Notice2024-07075
Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of 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
April 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On March 6, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Star Pipe Products v. United States and ASC Engineered Solutions LLC., Court No. 17-00236, Slip Op. 24-28 (CIT March 6, 2024) (Star Pipe 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 Star Pipe Products (Star Pipe) 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 65 (Wednesday, April 3, 2024)</title>
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[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22993-22994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07075]
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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 of Scope Ruling
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2024, the U.S. Court of International Trade (CIT)
issued its final judgment in Star Pipe Products v. United States and
ASC Engineered Solutions LLC., Court No. 17-00236, Slip Op. 24-28 (CIT
March 6, 2024) (Star Pipe 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 Star Pipe Products (Star Pipe) 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 16, 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 August 17, 2017, Commerce issued its Final Scope Ruling on pipe
fittings from China.\1\ In its Final Scope Ruling, Commerce found that
Star Pipe's ductile iron flanges were within the scope of the AD order
\2\ on pipe fittings from China.\3\ Star Pipe appealed Commerce's Final
Scope Ruling. During the course of litigation, the CIT issued several
remand orders culminating in Star Pipe Products v. United States and
ASC Engineered Solutions, LLC, Court No. 17-00236, Slip Op. 22-127
(November 18, 2022) (Star Pipe IV). In Star Pipe IV, the CIT directed
Commerce to issue a new determination, in a form that would go into
effect if sustained upon judicial review, determining whether Star
Pipe'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 Star Pipe's ductile
iron flanges are outside the scope of the Order.\5\ On March 6, 2024,
the CIT sustained Commerce's Fourth Remand Redetermination.\6\
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\1\ See ``Final Scope Ruling on the Antidumping Duty Order on
Non-Malleable Cast Iron Pipe Fittings from the People's Republic of
China: Request by Star Pipe Products,'' dated August 17, 2017 (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 Star Pipe IV at 3 and 15-18.
\5\ See Final Results of Redetermination Pursuant to Court
Remand, Star Pipe Products v. United States and Anvil International,
Court No. 17-00236, Slip Op. 22-127, dated December 16, 2022 (Fourth
Remand Redetermination), available at <a href="https://access.trade.gov/Resources/remands/22-127.pdf">https://access.trade.gov/Resources/remands/22-127.pdf</a>.
\6\ See Star Pipe 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
[[Page 22994]]
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's March 6,
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 Star Pipe
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 Star Pipe Final Scope Ruling. The period to
appeal the CIT's ruling expires on May 6, 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 Star Pipe's
ductile iron flanges from China. In accordance with the CIT's order
sustaining Commerce's Fourth 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 ductile iron flanges 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)(1) and (e), of the Act.
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-07075 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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