[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37425-37426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16874]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Notice
of Court Decision Not in Harmony With Final Results of Administrative
Review and Notice of Amended Final Results Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 3, 2017, the Court of International Trade (CIT or
Court) sustained the Department of Commerce's (the Department) final
remand results pertaining to the sixth administrative review of the
antidumping duty order on certain steel nails from the People's
Republic of China (PRC) covering the period of August 1, 2013, through
July 31, 2014. The Department is notifying the public that the final
judgment in this case is not in harmony with the final results of the
administrative review. Therefore, the Department is amending the final
results with respect to the dumping margin assigned to SDC
International Aust. PTY. Ltd. (SDC).
DATES: Applicable July 13, 2017.
FOR FURTHER INFORMATION CONTACT: Annathea Cook, AD/CVD Operations
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-0250.
SUPPLEMENTARY INFORMATION:
Background
As part of the sixth administrative review of certain steel nails
from the PRC, on August 29, 2014, Mid-Continent Nail Corporation (Mid
Continent), the petitioner, requested a review of ``SDC INTERNATIONAL
AUSTRALIA (PTY) LTD.'' \1\ On September 2, 2014, Progressive Steel and
Wire (Progressive Wire), a domestic interested party, requested a
review of ``SDC International Aust. Pty., Ltd.'' and ``SDC
International Australia Pty., Ltd.'' \2\ On September 30, 2014, the
Department initiated a review of, among other companies: ``SDC
International Aust. Pty., Ltd.,'' ``SDC International Australia Pty.,
Ltd.,'' and ``SDC International Australia (Pty) Ltd.''
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\1\ See Mid Continent's ``Request for Sixth Administrative
Review,'' August 29, 2014, at Attachment 1.
\2\ See Progressive Steel & Wire LLC's ``Request for
Administrative Review,'' September 2, 2014, at Attachment 1.
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On March 8, 2016, the Department issued the 6th AR Final
Results,\3\ where the Department continued to grant a separate rate
only to ``SDC International Aust. PTY. LTD.''--the full business name
requested by SDC in its separate rate certification and supported by
the company's business license.\4\ SDC challenged the 6th AR Final
Results before the CIT.\5\
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\3\ See Certain Steel Nails from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2013-2014,
81 FR 14092 (March 16, 2016) (6th AR Final Results) and accompanying
Issues and Decision Memorandum.
\4\ See 6th AR Final Results.
\5\ CIT Court No. 16-00062.
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The Department requested a voluntary remand to address whether the
Department improperly included permutations of SDC's company name as
part of the PRC-wide entity, subjecting these name permutations to the
PRC-wide entity rate. On January 20, 2017, the Court granted the
Department's request for a voluntary remand to reevaluate its
determination regarding permutations of SDC's name.
On July 3, 2017, the CIT sustained the Department's final remand
determination, affirming the Department's determination to continue to
grant a separate rate to the name SDC provided on its business
license--``SDC International Aust. PTY. LTD.''--and no other names.\6\
The CIT further affirmed the Department's determination to amend its
6th AR Final Results, issue accompanying liquidation instructions
indicating that any entries under ``SDC International Australia Pty.,
Ltd.'' and ``SDC International Australia (Pty) Ltd.'' for this review
period may be assessed at the separate rate for ``SDC International
Aust. PTY. LTD.,'' and to no longer list these name permutations in the
PRC-wide entity.
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\6\ See SDC International Aust. PTY. LTD. v. United States, CIT
Slip Op. 17-78, Ct. No. 16-00062 (July 3, 2017).
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Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
the Court of Appeals for the Federal Circuit 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 Court's July 3,
2017, judgment in SDC International Aust. PTY. Ltd. v. United States
constitutes a final decision of the Court that is not in harmony with
the Department's AR6 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 at issue pending expiration of the period to appeal or, if
appealed, a final and conclusive court decision.
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\7\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court decision, the Department hereby
amends the AR6 Final Results with respect to the companies identified
below. Based on the Remand Results, as affirmed by the Court in SDC
International Aust. PTY. Ltd. v. United States, the revised
combination-rate weighted average-dumping margin for the companies
listed below during the period August 1, 2013, through July 31, 2014 is
as follows:
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\9\ The Department determines that any entries under ``SDC
International Australia Pty., Ltd.'' and ``SDC International
Australia (Pty) Ltd.'' for this review period may be assessed at the
separate rate for ``SDC International Aust. PTY. LTD.'' The
Department will issue accompanying liquidation instructions
indicating that these permutations are assessed at the separate
rate, i.e. 11.95%, and will no longer identify these name
permutations as part of the PRC-wide entity for this review period.
These changes to the 6th AR Final Results are specific to, and a
result of, the above-referenced remand redetermination.
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Weighted-
Exporter average margin
(percent)
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SDC International Aust. PTY. Ltd. (SDC) \9\............. 11.95
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In the event that the CIT's ruling is not appealed or, if appealed,
is upheld by a final and conclusive court decision, the Department will
instruct U.S. Customs and Border Protection (CBP) to assess antidumping
duties on
[[Page 37426]]
unliquidated entries of subject merchandise based on the revised
dumping margin listed above.
Cash Deposit Requirements
Because there is now a final court decision, we are amending the
AR6 Final Results and have revised the weighted-average dumping margin
for the companies as shown above. As a result of the Final Remand
Results, and as affirmed by the Court in SDC International Aust. PTY.
Ltd. v. United States, the cash deposit rate for the companies listed
above is 11.95%, effective July 13, 2017. The Department will instruct
CBP accordingly.
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: August 3, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-16874 Filed 8-9-17; 8:45 am]
BILLING CODE 3510-DS-P