[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30546-30547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12386]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Notice of
Court Decision Not in Harmony With Final Results and Notice of Amended
Final Results
SUMMARY: On February 5, 2014, the United States Court of Appeals for
the Federal Circuit (``CAFC'') affirmed the judgment of the United
States Court of International Trade (``CIT'') sustaining the Department
of Commerce's (``the Department'') final results of redetermination
pursuant to remand of the 2008-2009 antidumping duty administrative
review of pure magnesium from the People's Republic of China (``PRC'')
(``Remand Redetermination'').\1\ Consistent with the decision of the
CAFC 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 (CAFC 2010) (``Diamond Sawblades''), 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 of the administrative review of pure magnesium from
the PRC with respect to the margin assigned to Tianjin Magnesium
International Co., Ltd. (``TMI'') covering the period of review
(``POR'') May 1, 2008, through April 30, 2009.\2\
---------------------------------------------------------------------------
\1\ See Final Results Of Redetermination Pursuant To Remand
issued by the Department of Commerce, Consol. Ct. No. 11-00006, Slip
Op. 12-63 (CIT 2012), dated August 30, 2012.
\2\ See Pure Magnesium from the People's Republic of China:
Final Results of the 2008-2009 Antidumping Duty Administrative
Review of the Antidumping Duty Order, 75 FR 80791 (December 23,
2010); Amended Final Results of the 2008-2009 Antidumping Duty
Administrative Review: Pure Magnesium from the People's Republic of
China, 76 FR 7813 (February 11, 2011) (collectively, ``Final
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: December 1, 2012.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Office III,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION: In the Final Results, TMI received a
calculated margin based upon information it submitted during the
review. TMI's margin was 0.80 percent.\3\ Both TMI and petitioner
challenged the Final Results with respect to several issues. Upon
review, the CIT remanded the Final Results, holding that the
Department's ``decision not to apply total adverse facts available to
TMI was not supported by substantial evidence in the record and was not
in accord with the law.'' \4\ On remand, the Department reconsidered
its findings and determined to apply total adverse facts available to
TMI based upon its submission of falsified documents during the
administrative review. The Department assigned TMI an adverse facts
available rate of 111.73 percent, thereby replacing the rate of 0.80
percent originally assigned. The CIT sustained the Department's remand
results on November 21, 2012, making the effective date of this notice
December 1, 2012.\5\ Furthermore, the CAFC recently affirmed the CIT's
findings in a non-precedential order.\6\
---------------------------------------------------------------------------
\3\ See Amended Final Results.
\4\ See Tianjin Magnesium Int'l v. United States, 844 F. Supp.
2d 1342, 1344 (CIT May 16, 2012).
\5\ See Tianjin Magnesium Int'l v. United States, 878 F. Supp.
2d 1351 (CIT Nov. 21, 2012).
\6\ See Tianjin Magnesium Int'l v. United States, 2014 U.S. App.
LEXIS 2679 (Fed. Cir. Feb. 5, 2014) (non-precedential).
---------------------------------------------------------------------------
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 November 21, 2012
judgment sustaining the Department's remand results with respect to TMI
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. The cash deposit rate will
remain the company-specific rate established for the most recent period
[[Page 30547]]
during which the respondent was reviewed.\7\
---------------------------------------------------------------------------
\7\ See Pure Magnesium from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2011-2012,
79 FR 94 (January 2, 2014).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, we are amending the
Final Results with respect to TMI's margin for the period May 1, 2008
through April 30, 2009. The revised weighted-average dumping margin is
as follows:
------------------------------------------------------------------------
Percent
Exporter margin
------------------------------------------------------------------------
Tianjin Magnesium International Co., Ltd.................. 111.73
------------------------------------------------------------------------
In the event the CAFC's ruling is not appealed, the Department will
instruct U.S. Customs and Border Protection to assess antidumping
duties on entries of the subject merchandise exported by TMI during the
POR using the revised assessment rate calculated by the Department in
the Remand Redetermination.
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12386 Filed 5-27-14; 8:45 am]
BILLING CODE 3510-DS-P