Certain Steel Threaded Rod From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Sales at Less-Than-Fair-Value and Notice of Amended Final Determination of Sales at Less-Than-Fair-Value and Amended Antidumping Duty Order Pursuant to Court Decision
On April 21, 2011, in litigation arising out of the Department of Commerce's (``Department'') final determination in the less-than- fair-value (``LTFV'') investigation of certain steel threaded rod (``steel threaded rod'') from the People's Republic of China (``PRC''),\1\ the United States Court of International Trade (``CIT'') sustained the Department's results of redetermination. Pursuant to the CIT's remand order in Jiaxing Brother Fastener Co., Ltd. v. United States, Consol. Court No. 09-00205, Slip Op. 10-128 (November 16, 2010) (``Jiaxing Brother''), the Department found that the financial statements of the Indian company, Rajratan Global Wire Ltd. (``Rajratan''), are an appropriate source of data for calculating the surrogate financial ratios. See Jiaxing Brother Fastener Co., Ltd. v. United States, Consol. Court No. 09-00205, Slip Op. 11-44 (April 21, 2011) (``Jiaxing Brother II''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') 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 Determination and is amending its Final Determination and Antidumping Duty Order.