2019-26215. Certain Steel Threaded Rod 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 of Antidumping Duty Administrative Review  

  • Start Preamble

    AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    On November 20, 2019, the United States Court of International Trade (the Court) sustained the final results of redetermination pertaining to the antidumping duty (AD) administrative review of certain steel threaded rod (STR) from the People's Republic of China (China) covering the period April 1, 2013 through March 31, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final results of the administrative review and that Commerce is amending the final results with respect to the separate rate status assigned to Gem-Year Industrial Co., Ltd. (Gem-Year).

    DATES:

    Applicable November 30, 2019.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Jerry Huang, 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) 482-4047.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    Background

    On November 12, 2015, Commerce published its Final Results of the 2013-2014 AD administrative review of STR from China.[1] On February 27, 2019, the Court remanded the Final Results to Commerce to reconsider its decision to reject Gem-Year's application for separate rate status and resulting treatment of Gem-Year as part of the China-wide entity.[2] On remand, Commerce issued its final results of redetermination in accordance with the Court's order, determining that Gem-Year had established its eligibility for a separate rate, and that the use of adverse facts available was warranted in determining Gem-Year's weighted-average dumping margin.[3] On November 20, 2019, the Court sustained Commerce's Final Remand Redetermination.[4]

    Timken Notice

    In its decision in Timken,[5] as clarified by Diamond Sawblades,[6] the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The Court's November 20, 2019 judgment sustaining the Final Remand Redetermination constitutes a final decision of the Court that is not in harmony with Commerce's Final Results. This notice is published in fulfillment of the publication requirements of Timken.

    Amended Final Results

    Because there is now a final court decision, Commerce is amending its Final Results with respect to Gem-Year. Commerce finds that for the period April 1, 2013 through March 31, 2014 Gem-Year has demonstrated its eligibility for a separate rate as follows:

    Producer/exporterWeighted- average dumping margin
    Gem-Year Industrial Co., Ltd206.00

    Accordingly, Commerce 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. In the event the Court's ruling is not appealed or, if appealed, upheld by the CAFC, Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise exported by Gem-Year using the assessment rate assigned by Commerce, as listed above.Start Printed Page 66379

    Cash Deposit Requirements

    Because Gem-Year does not have a superseding cash deposit rate, i.e., there have been no final results published in a subsequent administrative review for Gem-Year, Commerce will issue revised cash deposit instructions to CBP. Effective November 30, 2019, the cash deposit rate applicable to entries of subject merchandise exported by Gem-Year is 206.00 percent.

    Notification to Interested Parties

    This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Start Signature

    Dated: November 27, 2019

    Jeffrey I. Kessler,

    Assistant Secretary for Enforcement and Compliance.

    End Signature End Supplemental Information

    Footnotes

    1.  See Certain Steel Threaded Rod from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 69938 (November 12, 2015) (Final Results) and accompanying Issues and Decision Memorandum (IDM).

    Back to Citation

    2.  See Hubbell Power Systems, Inc. v. United States, Court No. 15-00312, Slip Op. 19-25 (CIT February 27, 2019) (Remand Order).

    Back to Citation

    3.  See Final Results of Redetermination Pursuant to Court Remand Hubbell Power Systems, Inc. v. United States, Court No. 15-00312, Slip Op. 19-25 (CIT February 27, 2019), dated May 20, 2019 (Final Remand Redetermination).

    Back to Citation

    4.  See Hubbell Power Systems, Inc. v. United States, Court No. 15-00312, Slip Op. 19-145 (CIT November 20, 2019).

    Back to Citation

    5.  See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken).

    Back to Citation

    6.  See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

    Back to Citation

    [FR Doc. 2019-26215 Filed 12-3-19; 8:45 am]

    BILLING CODE 3510-DS-P

Document Information

Published:
12/04/2019
Department:
International Trade Administration
Entry Type:
Notice
Document Number:
2019-26215
Dates:
Applicable November 30, 2019.
Pages:
66378-66379 (2 pages)
Docket Numbers:
A-570-932
PDF File:
2019-26215.Pdf
Supporting Documents:
» Requests for Nominations: Trade Promotion Coordinating Committee
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Drawn Stainless Steel Sinks from the People's Republic of China; Recission
» Determinations of Sales at Less than Fair Value: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and Republic of Turkey
» Meetings: United States Travel and Tourism Advisory Board
» Investigations; Determinations, Modifications, and Rulings, etc.: Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from People's Republic of China
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pasta from Italy
» Determinations of Sales at Less Than Fair Value: Truck and Bus Tires From People's Republic of China
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Review