[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 39997-39998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16575]


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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 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 Tianjin Machinery Imp. & 
Exp. Corp. and Shandong Huarong Machinery Co., Ltd., v. United States, 
sustaining the Department of Commerce's (the Department) Second Remand 
Results.\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 the 
antidumping duty review on heavy forged hand tools, finished or 
unfinished, with or without handles from the People's Republic of China 
(PRC) with respect to the margins assigned to Shandong Huarong 
Machinery Co., Ltd. (Huarong) and Tianjin Machinery Import & Export 
Co.'s (TMC) covering the period February 1, 2003 through January 30, 
2004.\2\
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    \1\ See Final Results of Redetermination Pursuant to Tianjin 
Machinery Imp. & Exp. Corp. and Shandong Huarong Machinery Co., 
Ltd., v. United States, Consol. Court No. 05-00522, (January 4, 
2011), May 4, 2011. (Second Remand Results) see also Tianjin 
Machinery Imp. & Exp. Corp. and Shandong Huarong Machinery Co., 
Ltd., v. United States, Consol. Court No. 05-00522, Slip Op. 12-83 
(June 14, 2012) (Tianjin v. United States).
    \2\ See Heavy Forged Hand Tools, Finished or Unfinished, With or 
Without Handles, From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Reviews and Final Rescission and 
Partial Rescission of Antidumping Duty Administrative Reviews, 70 FR 
54897 (September 19, 2005) (``Final Results'').

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DATES: Effective Date: June 25, 2012.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2312.

SUPPLEMENTARY INFORMATION: The Department published the Final Results 
on September 19, 2005. On August 28, 2007, the Court remanded the Final 
Results, and instructed the Department to either explain or reconsider 
its determination of the adverse facts available (AFA) rate applied to 
TMC's and Huarong's sales of bars/wedges, and the AFA rate applied to 
TMC's sales of picks/mattocks.\3\ On March 11, 2008, the Department 
filed its First Remand Results pursuant to the Court's August 28, 2007 
order.\4\ On January 4, 2011, the Court sustained in part, and 
remanded, in part, the Department's First Remand Results. Specifically, 
the Court remanded the AFA rates applied to Huarong's bars/wedges, and 
to TMC's pick/mattocks. On May 4, 2011, the Department filed the Second 
Remand Results, in which the Department recalculated the AFA rates 
applied to Huarong and TMC. As a result, the Department revised the 
antidumping margin for Huarong's sales of bars/wedges to 47.88 percent, 
and revised the antidumping margin for TMC's sales of picks/mattocks to 
32.15 percent. On

[[Page 39998]]

June 14, 2012, the Court sustained the Department's Second Remand 
Results.\5\
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    \3\ See Tianjin Machinery Import & Export Corp and Shandong 
Huarong Machinery Co., Ltd. v. United States, Court No. 05-00522, 
Slip Op. 07-131 (August 28, 2007).
    \4\ Final Results of Redetermination Pursuant to Tianjin 
Machinery Import & Export Corp. (``TMC'') and Shandong Huraong 
Machinery Co., Ltd. (``Huarong'') v. United States and Ames True 
Temper, Consol. Court No. 05-00522, Slip Op. 07-131 (August 28, 
2007), March 11, 2008 (``First Remand Results'').
    \5\ See Tianjin v. United States.
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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, order 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 
Huarong and TMC for the subsequent and most recent period during which 
the respondents were reviewed.\6\
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    \6\ See Heavy Forged Hand Tools, Finished or Unfinished, With or 
Without Handles, From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review and Final Rescission and 
Partial Rescission of Antidumping Duty Administrative Reviews, 71 FR 
54269 (September 14, 2006).
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Amended Final Determination

    Because there is now a final court decision, we are amending the 
Final Results with respect to Huarong and TMC's margin for the period 
February 1, 2003 through January 30, 2004. The revised weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                               Percent
                          Exporter                              margin
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Huarong....................................................        47.88
TMC........................................................        32.15
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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 Huarong and TMC using the 
revised assessment rates calculated by the Department in the Second 
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 28, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-16575 Filed 7-2-12; 4:15 pm]
BILLING CODE 3510-DS-P