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; 2007-2008, 32289-32291 [2016-12004]

Download as PDF Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Notices (1) 4 States: 0 points (2) 5 States: 5 points (3) 6 States: 10 points (4) 7 States: 15 points (5) More than 7 States: 20 points sradovich on DSK3TPTVN1PROD with NOTICES Phase II—Project Management a. The number of successful multifamily or FLH loan or grant applications the applicant entity has assisted in developing and packaging: (1) 0–5 applications: 0 points (2) 6–10 applications: 10 points (3) 11–15 applications: 20 points (4) 16 or more applications: 30 points b. The number of groups seeking loans or grants for the development of multi-family or FLH projects that the applicant entity has provided training and technical assistance. (1) 0–5 groups: 0 points (2) 6–10 groups: 5 points (3) 11–15 groups: 10 points (4) 16 or more groups: 15 points c. The number of multi-family or FLH projects for which the applicant entity has assisted in estimating development and construction costs and obtaining the necessary permits and clearances: (1) 0–5 projects: 0 points (2) 6–10 projects: 5 points (3) 11–15 projects: 10 points (4) 16 or more projects: 15 points d. The number of times the applicant entity has encountered community opposition and was able to overcome that opposition so that farm labor housing was successfully developed. (1) 0–2 times: 0 points (2) 2–5 times: 5 points (3) 6–10 times: 10 points (4) 11 or more times: 15 points e. The number of times the applicant entity has been able to leverage funding from two or more sources for the development of a multi-family or FLH project. (1) 0–5 times: 0 points (2) 6–10 times: 5 points (3) 11–15 times: 10 points (4) 16 or more times: 15 points f. The number of FLH projects that the applicant entity has assisted with ongoing management (i.e., rent-up, maintenance, etc.): (1) 0–5 FLH projects: 0 points (2) 6–10 FLH projects: 5 points (3) 11–15 FLH projects: 10 points (4) 16 or more FLH projects: 15 points The National Office will rank all preapplications by region and distribute funds to the regions in rank order and within funding limits. Tie Breakers—In the event two or more proposals within a region are scored with an equal amount of points, VerDate Sep<11>2014 18:25 May 20, 2016 Jkt 238001 selections will be made in the following order: (1) If an applicant has already had a proposal selected, their proposal will not be selected. (2) If all or none of the applicants with equivalent scores have already had a proposal selected, the lowest cost proposal will be selected. (3) If two or more proposals have equivalent scores, all or none of the applicants have already had a proposal selected, and the cost is the same, a proposal will be selected by a random lottery drawing. RHS will notify all applicants whether their pre-applications have been accepted or rejected and provide appeal rights under 7 CFR part 11, as appropriate. Reporting. Post-award reporting requirements can be found in the Grant Agreement. Paperwork Reduction Act The reporting requirements contained in this Notice have been approved by the Office of Management and Budget (OMB) under Control Number 0575– 0181. Non-Discrimination Requirements The U.S. Department of Agriculture prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720– 2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., STOP 9410, Washington, DC 20250–9410, or call toll free at (866) 632–9992 (English) or (800) 877–8339 (TDD) or (866) 377–8642 (English Federal—Relay) or (800) 845– 6136 (Spanish Federal—Relay). ‘‘USDA is an equal opportunity provider, employer, and lender.’’ Dated: May 13, 2016. Tony Hernandez, Administrator, Rural Housing Service. [FR Doc. 2016–12068 Filed 5–20–16; 8:45 am] DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–2–2016] Authorization of Production Activity; Foreign-Trade Subzone 249A; GE Generators (Pensacola) L.L.C.; (Wind Turbine Nacelles and Hubs); Pensacola, Florida On January 8, 2016, GE Generators (Pensacola) L.L.C., operator of Subzone 249A, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facility in Pensacola, Florida. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (81 FR 3781, January 22, 2016). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: May 16, 2016. Andrew McGilvray, Executive Secretary. [FR Doc. 2016–12007 Filed 5–20–16; 8:45 am] BILLING CODE 3510–DS–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; 2007–2008 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 7, 2016, the United States Court of International Trade (the CIT or the Court) issued final judgment in Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. and Polder Inc. v. United States, Court No. 10–00059, sustaining the Department of Commerce’s (the Department) final results of the third redetermination pursuant to remand.1 Consistent with 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, Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. and Polder Inc. Continued BILLING CODE 3410–XV–P PO 00000 Frm 00016 Fmt 4703 32289 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1 32290 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Notices 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, 2007, through July 31, 2008, and is amending the final results with respect to the weighted-average dumping margin assigned to Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. (Foshan Shunde).2 DATES: Effective April 18, 2016. 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 sradovich on DSK3TPTVN1PROD with NOTICES On January 20, 2010, the Department published its Final Results.3 On March 17, 2010, Foshan Shunde, an exporter of the subject merchandise, and Polder, Inc., an importer of the subject merchandise, timely filed a complaint with the CIT to challenge certain aspects of the Final Results. The litigation history of this procedure is outlined below. On October 12, 2011, the Court remanded the matter.4 On June 12, 2012, the Department issued its First Redetermination, in which it determined that Foshan Shunde was: (1) Entitled to a separate rate and (2) assigned an adverse facts available v. United States, Court No. 10–00059, Slip Op. 14– 69 (CIT June 25, 2014), dated October 10, 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, 75 FR 3201(January 20, 2010), and accompanying Issues and Decision Memorandum (Final Results). 3 Id. 4 Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, Court No. 10–00059, Slip. Op. 11–123 (October 12, 2011) (Foshan Shunde I). VerDate Sep<11>2014 18:25 May 20, 2016 Jkt 238001 (AFA) rate of 157.68 percent to Foshan Shunde.5 Upon consideration of the First Redetermination, on April 8, 2013, the Court affirmed our assignment of a separate rate to Foshan Shunde.6 The Court, however, remanded the case to the Department to reconsider its corroboration of the 157.68 percent rate assigned to Foshan Shunde. On July 8, 2013, the Department issued its Second Redetermination, in which it explained that available Customs data corroborated to the extent practicable the 157.68 percent rate assigned to Foshan Shunde.7 On June 20, 2014, the Court rejected the corroboration analysis conducted by the Department in its Second Redetermination. The Court remanded the Department’s corroboration of Foshan Shunde’s AFA rate for further consideration.8 On October 10, 2014, the Department filed its Third Redetermination, in which it, under protest, assigned a revised AFA rate of 72.29 percent to Foshan Shunde.9 This 72.29 percent rate was the rate assigned to Separate Rate companies in the less-than-fair value investigation.10 On April 7, 2016, the Court sustained the Department’s Third Redetermination, and entered final judgment.11 5 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 Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, dated June 12, 2012 (First Redetermination). 6 See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, Court No. 10–00059, Slip Op. 13–47 (April 8, 2013) (Foshan Shunde II). 7 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 Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, dated July 8, 2013 (Second Redetermination). 8 See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, Court No. 10–00059, Slip Op. 14–69 (June 20, 2014) (Foshan Shunde III). 9 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 Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, dated October 10, 2014 (Third Redetermination). 10 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Floor Standing Metal-Top Ironing Tables and Certain Parts Thereof From the People’s Republic of China 69 FR 47868 (August 6, 2004). 11 See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, Court No. 10–00059, Slip Op. 16–35 (April 7, 2016). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 April 7, 2016, judgment sustaining the Third Redetermination constitutes a final decision of the Court that is not in harmony with the Department’s 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. Amended Final Results Because there is now a final court decision, the Department amends the Final Results with respect to the dumping margin of Foshan Shunde. The revised weighted-average dumping margin for Foshan Shunde during the period August 1, 2007, through July 31, 2008, is as follows: Exporter Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd ............................. Weighted average dumping margin (percent) 72.29 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.12 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. This notice is issued and published in accordance with sections 516(A)(e), 751(a)(1), and 777(i)(1) of the Act. 12 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 77 FR 55806, (September 11, 2012) (2010–2011 Final Results). E:\FR\FM\23MYN1.SGM 23MYN1 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Notices Dated: May 13, 2016. Paul Piquado, Assistant Secretary, for Enforcement & Compliance. [FR Doc. 2016–12004 Filed 5–20–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) completed its administrative review of the countervailing duty (CVD) order on multilayered wood flooring (wood flooring) from the People’s Republic of China (PRC). The period of review (POR) is January 1, 2013, through December 31, 2013. We find that the mandatory respondents, Dalian Penghong Floor Products Co., Ltd. (Penghong) and The Lizhong Wood Industry Limited Company of Shanghai (Lizhong) (also known as ‘‘Shanghai Lizhong Wood Products Co., Ltd.’’), received countervailable subsidies during the POR. The final net subsidy rates are listed below in ‘‘Final Results of Administrative Review.’’ We are also rescinding the review for five companies that timely certified that they made no shipments of subject merchandise during the POR. DATES: Effective May 23, 2016. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1785. AGENCY: sradovich on DSK3TPTVN1PROD with NOTICES Background On January 11, 2016, the Department published the Preliminary Results of this administrative review.1 In the Preliminary Results, we stated our intent to rescind the review for the seven companies that certified that they made no shipments of subject 1 See Multilayered Wood Flooring From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2013, 81 FR 1169 (January 11, 2016) (Preliminary Results). VerDate Sep<11>2014 18:25 May 20, 2016 Jkt 238001 merchandise during the POR, provided we did not receive information from Customs and Border Protection (CBP) which contradicted these companies’ claims of no sales, shipments, or entries of subject merchandise to the United States during the POR. On February 22, 2016, CBP notified the Department that Linyi Bonn Flooring Manufacturing Co., Ltd. (Linyi Bonn), and Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd. (Changbai Mountain) made shipments to the United States. On February 26, 2016, and March 11, 2016, respectively, these two companies, withdrew their certifications of no shipments.2 We issued an additional supplemental questionnaire to Lizhong on January 12, 2016, and received a response on January 22, 2016.3 On February 17, 2016, we received case briefs from Fine Furniture (Shanghai) Limited (Fine Furniture) and Penghong.4 No party filed a rebuttal brief. Scope of the Order Multilayered wood flooring is composed of an assembly of two or more layers or plies of wood veneer(s) 5 in combination with a core. Imports of the subject merchandise are provided for under the following subheadings of the Harmonized Tariff Schedule of the United States (HTSUS): 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 2 See letter from Linyi Bonn Flooring Manufacturing Co., Ltd., re: ‘‘Correction of Information and Withdrawal of No Shipment Statement’’ dated February 26, 2016; see also letter from Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd., re: ‘‘Multilayered Wood Flooring from The People’s Republic of China: Supplemental Questionnaire Response’’ dated March 11, 2016. 3 See letter from Lizhong re: ‘‘Multilayered Wood Flooring from the People’s Republic of China: Lizhong’s Response to the Third Supplemental Countervailing Duty Questionnaire,’’ (January 22, 2016) (L3SQR). 4 See letter from Fine Furniture, re: ‘‘Administrative Review of the Countervailing Duty Order on Multilayered Wood Flooring from the People’s Republic of China: Case Brief’’ dated February17, 2016; see also letter from Penghong, re: ‘‘Multilayered Wood Flooring from the People’s Republic of China Dalian Penghong Case Brief’’ dated February 17, 2016. 5 A ‘‘veneer’’ is a thin slice of wood, rotary cut, sliced or sawed from a log, bolt or flitch. Veneer is referred to as a ply when assembled. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 32291 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; and 4418.72.9500. While HTSUS subheadings are provided for convenience and customs purposes, the written product description remains dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Final Results of Countervailing Duty Administrative Review: Multilayered Wood Flooring from the People’s Republic of China’’ dated concurrently with this notice (Decision Memorandum), which is hereby adopted by this notice. Analysis of Comments Received All issues raised in the parties’ briefs are addressed in the Decision Memorandum. A list of the issues raised is attached to this notice at Appendix I. The Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov and in the Central Records Unit, Room B8024 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn. The signed Decision Memorandum and the E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Notices]
[Pages 32289-32291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12004]


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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; 2007-2008

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

SUMMARY: On April 7, 2016, the United States Court of International 
Trade (the CIT or the Court) issued final judgment in Foshan Shunde 
Yongjian Housewares & Hardwares Co., Ltd. and Polder Inc. v. United 
States, Court No. 10-00059, sustaining the Department of Commerce's 
(the Department) final results of the third redetermination pursuant to 
remand.\1\ Consistent with

[[Page 32290]]

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, 2007, through 
July 31, 2008, and is amending the final results with respect to the 
weighted-average dumping margin assigned to Foshan Shunde Yongjian 
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, Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd. and Polder Inc. v. United States, 
Court No. 10-00059, Slip Op. 14-69 (CIT June 25, 2014), dated 
October 10, 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, 75 FR 3201(January 20, 
2010), and accompanying Issues and Decision Memorandum (Final 
Results).

---------------------------------------------------------------------------
DATES: Effective April 18, 2016.

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 January 20, 2010, the Department published its Final Results.\3\ 
On March 17, 2010, Foshan Shunde, an exporter of the subject 
merchandise, and Polder, Inc., an importer of the subject merchandise, 
timely filed a complaint with the CIT to challenge certain aspects of 
the Final Results. The litigation history of this procedure is outlined 
below.
---------------------------------------------------------------------------

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

    On October 12, 2011, the Court remanded the matter.\4\ On June 12, 
2012, the Department issued its First Redetermination, in which it 
determined that Foshan Shunde was: (1) Entitled to a separate rate and 
(2) assigned an adverse facts available (AFA) rate of 157.68 percent to 
Foshan Shunde.\5\
---------------------------------------------------------------------------

    \4\ Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., and 
Polder Inc. v. United States, Court No. 10-00059, Slip. Op. 11-123 
(October 12, 2011) (Foshan Shunde I).
    \5\ 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 Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, 
dated June 12, 2012 (First Redetermination).
---------------------------------------------------------------------------

    Upon consideration of the First Redetermination, on April 8, 2013, 
the Court affirmed our assignment of a separate rate to Foshan 
Shunde.\6\ The Court, however, remanded the case to the Department to 
reconsider its corroboration of the 157.68 percent rate assigned to 
Foshan Shunde. On July 8, 2013, the Department issued its Second 
Redetermination, in which it explained that available Customs data 
corroborated to the extent practicable the 157.68 percent rate assigned 
to Foshan Shunde.\7\
---------------------------------------------------------------------------

    \6\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., 
and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 13-47 
(April 8, 2013) (Foshan Shunde II).
    \7\ 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 Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, 
dated July 8, 2013 (Second Redetermination).
---------------------------------------------------------------------------

    On June 20, 2014, the Court rejected the corroboration analysis 
conducted by the Department in its Second Redetermination. The Court 
remanded the Department's corroboration of Foshan Shunde's AFA rate for 
further consideration.\8\
---------------------------------------------------------------------------

    \8\ See Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., 
and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 14-69 
(June 20, 2014) (Foshan Shunde III).
---------------------------------------------------------------------------

    On October 10, 2014, the Department filed its Third 
Redetermination, in which it, under protest, assigned a revised AFA 
rate of 72.29 percent to Foshan Shunde.\9\ This 72.29 percent rate was 
the rate assigned to Separate Rate companies in the less-than-fair 
value investigation.\10\ On April 7, 2016, the Court sustained the 
Department's Third Redetermination, and entered final judgment.\11\
---------------------------------------------------------------------------

    \9\ 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 Foshan Shunde Yongjian 
Housewares & Hardwares Co., Ltd., and Polder Inc. v. United States, 
dated October 10, 2014 (Third Redetermination).
    \10\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Floor Standing Metal-Top 
Ironing Tables and Certain Parts Thereof From the People's Republic 
of China 69 FR 47868 (August 6, 2004).
    \11\ See Foshan Shunde Yongjian Housewares & Hardwares Co., 
Ltd., and Polder Inc. v. United States, Court No. 10-00059, Slip Op. 
16-35 (April 7, 2016).
---------------------------------------------------------------------------

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 April 7, 2016, 
judgment sustaining the Third Redetermination constitutes a final 
decision of the Court that is not in harmony with the Department's 
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.

Amended Final Results

    Because there is now a final court decision, the Department amends 
the Final Results with respect to the dumping margin of Foshan Shunde. 
The revised weighted-average dumping margin for Foshan Shunde during 
the period August 1, 2007, through July 31, 2008, is as follows:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd..           72.29
------------------------------------------------------------------------

    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.\12\
---------------------------------------------------------------------------

    \12\ 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 77 FR 55806, (September 11, 
2012) (2010-2011 Final Results).
---------------------------------------------------------------------------

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


[[Page 32291]]


    Dated: May 13, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement & Compliance.
[FR Doc. 2016-12004 Filed 5-20-16; 8:45 am]
 BILLING CODE 3510-DS-P