AD: China Helical Spring Lock Washers
The International Trade Administration has published a "Timken"1 notice stating that a recent Court of International Trade's ruling is not in harmony with the ITA's final results of AD duty administrative review for helical spring lock washers from China, for the review period October 1, 2002 through September 30, 2003, with respect to Hangzhou Spring Washer Co., Ltd. (Hangzhou).
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CIT Ruling Upholds ITA Redetermination of Hangzhou's AD Rate
This recent CIT ruling upholds an ITA redetermination of Hangzhou's AD rate to be 19.48% - a rate which is not in effect (and that may become effective, or may be modified, upon appeal).
(Among other things, the ITA's redetermination had considered the methodology employed to value plating services in the calculation of the AD duty rate for Hangzhou. See ITT's 05/19/05 news, 05051935 for BP summary of the final results of this AD duty administrative review, which determined Hangzhou's AD cash deposit rate to be zero.)
CIT Ruling Has Been Appealed, Hangzhou's AD Rate Expected to Change if CAFC Affirms CIT's Ruling
The ITA states that the CIT's ruling has been appealed, and if the ruling is upheld by the Court of Appeals for the Federal Circuit (CAFC), the ITA will instruct U.S. Customs and Border Protection (CBP) to revise cash deposit rates and liquidate relevant entries covering the subject merchandise effective September 4, 2006. (It is not yet known what the resulting AD cash deposit rate for Hangzhou will be.)
The ITA also states that it will continue the suspension of liquidation of the subject merchandise pending a final and conclusive court decision.
(ITA sources note that an AD duty administrative review of certain helical spring lock washers from China for Hangzhou has been initiated for the more recent review period of 10/01/05 - 09/30/06. Any AD cash deposit rate for Hangzhou from this new review would replace its AD cash deposit rate from an earlier review period. (See ITT's Online Archives or 11/30/06 news, 06113035, for BP summary of the initiation of this review.))
1Under the CAFC decision in Timken Co. v. U.S., the ITA must publish 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 - Marin Weaver (202) 482-2336
ITA notice (FR Pub 11/30/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-20285.pdf
CIT Slip Op. 06-129 (dated 08/25/06)available at http://www.cit.uscourts.gov:8080/cs.html?charset=iso-8859-1&url=http%3A//www.cit.uscourts.gov/slip_op/Slip_op06/06-129.pdf&qt=06-129&col=slipopuscit&n=3&la=en