[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Notices]
[Page 68562-68563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de07-36]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-822
Notice of Amended Final Results in Accordance With Court
Decision: Helical Spring Lock Washers from the People's Republic of
China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 5, 2007.
SUMMARY: On July 16, 2007, the Court of Appeals for the Federal Circuit
(``CAFC'') affirmed the decision of the U.S. Court of International
Trade (``CIT'') to sustain the Department of Commerce's (``the
Department'') remand redetermination in the tenth administrative review
of the antidumping duty order on helical spring lock washers from the
People's
[[Page 68563]]
Republic of China (``PRC''), for the period October 1, 2002, through
September 30, 2003. In its redetermination, the Department assigned
Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang Wanxin Grp
(ZWG)) (``HSW'') a dumping margin of 19.48 percent, rather than the
0.00 percent calculated in the final results of the 2002-2003
antidumping duty administrative review of helical spring lock washers
from the PRC. As there is now a final and conclusive court decision in
this case, the Department is amending the final results of the 2002-
2003 antidumping duty administrative review of helical spring lock
washers from the PRC. FOR FURTHER INFORMATION CONTACT: Marin Weaver or
Charles Riggle, AD/CVD Operations, Office 8, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-2336 or (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2005, the Department published its final results of
antidumping duty administrative review. See Certain Helical Spring Lock
Washers from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 70 FR 28274 (May 17, 2005)
(``Final Results''), and accompanying Issues and Decisions Memorandum
for the administrative review covering October 1, 2002, through
September 30, 2003. In its Final Results, the Department calculated an
individual rate for the sole respondent, HSW. The petitioner in this
case, Shakeproof Assembly Components Division of Illinois Tool Works
Inc. (``Shakeproof''), filed a court challenge (Court No. 05-00404) to
the Department's Final Results. In the CIT proceeding, the Department
moved for a voluntary remand, which the court granted. In the remand
redetermination, Commerce revisited the methodology employed in the
valuation of zinc plating services and determined to rely solely on the
value submitted by petitioner, Shakeproof. This resulted in a
recalculation of HSW's dumping margin to 19.48 percent. See Final
Results of Redetermination Pursuant to United States Court of
International Trade Remand Order Shakeproof Assembly Components
Division of Illinois Tool Works, Inc., Plaintiff, v. United States,
Defendant, and Hangzhou Spring Washer Co., Ltd., Defendant - Intervenor
(June 2, 2006). On August 25, 2006, the CIT sustained the final remand
redetermination made by the Department. See Shakeproof Assembly v.
United States, Slip Op. 2006-129, 2006 Ct. Intl. Trade LEXIS 132 (CIT
Aug. 25, 2006).
On October 23, 2006, HSW appealed the CIT's decision. Consistent
with the Federal Circuit's decision in Timken Company v. United States,
893 F.2d 337, 341 (Fed. Cir. 1990), on November 30, 2006, the
Department published a ``Notice of Court Decision Not in Harmony with
Final Results of Administrative Review,'' which continued suspension of
liquidation of the subject merchandise until there was a ``final and
conclusive'' decision in this case (71 FR 69204). On July 16, 2007, the
CAFC issued a judgment (without an opinion) affirming the CIT's
decision upholding Commerce's remand redetermination. The CAFC's final
judgment was not in harmony with the Department's Final Results.
Appeals of this decision were due by October 15, 2007, and HSW did not
file an appeal of the CAFC's decision.
Amended Final Results
As the litigation in this case has concluded, the Department is
amending the Final Results. The revised dumping margin in the amended
final results is as follows:
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Exporter Margin
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Hangzhou Spring Washer Co., Ltd. (also known as 19.48 percent
Zhejiang Wanxin Grp (ZWG)).........................
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The Department intends to issue appropriate assessment instructions
to U.S. Customs and Border Protection 15 days after publication of this
notice, and cash deposit instructions to revise the cash deposit rate
for the company listed above, effective as of the publication date of
this notice.
This notice is published in accordance with sections 735(d) and
777(i) of the Tariff Act of 1930, as amended.
Dated: November 23, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-23572 Filed 12-4-07; 8:45 am]
BILLING CODE 3510-DS-S