[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2844-2845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00923]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-900]


Diamond Sawblades and Parts Thereof From the People's Republic of 
China: Notice of Court Decision Not in Harmony With the Final Results 
of Review and Amended Final Results of the Antidumping Duty 
Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: On September 23, 2015, the United States Court of 
International Trade (Court) sustained our final remand redetermination 
pertaining to the administrative review of the antidumping duty order 
on diamond sawblades and parts thereof from the People's Republic of 
China covering the period January 23, 2009, through October 31, 
2010.\1\ 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 of Commerce (the Department) 
is notifying the public that the Court's final judgment in this case is 
not in harmony with the AR1 Final Results \2\ and that the Department 
is amending the AR1 Final Results with respect to the ATM Single Entity 
\3\ and the PRC-wide entity.
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    \1\ See Final Results of Redetermination pursuant to Diamond 
Sawblades Manufacturers' Coalition v. United States, Court No. 13-
00078, slip op. 14-50 (Ct. Int'l Trade April 29, 2014), dated April 
10, 2015, and available at http://enforcement.trade.gov/remands/14-50.pdf (AR1 Remand), aff'd, Diamond Sawblades Manufacturers' 
Coalition v. United States, Court No. 13-00078, slip op. 15-105 (Ct. 
Int'l Trade September 23, 2015).
    \2\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2009-2010, 78 FR 11143 (February 15, 2013) (AR1 Final 
Results).
    \3\ The ATM Single Entity includes Advanced Technology & 
Materials Co., Ltd., Beijing Gang Yan Diamond Products Co., HXF Saw 
Co., Ltd., AT&M International Trading Co., Ltd., and Cliff 
International Ltd. See AR1 Final Results, 78 FR at 11144-45 n.9.

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DATES: Effective Date: October 3, 2015.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-5760 
or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2013, the Department published the AR1 Final 
Results. The Diamond Sawblades Manufacturers' Coalition challenged the 
Department's decisions to grant the ATM Single Entity a separate rate 
and to not collapse the state-owned enterprise, China Iron & Steel 
Research Institute, within the ATM Single Entity.\4\ The Department 
requested a voluntary remand to reconsider the separate rate 
eligibility for the ATM Single Entity in this review and the Court 
granted the Department's request.\5\ On remand, the Department 
determined that the ATM Single Entity was ineligible for a separate 
rate and also revised the PRC-wide rate.\6\ On September 23, 2015, the 
Court entered judgment sustaining the final remand redetermination for 
this review in its entirety.\7\
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    \4\ See Diamond Sawblades Manufacturers' Coalition v. United 
States, Court No. 13-00078, slip op. 14-50 (Ct. Int'l Trade April 
29, 2014).
    \5\ Id.
    \6\ See AR1 Remand.
    \7\ See Diamond Sawblades Manufacturers' Coalition v. United 
States, Court No. 13-00078, slip op. 15-105 (Ct. Int'l Trade Sept. 
23, 2015).
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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

[[Page 2845]]

a court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The Court's final judgment affirming the 
final remand redetermination constitutes the Court's final decision 
which is not in harmony with the AR1 Final Results. This notice is 
published in fulfillment of the publication requirements of Timken. 
Accordingly, the Department will continue the suspension of liquidation 
of the subject merchandise pending a final and conclusive court 
decision.

Amended Final Results of Review

    Because there is now a final court decision, the Department is 
amending the AR1 Final Results with respect to the PRC-wide entity, 
which includes the ATM Single Entity, as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                         Exporter                              dumping
                                                               margin
                                                              (percent)
------------------------------------------------------------------------
PRC-Wide Entity (which includes the ATM Single Entity)....        82.12
------------------------------------------------------------------------

    In the event the Court's ruling is upheld by a final and conclusive 
court decision, the Department will instruct the U.S. Customs and 
Border Protection to assess antidumping duties on unliquidated entries 
of subject merchandise based on the revised rate the Department 
determined and listed above.

Cash Deposit Requirements

    Since the AR1 Remand, the Department has established a new cash 
deposit rate for the PRC-wide entity, which includes the ATM Single 
Entity.\8\ Therefore, the cash deposit rate for the PRC-wide entity 
does not need to be updated as a result of these amended final results.
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    \8\ See Diamond Sawblades and Parts Thereof From the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 80 FR 32344 (June 8, 2015).
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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: January 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-00923 Filed 1-15-16; 8:45 am]
 BILLING CODE 3510-DS-P