On April 15, 2011, while affirming other aspects of the Department's remand redetermination inArch Chemicals II,the Court found that Jiheng was not entitled to an offset for chlorine gas discharged during liquefaction because this portion of chlorine gas was not attributable to subject merchandise production. InArch Chemicals III,the Court remanded the proceeding to the Department to eliminate the by-product offset for this portion of chlorine gas and to recalculate the antidumping margin for Jiheng accordingly.
On July 15, 2011, in the Department's final remand redetermination pursuant toArch Chemicals III,and in response to the Court's ruling, the Department removed the quantity of chlorine gas discharged as a result of the liquefaction process of purified chlorine during the chlor-alkali stage of production from Jiheng's by-product offset.
In its decision inTimken,893 F.2d at 341, as clarified byDiamond Sawblades,the CAFC has 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 decision inArch Chemicals III,issued on September 13, 2011, constitutes a final decision of that Court that is not in harmony with the Department'sFinal ResultsandAmended Final Results.This notice is published in fulfillment of the publication requirements ofTimken.Accordingly, the Department will continue the suspension of liquidation of all enjoined entries, pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. The cash deposit rate will remain the company-specific rate established for the subsequent and most recent period during which the respondent was reviewed.See Chlorinated Isocyanurates from the People's Republic of China: Final Results of 2008-2009 Antidumping Duty Administrative Review,75 FR 70212 (November 17, 2010), as amended, 75 FR 76699 (December 9, 2010).
Amended Final Results
Because there is now a final court decision, we are amending theFinal Resultsto reflect the results of theArch Chemicals IIIlitigation. The revised dumping margin is:
Hebei Jiheng Chemicals, Co., Ltd.
In the event the CIT's ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise during the POR from Jiheng on the revised assessment rate calculated by the Department.
This notice is issued and published in accordance with sections 516A(c)(1), 516A(e), and 777(i)(1) of the Act.
Dated: September 30, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.