[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77316-77317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31429]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-804]
Certain Steel Nails From the United Arab Emirates: Notice of
Court Decision Not in Harmony With the Final Determination and Amended
Final Determination of the Less Than Fair Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 3, 2015, the United States Court of International
Trade (Court) sustained the Department of Commerce's (the Department)
Final Remand Redetermination pertaining to the less-than-fair-value
(LTFV) investigation of certain steel nails from the United Arab
Emirates.\1\ 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 Court's final judgment in this case is not in harmony with the
Final Determination, and that the Department is amending the Final
Determination with respect to Dubai Wire FZE (Dubai Wire), and
Precision Fasteners LLC (Precision Fasteners).\2\ The period of
investigation (POI) is January 1, 2010, through December 31, 2010.
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\1\ See Mid Continent Nail Corp. v. United States, CIT Consol.
Court No. 12-00133, Slip Op. 15-122 (November 3, 2015); Final
Results of Redetermination Pursuant to Court Remand, Court No. 12-
00133, dated September 30, 2014 (Final Remand Redetermination); Mid
Continent Nail Corp. v. United States, 999 F. Supp. 2d 1307 (CIT
2014) (Remand Order).
\2\ See Certain Steel Nails from the United Arab Emirates: Final
Determination of Sales at Less Than Fair Value, 77 FR 17029 (March
23, 2012) as amended by Certain Steel Nails from the United Arab
Emirates: Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012),
(collectively, Final Determination).
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DATES: Effective Date: November 13, 2015.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0198
or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 77317]]
Background
On June 26, 2014, the Court issued the Remand Order, upholding most
aspects of the Final Determination, but remanding for the Department to
apply a regulation the Court held had been improperly withdrawn.\3\ On
remand, the Department applied the withdrawn regulation, under protest,
and as a result, the estimated weighted-average dumping margins for
Dubai Wire and Precision Fasteners changed. On November 3, 2015, the
Court upheld the Final Remand Redetermination in full, and affirmed
several other appealed issues which it had deferred ruling on pending
the Department's remand findings.\4\
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\3\ See Mid Continent, 999 F. Supp. 2d at 1323.
\4\ See Mid Continent, Court No. 12-00133, Slip Op. 15-122 at
*22.
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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 November 3, 2015, final judgment affirming the
Final Remand Redetermination constitutes a final decision of that court
which 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, the Department is
amending the Final Determination with respect to both Dubai Wire and
Precision Fasteners.
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Weighted-
average
Producer or exporter dumping margin
(percent)
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Dubai Wire FZE.......................................... 2.86
Precision Fasteners LLC................................. 0.00
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Partial Exclusion From Antidumping Duty Order and Partial
Discontinuation of Antidumping Duty Administrative Review
Pursuant to sections 735(c)(2) of the Act, ``the investigation
shall be terminated upon publication of that negative determination''
and the Department shall ``terminate the suspension of liquidation''
and ``release any bond or other security, and refund any cash
deposit.'' See Sections 735(c)(2)(A) and (B) of the Act. As a result of
this amended final determination, in which the Department calculated a
weighted-average dumping margin of 0.00 percent for Precision
Fasteners, the Department is hereby excluding merchandise from the
following producer/exporter chain from the antidumping duty order:
Producer: Precision Fasteners LLC
Exporter: Precision Fasteners LLC
Accordingly, the Department will direct U.S. Customs and Border
Protection (CBP) to release any bonds or other security and refund cash
deposits. This exclusion does not apply to merchandise produced by
Precision Fasteners and exported by any other company. Therefore,
resellers of merchandise produced, or produced and exported by
Precision Fasteners are not entitled to the exclusion. Similarly, the
exclusion does not apply to merchandise produced by any other company
and exported by Precision Fasteners.
We note, however, that pursuant to Timken the suspension of
liquidation must continue during the pendency of the appeals process.
Thus, at this time we will instruct CBP to continue the suspension of
liquidation at a cash deposit rate of 0.0 percent for entries produced
and exported by Precision Fasteners until otherwise instructed and to
release any bond or other security that Precision Fasteners made
pursuant to the Final Determination. If the CIT's ruling is not
appealed, or if appealed and upheld, the Department will instruct CBP
to terminate the suspension of liquidation and to liquidate entries
produced and exported by Precision Fasteners without regard to
antidumping duties. As a result of the exclusion, the Department is
discontinuing the ongoing administrative review for Precision
Fasteners, in part \5\ and will not initiate any new administrative
reviews of the antidumping duty order with respect to merchandise
produced and exported by Precision Fasteners.
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\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 37588 (July 1, 2015). The review will
continue with regard to merchandise produced by Precision Fasteners
and exported by another company or produced by any other company and
exported by Precision Fasteners.
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Lastly, we note that at this time, the Department remains enjoined
by Court order from liquidating entries produced and/or exported by
Precision Fasteners during the period 11/03/2011 through 4/30/2013 with
the exception of the gap period 05/02/2012 through 05/07/2012. These
entries will remain enjoined pursuant to the terms of the injunction
during the pendency of any appeals process.
Dubai Wire was a mandatory respondent in completed administrative
reviews subsequent to the LTFV investigation and therefore the Dubai
Wire LTFV redetermination weighted-average dumping margin is superseded
by the cash deposit rate currently in effect for Dubai Wire.\6\
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\6\ See Certain Steel Nails From the United Arab Emirates: Final
Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR
32527, 32528 (June 9, 2015).
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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: December 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-31429 Filed 12-11-15; 8:45 am]
BILLING CODE 3510-DS-P