Subsequent to completion of its administrative review under the antidumping duty order on polyester staple fiber from Taiwan, FENC challenged certain aspects of the Department'sFinal Resultsat the CIT. On August 29, 2012, the CIT remanded to the Department its calculation of FENC's dumping margin to correct certain ministerial errors.8
The Department filed itsRemand Resultson October 15, 2012. On November 14, 2012, the CIT upheld the Department'sRemand Resultswherein we recalculated FENC's dumping margin employing the results of theFinal Results'comparison market calculations rather than those calculated for thePreliminary Results.
See FENC Remand Order.
See Certain Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review,76 FR 22366 (April 21, 2011).
In its decision inTimken,as clarified byDiamond Sawblades,the CAFC has held that, pursuant to section 516(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.10
The CIT's November 14, 2012, judgment sustaining theRemand Resultsconstitutes a final decision of that court that is not in harmony with theFinal 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. 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 Timken,893 F.2d at 341.
Amended Final Results
Because there is now a final court decision with respect to FENC, we are amending theFinal Resultswith respect to the margin for FENC. The revised dumping margin is as follows:
Producer and exporter
Far Eastern New Century Corporation
If 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 produced and exported by FENC during the POR at 0.75 percent.
This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: November 23, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.