEMENTARY INFORMATION:

Background

    On September 22, 2003, the Department issued its final scope ruling 
in which we determined that the cast picks imported by TMC are included 
within the scope of the antidumping duty order on picks/mattocks. See 
Memorandum to the File from Thomas Futtner, Acting Office Director, to 
Holly A. Kuga, Acting Deputy Assistant Secretary for Group II, ``Final 
Scope Ruling - Request by Tianjin Machinery Import & Export Corporation 
for a Ruling on Cast Picks,'' dated September 22, 2003 (TMC Scope 
Ruling). TMC filed a summons and complaint with the CIT on October 8 
and 17, 2003, respectively, challenging the TMC Scope Ruling. In 
response to TMC's motion for judgment on the administrative record, the 
Department moved for and obtained from the CIT an order for a voluntary 
remand to reconsider the determination made in the TMC Scope Ruling in 
view of the decision of the CAFC in Duferco Steel, Inc. v. United 
States, 296 F.3d 1087 (Fed Cir. 2002). On April 7, 2004, the CIT 
granted the Department's unopposed motion for a voluntary remand. The 
Department filed its redetermination pursuant to the CIT's remand on 
July 20, 2004, in which the Department reconsidered the determination 
set forth in the TMC Scope Ruling and concluded that the cast picks at 
issue do not fall within the scope of the picks/mattocks order. See 
Results of Redetermination Pursuant to Court Remand for Tianjin 
Machinery Import & Export Corporation v. United States and Ames True 
Temper at 1 (July 20, 2004). On September 22, 2005, the CIT affirmed 
the Department's redetermination.

Suspension of Liquidation

    The CAFC, in Timken, held that the Department must publish notice 
of a decision of the CIT or the CAFC which is not in harmony with the 
Department's determination. Publication of this notice fulfills that 
obligation. The CAFC also held that the Department must suspend 
liquidation of the subject merchandise until there is a ``conclusive'' 
decision in the case. Therefore, pursuant to Timken, the Department 
must continue to suspend liquidation of unliquidated entries pending 
the expiration of the period to appeal the CIT's September 22, 2005, 
decision affirming the Department's remand results or pending a final 
decision of the CAFC if that decision is appealed. The Department will 
instruct CBP to liquidate relevant unliquidated entries of the subject 
merchandise without regard to antidumping duties in the event that the 
CIT's ruling is not appealed, or if appealed and upheld by the CAFC.
    We are issuing and publishing this notice in accordance with 
section

[[Page 59721]]

516A(c)(1) of the Tariff Act of 1930, as amended.

    Dated: October 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5607 Filed 10-12-05; 8:45 am]
BILLING CODE 3510-DS-S