# Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision
**AGENCY:**
Import Administration, International Trade Administration, Department of Commerce.
**SUMMARY:**
On August 6, 2013, the United States Court of International Trade (“CIT”) sustained the Department of Commerce's (the “Department”) results of redetermination, pursuant to the CIT's remand order, in *Tianjin Wanhua Co., Ltd.* v. *United States,* Slip Op. 13-100 (CIT 2013). [^1]
[^1]*See* Final Results of Redetermination Pursuant to Court Remand, Court No. 11-00070, dated July 22, 2013, available at: *http://ia.ita.doc.gov/remands* (“ *PET Film Final Remand* ”).
Consistent with the decision of the United States Court of Appeals for the Federal Circuit (“CAFC”) in *Timken Co.* v. *United States,* 893 F.2d 337 (Fed. Cir. 1990) (“ *Timken* ”), as clarified by *Diamond Sawblades Mfrs. Coalition* v. * United States,* 626 F.3d 1374 (Fed. Cir. 2010) (“ *Diamond Sawblades* ”), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's *PET Film Final Results*[^2] and is amending the final results with respect to Tianjin Wanhua Co., Ltd. (“Wanhua”).
[^2]*See Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of the First Antidumping Duty Administrative Review,* 76 FR 9753 (February 22, 2011) (“ *PET Film Final Results* ”).
**DATES:**
Effective August 16, 2013.
**FOR FURTHER INFORMATION CONTACT:**
Jonathan Hill, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3518.
**SUPPLEMENTARY INFORMATION:**
**Background**
On April 29, 2013, the CIT granted the Department's motion for voluntary remand in *Tianjin Wanhua Co., Ltd.* v. * United States* to reconsider the separate rate methodology as applied to Wanhua with respect to the *PET Film Final Results* and the results of the CIT's judgment in *Fuwei Films (Shandong) Co., Ltd.* v. * United States* in which the weighted-average dumping margins for the mandatory respondents were revised. [^3] Pursuant to the CIT's remand order, the Department re-examined record evidence and made changes to the separate rate applicable to Wanhua. Specifically, the Department followed its practice in calculating a separate rate where the individually investigated respondents received rates that were zero, *de minimis,* or based entirely on facts available, [^4] and applied the most recently determined weighted-average dumping margin that was not zero, *de minimis,* or based entirely on facts available. In this case, the Department pulled forward Wanhua's separate rate from the investigation. [^5]
[^3]*See Fuwei Films (Shandong) Co., Ltd. v. United States,* 895 F. Supp. 2d 1332 (Ct. Int'l Trade 2013); *Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision,* 78 FR 9363 (February 8, 2013).
[^4]*See* Section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the “Act”).
[^5]*See Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China: Final Determination of Sales at Less Than Fair Value,* 73 FR 55039, 55041 (September 24, 2008).
**Timken Notice**
In its decision in *Timken,* as clarified by *Diamond Sawblades,* the CAFC held that, pursuant to section 516A(e) of 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 August 6, 2013, judgment sustaining the *PET Film Final Remand* constitutes a final decision of that court that is not in harmony with the *PET Film Final Results.* This notice is published in fulfillment of the publication requirements of *Timken.* 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 recently completed segment of this proceeding in which the respondent was included.
**Amended Final Determination**
Because there is now a final court decision with respect to the *PET Film Final Results,* the revised weighted-average dumping margin is as follows:
| Exporter | Weighted- |
| --- | --- |
| Tianjin Wanhua Co., Ltd. | 3.49 |
This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: August 16, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.