Beijing Tianhai Industry Co., Ltd. v. United States ( 2017 )

Slip Op –
UNITED STATES COURT OF INTERNATIONAL TRADE
____________________________________
:
BEIJING TIANHAI INDUSTRY CO., :
LTD., :
:
Plaintiff, :
:
v. : Before: Richard K. Eaton, Judge
:
UNITED STATES, : Court No. 12-00203
:
Defendant, :
:
and :
:
NORRIS CYLINDER COMPANY, :
:
Defendant-Intervenor. :
____________________________________:
JUDGMENT
Before the court are the United States Department of Commerce’s (“Commerce”) Final
Results of Redetermination Pursuant to Court Remand, ECF No. 127-1 (“Third Remand Results”),
and the Status Report and Request for Entry of Judgment, ECF No. 128 (“Judgment Request”),
filed by plaintiff Beijing Tianhai Industry Co. (“BTIC”).
In the Third Remand Results, Commerce reconsidered the calculation of BTIC’s margin
consistent with 19 C.F.R. § 351.414(f)(2) (2007), which was in effect at the time of Commerce’s
final determination, in accordance with the court’s instructions in Beijing Tianhai Industry Co. v.
United States, 41 CIT __, Slip Op. 17-79 (July 5, 2017). Commerce applied its average-to-
transaction (“A-T”) method only to BTIC’s U.S. sales that were found to be targeted, and the
average-to-average (“A-A”) method to all other transactions. It found that there was no meaningful
difference in BTIC’s antidumping margins using the A-A and A-T methods, i.e., both resulted in
Court No. 12-00203 Page 2
a margin of zero. Accordingly, Commerce recalculated BTIC’s weighted-average dumping margin
to be zero, and having found BTIC’s margin to be de minimis, indicated its intention to exclude
BTIC from the antidumping duty order. See Third Remand Results at 7-8 (citing High Pressure
Steel Cylinders From the People’s Republic of China, 77 Fed. Reg. 37,377 (Dep’t Commerce June
21, 2012) (order)).
No party disputes the Third Remand Results. In its Judgment Request, BTIC asks the court
to sustain the Third Remand Results, noting that “Defendant and Defendant-Intervenor do not
object to this request.” Judgment Request at 1-2 (“All parties agree that the third remand
redetermination complies with the court’s remand instructions issued on July 5, 2017 (ECF No.
126). Accordingly, all parties propose to dispense with further briefing . . . .”).
In accordance with the forgoing, and upon consideration of the papers and proceedings had
herein, it is hereby
ORDERED that Commerce’s final determination of sales at less than fair value, published
as High Pressure Steel Cylinders From the People’s Republic of China, 77 Fed. Reg. 26,739 (May
7, 2012), as supplemented and modified on remand, is sustained; and it is further
ORDERED that the subject entries whose liquidation was enjoined in this action, see ECF
No. 120 (order granting consent motion to amend the preliminary injunction), shall be liquidated in
accordance with the court’s final decision, as provided for in 19 U.S.C. § 1516a(e) (2012).
/s/ Richard K. Eaton
Richard K. Eaton, Judge
Dated: "VHVTU



New York, New York