[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Notices]
[Pages 32289-32291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12004]


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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; 2007-2008

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

SUMMARY: On April 7, 2016, the United States Court of International 
Trade (the CIT or the Court) issued final judgment in Foshan Shunde 
Yongjian Housewares & Hardwares Co., Ltd. and Polder Inc. v. United 
States, Court No. 10-00059, sustaining the Department of Commerce's 
(the Department) final results of the third redetermination pursuant to 
remand.\1\ Consistent with

[[Page 32290]]

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, 2007, through 
July 31, 2008, and is amending the final results with respect to the 
weighted-average dumping margin assigned to Foshan Shunde Yongjian 
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, Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd. and Polder Inc. v. United States, 
Court No. 10-00059, Slip Op. 14-69 (CIT June 25, 2014), dated 
October 10, 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, 75 FR 3201(January 20, 
2010), and accompanying Issues and Decision Memorandum (Final 
Results).

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DATES: Effective April 18, 2016.

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 January 20, 2010, the Department published its Final Results.\3\ 
On March 17, 2010, Foshan Shunde, an exporter of the subject 
merchandise, and Polder, Inc., an importer of the subject merchandise, 
timely filed a complaint with the CIT to challenge certain aspects of 
the Final Results. The litigation history of this procedure is outlined 
below.
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    \3\ Id.
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    On October 12, 2011, the Court remanded the matter.\4\ On June 12, 
2012, the Department issued its First Redetermination, in which it 
determined that Foshan Shunde was: (1) Entitled to a separate rate and 
(2) assigned an adverse facts available (AFA) rate of 157.68 percent to 
Foshan Shunde.\5\
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    \4\ Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and 
Polder Inc. v. United States, Court No. 10-00059, Slip. Op. 11-123 
(October 12, 2011) (Foshan Shunde I).
    \5\ 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 Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, 
dated June 12, 2012 (First Redetermination).
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    Upon consideration of the First Redetermination, on April 8, 2013, 
the Court affirmed our assignment of a separate rate to Foshan 
Shunde.\6\ The Court, however, remanded the case to the Department to 
reconsider its corroboration of the 157.68 percent rate assigned to 
Foshan Shunde. On July 8, 2013, the Department issued its Second 
Redetermination, in which it explained that available Customs data 
corroborated to the extent practicable the 157.68 percent rate assigned 
to Foshan Shunde.\7\
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    \6\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., 
and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 13-47 
(April 8, 2013) (Foshan Shunde II).
    \7\ 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 Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, 
dated July 8, 2013 (Second Redetermination).
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    On June 20, 2014, the Court rejected the corroboration analysis 
conducted by the Department in its Second Redetermination. The Court 
remanded the Department's corroboration of Foshan Shunde's AFA rate for 
further consideration.\8\
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    \8\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., 
and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 14-69 
(June 20, 2014) (Foshan Shunde III).
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    On October 10, 2014, the Department filed its Third 
Redetermination, in which it, under protest, assigned a revised AFA 
rate of 72.29 percent to Foshan Shunde.\9\ This 72.29 percent rate was 
the rate assigned to Separate Rate companies in the less-than-fair 
value investigation.\10\ On April 7, 2016, the Court sustained the 
Department's Third Redetermination, and entered final judgment.\11\
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    \9\ 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 Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, 
dated October 10, 2014 (Third Redetermination).
    \10\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Floor Standing Metal-Top 
Ironing Tables and Certain Parts Thereof From the People's Republic 
of China 69 FR 47868 (August 6, 2004).
    \11\ See Foshan Shunde Yongjian Housewares & Hardwares Co., 
Ltd., and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 
16-35 (April 7, 2016).
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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 April 7, 2016, 
judgment sustaining the Third Redetermination 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.

Amended Final Results

    Because there is now a final court decision, the Department amends 
the Final Results with respect to the dumping margin of Foshan Shunde. 
The revised weighted-average dumping margin for Foshan Shunde during 
the period August 1, 2007, through July 31, 2008, is as follows:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd..           72.29
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    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.\12\
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    \12\ 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 77 FR 55806, (September 11, 
2012) (2010-2011 Final Results).
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    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.
    This notice is issued and published in accordance with sections 
516(A)(e), 751(a)(1), and 777(i)(1) of the Act.


[[Page 32291]]


    Dated: May 13, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement & Compliance.
[FR Doc. 2016-12004 Filed 5-20-16; 8:45 am]
 BILLING CODE 3510-DS-P