[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63079-63080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25209]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-983]
Drawn Stainless Steel Sinks From the People's Republic of China:
Notice of Court Decision Not in Harmony With Final Determination of
Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 27, 2014, the United States Court of International
Trade (``CIT'' or ``Court'') issued its final judgment affirming the
Department of Commerce's (``the Department'') final results of
redetermination pursuant to remand of the final determination of the
antidumping duty investigation concerning drawn stainless steel sinks
from the People's Republic of China (``PRC'').\1\ Consistent with the
decision of the 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 \2\
and is amending the final determination of the investigation with
respect to the margin assigned to Shenzen Kehuaxing Industrial Ltd.
(``Kehuaxing''), an exporter and producer of subject merchandise.
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\1\ See Artisan Mfg. Corp. v. United States, Ct. No. 13-00169
(CIT, June 27, 2014) (Court Order affirming remand redetermination).
\2\ See Drawn Stainless Steel Sinks From the People's Republic
of China: Investigation, Final Determination, 78 FR 13019 (February
26, 2013), amended by Drawn Stainless Steel Sinks from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013)
(collectively, ``Final Determination'').
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DATES: Effective Date: July 7, 2014.
FOR FURTHER INFORMATION CONTACT: Mandy Mallott, Office III, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-6430.
SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final
Determination, Kehuaxing and its importer, Artisan Manufacturing
Corporation (``Artisan''), filed a complaint with the CIT to challenge
the rate assigned to Kehuaxing in the Final Determination.
[[Page 63080]]
On May 5, 2014, the Court issued a remand order to the Department
regarding the assignment of the 76.53 percent PRC-wide rate to
Kehuaxing, which resulted from the Department's rejection of
Kehuaxing's untimely filed quantity and value questionnaire response,
and the Department's subsequent rejection of Kehuaxing's separate rate
application.\3\ Pursuant to the Court's directive in the Remand Order,
we requested and Kehuaxing timely provided these submissions for the
record. We conducted a separate rate analysis and found that Kehuaxing
demonstrated the absence of both de jure and de facto government
control over its export activities and is thus eligible for a separate
rate.\4\
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\3\ See Artisan Mfg. Corp. v. United States, 978 F. Supp. 2d
1334 (Ct. Int'l Trade 2014) (``Remand Order'').
\4\ See Final Results Of Redetermination Pursuant To Court
Remand, Artisan Manufacturing Corp. v. United States, Court No. 13-
00169; Slip Op. 14-52 (CIT 2014), dated June 4, 2014, available at
http://enforcement.trade.gov/remands/index.html.
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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 June 27, 2014
judgment in this case constitutes a final decision of that court that
is not in harmony with the Department's 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
case, the Department is amending the Final Determination with respect
to Kehuaxing's weighted-average dumping margin, effective July 7, 2014.
The revised weighted-average dumping margin is as follows:
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Exporter Producer Percent margin
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Shenzen Kehuaxing Industrial Shenzen Kehuaxing 33.51%
Ltd. Industrial Ltd.
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Because no party appealed the CIT's decision before the period of
appeal expired on August 26, 2014, the CIT's decision is now final and
conclusive. Accordingly, the Department will instruct CBP to collect
cash deposits for entries of subject merchandise exported and produced
by Kehuaxing equal to the weighted-average dumping margin listed above,
effective July 7, 2014, adjusted, where appropriate, for export
subsidies and domestic subsidy pass-through offsets.
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-25209 Filed 10-21-14; 8:45 am]
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