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 Administrative Review, 14075 [2013-04938]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Notices]
[Page 14075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04938]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-932]


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 
Administrative Review

SUMMARY: On February 7, 2013, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``Department'') 
results of redetermination, which granted a separate rate to Gem-Year 
Industrial Co., Ltd. (``Gem-Year''), in the 2008-2010 administrative 
review of the antidumping duty order on certain steel threaded rod 
(``steel threaded rod'') from the People's Republic of China 
(``PRC''),\1\ pursuant to the CIT's remand order in Hubbell Power 
Systems, Inc. v. United States, Court No. 11-00474, Slip Op. 12-123 
(CIT 2012) (``Hubbell''). Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (``CAFC'') in 
Timken,\2\ as clarified by Diamond Sawblades,\3\ the Department is 
notifying the public that the final judgment in this case is not in 
harmony with the Department's Final Results and is amending the Final 
Results.\4\
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    \1\ See Hubbell Power Systems, Inc. v. United States, Court No. 
11-00474, Slip Op. 13-20 (February 7, 2013) (``Final Remand''); 
Final Results of Remand Redetermination Pursuant To Remand Order 
(``Redetermination''), Court No. 11-00474, dated December 18, 2012.
    \2\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (``Timken'').
    \3\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades'').
    \4\ See Certain Steel Threaded Rod from the People's Republic of 
China: Final Results and Final Partial Rescission of Antidumping 
Duty Administrative Review, 76 FR 68400 (November 4, 2011) (``Final 
Results'') (review covering the period October 8, 2008, through 
March 31, 2010).

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DATES:  Effective Date: February 19, 2013.

FOR FURTHER INFORMATION CONTACT: Seth Isenberg, Office 9, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0588.

SUPPLEMENTARY INFORMATION: On November 4, 2011, the Department issued 
its Final Results.\5\ In the Final Results, the Department rescinded 
the review with respect to Gem-Year, noting that it had no suspended 
entries during the period of review (``POR'').\6\
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    \5\ Id.
    \6\ See Final Results, and accompanying Issues and Decision 
Memorandum at Comment 1.
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    In Hubbell, the CIT remanded the Final Results to the Department to 
reconsider its rescission of the review with respect to Gem-Year.\7\ 
The Department then issued a remand redetermination finding that, while 
Gem-Year had no suspended entries during the POR, it demonstrated its 
independence from the government of the PRC and was qualified to 
receive a separate rate.\8\ In its Redetermination, the Department 
assigned the separate rate of 55.16 percent to Gem-Year.\9\
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    \7\ See Hubbell, at 6-19.
    \8\ See Redetermination.
    \9\ Id.
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    On February 7, 2013, the CIT sustained the Department's 
Redetermination and entered final judgment accordingly.\10\
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    \10\ See Hubbell Power Systems, Inc. v. United States, Court No. 
11-00474, Slip Op. 13-20 (February 7, 2013).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, 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 February 7, 2013, 
judgment sustaining the Department's Redetermination granting a 
separate rate to Gem-Year 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 is amending its Final Results. The 
Department finds the following revised margin to exist:

                     Steel Threaded Rod From the PRC
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                                                              Weighted-
                                                               average
                         Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
Gem-Year Industrial Co., Ltd..............................        55.16
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    For Gem-Year, the cash deposit rate will be the rate listed above 
and the Department will instruct U.S. Customs and Border Protection 
(``CBP'') accordingly. If the CIT's ruling is not appealed or, if 
appealed, upheld by the CAFC, the Department will also instruct CBP to 
assess antidumping duties on entries of the subject merchandise 
exported by Gem-Year during the POR at the rate listed above.
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: February 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04938 Filed 3-1-13; 8:45 am]
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