[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44262-44263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18827]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-881]


Malleable Cast Iron Pipe Fittings 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: The Department of Commerce (Commerce) is notifying the public 
that the Court of International Trade's (CIT or the Court) final 
judgment in this case is not in harmony with Commerce's final scope 
ruling and is, therefore, finding that certain cast iron electrical

[[Page 44263]]

conduit articles (electrical conduit articles) imported by Atkore Steel 
Components, Inc. (Atkore), are not within the scope of the antidumping 
duty order on malleable cast iron pipe fittings (MIPF) from the 
People's Republic of China (China).

DATES: Applicable August 13, 2018.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, Office III, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7814.

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 2016, Atkore submitted a scope request claiming that 
electrical conduit articles are outside the scope of the antidumping 
duty Order \1\ on MIPF from China.\2\ Commerce issued its Final Scope 
Ruling on MIPF on March 16, 2017, finding that electrical conduit 
articles were subject to the scope of the Order.\3\ On May 12, 2017, 
Atkore filed a complaint with the CIT asking for a review of Commerce's 
Final Scope Ruling. On May 15, 2018, the CIT remanded the scope ruling 
on two grounds.\4\ First, the CIT held that Commerce's determination 
was incorrect with regard to its finding that the scope language in the 
Order was unambiguous. Second, the Court held that Commerce's 
substantive conclusions, responding to Atkore's arguments about the 19 
CFR 351.225(k)(1) sources, were unsupported by substantial evidence.
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    \1\ See Antidumping Duty Order: Certain Malleable Iron Pipe 
Fittings from the People's Republic of China, 68 FR 69376 (December 
12, 2003) (Order).
    \2\ See Atkore's Letter, ``Scope Ruling Request: Malleable Cast 
Iron Pipe Fittings from the People's Republic of China (A-570-
881),'' dated October 4, 2016 (Scope Request).
    \3\ See Memorandum, ``Antidumping Duty Order on Malleable Cast 
Iron Pipe Fittings from the People's Republic of China, Final Scope 
Ruling Concerning Cast Iron Electrical Conduit Articles,'' dated 
March 16, 2017 (Final Scope Ruling).
    \4\ See Atkore Steel Components, Inc., v. United States, Court 
No. 17-00077, Slip Op. 18-52 (CIT 2018).
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    Pursuant to the Court's instructions, Commerce issued the Final 
Results of Redetermination on Remand.\5\ Consistent with the Court's 
instructions, Commerce conducted an analysis of the (k)(1) sources at 
the court's direction, but under respectful protest.\6\ Upon further 
analysis of the merchandise under consideration, and based on various 
351.225(k)(1) sources on the record, Commerce determined that the 
record supports a determination that electrical conduit articles are 
outside the scope of the Order.\7\ On August 3, 2018, the Court 
sustained Commerce's Final Remand Results in their entirety.\8\
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    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Certain Malleable Iron Pipe Fittings from the People's 
Republic of China, Atkore Steel Components, Inc., v. United States, 
Court No. 17-00077, Slip Op. 18-52 (CIT May 15, 2018), dated July 
11, 2018 (Final Remand Results).
    \6\ Id. at 2 (citing Viraj Group, Ltd. v. United States, 343 
F.3d 1371, 1376 (Fed. Cir. 2003) (Viraj)).
    \7\ See Final Remand Results at 16.
    \8\ See Atkore Steel Components, Inc. v. United States, Court 
No. 17-00077, Slip Op. 18-94 (CIT 2018).
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the Court of Appeals for the Federal Circuit (CAFC) held 
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of a court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's August 3, 2018, judgment in this case constitutes a final 
decision of the court that is not in harmony with Commerce's Final 
Scope Ruling. This notice is published in fulfillment of the 
publication requirements of Timken. Accordingly, Commerce will continue 
the suspension of liquidation of components for MIPF pending expiration 
of the period of appeal or, if appealed, pending a final and conclusive 
court decision.
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    \9\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling

    Because there is now a final court decision with respect to this 
case, Commerce is amending its final scope ruling and finds that the 
scope of the Order does not cover the electrical conduit articles 
specified in Atkore's Scope Request. Commerce will instruct U.S. 
Customs and Border Protection (CBP) that the cash deposit rate will be 
zero percent for certain electrical conduit articles imported by 
Atkore. In the event that the CIT's ruling is not appealed, or if 
appealed, upheld by the CAFC, Commerce will instruct CBP to liquidate 
entries of Atkore's electrical conduit articles without regard to 
antidumping duties, and to lift suspension of liquidation of such 
entries.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1) of the Act.

    Dated: August 24, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-18827 Filed 8-29-18; 8:45 am]
BILLING CODE 3510-DS-P