Silicon Metal 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 Administrative Review, 58355 [2012-23140]

Download as PDF 58355 Federal Register / Vol. 77, No. 183 / Thursday, September 20, 2012 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal 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 Administrative Review On September 5, 2012, the United States Court of International Trade (‘‘CIT’’) sustained the Department of Commerce’s (‘‘Department’’) results of redetermination, which reclassified certain line items in the surrogate financial statement used to calculate surrogate financial ratios in the 2007– 2008 administrative review of silicon metal from the People’s Republic of China (‘‘PRC’’),1 pursuant to the CIT’s remand order in Globe Metallurgical Inc. v. United States, 781 F. Supp. 2d 1340 (CIT 2011) (‘‘Globe’’).2 Consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken,3 as clarified by Diamond Sawblades,4 the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s final results of administrative review and is amending its final results of administrative review of the antidumping duty order on silicon metal from the PRC for the 2007– 2008 period of review (‘‘POR’’).5 DATES: Effective Date: September 17, 2012. FOR FURTHER INFORMATION CONTACT: Toni Dach, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1655. SUPPLEMENTARY INFORMATION: On January 12, 2010, the Department issued its final results of administrative review in the 2007–2008 administrative review of silicon metal from the PRC.6 In the SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES 1 See Silicon Metal from the People’s Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 75 FR 1592 (January 12, 2010) (‘‘Final Results’’) (review covering the period June 1, 2007, through May 31, 2008). 2 See September 6, 2011, ‘‘Final Results of Remand Redetermination Pursuant To Remand Order’’ (‘‘Redetermination’’); Globe Metallurgical Inc. v. United States, Slip Op. 12–114, Court No. 10–00032 (September 5, 2012). 3 Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’). 4 Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (‘‘Diamond Sawblades’’). 5 See Final Results. 6 Id. VerDate Mar<15>2010 16:11 Sep 19, 2012 Jkt 226001 Final Results, the Department excluded miscellaneous receipts and profit on the sale of a fixed asset from its calculation of selling, general, and administrative expenses (‘‘SG&A’’) in the surrogate financial ratios.7 In Globe, the CIT remanded the Final Results to the Department to reconsider its exclusion of miscellaneous receipts and profit on sale of a fixed asset from SG&A.8 The Department then issued a remand redetermination finding that, while profit on the sale of a fixed asset should continue to be excluded from our calculation of SG&A, income from miscellaneous receipts should offset SG&A expenses, as the Department could not determine whether this income was related to the primary operations of the surrogate company.9 In its Redetermination, the Department also determined that profit on the sale of a fixed asset should be excluded from the profit calculation, as it is excluded from SG&A.10 As a result, the antidumping duty margin for the respondent Jiangxi Gangyuan Silicon Industry Co., Ltd. (‘‘Jiangxi Gangyuan’’) changed from 50.02% to 48.64%. The antidumping duty margin for the respondent Shanghai Jinneng International Trade Co., Ltd. (‘‘Shanghai Jinneng’’) changed from 23.16% to 21.97%. On September 5, 2012, the CIT sustained the Department’s Redetermination and entered judgment accordingly.11 Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC 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 that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s September 5, 2012, judgment sustaining the Department’s remand redetermination continuing to exclude profit on the sale of a fixed asset from SG&A, excluding profit on the sale of a fixed asset from the profit calculation, and including miscellaneous receipts as an offset to SG&A, constitutes a final 7 See Memorandum from Bobby Wong, Senior Analyst; Through Scot T. Fullerton, Program Manager; To James C. Doyle, Director, Office 9; Regarding: Silicon Metal from the People’s Republic of China: Allegations of Ministerial Errors in the Final Results, dated February 26, 2010. 8 See Globe, 781 F. Supp. 2d at 1357. 9 See Redetermination. 10 See id. at 5. 11 See Globe Metallurgical Inc. v. United States, Ct. No. 10–00032, Slip Op. 12–114 (Sept. 5, 2011) (‘‘Globe II’’). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 decision of that court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements 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 with respect to the Final Results, the Department amends its Final Results. The Department finds the following revised margins to exist: SILICON METAL FROM THE PRC Exporter Weightedaverage margin (percent) Jiangxi Gangyuan Silicon Industry Co., Ltd .............................. Shanghai Jinneng International Trade Co., Ltd ......................... 48.64 21.97 The cash deposit rate will remain the company-specific rate established for Shanghai Jinneng for the most recent period during which each respondent was reviewed.12 For Jiangxi Gangyuan, the cash deposit rate will be the rate listed above and the Department will instruct U.S. Customs and Border Protection accordingly. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: September 12, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–23140 Filed 9–19–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–984] Drawn Stainless Steel Sinks From the People’s Republic of China: Countervailing Duty Investigation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is aligning the final AGENCY: 12 See Silicon Metal from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 54563 (September 5, 2012). E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Page 58355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23140]



[[Page 58355]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal 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 Administrative Review

SUMMARY: On September 5, 2012, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``Department'') 
results of redetermination, which reclassified certain line items in 
the surrogate financial statement used to calculate surrogate financial 
ratios in the 2007-2008 administrative review of silicon metal from the 
People's Republic of China (``PRC''),\1\ pursuant to the CIT's remand 
order in Globe Metallurgical Inc. v. United States, 781 F. Supp. 2d 
1340 (CIT 2011) (``Globe'').\2\ Consistent with the decision of the 
United States Court of Appeals for the Federal Circuit (``CAFC'') in 
Timken,\3\ as clarified by Diamond Sawblades,\4\ the Department is 
notifying the public that the final judgment in this case is not in 
harmony with the Department's final results of administrative review 
and is amending its final results of administrative review of the 
antidumping duty order on silicon metal from the PRC for the 2007-2008 
period of review (``POR'').\5\
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    \1\ See Silicon Metal from the People's Republic of China: Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review, 75 FR 1592 (January 12, 2010) (``Final Results'') (review 
covering the period June 1, 2007, through May 31, 2008).
    \2\ See September 6, 2011, ``Final Results of Remand 
Redetermination Pursuant To Remand Order'' (``Redetermination''); 
Globe Metallurgical Inc. v. United States, Slip Op. 12-114, Court 
No. 10-00032 (September 5, 2012).
    \3\ Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(``Timken'').
    \4\ Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (``Diamond Sawblades'').
    \5\ See Final Results.

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DATES: Effective Date: September 17, 2012.

FOR FURTHER INFORMATION CONTACT: Toni Dach, Office 9, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-1655.

SUPPLEMENTARY INFORMATION: On January 12, 2010, the Department issued 
its final results of administrative review in the 2007-2008 
administrative review of silicon metal from the PRC.\6\ In the Final 
Results, the Department excluded miscellaneous receipts and profit on 
the sale of a fixed asset from its calculation of selling, general, and 
administrative expenses (``SG&A'') in the surrogate financial 
ratios.\7\
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    \6\ Id.
    \7\ See Memorandum from Bobby Wong, Senior Analyst; Through Scot 
T. Fullerton, Program Manager; To James C. Doyle, Director, Office 
9; Regarding: Silicon Metal from the People's Republic of China: 
Allegations of Ministerial Errors in the Final Results, dated 
February 26, 2010.
---------------------------------------------------------------------------

    In Globe, the CIT remanded the Final Results to the Department to 
reconsider its exclusion of miscellaneous receipts and profit on sale 
of a fixed asset from SG&A.\8\ The Department then issued a remand 
redetermination finding that, while profit on the sale of a fixed asset 
should continue to be excluded from our calculation of SG&A, income 
from miscellaneous receipts should offset SG&A expenses, as the 
Department could not determine whether this income was related to the 
primary operations of the surrogate company.\9\ In its Redetermination, 
the Department also determined that profit on the sale of a fixed asset 
should be excluded from the profit calculation, as it is excluded from 
SG&A.\10\ As a result, the antidumping duty margin for the respondent 
Jiangxi Gangyuan Silicon Industry Co., Ltd. (``Jiangxi Gangyuan'') 
changed from 50.02% to 48.64%. The antidumping duty margin for the 
respondent Shanghai Jinneng International Trade Co., Ltd. (``Shanghai 
Jinneng'') changed from 23.16% to 21.97%.
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    \8\ See Globe, 781 F. Supp. 2d at 1357.
    \9\ See Redetermination.
    \10\ See id. at 5.
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    On September 5, 2012, the CIT sustained the Department's 
Redetermination and entered judgment accordingly.\11\
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    \11\ See Globe Metallurgical Inc. v. United States, Ct. No. 10-
00032, Slip Op. 12-114 (Sept. 5, 2011) (``Globe II'').
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC 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 that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's September 5, 2012, 
judgment sustaining the Department's remand redetermination continuing 
to exclude profit on the sale of a fixed asset from SG&A, excluding 
profit on the sale of a fixed asset from the profit calculation, and 
including miscellaneous receipts as an offset to SG&A, constitutes a 
final decision of that court that is not in harmony with the 
Department's Final Results. This notice is published in fulfillment of 
the publication requirements 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 with respect to the 
Final Results, the Department amends its Final Results. The Department 
finds the following revised margins to exist:

                       Silicon Metal From the PRC
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
Jiangxi Gangyuan Silicon Industry Co., Ltd..................       48.64
Shanghai Jinneng International Trade Co., Ltd...............       21.97
------------------------------------------------------------------------

The cash deposit rate will remain the company-specific rate established 
for Shanghai Jinneng for the most recent period during which each 
respondent was reviewed.\12\ For Jiangxi Gangyuan, the cash deposit 
rate will be the rate listed above and the Department will instruct 
U.S. Customs and Border Protection accordingly. This notice is issued 
and published in accordance with sections 516A(e)(1), 751(a)(1), and 
777(i)(1) of the Act.
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    \12\ See Silicon Metal from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review, 77 FR 54563 
(September 5, 2012).

    Dated: September 12, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-23140 Filed 9-19-12; 8:45 am]
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