[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 78967-78968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31756]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-934]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Notice of Decision of the Court of International
Trade Not in Harmony
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 13, 2010, the United States Court of
International Trade (``CIT'') sustained the remand determination made
by the Department of Commerce (the ``Department'') pursuant to the
CIT's remand of the final determination in the antidumping duty
investigation on 1-hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'')
from the People's Republic of China (``PRC'') and ordered the case
dismissed.\1\ This case arises out of the Department's final
determination in the antidumping investigation on HEDP from the PRC.\2\
The final judgment in this case was not in harmony with the
Department's Final Determination.
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\1\ See Changzhou Wujin Fine Chemical Factory Co., Ltd. v.
United States, No. 09-00216, Slip Op. 10-85 (Ct. Int'l Trade Aug. 5,
2010); Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United
States, No. 09-00216, Slip Op. 10-103 (Ct. Int'l Trade Sept. 13,
2010).
\2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 74 FR 10545 (March 11, 2009) (``Final
Determination'').
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DATES: Effective Date: September 23, 2010.
FOR FURTHER INFORMATION CONTACT: Shawn Higgins, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington DC 20230; telephone: (202) 482-0679.
SUPPLEMENTARY INFORMATION: On March 11, 2009, the Department published
its Final Determination in which it determined that HEDP from the PRC
is being, or is likely to be, sold in the United States at less than
fair value as provided in section 735 of the Tariff Act of 1930, as
amended (the ``Act'').\3\
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\3\ Id. at 10545.
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Separate rate respondent companies Changzhou Wujin Fine Chemical
Factory Co., Ltd. (``Wujin Fine'') and Jiangsu Jianghai Chemical Group
Co., Ltd. (``Jiangsu Jianghai'') timely challenged certain aspects of
the Final Determination to the CIT. Among the issues raised before the
CIT was whether the Department properly corroborated the adverse facts
available (``AFA'') rate upon which it relied in calculating the
separate rate.
On February 8, 2010, the CIT granted the United States' motion for
a voluntary remand to reconsider the separate rate assigned to Wujin
Fine and Jiangsu Jianghai after examining whether the Department
corroborated the AFA rate upon which it relied in calculating the
separate rate.\4\ In a remand determination filed on May 3, 2010, the
Department determined that the AFA rate upon which the Department
relied in calculating the separate rate was not corroborated in the
Final Determination.\5\ Consequently, the
[[Page 78968]]
Department calculated a revised separate rate of 15.47 percent for
Wujin Fine and Jiangsu Jianghai relying on a second AFA rate that did
not require corroboration. The CIT sustained the Department's remand
redetermination on August 5, 2010, and subsequently dismissed the
case.\6\
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\4\ See Changzhou Wujin Fine Chemical Factory Co., Ltd. v.
United States, No. 09-00216 (Ct. Int'l Trade Feb. 8, 2010).
\5\ See Final Results of Redetermination Pursuant to Court
Order: Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United
States (May 3, 2010) at 1-9.
\6\ See Changzhou Wujin Fine Chemical Factory Co., Ltd. v.
United States, No. 09-00216, Slip Op. 10-103 (Ct. Int'l Trade Sept.
13, 2010).
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On November 12, 2010, Wujin Fine and Jiangsu Jianghai filed an
appeal with the United States Court of Appeals for the Federal Circuit
(``CAFC'') of the CIT's decision.
Timken Notice
In its decision in Timken Co. v. United States, 893 F.2d 337, 341
(Fed. Cir. 1990) (``Timken''), the CAFC held that, pursuant to section
516A(e) of 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 decision of September 13, 2010, 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. In the event the CIT's decision is
affirmed on appeal, the Department will publish an amended final
determination revising the separate rate assigned to Wujin Fine and
Jiangsu Jianghai and issue revised cash deposit instructions to U.S.
Customs and Border Protection.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: December 10, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-31756 Filed 12-16-10; 8:45 am]
BILLING CODE 3510-DS-P