[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55593-55594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23052]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967; C-570-968]


Aluminum Extrusions From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Final Scope Ruling and Notice of 
Amended Final Scope Ruling Pursuant to Court Decision

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

SUMMARY: On August 27, 2015, the United States Court of International 
Trade (``CIT'' or ``Court'') sustained the Department of Commerce's 
(the ``Department'') final results of redetermination,\1\ in which the 
Department determined that three dock ladder kit models imported by 
Asia Sourcing Corporation (``ASC'') meet the description of excluded 
finished goods kits, and are therefore not covered by the scope of the 
Orders,\2\ pursuant to the CIT's remand order in Asia Sourcing Corp v. 
United States, No. 13-00161 (CIT June 30, 2015) (``Remand Order'').
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    \1\ See Asia Sourcing Corp v. United States, Court No. 13-00161, 
Slip Op. 15-97 (CIT August 27, 2015) (``Asia Sourcing''), which 
sustained the Final Results of Redetermination Pursuant to Court 
Remand, Asia Sourcing Corp v. United States, Court No. 13-00161 
(August 20, 2015) (``Remand Redetermination'').
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) and Aluminum 
Extrusions from the People's Republic of China: Countervailing Duty 
Order, 76 FR 30653 (May 26, 2011) (``Orders'').
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (``CAFC'') in Timken,\3\ as clarified by 
Diamond Sawblades,\4\ the Department is notifying the public that the 
final judgment in this case is not in harmony with the Department's 
Final Scope Ruling \5\ and is therefore amending this scope ruling.
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    \3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (``Timken'').
    \4\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades'').
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Final Scope Ruling on Asia Sourcing Corporation's Boat and Dock 
Ladders and Strip Door Mounting Brackets,'' dated March 20, 2013 
(``Final Scope Ruling'').

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DATES: Effective date: September 8, 2015.

FOR FURTHER INFORMATION CONTACT: Brendan Quinn, AD/CVD Operations, 
Office III, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230; 
telephone: 202-482-5848.

SUPPLEMENTARY INFORMATION: On August 31, 2012, the Department received 
a scope ruling request from ASC to determine whether its aluminum boat 
and dock ladders and strip door mounting brackets are subject to the 
Orders.\6\ In its March 20, 2013, Final Scope Ruling, the Department 
found that dock ladder kit models ASE, ASH, and DJX3-W did not qualify 
for the finished goods kit exclusion,\7\ and thus

[[Page 55594]]

were covered by the scope of the Orders, because they did not contain 
any non-aluminum extrusion components beyond fasteners.\8\
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    \6\ See letter from ASC, ``Aluminum Extrusions from the People's 
Republic of China: Request for Scope Ruling,'' dated August 31, 
2012.
    \7\ The ``finished goods kit'' exclusion in the scope of the 
Orders provides:
    The scope also excludes finished goods containing aluminum 
extrusions that are entered unassembled in a ``finished goods kit.'' 
A finished goods kit is understood to mean a packaged combination of 
parts that contains, at the time of importation, all of the 
necessary parts to fully assemble a final finished good and requires 
no further finishing or fabrication, such as cutting or punching, 
and is assembled ``as is'' into a finished product.
    See, e.g., Antidumping Duty Order, 76 FR at 30651.
    \8\ See Final Scope Ruling at 8.
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    In its Remand Order, the Court remanded the underlying scope ruling 
and directed the Department to ``clarify or reconsider, as appropriate, 
its inclusion of the ASE, ASH, and DJX3-W dock ladder kit models within 
the scope of the Orders . . .'' \9\ The Court also requested that the 
Department consider whether the exception to the ``finished goods kit'' 
exclusion in the scope is inapplicable because the non-aluminum 
components of the kits at issue are not fasteners.\10\
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    \9\ See Remand Order at 5.
    \10\ Id.
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    In the Remand Redetermination, the Department reconsidered the 
record evidence provided by ASC and found that certain components in 
the three dock ladder kits at issue (i.e., plastic coated cables 
included on one model and plastic end caps included in all three 
models) were not fasteners.\11\ Because all three of the ladder kit 
models under consideration include non-aluminum extrusions components 
other than fasteners (i.e., plastic coated cables and/or plastic end 
caps), and the Department had determined in the Final Scope Ruling that 
these three kits contained all the parts needed to fully assemble a 
finished good with no further fabrication,\12\ we concluded in the 
Remand Redetermination that the three dock ladder kits at issue each 
qualify for the finished goods kits exclusion provided by the scope and 
are not subject to the scope of the Orders.\13\
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    \11\ See Remand Redetermination at 7-11.
    \12\ See Final Scope Ruling at 8.
    \13\ See Remand Redetermination at 11-12.
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Timken Notice

    In its decision in Timken \14\ as clarified by Diamond Sawblades, 
the CAFC has held that, pursuant to sections 516A(c) and (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 August 27, 2015, 
judgment in Asia Sourcing sustaining the Department's decision in the 
Remand Redetermination finding that ASC's dock ladder kit models ASE, 
ASH, and DJX3-W are excluded from the scope of the Orders, constitutes 
a final decision of that court that is not in harmony with the 
Department's Final Scope Ruling. This notice is published in 
fulfillment of the publication requirements of Timken. Accordingly, the 
Department will continue the suspension of liquidation of the ASE, ASH, 
and DJX3-W dock ladder kits at issue pending expiration of the period 
of appeal or, if appealed, pending a final and conclusive court 
decision.
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    \14\ See Timken, 893 F.2d at 341.
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Amended Final Determination

    Because there is now a final court decision with respect to the 
dock ladder kits at issue, the Department amends its Final Scope 
Ruling. The Department finds that the scope of the Orders does not 
cover the ASE, ASH, and DJX3-W dock ladder kits addressed in the 
underlying scope request filed by ASC. The Department will instruct 
U.S. Customs and Border Protection (``CBP'') that the cash deposit rate 
will be zero percent for Asia Sourcing's ASE, ASH, and DJX3-W dock 
ladder kits. In the event that the CIT's ruling is not appealed, or if 
appealed, upheld by the CAFC, the Department will instruct CBP to 
liquidate any unliquidated entries of ASC's ASE, ASH, and DJX3-W dock 
ladder kits without regard to antidumping and/or countervailing duties, 
and to lift suspension of liquidation of such entries.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: September 8, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-23052 Filed 9-15-15; 8:45 am]
 BILLING CODE 3510-DS-P