[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:
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Weighted-
average
Producer/exporter dumping
margin
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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