[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Notices]
[Pages 68562-68563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23572]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-822


Notice of Amended Final Results in Accordance With Court 
Decision: Helical Spring Lock Washers from the People's Republic of 
China

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

EFFECTIVE DATE: December 5, 2007.
SUMMARY: On July 16, 2007, the Court of Appeals for the Federal Circuit 
(``CAFC'') affirmed the decision of the U.S. Court of International 
Trade (``CIT'') to sustain the Department of Commerce's (``the 
Department'') remand redetermination in the tenth administrative review 
of the antidumping duty order on helical spring lock washers from the 
People's

[[Page 68563]]

Republic of China (``PRC''), for the period October 1, 2002, through 
September 30, 2003. In its redetermination, the Department assigned 
Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang Wanxin Grp 
(ZWG)) (``HSW'') a dumping margin of 19.48 percent, rather than the 
0.00 percent calculated in the final results of the 2002-2003 
antidumping duty administrative review of helical spring lock washers 
from the PRC. As there is now a final and conclusive court decision in 
this case, the Department is amending the final results of the 2002-
2003 antidumping duty administrative review of helical spring lock 
washers from the PRC. 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:

Background

    On May 17, 2005, the Department published its final results of 
antidumping duty administrative review. 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''), and accompanying Issues and Decisions Memorandum 
for the administrative review covering October 1, 2002, through 
September 30, 2003. In its Final Results, the Department calculated an 
individual rate for the sole respondent, HSW. The petitioner in this 
case, Shakeproof Assembly Components Division of Illinois Tool Works 
Inc. (``Shakeproof''), filed a court challenge (Court No. 05-00404) to 
the Department's Final Results. In the CIT proceeding, the Department 
moved for a voluntary remand, which the court granted. In the remand 
redetermination, Commerce revisited the methodology employed in the 
valuation of zinc plating services and determined to rely solely on the 
value submitted by petitioner, Shakeproof. This resulted in a 
recalculation of HSW's dumping margin to 19.48 percent. See Final 
Results of Redetermination Pursuant to United States Court of 
International Trade Remand Order Shakeproof Assembly Components 
Division of Illinois Tool Works, Inc., Plaintiff, v. United States, 
Defendant, and Hangzhou Spring Washer Co., Ltd., Defendant - Intervenor 
(June 2, 2006). On August 25, 2006, the CIT sustained the final remand 
redetermination made by the Department. See Shakeproof Assembly v. 
United States, Slip Op. 2006-129, 2006 Ct. Intl. Trade LEXIS 132 (CIT 
Aug. 25, 2006).
    On October 23, 2006, HSW appealed the CIT's decision. Consistent 
with the Federal Circuit's decision in Timken Company v. United States, 
893 F.2d 337, 341 (Fed. Cir. 1990), on November 30, 2006, the 
Department published a ``Notice of Court Decision Not in Harmony with 
Final Results of Administrative Review,'' which continued suspension of 
liquidation of the subject merchandise until there was a ``final and 
conclusive'' decision in this case (71 FR 69204). On July 16, 2007, the 
CAFC issued a judgment (without an opinion) affirming the CIT's 
decision upholding Commerce's remand redetermination. The CAFC's final 
judgment was not in harmony with the Department's Final Results. 
Appeals of this decision were due by October 15, 2007, and HSW did not 
file an appeal of the CAFC's decision.

Amended Final Results

    As the litigation in this case has concluded, the Department is 
amending the Final Results. The revised dumping margin in the amended 
final results is as follows:

------------------------------------------------------------------------
                      Exporter                              Margin
------------------------------------------------------------------------
 Hangzhou Spring Washer Co., Ltd. (also known as           19.48 percent
 Zhejiang Wanxin Grp (ZWG)).........................
------------------------------------------------------------------------

    The Department intends to issue appropriate assessment instructions 
to U.S. Customs and Border Protection 15 days after publication of this 
notice, and cash deposit instructions to revise the cash deposit rate 
for the company listed above, effective as of the publication date of 
this notice.
    This notice is published in accordance with sections 735(d) and 
777(i) of the Tariff Act of 1930, as amended.

    Dated: November 23, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-23572 Filed 12-4-07; 8:45 am]
BILLING CODE 3510-DS-S