Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Notice of Court Decision Not in Harmony With Amended Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination, Amended Antidumping Duty Order; Notice of Revocation of Antidumping Duty Order, in Part, 28749-28750 [2021-11466]
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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices
(FTZ) Board docketed an application
submitted by the Port Authority of New
York and New Jersey, grantee of FTZ 49,
requesting subzone status subject to the
existing activation limit of FTZ 49, on
behalf of Woodfield Distribution LLC, in
Dayton, New Jersey.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (86 FR 19220, April 13, 2021).
The FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR
400.36(f)), the application to establish
Subzone 49V was approved on May 25,
2021, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 49’s
2,000-acre activation limit.
Dated: May 25, 2021.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2021–11347 Filed 5–27–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–831]
Carbon and Alloy Steel Wire Rod From
the Republic of Turkey: Notice of Court
Decision Not in Harmony With
Amended Final Determination of
Antidumping Duty Investigation;
Notice of Amended Final
Determination, Amended Antidumping
Duty Order; Notice of Revocation of
Antidumping Duty Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 20, 2021, the United
States Court of International Trade (CIT)
issued its final judgment in Icdas Celik
Enerji Tersane ve Ulasim Sanayi, A.S.,
et al. v. United States, Consol. Court no.
18–000143, sustaining the Department
of Commerce (Commerce)’s second
remand determination pertaining to the
antidumping duty (AD) investigation of
carbon and alloy steel wire rod (wire
rod) from the Republic of Turkey
(Turkey) covering the period of
investigation January 1, 2016, through
December 31, 2016. Commerce is
notifying the public that the CIT’s final
judgement is not in harmony with
Commerce’s amended final
determination in that investigation, and
that Commerce is amending the
amended final determination and the
AGENCY:
VerDate Sep<11>2014
17:28 May 27, 2021
Jkt 253001
resulting AD order with respect to the
dumping margin assigned to producer
and/or exporter Icdas Celik Enerji
Tersane ve Ulasim Sanayi A.S. (Icdas)
and all other producers and/or
exporters. In addition, Commerce is
amending the amended final
determination to exclude merchandise
produced and exported by Habas Sinai
ve Tibbi Gazlar Istihsal Endustrisi A.S.
(Habas) from the order.
DATES: Applicable May 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, AD/CVD Operations, Office
V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0176.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2018, Commerce
published its Final Determination in the
AD investigation of wire rod from
Turkey.1 After correcting a ministerial
error contained in the Final
Determination, on May 21, 2018,
Commerce published the Amended
Final Determination and Order, and
calculated a revised weighted-average
dumping margin of 4.93 percent for
Habas, 7.94 percent for Icdas, and 6.44
percent for all other producers/exporters
of subject merchandise.2
Icdas and Habas appealed
Commerce’s Final Determination, as
modified by the Amended Final
Determination and Order. On January
28, 2020, the CIT remanded the
Amended Final Determination and
Order to Commerce, directing
Commerce to recalculate Habas’ and
Icdas’ duty drawback adjustments using
a different calculation methodology
than the duty neutral methodology
Commerce applied in the Final
Determination, which allocated the duty
drawback over total cost of production.3
In its first remand redetermination,
issued in April 2020, Commerce
recalculated Icdas’ and Habas’ duty
drawback adjustment by adding the full
1 See Carbon and Alloy Steel Wire Rod from
Turkey: Final Determination of Sales at Less Than
Fair Value and Final Negative Determination of
Critical Circumstances, 83 FR 13249 (March 28,
2018) (Final Determination), and accompanying
Issues and Decision Memorandum (IDM).
2 See Carbon and Alloy Steel Wire Rod from Italy,
the Republic of Korea, Spain, the Republic of
Turkey, and the United Kingdom: Antidumping
Duty Orders and Amended Final Affirmative
Antidumping Duty Determinations for Spain and
the Republic of Turkey, 83 FR 23417–18 (May 21,
2018) (Amended Final Determination and Order).
3 See Icdas Celik Enerji Tersane ve Ulasim
Sanayi, A.S., et al. v. United States, Consol. Court
No. 18–00143, Slip Op. 20–10 (January 28, 2020)
(First Remand Order) at 30.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
28749
amount of exempted duties to Habas’
and Icdas’ U.S. price, and adding the
same per-unit duty amount to normal
value as a circumstance-of-sale
adjustment.4 As a result of the changes
in the First Results of Redetermination,
Commerce calculated estimated
weighted-average dumping margins of
3.22 percent for Habas, 8.72 percent for
Icdas, and 4.78 percent for all other
producers/exporters of subject
merchandise.5 The CIT remanded
Commerce’s determination for a second
time, ordering Commerce to recalculate
normal value without making a
circumstance-of-sale adjustment related
to the duty drawback adjustment made
to U.S. price.6
In its final remand redetermination,
issued in December 2020, Commerce
calculated a duty drawback adjustment
for Habas and Icdas without making a
circumstance-of-sale adjustment to
normal value, resulting in a revised
weighted-average dumping margin of
0.00 percent for Habas, and 4.44 percent
for Icdas and all other producers/
exporters of subject merchandise.7
The CIT sustained Commerce’s final
redetermination.8
Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the Court of
Appeals for the Federal Circuit (CAFC)
held that, pursuant to sections 516A(c)
and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must
publish a notice of court decision that
is not ‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
May 20, 2021, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Amended
Final Determination and Order. Thus,
4 See Final Results of Redetermination Pursuant
to Court Remand, Icdas Celik Enerji Tersane ve
Ulasim Sanayi, A.S., et al. v. United States, Consol.
Ct. No. 18–00143, Slip Op. 20–10, dated April 27,
2020 (First Results of Redetermination).
5 Id. at 44.
6 See Icdas Celik Enerji Tersane ve Ulasim
Sanayi, A.S., et al. v. United States, Consol. Court
No. 18–00143, Slip Op. 20–137 (Sept. 23, 2020)
(Second Remand Order) at 17.
7 See Final Results of Redetermination Pursuant
to Second Court Remand, Icdas Celik Enerji Tersane
ve Ulasim Sanayi, A.S., et al. v. United States,
Consol. Ct. No. 18–00143, Slip Op. 20–137, dated
December 11, 2020 (Second Results of
Redetermination).
8 See Icdas Celik Enerji Tersane ve Ulasim
Sanayi, A.S., et al. v. United States, Consol. Court
No. 18–00143, Slip Op. 21–65 (May 20, 2021) (CIT
Final Judgment).
9 See Timken Co. v United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
E:\FR\FM\28MYN1.SGM
28MYN1
28750
Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices
this notice is published in fulfillment of
the publication requirements of Timken.
Amended Final Determination and
Antidumping Duty Order
Because there is now a final court
judgment, Commerce is amending its
Amended Final Determination and
Order with respect to Habas, Icdas, and
all other producers/exporters as follows:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S 11 ...............................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ......................................................................................
All Others .....................................................................................................................................................
Notice of Revocation of Antidumping
Duty Order, in Part
Pursuant to section 735(a)(4) of the
Act, Commerce ‘‘shall disregard any
weighted average dumping margin that
is de minimis as defined in section
733(b)(3) of the Act.’’ 12 As a result of
this amended final determination,
Commerce is hereby excluding from this
Order merchandise produced and
exported by Habas, for which Commerce
has calculated an estimated weightedaverage dumping margin of 0.00
percent.13 This exclusion will not be
applicable to merchandise exported to
the United States by Habas in any other
producer/exporter combination or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combination.14 As a
result of the exclusion, Commerce will
not initiate any new administrative
reviews of the AD order with respect to
merchandise produced and exported by
Habas. However, a review may be
conducted with regard to merchandise
produced by Habas and exported by
another company or produced by any
other company and exported by Habas,
as such merchandise is not subject to
exclusion.
Cash Deposit Requirements for Icdas
and All Other Producers/Exporters
Because Icdas and all other
producers/exporters do not have
superseding cash deposit rates, i.e.,
there have been no final results
published in subsequent administrative
reviews for Icdas and all other
producers/exporters, Commerce will
issue revised cash deposit instructions
to U.S. Customs and Border Protection
(CBP).
11 As discussed below in the ‘‘Liquidation of
Suspended Entries’’ section, entries produced and
exported by Habas are excluded from the AD order.
12 Section 733(b)(3) of the Act defines de minimis
dumping margin as ‘‘less than 2 percent ad valorem
or the equivalent specific rate for the subject
merchandise.’’
13 See Second Results of Redetermination at 7.
14 Id.
VerDate Sep<11>2014
17:28 May 27, 2021
Jkt 253001
Cash deposit
rate
(adjusted for
export subsidies)
0.00
4.44
4.44
Liquidation of Suspended Entries
DEPARTMENT OF COMMERCE
As a result of this Amended Final
Determination and Order, in which
Commerce calculated a revised
weighted-average dumping margin of
0.00 percent for Habas, Commerce is
hereby excluding merchandise
produced and exported by Habas from
the AD order. Accordingly, for entries of
merchandise produced and exported by
Habas that were entered, or withdrawn
from warehouse for consumption, prior
to May 30, 2021, Commerce will direct
CBP to liquidate such entries without
regard to antidumping duties.
For entries of merchandise produced
and exported by Habas that were
entered, or withdrawn from warehouse
for consumption, on or after May 30,
2021, Commerce will direct CBP to
continue the suspension of liquidation
at a cash deposit rate of 0.00 percent.
Pursuant to Timken,15 as clarified by
Diamond Sawblades,16 under sections
516A(c) and (e) of the Act, Commerce
must suspend liquidation of such
entries pending a ‘‘conclusive’’ court
decision. If the CIT’s ruling is not
appealed, or if appealed and upheld,
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate entries produced and
exported by Habas, and entered on or
after May 30, 2021, without regard to
antidumping duties.
International Trade Administration
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e), and 777(i) of the Act.
Dated: May 25, 2021.
Christian Marsh,
Acting Assistant Secretary, for Enforcement
and Compliance.
[FR Doc. 2021–11466 Filed 5–27–21; 8:45 am]
BILLING CODE 3510–DS–P
15 See
16 See
PO 00000
Timken, 893 F.2d 337.
Diamond Sawblades, 626 F.3d 1374.
Frm 00004
Fmt 4703
Sfmt 4703
0.00
0.65
0.65
[A–570–090]
Certain Steel Trailer Wheels 12 to 16.5
Inches in Diameter From the People’s
Republic of China: Rescission of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on certain steel
trailer wheels 12 to 16.5 inches in
diameter (steel wheels) from the
People’s Republic of China (China) for
the period April 22, 2019, through
August 31, 2020.
DATES: Applicable May 28, 2021.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 30, 2020, based on timely
requests for review of five companies by
TRAILSTAR LLC (Trailstar),1 Trans
Texas Tire, LLC (Trans Texas),2 and
Rimco Inc. (Rimco),3 Commerce
1 See Trailstar’s Letter, ‘‘Request for
Administrative Review of the Antidumping Duty
Order on Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China,’’
dated September 30, 2020 (Trailstar’s Review
Request) (requesting review of Zhejiang Jingu
Company Limited).
2 See Trans Texas’ Letter, ‘‘Request for
Administrative Review of the Antidumping Duty
Order on Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China,’’
dated September 30, 2020 (Trans Texas’ Review
Request) (requesting review of Xingmin Intelligent
Transportation Systems (Group) Co., Ltd.).
3 See Rimco’s Letter, ‘‘Antidumping Duty Order,
Certain Steel Wheels 12 to 16.5 Inches from the
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28749-28750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11466]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-831]
Carbon and Alloy Steel Wire Rod From the Republic of Turkey:
Notice of Court Decision Not in Harmony With Amended Final
Determination of Antidumping Duty Investigation; Notice of Amended
Final Determination, Amended Antidumping Duty Order; Notice of
Revocation of Antidumping Duty Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 20, 2021, the United States Court of International
Trade (CIT) issued its final judgment in Icdas Celik Enerji Tersane ve
Ulasim Sanayi, A.S., et al. v. United States, Consol. Court no. 18-
000143, sustaining the Department of Commerce (Commerce)'s second
remand determination pertaining to the antidumping duty (AD)
investigation of carbon and alloy steel wire rod (wire rod) from the
Republic of Turkey (Turkey) covering the period of investigation
January 1, 2016, through December 31, 2016. Commerce is notifying the
public that the CIT's final judgement is not in harmony with Commerce's
amended final determination in that investigation, and that Commerce is
amending the amended final determination and the resulting AD order
with respect to the dumping margin assigned to producer and/or exporter
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and all other
producers and/or exporters. In addition, Commerce is amending the
amended final determination to exclude merchandise produced and
exported by Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
(Habas) from the order.
DATES: Applicable May 30, 2021.
FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0176.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2018, Commerce published its Final Determination in
the AD investigation of wire rod from Turkey.\1\ After correcting a
ministerial error contained in the Final Determination, on May 21,
2018, Commerce published the Amended Final Determination and Order, and
calculated a revised weighted-average dumping margin of 4.93 percent
for Habas, 7.94 percent for Icdas, and 6.44 percent for all other
producers/exporters of subject merchandise.\2\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Turkey: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 83 FR 13249 (March 28,
2018) (Final Determination), and accompanying Issues and Decision
Memorandum (IDM).
\2\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417-18 (May 21, 2018) (Amended Final Determination and Order).
---------------------------------------------------------------------------
Icdas and Habas appealed Commerce's Final Determination, as
modified by the Amended Final Determination and Order. On January 28,
2020, the CIT remanded the Amended Final Determination and Order to
Commerce, directing Commerce to recalculate Habas' and Icdas' duty
drawback adjustments using a different calculation methodology than the
duty neutral methodology Commerce applied in the Final Determination,
which allocated the duty drawback over total cost of production.\3\
---------------------------------------------------------------------------
\3\ See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et
al. v. United States, Consol. Court No. 18-00143, Slip Op. 20-10
(January 28, 2020) (First Remand Order) at 30.
---------------------------------------------------------------------------
In its first remand redetermination, issued in April 2020, Commerce
recalculated Icdas' and Habas' duty drawback adjustment by adding the
full amount of exempted duties to Habas' and Icdas' U.S. price, and
adding the same per-unit duty amount to normal value as a circumstance-
of-sale adjustment.\4\ As a result of the changes in the First Results
of Redetermination, Commerce calculated estimated weighted-average
dumping margins of 3.22 percent for Habas, 8.72 percent for Icdas, and
4.78 percent for all other producers/exporters of subject
merchandise.\5\ The CIT remanded Commerce's determination for a second
time, ordering Commerce to recalculate normal value without making a
circumstance-of-sale adjustment related to the duty drawback adjustment
made to U.S. price.\6\
---------------------------------------------------------------------------
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v.
United States, Consol. Ct. No. 18-00143, Slip Op. 20-10, dated April
27, 2020 (First Results of Redetermination).
\5\ Id. at 44.
\6\ See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et
al. v. United States, Consol. Court No. 18-00143, Slip Op. 20-137
(Sept. 23, 2020) (Second Remand Order) at 17.
---------------------------------------------------------------------------
In its final remand redetermination, issued in December 2020,
Commerce calculated a duty drawback adjustment for Habas and Icdas
without making a circumstance-of-sale adjustment to normal value,
resulting in a revised weighted-average dumping margin of 0.00 percent
for Habas, and 4.44 percent for Icdas and all other producers/exporters
of subject merchandise.\7\
---------------------------------------------------------------------------
\7\ See Final Results of Redetermination Pursuant to Second
Court Remand, Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et
al. v. United States, Consol. Ct. No. 18-00143, Slip Op. 20-137,
dated December 11, 2020 (Second Results of Redetermination).
---------------------------------------------------------------------------
The CIT sustained Commerce's final redetermination.\8\
---------------------------------------------------------------------------
\8\ See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et
al. v. United States, Consol. Court No. 18-00143, Slip Op. 21-65
(May 20, 2021) (CIT Final Judgment).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the Court of Appeals for the Federal Circuit (CAFC) held
that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930,
as amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's May 20, 2021, judgment constitutes a final decision of the
CIT that is not in harmony with Commerce's Amended Final Determination
and Order. Thus,
[[Page 28750]]
this notice is published in fulfillment of the publication requirements
of Timken.
---------------------------------------------------------------------------
\9\ See Timken Co. v United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Determination and Antidumping Duty Order
Because there is now a final court judgment, Commerce is amending
its Amended Final Determination and Order with respect to Habas, Icdas,
and all other producers/exporters as follows:
------------------------------------------------------------------------
Cash deposit
Weighted- average rate (adjusted
Producer/exporter dumping margin for export
(percent) subsidies)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar 0.00 0.00
Istihsal Endustrisi A.S \11\.....
Icdas Celik Enerji Tersane ve 4.44 0.65
Ulasim Sanayi A.S................
All Others........................ 4.44 0.65
------------------------------------------------------------------------
Notice of Revocation of Antidumping Duty Order, in Part
---------------------------------------------------------------------------
\11\ As discussed below in the ``Liquidation of Suspended
Entries'' section, entries produced and exported by Habas are
excluded from the AD order.
---------------------------------------------------------------------------
Pursuant to section 735(a)(4) of the Act, Commerce ``shall
disregard any weighted average dumping margin that is de minimis as
defined in section 733(b)(3) of the Act.'' \12\ As a result of this
amended final determination, Commerce is hereby excluding from this
Order merchandise produced and exported by Habas, for which Commerce
has calculated an estimated weighted-average dumping margin of 0.00
percent.\13\ This exclusion will not be applicable to merchandise
exported to the United States by Habas in any other producer/exporter
combination or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.\14\ As a result of the
exclusion, Commerce will not initiate any new administrative reviews of
the AD order with respect to merchandise produced and exported by
Habas. However, a review may be conducted with regard to merchandise
produced by Habas and exported by another company or produced by any
other company and exported by Habas, as such merchandise is not subject
to exclusion.
---------------------------------------------------------------------------
\12\ Section 733(b)(3) of the Act defines de minimis dumping
margin as ``less than 2 percent ad valorem or the equivalent
specific rate for the subject merchandise.''
\13\ See Second Results of Redetermination at 7.
\14\ Id.
---------------------------------------------------------------------------
Cash Deposit Requirements for Icdas and All Other Producers/Exporters
Because Icdas and all other producers/exporters do not have
superseding cash deposit rates, i.e., there have been no final results
published in subsequent administrative reviews for Icdas and all other
producers/exporters, Commerce will issue revised cash deposit
instructions to U.S. Customs and Border Protection (CBP).
Liquidation of Suspended Entries
As a result of this Amended Final Determination and Order, in which
Commerce calculated a revised weighted-average dumping margin of 0.00
percent for Habas, Commerce is hereby excluding merchandise produced
and exported by Habas from the AD order. Accordingly, for entries of
merchandise produced and exported by Habas that were entered, or
withdrawn from warehouse for consumption, prior to May 30, 2021,
Commerce will direct CBP to liquidate such entries without regard to
antidumping duties.
For entries of merchandise produced and exported by Habas that were
entered, or withdrawn from warehouse for consumption, on or after May
30, 2021, Commerce will direct CBP to continue the suspension of
liquidation at a cash deposit rate of 0.00 percent. Pursuant to
Timken,\15\ as clarified by Diamond Sawblades,\16\ under sections
516A(c) and (e) of the Act, Commerce must suspend liquidation of such
entries pending a ``conclusive'' court decision. If the CIT's ruling is
not appealed, or if appealed and upheld, Commerce will instruct CBP to
terminate the suspension of liquidation and to liquidate entries
produced and exported by Habas, and entered on or after May 30, 2021,
without regard to antidumping duties.
---------------------------------------------------------------------------
\15\ See Timken, 893 F.2d 337.
\16\ See Diamond Sawblades, 626 F.3d 1374.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), and 777(i) of the Act.
Dated: May 25, 2021.
Christian Marsh,
Acting Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2021-11466 Filed 5-27-21; 8:45 am]
BILLING CODE 3510-DS-P
