[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43396-43397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17577]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-947]
Steel Grating From the People's Republic of China: Notice of
Court Decision Not in Harmony With the Final Determination in the Less-
Than-Fair-Value Investigation and Notice of Amended Final Determination
Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 9, 2014, the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (the
``Department'') results of redetermination, pursuant to the CIT's
remand order, in Yantai Xinke Steel Structure Co., Ltd. v. United
States, Slip Op. 2014-38 (CIT April 9, 2014), concerning the final
determination of the less-than-fair-value investigation of certain
steel grating from the People's Republic of China (``PRC'').\1\
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 10-00240, dated January 18, 2013, available at:
http://enforcement.trade.gov/remands/index.html (``Steel Grating
Final Remand''); Certain Steel Grating From the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 75 FR
32366 (June 8, 2010) (``Final Determination'').
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Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (``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 (Fed. Cir.
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 Determination, and it is amending the Final
Determination with respect to Yantai Xinke Steel Structure Co., Ltd.
(``Yantai Xinke''), Ningbo Haitian International Co., Ltd.
(``Haitian''), and Ningbo Jiulong Machinery Co., Ltd (``Jiulong'').
DATES: Effective Date: April 19, 2014.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander and Thomas Martin,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0182 and (202) 482-3936.
[[Page 43397]]
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2010, the Department published the Final Determination.
Chinese exporters of steel grating from China, Yantai Xinke, Jiulong,
and Haitian appealed the Department's Final Determination to the CIT,
and on July 18, 2012, the Court remanded certain issues to the
Department for reconsideration.\2\ Consistent with the CIT's holding,
in the Steel Grating Final Remand, the Department recalculated Yantai
Xinke's and Haitian's weighted-average dumping margins using more
contemporaneous surrogate value data, and assigned Jiulong a weighted-
average dumping margin separate from that of the PRC-wide entity. The
CIT subsequently affirmed the Department's Steel Grating Final Remand
on April 9, 2014.
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\2\ Yantai Xinke Steel Structure Co. v. United States, Slip Op.
2012-95 (CIT July 18, 2012).
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Timken Notice
In its decision in Timken, 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 April 9, 2014, judgment
sustaining the Steel Grating Final Remand constitutes a final decision
of that court that is not in harmony with the Final Determination. This
notice is published in fulfillment of the publication requirements of
Timken.
Amended Final Determination
Because there is now a final court decision with respect to this
litigation, the Department is amending its Final Determination with
respect to Yantai Xinke's and Haitian's weighted-average dumping
margins, and is assigning Jiulong a weighted-average dumping margin
that is separate from that of the PRC-wide entity. The revised
weighted-average dumping margins for the period October 1, 2008,
through March 31, 2009, are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer Exporter dumping
margin
(percent)
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Ningbo Haitian International Co., Ningbo Lihong Steel 38.16
Ltd. Grating Co., Ltd.
Yantai Xinke Steel Structure Co., Yantai Xinke Steel 38.16
Ltd. Structure Co., Ltd.
Ningbo Jiulong Machinery Ningbo Jiulong 145.18
Manufacturing Co., Ltd. Machinery
Manufacturing Co.,
Ltd.
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Cash Deposit Requirements
Since the expiration of the period of appeal has concluded, the
Department will instruct United States Customs and Border Protection
(``CBP'') to liquidate all entries of subject merchandise which were
suspended pending a final and conclusive court decision in accordance
with 19 CFR 351.212(b)(1). Since the Final Determination, the
Department has not established a new cash deposit rate for Yantai
Xinke, Haitian or Jiulong. Therefore, consistent with section 751(a)(1)
of the Act, the Department will instruct CBP to collect cash deposits
for entries of subject merchandise for Yantai Xinke, Haitian and
Jiulong (as a party separate from the PRC-wide entity) equal to the
weighted-average dumping margin listed above under ``Amended Final
Determination.''
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: July 15, 2014.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2014-17577 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-DS-P