[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66378-66379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26215]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


Certain Steel Threaded Rod 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 of 
Antidumping Duty Administrative Review

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

SUMMARY: On November 20, 2019, the United States Court of International 
Trade (the Court) sustained the final results of redetermination 
pertaining to the antidumping duty (AD) administrative review of 
certain steel threaded rod (STR) from the People's Republic of China 
(China) covering the period April 1, 2013 through March 31, 2014. The 
Department of Commerce (Commerce) is notifying the public that the 
final judgment in this case is not in harmony with the final results of 
the administrative review and that Commerce is amending the final 
results with respect to the separate rate status assigned to Gem-Year 
Industrial Co., Ltd. (Gem-Year).

DATES: Applicable November 30, 2019.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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) 482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On November 12, 2015, Commerce published its Final Results of the 
2013-2014 AD administrative review of STR from China.\1\ On February 
27, 2019, the Court remanded the Final Results to Commerce to 
reconsider its decision to reject Gem-Year's application for separate 
rate status and resulting treatment of Gem-Year as part of the China-
wide entity.\2\ On remand, Commerce issued its final results of 
redetermination in accordance with the Court's order, determining that 
Gem-Year had established its eligibility for a separate rate, and that 
the use of adverse facts available was warranted in determining Gem-
Year's weighted-average dumping margin.\3\ On November 20, 2019, the 
Court sustained Commerce's Final Remand Redetermination.\4\
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    \1\ See Certain Steel Threaded Rod from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2013-2014, 80 FR 69938 (November 12, 2015) (Final Results) and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Hubbell Power Systems, Inc. v. United States, Court No. 
15-00312, Slip Op. 19-25 (CIT February 27, 2019) (Remand Order).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand Hubbell Power Systems, Inc. v. United States, Court No. 15-
00312, Slip Op. 19-25 (CIT February 27, 2019), dated May 20, 2019 
(Final Remand Redetermination).
    \4\ See Hubbell Power Systems, Inc. v. United States, Court No. 
15-00312, Slip Op. 19-145 (CIT November 20, 2019).
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Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A 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 Court's November 
20, 2019 judgment sustaining the Final Remand Redetermination 
constitutes a final decision of the Court that is not in harmony with 
Commerce's Final Results. This notice is published in fulfillment of 
the publication requirements of Timken.
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    \5\ See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \6\ 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, Commerce is amending 
its Final Results with respect to Gem-Year. Commerce finds that for the 
period April 1, 2013 through March 31, 2014 Gem-Year has demonstrated 
its eligibility for a separate rate as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
------------------------------------------------------------------------
Gem-Year Industrial Co., Ltd...............................      206.00
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    Accordingly, Commerce 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. 
In the event the Court's ruling is not appealed or, if appealed, upheld 
by the CAFC, Commerce will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on unliquidated entries of subject 
merchandise exported by Gem-Year using the assessment rate assigned by 
Commerce, as listed above.

[[Page 66379]]

Cash Deposit Requirements

    Because Gem-Year does not have a superseding cash deposit rate, 
i.e., there have been no final results published in a subsequent 
administrative review for Gem-Year, Commerce will issue revised cash 
deposit instructions to CBP. Effective November 30, 2019, the cash 
deposit rate applicable to entries of subject merchandise exported by 
Gem-Year is 206.00 percent.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: November 27, 2019
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26215 Filed 12-3-19; 8:45 am]
BILLING CODE 3510-DS-P