Hangzhou Yingqing Material Co. Ltd. et al v. United States

Slip Op. 17-47
UNITED STATES COURT OF INTERNATIONAL TRADE
Before: Leo M. Gordon, Judge
Court No. 14-00133
JUDGMENT
Before the court is the U.S. Department of Commerce’s (“Commerce”) Final
Results of Redetermination Pursuant to Court Remand (“Remand Results”), ECF No. 51,
in this action. In the Remand Results, Commerce reconsidered its allocation of labor
costs, determined that it would continue not to adjust the financial ratios, and provided
further explanation for its departure from its decision to adjust the financial ratios based
on similar labor expenses in Certain Steel Nails from the People’s Republic of China,
79 Fed. Reg. 19,316 (Dep’t Commerce Apr. 8, 2014) (final results 4 th admin. rev.).
Remand Results at 12. Commerce also reconsidered its valuation of brokerage and
handling (“B&H”) costs, deducted the cost of obtaining a letter of credit from the total
amount of B&H expenses, and revised the combination rate weighted-average dumping
margin accordingly. Id. All parties agree that the Remand Results address the court’s
concerns in Hangzhou Yingqing Material Co. v. United States, 40 CIT ____, 195 F. Supp.
HANGZHOU YINGQING MATERIAL CO.
AND HANGZHOU QINGQING
MECHANICAL CO.,
Plaintiffs,
v.
UNITED STATES,
Defendant.
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Court No. 14-00133 	Page 2
3d 1299 (2016) (“Hangzhou I”) and that the Remand Results should be sustained. Def.’s
Notice Regarding Comments to Remand Results, ECF No. 53.
Accordingly, it is hereby
ORDERED that the final results of the fourth administrative review (and aligned
new shipper review) of the antidumping duty order covering steel wire garment hangers
from the People’s Republic of China, Steel Wire Garment Hangers from the People’s
Republic of China, 79 Fed. Reg. 31,298 (Dep’t Commerce June 2, 2014) (final results
4th admin. rev. and new shipper rev.), except for the matters covered by the Remand
Results, are sustained; it is further
ORDERED that the Remand Results are sustained; and it is further
ORDERED that the subject entries enjoined in this action, see ECF No. 14
(order granting 	consent 	motion 	for 	preliminary 	injunction), 	must 	be 	liquidated 	in
accordance with the final court decision, as provided for in Section 516A(e) of the Tariff
Act of 1930, as amended, 19 U.S.C. § 1516a(e) (2012).
/s/ Leo M. Gordon
Judge Leo M. Gordon
Dated: April 21, 2017
New York, New York
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