[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44843-44844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16443]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-018]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Notice of Court Decision Not in Harmony 
With Final Determination and Notice of Amended Final Determination

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

SUMMARY: On June 22, 2016, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department'') final results of redetermination pursuant to remand of 
the final determination in the antidumping duty investigation of 
boltless steel shelving units from the PRC.\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 (CAFC

[[Page 44844]]

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 is amending the Final 
Determination of the antidumping duty investigation of boltless steel 
shelving units from the People's Republic of China (``PRC'') with 
respect to the countervailing duty export subsidy adjustments applied 
to the cash deposit rates calculated for the Final Determination.\2\
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    \1\ See Final Results of Redetermination Pursuant To Court 
Remand issued by the Department of Commerce (May 27, 2016), 
available at http://enforcement.trade.gov/remands/15-00298.pdf 
(``Final Remand Results'').
    \2\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 80 FR 51779 (August 26, 2015) (``Final 
Determination'').

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DATES:  Effective Date: July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Office V, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: On April 19, 2016, the CIT remanded this 
case to the Department, based on a request for voluntary remand, to 
reconsider the amount of the export subsidy adjustments used to 
calculate cash deposit rates for respondents.\3\ Pursuant to the Final 
Remand Results, we reconsidered our export subsidy adjustments, as 
applied in the Final Determination, and revised our Final Determination 
cash deposit calculations, adjusted for export subsidies, in accordance 
with the established policy and practice articulated in Drawn Stainless 
Steel Sinks from the People's Republic of China: Antidumping Duty 
Investigation, 77 FR 60673 (October 4, 2012) (``PRC Sinks''). The CIT 
sustained the Department's Final Remand Results on June 22, 2016, 
making the effective date of this notice July 5, 2016.
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    \3\ See Edsal Manufacturing Co., Inc., v. United States, Court 
No. 15-00298 (April 18, 2016) (``Remand Opinion and Order'').
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) 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 June 22, 2016, judgment 
sustaining the Department's Final Remand Results constitutes a final 
decision of that court that is not in harmony with the Department's 
Final Determination. 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 the expiration of the period of appeal, or if appealed, pending 
a final and conclusive court decision.

Amended Final Determination

    Because there is now a final court decision, we are amending the 
Final Determination with respect to the amount of the export subsidy 
adjustments applied to the calculated cash deposit rates, in accordance 
with the Final Remand Results. Based on our applied practice in PRC 
Sinks, the proper adjustments to the AD cash deposits in the Final 
Determination of this investigation, as noted in the Final Remand 
Results, are as follows:
    (1) For Zhongda United Holding Group Co., Ltd. (``Zhongda''), we 
reduced the AD cash deposit rate by the simple average of the export 
subsidy rates determined for the mandatory respondents in the companion 
CVD investigation. This adjustment is: 17.55 percent minus 0.02 
percent,\4\ resulting in an adjusted AD cash deposit rate of 17.53 
percent;
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    \4\ In the companion countervailing duty (``CVD'') 
investigation, Zhongda was not a mandatory respondent and received 
the calculated ``all-others'' export subsidy rate of 0.02 percent, 
which should be used to adjust Zhongda's calculated AD cash deposit 
rate. See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Final Affirmative Countervailing 
Duty Determination, 80 FR 51775 (August 26, 2015) (``CVD Final'') 
and accompanying Issues and Decision Memorandum at 18-22. In the CVD 
Final, the export subsidy rates determined for the mandatory 
respondents was 0.00 percent and 0.04 percent, the simple average of 
which is 0.02 percent.
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    (2) For the other producer/exporter combinations receiving a 
separate rate we also reduced the AD cash deposit rate, which is based 
on the 17.55 percent calculated rate for Zhongda, by the simple average 
of the export subsidy rates determined for the mandatory respondents in 
the companion CVD investigation. This adjustment is: 17.55 percent 
minus 0.02 percent,\5\ percent resulting in an adjusted AD cash deposit 
rate of 17.53 percent; and
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    \5\ Id.
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    (3) For the PRC-wide entity (including Nanjing Topsun Racking 
Manufacturing Co., Ltd.), which received an adverse facts available 
rate based on information contained in the Petition, as an extension of 
the adverse inference found necessary pursuant to section 776(b) of the 
Act, the Department has adjusted the PRC-wide entity's AD cash deposit 
rate by the lowest export subsidy rate determined for any party in the 
companion CVD proceeding, which was 0.00 percent. Accordingly, the AD 
cash deposit rate of 112.68 percent is not adjusted, as an extension of 
the adverse inference found necessary under section 776(b) of the Act.
    In the event the CIT's ruling is not appealed, the Department will 
instruct CBP to require cash deposits equal to the estimated amount by 
which the normal value exceeds the U.S. price as indicated in the Final 
Determination, adjusted where appropriate for the export subsidies 
noted above.\6\ These instructions suspending liquidation will remain 
in effect until further notice.
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    \6\ See also Final Remand Results (describing the adjustments to 
the AD duty margins in more detail); see also sections 772(c)(1)(C) 
and 777A(f) of the Act, respectively. Unlike in administrative 
reviews, the Department calculates the adjustment for export 
subsidies in investigations not in the margin calculation program, 
but in the cash deposit instructions issued to CBP. See, e.g., 
Notice of Final Determination of Sales at Less Than Fair Value, and 
Negative Determination of Critical Circumstances: Certain Lined 
Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

Ralph K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16443 Filed 7-7-16; 4:15 pm]
 BILLING CODE 3510-DS-P