See Globe,781 F. Supp. 2d at 1357.
See id.at 5.
On September 5, 2012, the CIT sustained the Department's Redetermination and entered judgment accordingly.11
See Globe Metallurgical Inc.v.United States,Ct. No. 10-00032, Slip Op. 12-114 (Sept. 5, 2011) (“Globe II”).
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 September 5, 2012, judgment sustaining the Department's remand redetermination continuing to exclude profit on the sale of a fixed asset from SG&A, excluding profit on the sale of a fixed asset from the profit calculation, and including miscellaneous receipts as an offset to SG&A, constitutes a final decision of that court that is not in harmony with the Department'sFinal Results.This notice is published in fulfillment of the publication requirements ofTimken.Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or if appealed, pending a final and conclusive court decision.
Amended Final Results
Because there is now a final court decision with respect to theFinal Results,the Department amends itsFinal Results.The Department finds the following revised margins to exist:
Silicon Metal From the PRC
Jiangxi Gangyuan Silicon Industry Co., Ltd
Shanghai Jinneng International Trade Co., Ltd
The cash deposit rate will remain the company-specific rate established for Shanghai Jinneng for the most recent period during which each respondent was reviewed.12
For Jiangxi Gangyuan, the cash deposit rate will be the rate listed above and the Department will instruct U.S. Customs and Border Protection accordingly. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
See Silicon Metal from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 54563 (September 5, 2012).
Dated: September 12, 2012.
Assistant Secretary for Import Administration.