Notice2024-06473
Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results Scope Ruling
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
March 27, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On March 11, 2024, the U.S. Court of International Trade (CIT or Court) issued its final judgment in MCC Holdings dba Crane Resistoflex v. United States and ASC Engineered Solutions LLC., Court No. 18-00248, Slip Op. 24-30 (CIT March 11, 2024) (Crane Slip Op. 24- 28), sustaining the final remand results of the U.S. Department of Commerce (Commerce), pertaining to the final scope ruling on certain non-malleable cast iron pipe fittings (pipe fittings) from the People's Republic of China (China). Commerce is therefore amending its Final Scope Ruling to find that ductile iron flanges exported by MCC Holdings dba Crane Resistoflex (Crane) are not within the scope of the antidumping (AD) order on pipe fittings from China. Commerce is also notifying the public that the CIT's final judgment is not in harmony with the Final Scope Ruling.
Full Text
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<title>Federal Register, Volume 89 Issue 60 (Wednesday, March 27, 2024)</title>
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[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Page 21238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06473]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-875]
Non-Malleable Cast Iron Pipe Fittings From the People's Republic
of China: Notice of Court Decision Not in Harmony With the Final
Results Scope Ruling
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 11, 2024, the U.S. Court of International Trade (CIT
or Court) issued its final judgment in MCC Holdings dba Crane
Resistoflex v. United States and ASC Engineered Solutions LLC., Court
No. 18-00248, Slip Op. 24-30 (CIT March 11, 2024) (Crane Slip Op. 24-
28), sustaining the final remand results of the U.S. Department of
Commerce (Commerce), pertaining to the final scope ruling on certain
non-malleable cast iron pipe fittings (pipe fittings) from the People's
Republic of China (China). Commerce is therefore amending its Final
Scope Ruling to find that ductile iron flanges exported by MCC Holdings
dba Crane Resistoflex (Crane) are not within the scope of the
antidumping (AD) order on pipe fittings from China. Commerce is also
notifying the public that the CIT's final judgment is not in harmony
with the Final Scope Ruling.
DATES: Applicable March 21, 2024.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5831.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2018, Commerce issued its Final Scope Ruling on
pipe fittings from China.\1\ In its Final Scope Ruling, Commerce found
that Crane's ductile iron flanges were within the scope of the AD order
\2\ on pipe fittings from China.\3\ Crane appealed Commerce's final
scope ruling. During the course of litigation, the CIT issued several
remand orders culminating in MCC Holdings dba Crane Resistoflex v.
United States and ASC Engineered Solutions, LLC, Court No. 18-00248,
Slip Op. 22-128 (November 18, 2022) (Crane III). In Crane III, the CIT
directed Commerce to issue a new determination, based on reasoning that
did not misconstrue a previous decision of the court and in a form that
would go into effect if sustained upon judicial review, determining
whether Crane's ductile iron flanges are within the scope of the
Order.\4\ Pursuant to the CIT's instructions, on remand, and under
respectful protest, on December 16, 2022, Commerce found that Crane's
ductile iron flanges are outside the scope of the Order.\5\ On March
11, 2024, the CIT sustained Commerce's Third Remand Redetermination.\6\
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\1\ See Memorandum, ``Final Scope Ruling on the Antidumping Duty
Order on Non-Malleable Cast Iron Pipe Fittings from the People's
Republic of China: MCC Holdings dba Crane Resistoflex,'' dated
November 19, 2018 (Final Scope Ruling).
\2\ See Notice of Antidumping Duty Order: Non-Malleable Cast
Iron Pipe Fittings from the People's Republic of China, 68 FR 16765
(April 7, 2003) (Order).
\3\ See Final Scope Ruling.
\4\ See Crane III at 18-19.
\5\ See Final Results of Redetermination Pursuant to Court
Remand, MCC Holdings dba Crane Resistoflex v. United States and ASC
Engineered Solutions, LLC Court No. 18-00248, Slip Op. 22-128
(December 16, 2022) (Third Remand Redetermination) available at:
<a href="https://access.trade.gov/Resources/remands/22-128.pdf">https://access.trade.gov/Resources/remands/22-128.pdf</a>.
\6\ See Crane Slip Op. 24-28.
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Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
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 a 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 March 11, 2024, judgment constitutes a final decision of the CIT
that is not in harmony with Commerce's final scope ruling. This notice
is published in fulfillment of the publication requirements of Timken.
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\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling
There is now a final scope decision with respect to the Final Scope
Ruling. Therefore, Commerce is amending its Final Scope Ruling and
finds that the scope of the Order does not cover the products addressed
in the Final Scope Ruling. The period to appeal the CIT's ruling
expires on May 10, 2024. Commerce will instruct U.S. Customs and Border
Protection (CBP) that, pending any appeals, the cash deposit rate will
be zero percent for entries of Crane's ductile iron flanges from China.
In accordance with the CIT's order sustaining Commerce's third final
remand redetermination, Commerce intends to, with the publication of
this notice, issue instructions to CBP to lift suspension of
liquidation of such entries, and to liquidate entries of the door
thresholds without regard to antidumping duties, with consideration for
any potential appeal of the CIT's final judgement.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), of the Act.
Dated: March 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-06473 Filed 3-26-24; 8:45 am]
BILLING CODE 3510-DS-P
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