[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80160-80161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28400]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967, C-570-968]


Aluminum Extrusions From the People's Republic of China: Notice 
of Court Decisions Not in Harmony With Final Scope Ruling and Notice of 
Amended Final Scope Rulings Pursuant to Court Decisions

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

SUMMARY: On December 16, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgments in Worldwide Door Components, Inc. v. 
United States, Slip Op. 22-143, Court No. 19-00012 (Worldwide IV), and 
Columbia Aluminum Products, LLC v. United States, Slip Op. 22-144, 
Court No. 19-00013 (Columbia IV), sustaining the U.S. Department of 
Commerce's (Commerce) third remand redeterminations pertaining to the 
scope ruling for the antidumping (AD) and countervailing duty (CVD) 
orders on aluminum extrusions from the People's Republic of China 
(China). In the redeterminations, Commerce found that certain door 
thresholds imported by Worldwide Door Components, Inc. (Worldwide) and 
Columbia Aluminum Products, Inc. (Columbia) are outside the scope of 
the orders, pursuant to the CIT's remand orders in Worldwide Door 
Components, Inc. v. United States, Court No. 19-00012, Slip Op. 22-91 
(CIT August 10, 2022) (Worldwide III) and Columbia Aluminum Products, 
Inc. v. United States, Court No. 19-00013, Slip Op. 22-92 (CIT August 
10, 2022) (Columbia III). Commerce is notifying the public that the 
CIT's final judgments are not in harmony with Commerce's final scope 
ruling, and that Commerce is amending the scope ruling to find that the 
Worldwide and Columbia door thresholds are outside the scope of the 
orders.

DATES: Applicable December 26, 2022.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4475.

SUPPLEMENTARY INFORMATION:

Background

    On December 19, 2018, Commerce issued its Final Scope Rulings \1\ 
that

[[Page 80161]]

certain door thresholds imported by Worldwide and Columbia fall within 
the scope of the antidumping and countervailing duty orders on aluminum 
extrusions from China.\2\ Worldwide and Columbia appealed Commerce's 
Final Scope Ruling. On December 23, 2020, pursuant to the CIT's first 
remand orders in Worldwide I and Columbia I,\3\ Commerce issued its 
First Final Remand Redeterminations, in which Commerce continued to 
find that Worldwide's and Columbia's door thresholds were subassemblies 
included in the scope of the Orders and, therefore, failed to satisfy 
the requirements for the finished merchandise exclusion.\4\
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    \1\ See Memorandum, ``Antidumping and Countervailing Duty Order 
on Aluminum Extrusions from the People's Republic of China: Final 
Scope Rulings on Worldwide Door Components Inc., MJB Wood Group, 
Inc. and Columbia Door Thresholds,'' dated December 19, 2018 (Final 
Scope Rulings).
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011); and Aluminum 
Extrusions from the People's Republic of China: Countervailing Duty 
Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders).
    \3\ See Worldwide Door Components, Inc. v. United States, 466 F. 
Supp. 3d 1370 (CIT 2020) (Worldwide I); and Columbia Aluminum 
Products, LLC v. United States, 470 F. Supp. 3d 1353 (CIT 2020) 
(Columbia I).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Aluminum Extrusions from the People's Republic of China, 
Worldwide Door Components, Inc. v. United States, Court No. 19-
00012, Slip Op. 20-128 (CIT August 27, 2020), dated December 23, 
2020, available at https://access.trade.gov/resources/remands/20-128.pdf; Final Results of Redetermination Pursuant to Court Remand, 
Aluminum Extrusions from the People's Republic of China, Columbia 
Aluminum Products, LLC v. United States, Court No. 19-00013, Slip 
Op. 20-129 (CIT August 27, 2020), dated December 23, 2020, available 
at https://access.trade.gov/resources/remands/20-129.pdf 
(collectively, First Final Remand Redeterminations).
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    In Worldwide II and Columbia II, the CIT determined that Commerce 
impermissibly based its analysis in the First Final Remand 
Redeterminations on inferences that were contradicted or unsupported by 
other information on the record.\5\ The CIT directed Commerce to 
reconsider whether Worldwide and Columbia door thresholds required 
cutting or machining prior to incorporation into another product, and 
to determine whether Worldwide's and Columbia's door thresholds 
qualified for the finished merchandise exclusion.\6\ On December 13, 
2021, Commerce issued its Second Final Remand Redeterminations, in 
which Commerce determined that Worldwide's and Columbia's door 
thresholds were excluded from the Orders as finished merchandise.\7\
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    \5\ See Worldwide Door Components, Inc. v. United States, 537 F. 
Supp. 3d 1403, 1404-05, 1408-09 (CIT 2021) (Worldwide II); and 
Columbia Aluminum Products, LLC v. United States, 536 F. Supp. 3d 
1346 (CIT 2021) (Columbia II).
    \6\ See Worldwide II, 537 F. Supp. 3d at 1404-05, 1414; and 
Columbia II, 536 F. Supp. 3d at 1354.
    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Worldwide Door Components, Inc. v. United States, Court No. 
19-00012, Slip Op. 21-115 (CIT September 14, 2021), dated December 
13, 2021, available at https://access.trade.gov/resources/remands/21-115.pdf; Final Results of Redetermination Pursuant to Court 
Remand, Columbia Aluminum Products, LLC. v. United States, Court No. 
19-00013, Slip Op. 21-116 (CIT September 14, 2021), dated December 
13, 2021, available at https://access.trade.gov/resources/remands/21-116.pdf (collectively, Second Final Remand Redeterminations).
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    In Worldwide III and Columbia III, the CIT held that Commerce's 
Second Final Remand Redeterminations misconstrued aspects of the CIT's 
decision in Worldwide II and Columbia II and were not submitted in a 
form the CIT could sustain upon judicial review.\8\ The CIT directed 
Commerce to issue a new determination, in a form that would go into 
effect if sustained upon judicial review, determining whether the 
extruded aluminum components of Worldwide's and Columbia's door 
thresholds are within the scope of the Orders.\9\
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    \8\ See Worldwide III, 589 F. Supp. 3d 1185, 1192-95 (CIT 2022); 
and Columbia III, 587 F. Supp. 3d 1375, 1382-85 (CIT 2022).
    \9\ See Worldwide III, 589 F. Supp. 3d at 1195; and Columbia 
III, 587 F. Supp. 3d at 1385.
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    In the Third Final Remand Redeterminations, Commerce continued to 
find, in accordance with the CIT's holdings, that Worldwide's and 
Columbia's door thresholds are outside the scope of the Orders based on 
the finished merchandise exclusion; Commerce also provided further 
explanation for the basis of that finding and clarified that Commerce 
did not intend to issue any other scope ruling or other agency 
determination subsequent to the CIT's order.\10\ The CIT subsequently 
sustained Commerce's remand redeterminations in Worldwide III and 
Columbia III.\11\
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    \10\ See Final Results of Redetermination Pursuant to Court 
Remand, Worldwide Door Components, Inc. v. United States, Court No. 
19-00012, Slip Op. 22-91 (CIT August 10, 2022), dated September 8, 
2022, available at https://access.trade.gov/resources/remands//22-91.pdf; and Final Results of Redetermination Pursuant to Court 
Remand, Columbia Aluminum Products, LLC. v. United States, Court No. 
19-00013, Slip Op. 22-92 (CIT August 10, 2022), dated September 8, 
2022, available at https://access.trade.gov/resources/remands/22-92.pdf (collectively, Third Final Remand Redeterminations).
    \11\ See Worldwide IV, Slip Op. 22-143 at 6; and Columbia IV, 
Slip Op. 22-144 at 6.
    \12\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \13\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Timken Notice

    In its decision in Timken,\12\ as clarified by Diamond 
Sawblades,\13\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, 
as amended (the Act), Commerce must publish a notice of 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 December 16, 2022 judgements constitute final decisions of 
the CIT that are not in harmony with Commerce's Final Scope Ruling. 
Thus, this notice is published in fulfillment of the publication 
requirements of Timken.

Amended Final Scope Ruling

    In accordance with the CIT's December 16, 2022, final judgments, 
Commerce is amending its Final Scope Ruling and determines that the 
scope of the Orders does not cover Worldwide's and Columbia's door 
thresholds addressed in the Final Scope Ruling.

Liquidation of Suspended Entries

    Commerce will instruct U.S. Customs and Border Protection (CBP) 
that, pending any appeals, the cash deposit rate will be zero percent 
for entries of Worldwide's and Columbia's door thresholds produced in 
China. In accordance with the CIT's order sustaining Commerce's third 
final remand redetermination, Commerce intends to, with the publication 
of this notice, issue instructions to CBP to lift suspension of 
liquidation of such entries, and to liquidate entries of the door 
thresholds without regard to antidumping duties, with consideration for 
any potential appeal of the CIT's final judgement.

Notification to Interested Parties

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

    Dated: December 23, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-28400 Filed 12-28-22; 8:45 am]
BILLING CODE 3510-DS-P