[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36507-36509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15630]


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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 
of the Antidumping Duty Administrative Review; 2008-2009

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 30, 2014, the United States Court of International 
Trade (the Court) issued final judgment in Since Hardware (Guangzhou) 
Co., Ltd. v. United States, Court No. 11-00106, sustaining the 
Department of Commerce's (the Department) final results of the third 
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 of the 
antidumping duty administrative review of floor-standing, metal top 
ironing tables and certain parts thereof from the People's Republic of 
China covering the period August 1, 2008, through July 31, 2009, and is 
amending the final results with respect to the weighted-average dumping 
margin assigned to both Since Hardware (Guangzhou) Co., Ltd. (Since 
Hardware) and Foshan Shunde Yongjian

[[Page 36508]]

Housewares & Hardwares Co., Ltd. (Foshan Shunde).\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, Since Hardware 
(Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, Slip Op. 
14-44 (CIT April 15, 2014), dated July 8, 2014 (Third 
Redetermination), available at http://enforcement.trade.gov/remands/index.htm.
    \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 15297 (March 21, 
2011), and accompanying Issues and Decision Memorandum, as amended 
by Floor-Standing Metal-Top Ironing Tables and Certain Parts Thereof 
From the People's Republic of China: Notice of Amended Final Results 
of Antidumping Duty Administrative Review, 76 FR 23543 (April 27, 
2011) (collectively, Amended Final Results).

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DATES: Effective Date: January 9, 2015.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, 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: 

Background

    On April 27, 2011, the Department published its Amended Final 
Results.\3\ On April 28, 2011, Foshan Shunde and Since Hardware, 
exporters of the subject merchandise, timely filed complaints with the 
Court to challenge certain aspects of the Amended Final Results. The 
litigation history of this procedure is outlined below.
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    \3\ Id.
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    On August 14, 2012, the Court remanded the matter.\4\ On December 
17, 2012, the Department issued its First Redetermination, in which it 
(1) reconsidered the public availability of the financial statements 
used in the Final Results, (2) explained why the Department selected 
the 2006-2007 financial statements of Infiniti Modules (Infiniti) and 
declined to use the 2008-2009 financial statements of either Omax Autos 
(Omax) or Maximaa Systems Limited (Maximaa), (3) defended the 
Department's brokerage and handling calculation and responded to the 
objections raised to that calculation by Foshan Shunde, (4) 
recalculated labor wage rates to conform with the Court's decision in 
Home Products International,\5\ and (5) recalculated the cotton 
conversion factor used in the antidumping calculation for Since 
Hardware.\6\
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    \4\ Since Hardware (Guangzhou) Co., Ltd. v. United States, Court 
No. 11-00106 (August 14, 2012) (Since Hardware I).
    \5\ See Home Products International Inc. v. United States, Court 
No. 11-00104, Final Results of Redetermination (March 14, 2012) 
(Home Products International).
    \6\ 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, dated December 17, 2012 
(First Redetermination).
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    Upon consideration of the First Redetermination, on May 30, 2013, 
the Court affirmed our (1) calculation of Since Hardware's cotton 
conversion factor, (2) recalculation of labor expense, (3) decision to 
reject the financial statements of Omax as a source of financial 
ratios, and (4) use of World Bank data to derive brokerage and handling 
expenses.\7\ The Court also remanded the case to the Department to 
reconsider: (1) Using financial statements from Maximaa in light of the 
fact that Infiniti's statements are non-contemporaneous and present 
public availability concerns, (2) the respondent's claim that World 
Bank data unfairly represent brokerage and handling costs, (3) 
respondent's evidence related to port and terminal handling costs based 
on container size.\8\
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    \7\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 11-00106, Slip Op. 13-69 (May 30, 2013) (Since Hardware 
II).
    \8\ Id.
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    On August 14, 2013, the Department issued its Second 
Redetermination, in which it further explained its basis for selecting 
the financial statements of Infiniti over those of Maximaa, (2) 
recalculated the portion of Foshan Shunde's brokerage and handling 
expense related to the container size adjustment, and (3) reconsidered 
Foshan Shunde's objections regarding the difference between inland and 
seaport cities and determined that no adjustment to that calculation is 
warranted.\9\
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    \9\ See Final Results of Redetermination Pursuant to Court 
Remand Floor Standing Metal Ironing Tables and Certain Parts Thereof 
from the People's Republic of China, Since Hardware (Guangzhou) Co., 
Ltd. v. United States, Court No. 11-00106, dated August 14, 2013 
(Second Redetermination).
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    On April 15, 2014, the Court affirmed the Department's financial 
statement selection.\10\ However, the Court remanded for further 
consideration aspects of the Department's brokerage and handling 
calculation, and asked for the Department to address zeroing in a 
nonmarket economy context.\11\
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    \10\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 11-00106, Slip Op. 14-44 (April 15, 2014) (Since Hardware 
III).
    \11\ Id.
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    On July 8, 2014, the Department filed its Third Redetermination, in 
which it recalculated the conversion factor for Foshan Shunde, and the 
labor expense rate for both Since Hardware and Foshan Shunde consistent 
with the instructions of the Court.\12\ Also, in the Third 
Redetermination, under protest, the Department recalculated the 
brokerage and handling expense for Foshan Shunde based upon the 
instructions set forth by the Court.\13\ On December 30, 2014, the 
Court sustained the Department's Third Redetermination, and entered 
final judgment.\14\
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    \12\ See generally Third Redetermination.
    \13\ Id.
    \14\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 11-00106, Slip Op. 14-159 (December 30, 2014).
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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 December 30, 2014, 
judgment sustaining the Third Redetermination constitutes a final 
decision of the Court that is not in harmony with the Department's 
Amended 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.

Second Amended Final Results

    Because there is now a final court decision, the Department amends 
the Amended Final Results with respect to the dumping margin of Since 
Hardware and Foshan Shunde. The revised weighted-average dumping margin 
for Since Hardware and Foshan Shunde during the period August 1, 2008, 
through July 31, 2009, is as follows:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
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Since Hardware (Guangzhou) Co., Ltd.....................           83.83
Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd..           18.88
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    Because there have been no subsequent review for Since Hardware, 
the revised cash deposit rate for Since Hardware is now 83.33 percent. 
For Foshan Shunde, the cash deposit rate will remain the rate 
established in the 2010-2011 Final Results, a subsequent review, which 
is 157.68 percent.\15\
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    \15\ 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 (2010-2011 Final Results).

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[[Page 36509]]

    In the event the Court's ruling is not appealed, or if appealed and 
upheld by the Federal Circuit, the Department will instruct U.S. 
Customs and Border Protection (CBP) to assess antidumping duties on 
entries of the subject merchandise exported by Since Hardware and 
Foshan Shunde using the revised assessment rate calculated by the 
Department in the Third Redetermination.

Cash Deposit Requirements

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to collect a cash deposit of 83.33 percent for 
entries of subject merchandise exported by Since Hardware, effective 
January 9, 2015, in accordance with the Timken Notice.
    This notice is issued and published in accordance with sections 
516(A)(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: June 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2015-15630 Filed 6-24-15; 8:45 am]
 BILLING CODE 3510-DS-P