Notice2023-15469
Diamond Sawblades and Parts Thereof, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 21, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On July 12, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v. United States, Consol. Court No. 19-00006, sustaining the U.S. Department of Commerce's (Commerce) remand results pertaining to the antidumping duty administrative review on diamond sawblades and parts thereof from the People's Republic of China (China) covering the period of review, November 1, 2016, through October 31, 2017. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Danyang Weiwang Tools Manufacturing Co., Ltd., Quanzhou Zhongzhi Diamond Tool Co., Ltd., and Chengdu Huifeng New Material Technology Co., Ltd. (collectively, the Separate Rate Respondents).
Full Text
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<title>Federal Register, Volume 88 Issue 139 (Friday, July 21, 2023)</title>
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[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47104-47105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15469]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-900]
Diamond Sawblades and Parts Thereof, From the People's Republic
of China: Notice of Court Decision Not in Harmony With the Final
Results of Antidumping Administrative Review; Notice of Amended Final
Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 12, 2023, the U.S. Court of International Trade (CIT)
issued its final judgment in Danyang Weiwang Tools Manufacturing Co.,
Ltd. et al. v. United States, Consol. Court No. 19-00006, sustaining
the U.S. Department of Commerce's (Commerce) remand results pertaining
to the antidumping duty administrative review on diamond sawblades and
parts thereof from the People's Republic of China (China) covering the
period of review, November 1, 2016, through October 31, 2017. Commerce
is notifying the public that the CIT's final judgment is not in harmony
with Commerce's final results of the administrative review, and that
Commerce is amending the final results with respect to the dumping
margin assigned to Danyang Weiwang Tools Manufacturing Co., Ltd.,
Quanzhou Zhongzhi Diamond Tool Co., Ltd., and Chengdu Huifeng New
Material Technology Co., Ltd. (collectively, the Separate Rate
Respondents).
DATES: Applicable July 24, 2023.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On December 14, 2018, Commerce published its final results in the
2016-2017 antidumping duty administrative review of diamond sawblades
and parts thereof from China.\1\ Commerce applied to non-selected
respondents the separate rate assigned to eligible respondents in the
last completed administrative review prior to the instant review, which
was 82.05 percent.
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\1\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2016-2017, 83 FR 64331 (December 14, 2018) (Final Results),
and accompanying Issues and Decision Memorandum.
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The Separate Rate Respondents appealed Commerce's Final Results. On
January 13, 2023, the CIT remanded the Final Results to Commerce,
granting Commerce's request to consider the effect of recently
completed litigation of the prior administrative review \2\ on the
Final Results.\3\ In its final results of redetermination, issued on
April 7, 2023, Commerce revised the rate (i.e., from 82.05 percent to
41.03 percent) for the Separate Rate Respondents.\4\ The CIT sustained
Commerce's Final Remand.\5\
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\2\ See Bosun Tools Co., Ltd. v. United States, 493 F. Supp. 3d
1351 (CIT 2021), aff'd Bosun Tools Co., Ltd. et al. v. United
States, Court No. 2021-1930 (Fed. Cir. Jan. 10, 2022).
\3\ See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v.
United States, Consol. Court No. 19-00006 (CIT January 13, 2023)
(Remand Order).
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Danyang Weiwang Tools Manufacturing Co., Ltd. et al.,
Consol. Court No. 19-00006 (CIT January 13, 2023), dated April 7,
2023 (Final Remand), available on Commerce's website at <a href="https://access.trade.gov/resources/remands/19-00006.pdf">https://access.trade.gov/resources/remands/19-00006.pdf</a>.
\5\ See Danyang Weiwang Tools Manufacturing Co., Ltd. et al. v.
United States, Consol. Court No. 19-00006, Slip Op. 23-100 (CIT July
12, 2023).
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[[Page 47105]]
Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 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 July 12,
2023, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
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\6\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir.
1990) (Timken).
\7\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Circ. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to the Separate Rate Respondents as
follows:
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Final results rate Remand rate
Company (percent) (percent)
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Chengdu Huifeng New Material 82.05 41.03
Technology Co., Ltd..............
Danyang Weiwang Tools 82.05 41.03
Manufacturing Co., Ltd...........
Quanzhou Zhongzhi Diamond Tool 82.05 41.03
Co., Ltd.........................
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Cash Deposit Requirements
Because Chengdu Huifeng New Material Technology Co., Ltd., and
Quanzhou Zhongzhi Diamond Tool Co., Ltd., have superseding cash deposit
rates, i.e., there have been final results published in a subsequent
administrative review,\8\ we will not issue revised cash deposit
instructions to U.S. Customs and Border Protection (CBP) with respect
to these companies. This notice will not affect the current cash
deposit rate for these exporters.
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\8\ See Diamond Sawblades and Parts Thereof from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination of No Shipments,
and Rescission of Review in Part; 2018-2019, 86 FR 14873 (March 19,
2021), unchanged in Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 46832 (August 20, 2021); see
also Diamond Sawblades and Parts Thereof from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2019-2020, 86
FR 41446 (August 2, 2021), unchanged in Diamond Sawblades and Parts
Thereof from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2019-2020, 86 FR 67905 (November 30, 2021).
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Commerce will issue revised cash deposit instructions to CBP for
Danyang Weiwang Tools Manufacturing Co., Ltd., which does not have a
superseding cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were exported by the Separate Rate
Respondents, and were entered, or withdrawn from warehouse, for
consumption during the period November 1, 2016, through October 31,
2017. These entries will remain enjoined pursuant to the terms of the
injunctions during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise exported by the Separate Rate Respondents in
accordance with 19 CFR 351.212(b). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15469 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 21, 2023.
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