[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38039-38040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15576]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-888]


Floor-Standing, Metal-Top Ironing Tables and Certain Parts 
Thereof From the People's Republic of China: Notice of Court Decision 
Not in Harmony With Final Results and Notice of Amended Final Results

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

SUMMARY: On June 14, 2012, the United States Court of International 
Trade (the Court) issued final judgment in Home Products International, 
Inc. v. United States, Court No., 11-00104, sustaining the Department 
of Commerce's (the Department) final results of redetermination 
pursuant to remand.\1\ Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (Federal Circuit) in 
Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), 
as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is 
notifying the public that the final judgment in this case is not in 
harmony with the Department's final results and is amending the final 
results of floor

[[Page 38040]]

standing metal-top ironing tables from the People's Republic of China 
with respect to the margin assigned to Since Hardware (Guangzhou) Co., 
Ltd. (Since Hardware) covering the period August 1, 2007, through July 
31, 2008.\2\
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    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Floor-Standing Metal-Top Ironing Tables and Certain Parts 
Thereof from the People's Republic of China, Home Products 
International, Inc. v. United States Court No., 11-00104, March 14, 
2012, (Remand Results) available, at http://www.ia.ita.doc.gov/remands/index.html.
    \2\ See Floor-Standing Metal-Top Ironing Tables and Certain 
Parts Thereof from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 76 FR 15295 (March 21, 2011) 
(Final Results)

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DATES: Effective Date: June 26, 2012.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: On January 6, 2012, the Court remanded the 
Final Results, and instructed the Department to reconcile its exclusion 
of Indian data from the labor value with certain concerns raised in 
Shandong Rongxin Import & Export Co., v. United States, 774 F.Supp. 2d 
1307 (2011) (Shandong).\3\ On remand, the Department recalculated Since 
Hardware's labor value using additional labor data, including labor 
data from the primary surrogate country, India. As a result, Since 
Hardware's margin changed from 67.37 percent to 66.06 percent. On June 
14, 2012, the Court sustained the Department's Final Results and Remand 
Results.\4\
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    \3\ See Home Products International v. United States, Slip Op. 
12-4, p.12 (January. 6, 2012).
    \4\ See Home Products International, Inc. v United States Court 
No., 11-00104 Slip Op. 12-84 (CIT June 14, 2012)
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the Federal Circuit has 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 not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The Court's June 14, 2012, 
judgment sustaining the Final Results and Remand Results constitutes a 
final decision of the Court that is not in harmony with the 
Department's Final Results. This notice is published in fulfillment of 
the publication requirement of Timken. Accordingly, the Department will 
continue the suspension of liquidation of the subject merchandise 
pending the expiration of the period of appeal, or if appealed, pending 
a final and conclusive court decision. The cash deposit rate will 
remain the company-specific rate established for Since Hardware for the 
subsequent and most recent period during which the respondent was 
reviewed.\5\
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    \5\ See Floor-Standing Metal-Top Ironing Tables and Certain 
Parts Thereof from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 76 FR 15295 (March 21, 
2011).
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Amended Final Determination

    Because there is now a final court decision, we are amending the 
Final Results with respect to Since Hardware's margin for the period 
August 1, 2007, through July 31, 2008. The revised weighted-average 
dumping margin is as follows:

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                                                               Percent
                         Exporter                              margin
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Since Hardware............................................        66.06
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    In the event the Court's ruling is not appealed, or if appealed, 
upheld by the Federal Circuit, the Department will instruct U.S. 
Customs and Border Protection to assess antidumping duties on entries 
of the subject merchandise exported by Since Hardware using the revised 
assessment rate calculated by the Department in the Remand Results.
    This notice is issued and published in accordance with sections 
516(A)(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: June 20, 2012.
Ronald K. Lorentzen,
Assistant Secretary for Import Administration.
[FR Doc. 2012-15576 Filed 6-25-12; 8:45 am]
BILLING CODE 3510-DS-P