[Federal Register Volume 71, Number 230 (Thursday, November 30, 2006)]
[Notices]
[Page 69204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20285]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Helical Spring Lock Washers From the People's Republic of China: 
Notice of Court Decision Not In Harmony With Final Results of 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 25, 2006, the United States Court of International 
Trade (``Court'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the Court's 
remand of the final results of the administrative review of Helical 
Spring Lock Washers (``HSLWs'') from the People's Republic of China. 
See Shakeproof Assembly Components Division of IL Tool Works, Inc. v. 
United States, Consol. Ct. 05-00404, Slip Op. 06-129 (Ct. Int'l Trade 
Aug. 25, 2006) (``Shakeproof Assembly''). This case arises out of the 
Department's October 1, 2002, through September 30, 2003, 
administrative review final results. See Certain Helical Spring Lock 
Washers from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 70 FR 28274 (May 17, 2005) 
(``Final Results''). The final judgment in this case was not in harmony 
with the Department's Final Results.

EFFECTIVE DATE: September 4, 2006.

FOR FURTHER INFORMATION CONTACT: Marin Weaver or Charles Riggle, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2336 or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION: 
    In Shakeproof Assembly Components v. United States, Slip Op. 05-163 
(CIT, Dec. 22, 2005), the Court remanded the underlying results to the 
Department for reconsideration of the methodology employed to value 
plating services in the calculation of the antidumping duty rate for 
Hangzhou Spring Washer Co., Ltd. (``Hangzhou'').
    On May 15, 2006, the Department issued the draft results of 
redetermination pursuant to remand to Hangzhou and Shakeproof Assembly 
Components Division of Illinois Tool Works Inc. (``Shakeproof'') for 
comment. On May 18, 2006, we received comments on our draft 
redetermination from both parties. On June 2, 2006, the Department 
issued its final results of redetermination pursuant to remand to the 
Court. The remand redetermination explained that the Department found 
the Sudha Electroplaters price quote to be the most reliable 
information on the record with which to value zinc plating. Moreover, 
based on the information on the record, the Department found that this 
quote should be applied to the weight of the un-plated lock washers. 
Thus, the Department recalculated the antidumping duty margin for 
Hangzhou. On August 25, 2006, the Court sustained the final 
redetermination made by the Department pursuant to the Court's remand 
of the final results of the administrative review of HSLWs from the 
People's Republic of China. See Shakeproof Assembly.
    In its decision in Timken Co. v. United States, 893 F. 2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit 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 decision in 
Shakeproof Assembly on August 25, 2006, constitutes a final decision of 
that court that is not in harmony with the Department's 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. The Court's ruling has been appealed, and if it is 
upheld by the Court of Appeals for the Federal Circuit, the Department 
will instruct U.S. Customs and Border Protection to revise cash deposit 
rates and liquidate relevant entries covering the subject merchandise 
effective September 4, 2006.

    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: November 17, 2006.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-20285 Filed 11-29-06; 8:45 am]
BILLING CODE 3510-DS-P