[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63079-63080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25209]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Drawn Stainless Steel Sinks From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Determination of 
Antidumping Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 27, 2014, the United States Court of International 
Trade (``CIT'' or ``Court'') issued its final judgment affirming the 
Department of Commerce's (``the Department'') final results of 
redetermination pursuant to remand of the final determination of the 
antidumping duty investigation concerning drawn stainless steel sinks 
from the People's Republic of China (``PRC'').\1\ Consistent with the 
decision of the 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 \2\ 
and is amending the final determination of the investigation with 
respect to the margin assigned to Shenzen Kehuaxing Industrial Ltd. 
(``Kehuaxing''), an exporter and producer of subject merchandise.
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    \1\ See Artisan Mfg. Corp. v. United States, Ct. No. 13-00169 
(CIT, June 27, 2014) (Court Order affirming remand redetermination).
    \2\ See Drawn Stainless Steel Sinks From the People's Republic 
of China: Investigation, Final Determination, 78 FR 13019 (February 
26, 2013), amended by Drawn Stainless Steel Sinks from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013) 
(collectively, ``Final Determination'').

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DATES: Effective Date: July 7, 2014.

FOR FURTHER INFORMATION CONTACT: Mandy Mallott, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6430.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final 
Determination, Kehuaxing and its importer, Artisan Manufacturing 
Corporation (``Artisan''), filed a complaint with the CIT to challenge 
the rate assigned to Kehuaxing in the Final Determination.

[[Page 63080]]

    On May 5, 2014, the Court issued a remand order to the Department 
regarding the assignment of the 76.53 percent PRC-wide rate to 
Kehuaxing, which resulted from the Department's rejection of 
Kehuaxing's untimely filed quantity and value questionnaire response, 
and the Department's subsequent rejection of Kehuaxing's separate rate 
application.\3\ Pursuant to the Court's directive in the Remand Order, 
we requested and Kehuaxing timely provided these submissions for the 
record. We conducted a separate rate analysis and found that Kehuaxing 
demonstrated the absence of both de jure and de facto government 
control over its export activities and is thus eligible for a separate 
rate.\4\
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    \3\ See Artisan Mfg. Corp. v. United States, 978 F. Supp. 2d 
1334 (Ct. Int'l Trade 2014) (``Remand Order'').
    \4\ See Final Results Of Redetermination Pursuant To Court 
Remand, Artisan Manufacturing Corp. v. United States, Court No. 13-
00169; Slip Op. 14-52 (CIT 2014), dated June 4, 2014, available at 
http://enforcement.trade.gov/remands/index.html.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's June 27, 2014 
judgment in this case constitutes a final decision of that court that 
is not in harmony with the Department's Final Determination. This 
notice is published in fulfillment of the publication requirements of 
Timken.

Amended Final Determination

    Because there is now a final court decision with respect to this 
case, the Department is amending the Final Determination with respect 
to Kehuaxing's weighted-average dumping margin, effective July 7, 2014. 
The revised weighted-average dumping margin is as follows:

------------------------------------------------------------------------
           Exporter                    Producer          Percent margin
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Shenzen Kehuaxing Industrial    Shenzen Kehuaxing                33.51%
 Ltd.                            Industrial Ltd.
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    Because no party appealed the CIT's decision before the period of 
appeal expired on August 26, 2014, the CIT's decision is now final and 
conclusive. Accordingly, the Department will instruct CBP to collect 
cash deposits for entries of subject merchandise exported and produced 
by Kehuaxing equal to the weighted-average dumping margin listed above, 
effective July 7, 2014, adjusted, where appropriate, for export 
subsidies and domestic subsidy pass-through offsets.
    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-25209 Filed 10-21-14; 8:45 am]
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