[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65289-65290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26006]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof From the People's Republic of
China: Notice of Court Decision Not in Harmony With Final Determination
of Sales at Less Than Fair Value and Notice of Amended Final
Determination of Sales at Less Than Fair Value Pursuant to Court
Decision
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On October 11, 2013, the United States Court of International
Trade (``Court'' or ``CIT'') issued its final judgment in Advanced
Technology & Materials v. United States,\1\ sustaining the Department
of Commerce's (Department) Second Remand Results.\2\ Consistent with
the decision of the United States Court of Appeals for the Federal
Circuit (``Federal Circuit'') in Timken Co., v. United States, 893 F.2d
337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades
Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010)
(``Diamond Sawblades''), the Department is notifying the public that
the final CIT judgment in this case is not in harmony with the
Department's Final Determination \3\ and is amending the Final
Determination with respect to the AT&M Entity's \4\ eligibility for a
separate
[[Page 65290]]
rate in the less-than-fair-value investigation.
---------------------------------------------------------------------------
\1\ Advanced Technology & Materials v. United States, Court No.
09-511, Slip Op. 13-129 (CIT October 11, 2013) (``AT&M v. United
States'').
\2\ See Final Results of Redetermination Pursuant to Advanced
Technology & Materials Co., Ltd., Beijing Gang Yan Diamond Products
Company, and Gang Yan Diamond Products, Inc. with Bosun Tools Group
Co. Ltd. v. United States and Diamond Sawblades Manufacturers
Coalition, Weihai Xiangguang Mechanical Industrial Co., Ltd., and
Qingdao Shinhan Diamond Industrial Co., Ltd., Consol. Court No. 09-
00511, Slip op. 12-147 (CIT2012), dated May 6, 2013 (``Second Remand
Results'').
\3\ See Final Determination of Sales at Less Than Fair Value and
Final Partial Affirmative Determination of Critical Circumstances:
Diamond Sawblades and Parts Thereof from the People's Republic of
China, 71 FR 29303 (May 22, 2006) (``Final Determination'').
\4\ The AT&M entity includes: Advanced Technology & Materials
Co., Ltd. (``AT&M''), Beijing Gang Yan Diamond Products Company
(``BGY''), and Yichang HXF Circular Saw Industrial Co., Ltd.
(``Yichang HXF'').
---------------------------------------------------------------------------
DATES: Effective Date: October 21, 2013.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-2312.
SUPPLEMENTARY INFORMATION: On May 6, 2013, the Department filed the
Second Remand Results, in which the Department determined that the AT&M
Entity was not entitled to a rate separate from that of the People's
Republic of China (``PRC'')-wide entity. On October 11, 2013, the Court
sustained the Department's Second Remand Results.\5\
---------------------------------------------------------------------------
\5\ See AT&M v. United States.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the Federal Circuit has held that, pursuant to section
516A(e) of the Tariff Act of 1930, as amended (``Act''), the Department
must publish a notice of a court decision not ``in harmony'' with a
Department determination, and must suspend liquidation of entries
pending a ``conclusive'' court decision. The Court's October 11, 2013,
judgment constitutes a final decision of the Court that is not in
harmony with the Department's Final Determination. This notice is
published in fulfillment of the publication requirement 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.
Since the Final Determination, the Department has established a new
cash deposit rate for the AT&M entity.\6\ Therefore, this amended final
determination does not change the AT&M entity's cash deposit rate.
---------------------------------------------------------------------------
\6\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2009-2010, 78 FR 11143 (February 15, 2013).
---------------------------------------------------------------------------
Amended Final Determination
Because there is now a final court decision, we are amending the
Final Determination with respect to the AT&M entity's separate rate
status. This notice is issued and published in accordance with sections
516A(e)(1), 735, and 777(i)(1) of the Act.
Dated: October 23, 2013
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26006 Filed 10-30-13; 8:45 am]
BILLING CODE 3510-DS-P