[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22993-22994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07075]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-875]


Non-Malleable Cast Iron Pipe Fittings From the People's Republic 
of China: Notice of Court Decision Not in Harmony With the Final 
Results of Scope Ruling

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

SUMMARY: On March 6, 2024, the U.S. Court of International Trade (CIT) 
issued its final judgment in Star Pipe Products v. United States and 
ASC Engineered Solutions LLC., Court No. 17-00236, Slip Op. 24-28 (CIT 
March 6, 2024) (Star Pipe Slip Op. 24-28), sustaining the final remand 
results, of the U.S. Department of Commerce (Commerce), pertaining to 
the final scope ruling on certain non-malleable cast iron pipe fittings 
(pipe fittings) from the People's Republic of China (China). Commerce 
is therefore amending its Final Scope Ruling to find that ductile iron 
flanges exported by Star Pipe Products (Star Pipe) are not within the 
scope of the antidumping (AD) order on pipe fittings from China. 
Commerce is also notifying the public that the CIT's final judgment is 
not in harmony with the Final Scope Ruling.

DATES: Applicable March 16, 2024.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    On August 17, 2017, Commerce issued its Final Scope Ruling on pipe 
fittings from China.\1\ In its Final Scope Ruling, Commerce found that 
Star Pipe's ductile iron flanges were within the scope of the AD order 
\2\ on pipe fittings from China.\3\ Star Pipe appealed Commerce's Final 
Scope Ruling. During the course of litigation, the CIT issued several 
remand orders culminating in Star Pipe Products v. United States and 
ASC Engineered Solutions, LLC, Court No. 17-00236, Slip Op. 22-127 
(November 18, 2022) (Star Pipe IV). In Star Pipe IV, the CIT directed 
Commerce to issue a new determination, in a form that would go into 
effect if sustained upon judicial review, determining whether Star 
Pipe's ductile iron flanges are within the scope of the Order.\4\ 
Pursuant to the CIT's instructions, on remand, and under respectful 
protest, on December 16, 2022, Commerce found that Star Pipe's ductile 
iron flanges are outside the scope of the Order.\5\ On March 6, 2024, 
the CIT sustained Commerce's Fourth Remand Redetermination.\6\
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    \1\ See ``Final Scope Ruling on the Antidumping Duty Order on 
Non-Malleable Cast Iron Pipe Fittings from the People's Republic of 
China: Request by Star Pipe Products,'' dated August 17, 2017 (Final 
Scope Ruling).
    \2\ See Notice of Antidumping Duty Order: Non-Malleable Cast 
Iron Pipe Fittings from the People's Republic of China, 68 FR 16765 
(April 7, 2003) (Order).
    \3\ See Final Scope Ruling.
    \4\ See Star Pipe IV at 3 and 15-18.
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Star Pipe Products v. United States and Anvil International, 
Court No. 17-00236, Slip Op. 22-127, dated December 16, 2022 (Fourth 
Remand Redetermination), available at https://access.trade.gov/Resources/remands/22-127.pdf.
    \6\ See Star Pipe Slip Op. 24-28.
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the U.S. Court of Appeals for the Federal Circuit 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

[[Page 22994]]

harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's March 6, 
2024, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's final scope ruling. This notice is published in 
fulfillment of the publication requirements of Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling

    There is now a final scope decision with respect to the Star Pipe 
Final Scope Ruling. Therefore, Commerce is amending its Final Scope 
Ruling and finds that the scope of the Order does not cover the 
products addressed in the Star Pipe Final Scope Ruling. The period to 
appeal the CIT's ruling expires on May 6, 2024. 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 Star Pipe's 
ductile iron flanges from China. In accordance with the CIT's order 
sustaining Commerce's Fourth 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 ductile iron flanges 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)(1) and (e), of the Act.

    Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-07075 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P