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; 2008-2009, 36507-36509 [2015-15630]

Download as PDF Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices 4, 2015. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 19, 2015. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. FOR FURTHER INFORMATION CONTACT: Camille Evans at Camille.Evans@ trade.gov or (202) 482–2350. Dated: June 19, 2015. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2015–15635 Filed 6–24–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security treaty that seeks to achieve an international ban on chemical weapons (CW). The CWC prohibits, the use, development, production, acquisition, stockpiling, retention, and direct or indirect transfer of chemical weapons. This collection implements the following provision of the treaty: Schedule 1 notification and report: Under Part VI of the CWC Verification Annex, the United States is required to notify the Organization for the Prohibition of Chemical Weapons (OPCW), the international organization created to implement the CWC, at least 30 days before any transfer (export/ import) of Schedule 1 chemicals to another State Party. The United States is also required to submit annual reports to the OPCW on all transfers of Schedule 1 Chemicals. End-Use Certificates: Under Part VIII of the CWC Verification Annex, the United States is required to obtain EndUse Certificates for transfers of Schedule 3 chemicals to Non-States Parties to ensure the transferred chemicals are only used for the purposes not prohibited under the Convention. Proposed Information Collection; Comment Request; Chemical Weapons Convention Provisions of the Export Administration Regulations II. Method of Collection Bureau of Industry and Security, Commerce. ACTION: Notice. OMB Control Number: 0694–0117. Form Number(s): Not applicable. Type of Review: Regular submission extension. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 70. Estimated Time per Response: 36 minutes. Estimated Total Annual Burden Hours: 42 hours. Estimated Total Annual Cost to Public: $0. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before August 24, 2015. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Mark Crace, BIS ICB Liaison, (202) 482–8093, Mark.Crace@ bis.doc.gov. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: SUPPLEMENTARY INFORMATION: I. Abstract The Chemical Weapons Convention (CWC) is a multilateral arms control VerDate Sep<11>2014 16:37 Jun 24, 2015 Jkt 235001 Submitted electronically or on paper. III. Data IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 36507 included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental PRA Lead, Office of the Chief Information Officer. [FR Doc. 2015–15542 Filed 6–24–15; 8:45 am] BILLING CODE 3510–33– P 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; 2008–2009 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 30, 2014, the United States Court of International Trade (the Court) issued final judgment in Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11– 00106, sustaining the Department of Commerce’s (the Department) final results of the third redetermination pursuant to remand.1 Consistent with 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, 2008, through July 31, 2009, and is amending the final results with respect to the weighted-average dumping margin assigned to both Since Hardware (Guangzhou) Co., Ltd. (Since Hardware) and Foshan Shunde Yongjian AGENCY: 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, Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11–00106, Slip Op. 14–44 (CIT April 15, 2014), dated July 8, 2014 (Third Redetermination), available at http:// enforcement.trade.gov/remands/index.htm. E:\FR\FM\25JNN1.SGM 25JNN1 36508 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices Housewares & Hardwares Co., Ltd. (Foshan Shunde).2 DATES: Effective Date: January 9, 2015. 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 April 27, 2011, the Department published its Amended Final Results.3 On April 28, 2011, Foshan Shunde and Since Hardware, exporters of the subject merchandise, timely filed complaints with the Court to challenge certain aspects of the Amended Final Results. The litigation history of this procedure is outlined below. On August 14, 2012, the Court remanded the matter.4 On December 17, 2012, the Department issued its First Redetermination, in which it (1) reconsidered the public availability of the financial statements used in the Final Results, (2) explained why the Department selected the 2006–2007 financial statements of Infiniti Modules (Infiniti) and declined to use the 2008– 2009 financial statements of either Omax Autos (Omax) or Maximaa Systems Limited (Maximaa), (3) defended the Department’s brokerage and handling calculation and responded to the objections raised to that calculation by Foshan Shunde, (4) recalculated labor wage rates to conform with the Court’s decision in Home Products International,5 and (5) recalculated the cotton conversion factor used in the antidumping calculation for Since Hardware.6 asabaliauskas on DSK5VPTVN1PROD with NOTICES 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, 76 FR 15297 (March 21, 2011), and accompanying Issues and Decision Memorandum, as amended by Floor-Standing Metal-Top Ironing Tables and Certain Parts Thereof From the People’s Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Review, 76 FR 23543 (April 27, 2011) (collectively, Amended Final Results). 3 Id. 4 Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11–00106 (August 14, 2012) (Since Hardware I). 5 See Home Products International Inc. v. United States, Court No. 11–00104, Final Results of Redetermination (March 14, 2012) (Home Products International). 6 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, dated December 17, 2012 (First Redetermination). VerDate Sep<11>2014 16:37 Jun 24, 2015 Jkt 235001 Upon consideration of the First Redetermination, on May 30, 2013, the Court affirmed our (1) calculation of Since Hardware’s cotton conversion factor, (2) recalculation of labor expense, (3) decision to reject the financial statements of Omax as a source of financial ratios, and (4) use of World Bank data to derive brokerage and handling expenses.7 The Court also remanded the case to the Department to reconsider: (1) Using financial statements from Maximaa in light of the fact that Infiniti’s statements are noncontemporaneous and present public availability concerns, (2) the respondent’s claim that World Bank data unfairly represent brokerage and handling costs, (3) respondent’s evidence related to port and terminal handling costs based on container size.8 On August 14, 2013, the Department issued its Second Redetermination, in which it further explained its basis for selecting the financial statements of Infiniti over those of Maximaa, (2) recalculated the portion of Foshan Shunde’s brokerage and handling expense related to the container size adjustment, and (3) reconsidered Foshan Shunde’s objections regarding the difference between inland and seaport cities and determined that no adjustment to that calculation is warranted.9 On April 15, 2014, the Court affirmed the Department’s financial statement selection.10 However, the Court remanded for further consideration aspects of the Department’s brokerage and handling calculation, and asked for the Department to address zeroing in a nonmarket economy context.11 On July 8, 2014, the Department filed its Third Redetermination, in which it recalculated the conversion factor for Foshan Shunde, and the labor expense rate for both Since Hardware and Foshan Shunde consistent with the instructions of the Court.12 Also, in the Third Redetermination, under protest, the Department recalculated the brokerage and handling expense for Foshan Shunde based upon the 7 See Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11–00106, Slip Op. 13–69 (May 30, 2013) (Since Hardware II). 8 Id. 9 See Final Results of Redetermination Pursuant to Court Remand Floor Standing Metal Ironing Tables and Certain Parts Thereof from the People’s Republic of China, Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11–00106, dated August 14, 2013 (Second Redetermination). 10 See Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11–00106, Slip Op. 14–44 (April 15, 2014) (Since Hardware III). 11 Id. 12 See generally Third Redetermination. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 instructions set forth by the Court.13 On December 30, 2014, the Court sustained the Department’s Third Redetermination, and entered final judgment.14 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 December 30, 2014, judgment sustaining the Third Redetermination constitutes a final decision of the Court that is not in harmony with the Department’s Amended 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. Second Amended Final Results Because there is now a final court decision, the Department amends the Amended Final Results with respect to the dumping margin of Since Hardware and Foshan Shunde. The revised weighted-average dumping margin for Since Hardware and Foshan Shunde during the period August 1, 2008, through July 31, 2009, is as follows: Exporter Since Hardware (Guangzhou) Co., Ltd. ...... Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. ............................ Weighted average dumping margin (percent) 83.83 18.88 Because there have been no subsequent review for Since Hardware, the revised cash deposit rate for Since Hardware is now 83.33 percent. 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.15 13 Id. 14 See Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 11–00106, Slip Op. 14–159 (December 30, 2014). 15 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 (2010–2011 Final Results). E:\FR\FM\25JNN1.SGM 25JNN1 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices 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. Cash Deposit Requirements In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to collect a cash deposit of 83.33 percent for entries of subject merchandise exported by Since Hardware, effective January 9, 2015, in accordance with the Timken Notice. This notice is issued and published in accordance with sections 516(A)(e), 751(a)(1), and 777(i)(1) of the Act. Dated: June 18, 2015. Paul Piquado, Assistant Secretary for Enforcement & Compliance. [FR Doc. 2015–15630 Filed 6–24–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration asabaliauskas on DSK5VPTVN1PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Scientific Research, Exempted Fishing, and Exempted Educational Activity Submissions. OMB Control Number: 0648–0309. Form Number(s): None. Type of Request: Regular (extension of a currently approved information collection). Number of Respondents: 143. Average Hours per Response: Scientific research plans, 9 hours; scientific research reports, 4 hours; exempted fishing permit requests; 89 hours, exempted fishing permit reports, 15 hours; exempted educational requests, 4 hours; exempted educational reports, 2 hours. Burden Hours: 7,753. Needs and Uses: This request is for extension of a current information collection. VerDate Sep<11>2014 16:37 Jun 24, 2015 Jkt 235001 Fishery regulations do not generally affect scientific research activities conducted by a scientific research vessel. Persons planning to conduct such research are encouraged to submit a scientific research plan to ensure that the activities are considered research and not fishing. The researchers are requested to submit reports of their scientific research activity after its completion. Eligible researchers on board federally permitted fishing vessels that plan to temporarily possess fish in a manner not compliant with applicable fishing regulations for the purpose of collecting scientific data on catch may submit a request for a temporary possession letter of authorization. The researchers are requested to submit reports of their scientific research activity after its completion. The National Marine Fisheries Service (NMFS) may also grant exemptions from fishery regulations for educational or other activities (e.g., using nonregulation gear). The applications for these exemptions must be submitted, as well as reports on activities. Affected Public: Business or other forprofit; individuals or households; not for profit organizations; state, local or tribal governments. Frequency: Annually, on occasion and as required by permits. Respondent’s Obligation: Mandatory. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Dated: June 19, 2015. Sarah Brabson, NOAA PRA Clearance Officer. [FR Doc. 2015–15583 Filed 6–24–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 36509 Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Seafood Inspection and Certification Requirements. OMB Control Number: 0648-0266. Form Number(s): NOAA Forms 89– 800, 89–814, 89–819. Type of Request: Regular (extension of a currently approved information collection). Number of Respondents: 4,260. Average Hours per Response: Contract Request, 15 minutes; label approval, 15 minutes; Inspection Request, 30 minutes. Burden Hours: 19,768. Needs and Uses: This request is for extension of a currently approved information collection. The National Marine Fisheries Service (NMFS) operates a voluntary fee-forservice seafood inspection program (Program) under the authorities of the Agricultural Marketing Act of 1946, as amended, the Fish and Wildlife Act of 1956, and the Reorganization Plan No. 4 of 1970. The regulations for the Program are contained in 50 CFR part 260. The program offers inspection grading and certification services, including the use of official quality grade marks which indicate that specific products have been Federally inspected. Those wishing to participate in the program must request the services and submit specific compliance information. In July 1992, NMFS announced new inspection services, which were fully based on guidelines recommended by the National Academy of Sciences, known as Hazard Analysis Critical Control Point (HACCP). The information collection requirements fall under § 260.15 of the regulations. These guidelines required that a facility’s quality control system have a written plan of the operation, identification of control points with acceptance criteria and a corrective action plan, as well as identified personnel responsible for oversight of the system. Affected Public: Business or other forprofit organizations; not-for-profit institutions; state, local, or tribal government. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36507-36509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15630]


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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; 2008-2009

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 30, 2014, the United States Court of International 
Trade (the Court) issued final judgment in Since Hardware (Guangzhou) 
Co., Ltd. v. United States, Court No. 11-00106, sustaining the 
Department of Commerce's (the Department) final results of the third 
redetermination pursuant to remand.\1\ Consistent with 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, 2008, through July 31, 2009, and is 
amending the final results with respect to the weighted-average dumping 
margin assigned to both Since Hardware (Guangzhou) Co., Ltd. (Since 
Hardware) and Foshan Shunde Yongjian

[[Page 36508]]

Housewares & Hardwares Co., Ltd. (Foshan Shunde).\2\
---------------------------------------------------------------------------

    \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, Since Hardware 
(Guangzhou) Co., Ltd. v. United States, Court No. 11-00106, Slip Op. 
14-44 (CIT April 15, 2014), dated July 8, 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, 76 FR 15297 (March 21, 
2011), and accompanying Issues and Decision Memorandum, as amended 
by Floor-Standing Metal-Top Ironing Tables and Certain Parts Thereof 
From the People's Republic of China: Notice of Amended Final Results 
of Antidumping Duty Administrative Review, 76 FR 23543 (April 27, 
2011) (collectively, Amended Final Results).

---------------------------------------------------------------------------
DATES: Effective Date: January 9, 2015.

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 April 27, 2011, the Department published its Amended Final 
Results.\3\ On April 28, 2011, Foshan Shunde and Since Hardware, 
exporters of the subject merchandise, timely filed complaints with the 
Court to challenge certain aspects of the Amended Final Results. The 
litigation history of this procedure is outlined below.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    On August 14, 2012, the Court remanded the matter.\4\ On December 
17, 2012, the Department issued its First Redetermination, in which it 
(1) reconsidered the public availability of the financial statements 
used in the Final Results, (2) explained why the Department selected 
the 2006-2007 financial statements of Infiniti Modules (Infiniti) and 
declined to use the 2008-2009 financial statements of either Omax Autos 
(Omax) or Maximaa Systems Limited (Maximaa), (3) defended the 
Department's brokerage and handling calculation and responded to the 
objections raised to that calculation by Foshan Shunde, (4) 
recalculated labor wage rates to conform with the Court's decision in 
Home Products International,\5\ and (5) recalculated the cotton 
conversion factor used in the antidumping calculation for Since 
Hardware.\6\
---------------------------------------------------------------------------

    \4\ Since Hardware (Guangzhou) Co., Ltd. v. United States, Court 
No. 11-00106 (August 14, 2012) (Since Hardware I).
    \5\ See Home Products International Inc. v. United States, Court 
No. 11-00104, Final Results of Redetermination (March 14, 2012) 
(Home Products International).
    \6\ 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, dated December 17, 2012 
(First Redetermination).
---------------------------------------------------------------------------

    Upon consideration of the First Redetermination, on May 30, 2013, 
the Court affirmed our (1) calculation of Since Hardware's cotton 
conversion factor, (2) recalculation of labor expense, (3) decision to 
reject the financial statements of Omax as a source of financial 
ratios, and (4) use of World Bank data to derive brokerage and handling 
expenses.\7\ The Court also remanded the case to the Department to 
reconsider: (1) Using financial statements from Maximaa in light of the 
fact that Infiniti's statements are non-contemporaneous and present 
public availability concerns, (2) the respondent's claim that World 
Bank data unfairly represent brokerage and handling costs, (3) 
respondent's evidence related to port and terminal handling costs based 
on container size.\8\
---------------------------------------------------------------------------

    \7\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 11-00106, Slip Op. 13-69 (May 30, 2013) (Since Hardware 
II).
    \8\ Id.
---------------------------------------------------------------------------

    On August 14, 2013, the Department issued its Second 
Redetermination, in which it further explained its basis for selecting 
the financial statements of Infiniti over those of Maximaa, (2) 
recalculated the portion of Foshan Shunde's brokerage and handling 
expense related to the container size adjustment, and (3) reconsidered 
Foshan Shunde's objections regarding the difference between inland and 
seaport cities and determined that no adjustment to that calculation is 
warranted.\9\
---------------------------------------------------------------------------

    \9\ See Final Results of Redetermination Pursuant to Court 
Remand Floor Standing Metal Ironing Tables and Certain Parts Thereof 
from the People's Republic of China, Since Hardware (Guangzhou) Co., 
Ltd. v. United States, Court No. 11-00106, dated August 14, 2013 
(Second Redetermination).
---------------------------------------------------------------------------

    On April 15, 2014, the Court affirmed the Department's financial 
statement selection.\10\ However, the Court remanded for further 
consideration aspects of the Department's brokerage and handling 
calculation, and asked for the Department to address zeroing in a 
nonmarket economy context.\11\
---------------------------------------------------------------------------

    \10\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 11-00106, Slip Op. 14-44 (April 15, 2014) (Since Hardware 
III).
    \11\ Id.
---------------------------------------------------------------------------

    On July 8, 2014, the Department filed its Third Redetermination, in 
which it recalculated the conversion factor for Foshan Shunde, and the 
labor expense rate for both Since Hardware and Foshan Shunde consistent 
with the instructions of the Court.\12\ Also, in the Third 
Redetermination, under protest, the Department recalculated the 
brokerage and handling expense for Foshan Shunde based upon the 
instructions set forth by the Court.\13\ On December 30, 2014, the 
Court sustained the Department's Third Redetermination, and entered 
final judgment.\14\
---------------------------------------------------------------------------

    \12\ See generally Third Redetermination.
    \13\ Id.
    \14\ See Since Hardware (Guangzhou) Co., Ltd. v. United States, 
Court No. 11-00106, Slip Op. 14-159 (December 30, 2014).
---------------------------------------------------------------------------

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 December 30, 2014, 
judgment sustaining the Third Redetermination constitutes a final 
decision of the Court that is not in harmony with the Department's 
Amended 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.

Second Amended Final Results

    Because there is now a final court decision, the Department amends 
the Amended Final Results with respect to the dumping margin of Since 
Hardware and Foshan Shunde. The revised weighted-average dumping margin 
for Since Hardware and Foshan Shunde during the period August 1, 2008, 
through July 31, 2009, is as follows:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Since Hardware (Guangzhou) Co., Ltd.....................           83.83
Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd..           18.88
------------------------------------------------------------------------

    Because there have been no subsequent review for Since Hardware, 
the revised cash deposit rate for Since Hardware is now 83.33 percent. 
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.\15\
---------------------------------------------------------------------------

    \15\ 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 (2010-2011 Final Results).

---------------------------------------------------------------------------

[[Page 36509]]

    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.

Cash Deposit Requirements

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to collect a cash deposit of 83.33 percent for 
entries of subject merchandise exported by Since Hardware, effective 
January 9, 2015, in accordance with the Timken Notice.
    This notice is issued and published in accordance with sections 
516(A)(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: June 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2015-15630 Filed 6-24-15; 8:45 am]
 BILLING CODE 3510-DS-P