[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6570-6571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2642]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900, A-580-855]


Diamond Sawblades and Parts Thereof from the People's Republic of 
China and the Republic of Korea: Notice of Court Decision Not In 
Harmony With Final Determination of the Antidumping Duty Investigations

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

SUMMARY: On January 13, 2009, the United States Court of International 
Trade (``CIT'') affirmed the International Trade Commission's (``ITC'') 
amended determination upon remand that an industry in the United States 
is threatened with material injury by reason of imports of diamond 
sawblades and parts thereof (``diamond sawblades'') from the People's 
of China (``PRC'') and the Republic of Korea (``Korea''). Diamond 
Sawblades Mfrs. Coalition v. United States, No. 06-00247, Slip Op. 09-
05 (CIT January 13, 2009) (``DSMC''). The case arises out of the ITC's 
final determination in the antidumping duty investigations. See 
{Investigations Nos. 731-TA-1092 and 1093 (Final){time}  Diamond 
Sawblades and Parts Thereof From China and Korea, 71 FR 39128 (July 11, 
2006) (``Final Determination''). The judgment in this case was not in 
harmony with the ITC's Final Determination. If the CIT's opinion in 
this case is not appealed, or is affirmed on appeal, then antidumping 
duty orders on diamond sawblades from the PRC and Korea will be issued. 
In accordance 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, 341 (Fed. Cir. 1990) (``Timken''), the Department will order the 
suspension of liquidation of the subject merchandise.

EFFECTIVE DATE: January 23, 2009.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230, telephone: (202) 482-3208.

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 2006, the ITC published its final determination that an 
industry in the United States was not materially injured or threatened 
with material injury by reason of imports of diamond sawblades from the 
PRC and Korea. Final Determination, 71 FR 39128. The petitioners\1\ in 
the antidumping duty investigation instituted an action challenging the 
ITC's final determination. On February 6, 2008, the CIT issued Diamond 
Sawblades Mfrs. Coalition v. United States, No. 06-247, Slip Op. 2008-
18 (CIT February 6, 2008), which remanded the determination to the ITC 
for reconsideration. Upon remand, the ITC changed its determination and 
found that a U.S. industry is threatened with material injury by reason 
of imports of diamond sawblades from the PRC and Korea. See ITC Pub. 
4007 (May 2008), Diamond Sawblades and Parts Thereof

[[Page 6571]]

from China and Korea: Investigation Nos. 731-TA-1092 and 1093 
(Final)(Remand), which can be accessed directly at (http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/index_opinions/index.htm). The CIT issued a confidential opinion regarding 
the ITC's determination on remand on January 13, 2009. DSMC, Slip Op. 
09-05. The ITC informed the Department of Commerce (``Department'') by 
letter dated January 22, 2009, that the CIT's January 13, 2009, opinion 
in DSMC sustains the ITC's threat-of-material-injury determination. 
Accordingly, upon notice from the ITC of no appeal or, if appealed, of 
a ``conclusive'' decision by the CAFC affirming DSMC, antidumping duty 
orders on diamond sawblades from the PRC and Korea will be issued.
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    \1\ The Diamond Sawblade Manufacturers' Coalition.
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Suspension of Liquidation

    In Timken, the CAFC held that, pursuant to section 516A(c)(1) of 
the Tariff Act of 1930, as amended (``the Act''), the Department must 
publish notice of a court decision that is not ``in harmony'' with an 
ITC determination. Timken, 893 F.2d at 341. The CIT's January 13, 2009, 
opinion in DSMC constitutes a decision not in harmony with the ITC's 
Final Determination. See ITC January 22, 2009, Letter. Thus, 
publication of this notice fulfills the obligation arising under 
Timken. The CAFC also held that the Department must suspend liquidation 
of the subject merchandise until there is a ``conclusive'' decision in 
the case. Timken, 893 F.2d at 341; Smith Corona Corp. v. United States, 
915 F.2d 683, 688 (Fed. Cir. 1990). Therefore, effective January 23, 
2009, the Department is suspending liquidation pending the expiration 
of the period to appeal or pending a final decision of the CAFC if DSMC 
is appealed.
    Comments submitted by interested parties are addressed in the 
Memorandum from John M. Andersen, Acting Deputy Assistant Secretary, 
Antidumping and Countervailing Duty Operations, for Import 
Administration, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Import Adminstration, dated February 3, 2009, which is available in 
Room 1117 of the Department of Commerce building.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: February 3, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-2642 Filed 2-9-09; 8:45 am]
BILLING CODE 3510-DS-S