[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37425-37426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16874]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Final Results of Administrative 
Review and Notice of Amended Final Results Pursuant to Court Decision

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

SUMMARY: On July 3, 2017, the Court of International Trade (CIT or 
Court) sustained the Department of Commerce's (the Department) final 
remand results pertaining to the sixth administrative review of the 
antidumping duty order on certain steel nails from the People's 
Republic of China (PRC) covering the period of August 1, 2013, through 
July 31, 2014. The Department is notifying the public that the final 
judgment in this case is not in harmony with the final results of the 
administrative review. Therefore, the Department is amending the final 
results with respect to the dumping margin assigned to SDC 
International Aust. PTY. Ltd. (SDC).

DATES: Applicable July 13, 2017.

FOR FURTHER INFORMATION CONTACT: Annathea Cook, AD/CVD Operations 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0250.

SUPPLEMENTARY INFORMATION:

Background

    As part of the sixth administrative review of certain steel nails 
from the PRC, on August 29, 2014, Mid-Continent Nail Corporation (Mid 
Continent), the petitioner, requested a review of ``SDC INTERNATIONAL 
AUSTRALIA (PTY) LTD.'' \1\ On September 2, 2014, Progressive Steel and 
Wire (Progressive Wire), a domestic interested party, requested a 
review of ``SDC International Aust. Pty., Ltd.'' and ``SDC 
International Australia Pty., Ltd.'' \2\ On September 30, 2014, the 
Department initiated a review of, among other companies: ``SDC 
International Aust. Pty., Ltd.,'' ``SDC International Australia Pty., 
Ltd.,'' and ``SDC International Australia (Pty) Ltd.''
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    \1\ See Mid Continent's ``Request for Sixth Administrative 
Review,'' August 29, 2014, at Attachment 1.
    \2\ See Progressive Steel & Wire LLC's ``Request for 
Administrative Review,'' September 2, 2014, at Attachment 1.
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    On March 8, 2016, the Department issued the 6th AR Final 
Results,\3\ where the Department continued to grant a separate rate 
only to ``SDC International Aust. PTY. LTD.''--the full business name 
requested by SDC in its separate rate certification and supported by 
the company's business license.\4\ SDC challenged the 6th AR Final 
Results before the CIT.\5\
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    \3\ See Certain Steel Nails from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2013-2014, 
81 FR 14092 (March 16, 2016) (6th AR Final Results) and accompanying 
Issues and Decision Memorandum.
    \4\ See 6th AR Final Results.
    \5\ CIT Court No. 16-00062.
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    The Department requested a voluntary remand to address whether the 
Department improperly included permutations of SDC's company name as 
part of the PRC-wide entity, subjecting these name permutations to the 
PRC-wide entity rate. On January 20, 2017, the Court granted the 
Department's request for a voluntary remand to reevaluate its 
determination regarding permutations of SDC's name.
    On July 3, 2017, the CIT sustained the Department's final remand 
determination, affirming the Department's determination to continue to 
grant a separate rate to the name SDC provided on its business 
license--``SDC International Aust. PTY. LTD.''--and no other names.\6\ 
The CIT further affirmed the Department's determination to amend its 
6th AR Final Results, issue accompanying liquidation instructions 
indicating that any entries under ``SDC International Australia Pty., 
Ltd.'' and ``SDC International Australia (Pty) Ltd.'' for this review 
period may be assessed at the separate rate for ``SDC International 
Aust. PTY. LTD.,'' and to no longer list these name permutations in the 
PRC-wide entity.
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    \6\ See SDC International Aust. PTY. LTD. v. United States, CIT 
Slip Op. 17-78, Ct. No. 16-00062 (July 3, 2017).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit 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 that is not ``in 
harmony'' with a Department determination and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The Court's July 3, 
2017, judgment in SDC International Aust. PTY. Ltd. v. United States 
constitutes a final decision of the Court that is not in harmony with 
the Department's AR6 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 at issue pending expiration of the period to appeal or, if 
appealed, a final and conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, the Department hereby 
amends the AR6 Final Results with respect to the companies identified 
below. Based on the Remand Results, as affirmed by the Court in SDC 
International Aust. PTY. Ltd. v. United States, the revised 
combination-rate weighted average-dumping margin for the companies 
listed below during the period August 1, 2013, through July 31, 2014 is 
as follows:
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    \9\ The Department determines that any entries under ``SDC 
International Australia Pty., Ltd.'' and ``SDC International 
Australia (Pty) Ltd.'' for this review period may be assessed at the 
separate rate for ``SDC International Aust. PTY. LTD.'' The 
Department will issue accompanying liquidation instructions 
indicating that these permutations are assessed at the separate 
rate, i.e. 11.95%, and will no longer identify these name 
permutations as part of the PRC-wide entity for this review period. 
These changes to the 6th AR Final Results are specific to, and a 
result of, the above-referenced remand redetermination.

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                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
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SDC International Aust. PTY. Ltd. (SDC) \9\.............           11.95
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    In the event that the CIT's ruling is not appealed or, if appealed, 
is upheld by a final and conclusive court decision, the Department will 
instruct U.S. Customs and Border Protection (CBP) to assess antidumping 
duties on

[[Page 37426]]

unliquidated entries of subject merchandise based on the revised 
dumping margin listed above.

Cash Deposit Requirements

    Because there is now a final court decision, we are amending the 
AR6 Final Results and have revised the weighted-average dumping margin 
for the companies as shown above. As a result of the Final Remand 
Results, and as affirmed by the Court in SDC International Aust. PTY. 
Ltd. v. United States, the cash deposit rate for the companies listed 
above is 11.95%, effective July 13, 2017. The Department will instruct 
CBP accordingly.

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: August 3, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-16874 Filed 8-9-17; 8:45 am]
 BILLING CODE 3510-DS-P