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]
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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,
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18:25 May 20, 2016
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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
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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 https://
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).
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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).
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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).
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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).
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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.
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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]
-----------------------------------------------------------------------
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 https://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\
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\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).
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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\
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\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).
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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\
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\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).
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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
