AD: China and Korea Diamond Sawblades and Parts
The International Trade Administration has issued a "Timken" notice of a Court of International Trade (CIT) decision not in harmony with the International Trade Commission's final negative injury determinations in the antidumping duty investigations of diamond sawblades and parts thereof from China and Korea.
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(The ITC made negative injury determinations in June 2006, and terminated the subject investigations after the ITA's final affirmative AD duty determinations.
See ITT's Online Archives or 06/21/06 news, 06062125, for BP summary of the ITC's negative injury determinations. See ITT's Online Archives or 05/23/06 news, 06052325 and 06052320, for BP summaries of the ITA's final affirmative AD duty determinations.)
Upon court-ordered remand in Diamond Sawblades Mfrs. Coalition v. U.S., the ITC issued an amended determination that an industry in the U.S. is threatened with material injury by reason of imports of diamond sawblades and parts thereof from China and Korea, which the CIT affirmedin January 2009.
Liquidation Suspended Effective January 23rd
Effective January 23, 2009, the ITA is suspending liquidation of subject merchandise from China and Korea, pending the expiration of the period to appeal or pending a final decision of the U.S. Court of Appeals for the Federal Circuit if the case is appealed.
AD Duty Orders to be Issued if No Appeal or CAFC Affirming Ruling
Upon notice from the ITC of no appeal or, if appealed, of a "conclusive" decision by the CAFC affirming the CIT's ruling, the ITA will issue AD duty orders on diamond sawblades from China and Korea.
(In its final affirmative determination for subject diamond sawblades from China, the ITA calculated AD duty rates of: (i) 20.72% for 26 producer-exporter combinations, (ii) 34.19% for Bosun Tools Group, (iii) 48.50% for Hebei Jikai Industrial Group; (iv) 2.50% for Advanced Technology & Materials Co.; and (v) a China-wide entity rate of 164.09%.
In its final affirmative determination for subject diamond sawblades from Korea, the ITA calculated AD duty rates of: (i) 12.76% for Ehwa, (ii) 6.43% for Hyosung; (iii) 26.55% for Shinhan; (iv) and 16.39% for all others.
Note that these AD duty rates may be subject to change if AD duty orders are issued.)
In its decision in TimkenCo. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) held that the ITA must publish a notice of a court decision that is not "in harmony" with an ITA determination and must suspend liquidation of entries pending a "conclusive" court decision.
ITA contact - Alex Villanueva (202) 482-3208
ITA notice (FR Pub 02/10/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-2642.pdf
ITC final remand decision (dated May 2008) available at http://hotdocs.usitc.gov/docs/pubs/701_731/pub4007.pdf