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NoticeE9-26422009-02-10

Diamond Sawblades and Parts Thereof from the People's Republic of China and the Republic of Korea: Notice of Court Decision Not In Harmony With Final Determination of the Antidumping Duty Investigations

Commerce Department, International Trade Administration

Abstract

On January 13, 2009, the United States Court of International Trade ("CIT") affirmed the International Trade Commission's ("ITC") amended determination upon remand that an industry in the United States is threatened with material injury by reason of imports of diamond sawblades and parts thereof ("diamond sawblades") from the People's of China ("PRC") and the Republic of Korea ("Korea"). Diamond Sawblades Mfrs. Coalition v. United States, No. 06-00247, Slip Op. 09- 05 (CIT January 13, 2009) ("DSMC"). The case arises out of the ITC's final determination in the antidumping duty investigations. See {Investigations Nos. 731-TA-1092 and 1093 (Final){time} Diamond Sawblades and Parts Thereof From China and Korea, 71 FR 39128 (July 11, 2006) ("Final Determination"). The judgment in this case was not in harmony with the ITC's Final Determination. If the CIT's opinion in this case is not appealed, or is affirmed on appeal, then antidumping duty orders on diamond sawblades from the PRC and Korea will be issued. In accordance with the decision of the U.S. Court of Appeals for the Federal Circuit ("CAFC") in Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) ("Timken"), the Department will order the suspension of liquidation of the subject merchandise.

Action & Dates

Dates
January 23, 2009.

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce International Trade Administration [A-570-900, A-580-855] AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 13, 2009, the United States Court of International Trade (“CIT”) affirmed the International Trade Commission's (“ITC”) amended determination upon remand that an industry in the United States is threatened with material injury by reason of imports of diamond sawblades and parts thereof (“diamond sawblades”) from the People's of China (“PRC”) and the Republic of Korea (“Korea”). Diamond Sawblades Mfrs. Coalition v. United States , No. 06-00247, Slip Op. 09-05 (CIT January 13, 2009) (“ DSMC ”). The case arises out of the ITC's final determination in the antidumping duty investigations. See {Investigations Nos. 731-TA-1092 and 1093 (Final)} Diamond Sawblades and Parts Thereof From China and Korea , 71 FR 39128 (July 11, 2006) (“ Final Determination ”). The judgment in this case was not in harmony with the ITC's Final Determination . If the CIT's opinion in this case is not appealed, or is affirmed on appeal, then antidumping duty orders on diamond sawblades from the PRC and Korea will be issued. In accordance with the decision of the U.S. Court of Appeals for the Federal Circuit (“CAFC”) in Timken Co. v. United States , 893 F.2d 337, 341 (Fed. Cir. 1990) (“ Timken ”), the Department wi

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Full Document

Citation: 74 FR 6570