[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Notices]
[Page 14075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04938]
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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
Administrative Review
SUMMARY: On February 7, 2013, the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (``Department'')
results of redetermination, which granted a separate rate to Gem-Year
Industrial Co., Ltd. (``Gem-Year''), in the 2008-2010 administrative
review of the antidumping duty order on certain steel threaded rod
(``steel threaded rod'') from the People's Republic of China
(``PRC''),\1\ pursuant to the CIT's remand order in Hubbell Power
Systems, Inc. v. United States, Court No. 11-00474, Slip Op. 12-123
(CIT 2012) (``Hubbell''). Consistent with the decision of the United
States Court of Appeals for the Federal Circuit (``CAFC'') in
Timken,\2\ as clarified by Diamond Sawblades,\3\ the Department is
notifying the public that the final judgment in this case is not in
harmony with the Department's Final Results and is amending the Final
Results.\4\
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\1\ See Hubbell Power Systems, Inc. v. United States, Court No.
11-00474, Slip Op. 13-20 (February 7, 2013) (``Final Remand'');
Final Results of Remand Redetermination Pursuant To Remand Order
(``Redetermination''), Court No. 11-00474, dated December 18, 2012.
\2\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (``Timken'').
\3\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades'').
\4\ See Certain Steel Threaded Rod from the People's Republic of
China: Final Results and Final Partial Rescission of Antidumping
Duty Administrative Review, 76 FR 68400 (November 4, 2011) (``Final
Results'') (review covering the period October 8, 2008, through
March 31, 2010).
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DATES: Effective Date: February 19, 2013.
FOR FURTHER INFORMATION CONTACT: Seth Isenberg, Office 9, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0588.
SUPPLEMENTARY INFORMATION: On November 4, 2011, the Department issued
its Final Results.\5\ In the Final Results, the Department rescinded
the review with respect to Gem-Year, noting that it had no suspended
entries during the period of review (``POR'').\6\
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\5\ Id.
\6\ See Final Results, and accompanying Issues and Decision
Memorandum at Comment 1.
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In Hubbell, the CIT remanded the Final Results to the Department to
reconsider its rescission of the review with respect to Gem-Year.\7\
The Department then issued a remand redetermination finding that, while
Gem-Year had no suspended entries during the POR, it demonstrated its
independence from the government of the PRC and was qualified to
receive a separate rate.\8\ In its Redetermination, the Department
assigned the separate rate of 55.16 percent to Gem-Year.\9\
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\7\ See Hubbell, at 6-19.
\8\ See Redetermination.
\9\ Id.
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On February 7, 2013, the CIT sustained the Department's
Redetermination and entered final judgment accordingly.\10\
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\10\ See Hubbell Power Systems, Inc. v. United States, Court No.
11-00474, Slip Op. 13-20 (February 7, 2013).
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (``the Act''), the Department must
publish a notice of a court decision that is not ``in harmony'' with a
Department determination and must suspend liquidation of entries
pending a ``conclusive'' court decision. The CIT's February 7, 2013,
judgment sustaining the Department's Redetermination granting a
separate rate to Gem-Year constitutes a final decision of that court
that is not in harmony with the Department's Final Results. This notice
is published in fulfillment of the publication requirements of Timken.
Accordingly, the Department 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.
Amended Final Results
Because there is now a final court decision with respect to the
Final Results, the Department is amending its Final Results. The
Department finds the following revised margin to exist:
Steel Threaded Rod From the PRC
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Weighted-
average
Exporter margin
(percent)
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Gem-Year Industrial Co., Ltd.............................. 55.16
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For Gem-Year, the cash deposit rate will be the rate listed above
and the Department will instruct U.S. Customs and Border Protection
(``CBP'') accordingly. If the CIT's ruling is not appealed or, if
appealed, upheld by the CAFC, the Department will also instruct CBP to
assess antidumping duties on entries of the subject merchandise
exported by Gem-Year during the POR at the rate listed above.
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: February 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04938 Filed 3-1-13; 8:45 am]
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