[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43396-43397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-947]


Steel Grating From the People's Republic of China: Notice of 
Court Decision Not in Harmony With the Final Determination in the Less-
Than-Fair-Value Investigation and Notice of Amended Final Determination 
Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 9, 2014, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (the 
``Department'') results of redetermination, pursuant to the CIT's 
remand order, in Yantai Xinke Steel Structure Co., Ltd. v. United 
States, Slip Op. 2014-38 (CIT April 9, 2014), concerning the final 
determination of the less-than-fair-value investigation of certain 
steel grating from the People's Republic of China (``PRC'').\1\
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    \1\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 10-00240, dated January 18, 2013, available at: 
http://enforcement.trade.gov/remands/index.html (``Steel Grating 
Final Remand''); Certain Steel Grating From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 75 FR 
32366 (June 8, 2010) (``Final Determination'').
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (``CAFC'') 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 Determination, and it is amending the Final 
Determination with respect to Yantai Xinke Steel Structure Co., Ltd. 
(``Yantai Xinke''), Ningbo Haitian International Co., Ltd. 
(``Haitian''), and Ningbo Jiulong Machinery Co., Ltd (``Jiulong'').

DATES: Effective Date: April 19, 2014.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander and Thomas Martin, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0182 and (202) 482-3936.

[[Page 43397]]


SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2010, the Department published the Final Determination. 
Chinese exporters of steel grating from China, Yantai Xinke, Jiulong, 
and Haitian appealed the Department's Final Determination to the CIT, 
and on July 18, 2012, the Court remanded certain issues to the 
Department for reconsideration.\2\ Consistent with the CIT's holding, 
in the Steel Grating Final Remand, the Department recalculated Yantai 
Xinke's and Haitian's weighted-average dumping margins using more 
contemporaneous surrogate value data, and assigned Jiulong a weighted-
average dumping margin separate from that of the PRC-wide entity. The 
CIT subsequently affirmed the Department's Steel Grating Final Remand 
on April 9, 2014.
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    \2\ Yantai Xinke Steel Structure Co. v. United States, Slip Op. 
2012-95 (CIT July 18, 2012).
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Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC 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 CIT's April 9, 2014, judgment 
sustaining the Steel Grating Final Remand constitutes a final decision 
of that court that is not in harmony with the Final Determination. This 
notice is published in fulfillment of the publication requirements of 
Timken.

Amended Final Determination

    Because there is now a final court decision with respect to this 
litigation, the Department is amending its Final Determination with 
respect to Yantai Xinke's and Haitian's weighted-average dumping 
margins, and is assigning Jiulong a weighted-average dumping margin 
that is separate from that of the PRC-wide entity. The revised 
weighted-average dumping margins for the period October 1, 2008, 
through March 31, 2009, are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
             Producer                     Exporter            dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Ningbo Haitian International Co.,   Ningbo Lihong Steel            38.16
 Ltd.                                Grating Co., Ltd.
Yantai Xinke Steel Structure Co.,   Yantai Xinke Steel             38.16
 Ltd.                                Structure Co., Ltd.
Ningbo Jiulong Machinery            Ningbo Jiulong                145.18
 Manufacturing Co., Ltd.             Machinery
                                     Manufacturing Co.,
                                     Ltd.
------------------------------------------------------------------------

Cash Deposit Requirements

    Since the expiration of the period of appeal has concluded, the 
Department will instruct United States Customs and Border Protection 
(``CBP'') to liquidate all entries of subject merchandise which were 
suspended pending a final and conclusive court decision in accordance 
with 19 CFR 351.212(b)(1). Since the Final Determination, the 
Department has not established a new cash deposit rate for Yantai 
Xinke, Haitian or Jiulong. Therefore, consistent with section 751(a)(1) 
of the Act, the Department will instruct CBP to collect cash deposits 
for entries of subject merchandise for Yantai Xinke, Haitian and 
Jiulong (as a party separate from the PRC-wide entity) equal to the 
weighted-average dumping margin listed above under ``Amended Final 
Determination.''

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 15, 2014.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2014-17577 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-DS-P