[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Notices]
[Pages 32289-32291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12004]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-888]
Floor-Standing, Metal-Top Ironing Tables and Certain Parts
Thereof From the People's Republic of China: Notice of Court Decision
Not in Harmony With Final Results and Notice of Amended Final Results
of the Antidumping Duty Administrative Review; 2007-2008
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 7, 2016, the United States Court of International
Trade (the CIT or the Court) issued final judgment in Foshan Shunde
Yongjian Housewares & Hardwares Co., Ltd. and Polder Inc. v. United
States, Court No. 10-00059, sustaining the Department of Commerce's
(the Department) final results of the third redetermination pursuant to
remand.\1\ Consistent with
[[Page 32290]]
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
judgment in this case is not in harmony with the Department's final
results of the antidumping duty administrative review of floor-
standing, metal top ironing tables and certain parts thereof from the
People's Republic of China covering the period August 1, 2007, through
July 31, 2008, and is amending the final results with respect to the
weighted-average dumping margin assigned to Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd. (Foshan Shunde).\2\
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\1\ See Final Results of Redetermination Pursuant to Court
Remand, Floor Standing Metal Top Ironing Tables and Certain Parts
Thereof from the People's Republic of China, Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd. and Polder Inc. v. United States,
Court No. 10-00059, Slip Op. 14-69 (CIT June 25, 2014), dated
October 10, 2014 (Third Redetermination), available at http://enforcement.trade.gov/remands/index.htm.
\2\ See Floor-Standing Metal-Top Ironing Tables and Certain
Parts Thereof From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 75 FR 3201(January 20,
2010), and accompanying Issues and Decision Memorandum (Final
Results).
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DATES: Effective April 18, 2016.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 20, 2010, the Department published its Final Results.\3\
On March 17, 2010, Foshan Shunde, an exporter of the subject
merchandise, and Polder, Inc., an importer of the subject merchandise,
timely filed a complaint with the CIT to challenge certain aspects of
the Final Results. The litigation history of this procedure is outlined
below.
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\3\ Id.
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On October 12, 2011, the Court remanded the matter.\4\ On June 12,
2012, the Department issued its First Redetermination, in which it
determined that Foshan Shunde was: (1) Entitled to a separate rate and
(2) assigned an adverse facts available (AFA) rate of 157.68 percent to
Foshan Shunde.\5\
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\4\ Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and
Polder Inc. v. United States, Court No. 10-00059, Slip. Op. 11-123
(October 12, 2011) (Foshan Shunde I).
\5\ See Final Results of Redetermination Pursuant to Court
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts
Thereof from the People's Republic of China Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States,
dated June 12, 2012 (First Redetermination).
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Upon consideration of the First Redetermination, on April 8, 2013,
the Court affirmed our assignment of a separate rate to Foshan
Shunde.\6\ The Court, however, remanded the case to the Department to
reconsider its corroboration of the 157.68 percent rate assigned to
Foshan Shunde. On July 8, 2013, the Department issued its Second
Redetermination, in which it explained that available Customs data
corroborated to the extent practicable the 157.68 percent rate assigned
to Foshan Shunde.\7\
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\6\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd.,
and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 13-47
(April 8, 2013) (Foshan Shunde II).
\7\ See Final Results of Redetermination Pursuant to Court
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts
Thereof from the People's Republic of China Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States,
dated July 8, 2013 (Second Redetermination).
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On June 20, 2014, the Court rejected the corroboration analysis
conducted by the Department in its Second Redetermination. The Court
remanded the Department's corroboration of Foshan Shunde's AFA rate for
further consideration.\8\
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\8\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd.,
and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 14-69
(June 20, 2014) (Foshan Shunde III).
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On October 10, 2014, the Department filed its Third
Redetermination, in which it, under protest, assigned a revised AFA
rate of 72.29 percent to Foshan Shunde.\9\ This 72.29 percent rate was
the rate assigned to Separate Rate companies in the less-than-fair
value investigation.\10\ On April 7, 2016, the Court sustained the
Department's Third Redetermination, and entered final judgment.\11\
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\9\ See Final Results of Redetermination Pursuant to Court
Remand Floor Standing Metal-Top Ironing Tables and Certain Parts
Thereof from the People's Republic of China Foshan Shunde Yongjian
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States,
dated October 10, 2014 (Third Redetermination).
\10\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Floor Standing Metal-Top
Ironing Tables and Certain Parts Thereof From the People's Republic
of China 69 FR 47868 (August 6, 2004).
\11\ See Foshan Shunde Yongjian Housewares & Hardwares Co.,
Ltd., and Polder Inc. v. United States, Court No. 10-00059, Slip Op.
16-35 (April 7, 2016).
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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 (the 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 April 7, 2016,
judgment sustaining the Third Redetermination constitutes a final
decision of the Court that is not in harmony with the Department's
Final Results. 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.
Amended Final Results
Because there is now a final court decision, the Department amends
the Final Results with respect to the dumping margin of Foshan Shunde.
The revised weighted-average dumping margin for Foshan Shunde during
the period August 1, 2007, through July 31, 2008, is as follows:
------------------------------------------------------------------------
Weighted
average
Exporter dumping margin
(percent)
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Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd.. 72.29
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For Foshan Shunde, the cash deposit rate will remain the rate
established in the 2010-2011 Final Results, a subsequent review, which
is 157.68 percent.\12\
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\12\ See Floor Standing Metal-Top Ironing Tables and Certain
Parts Thereof From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review 77 FR 55806, (September 11,
2012) (2010-2011 Final Results).
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In the event the Court's ruling is not appealed, or if appealed and
upheld by the Federal Circuit, the Department will instruct U.S.
Customs and Border Protection (CBP) to assess antidumping duties on
entries of the subject merchandise exported by Since Hardware and
Foshan Shunde using the revised assessment rate calculated by the
Department in the Third Redetermination.
This notice is issued and published in accordance with sections
516(A)(e), 751(a)(1), and 777(i)(1) of the Act.
[[Page 32291]]
Dated: May 13, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement & Compliance.
[FR Doc. 2016-12004 Filed 5-20-16; 8:45 am]
BILLING CODE 3510-DS-P