Laizhou Auto Brake Equip. Co. v. United States, No. 06-00430 (Ct. Int'l Trade 2008)
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Slip Op. 08-120 UNITED STATES COURT OF INTERNATIONAL TRADE Before: Nicholas Tsoucalas, Senior Judge ________________________________________ LAIZHOU AUTO BRAKE EQUIPMENT COMPANY, : LONGKOU HAIMENG MACHINERY CO., LTD., : LAIZHOU LUQI MACHINERY CO., LTD., : LAIZHOU HONGDA AUTO REPLACEMENT : PARTS CO., LTD., : HONGFA MACHINERY (DALIAN) CO., and : QINGDAO GREN (GROUP) CO., : : : Plaintiffs, : : Court No.: : v. : : : UNITED STATES OF AMERICA, : : Defendant, : : and : : COALITION FOR THE PRESERVATION OF : AMERICAN BRAKE DRUM AND ROTOR : AFTERMARKET MANUFACTURERS : : Defendant-Intervenor. : ________________________________________: 06-00430 November 5, 2008 JUDGMENT Upon consideration of the Department of Commerce s Final Results of Redetermination Pursuant to Court Remand ( Final Results ), filed with the Court on September 24, 2008, the Court finds that those results comply with the Court s remand order in Court No. 06-00430 Page 2 Laizhou Auto Brake Equipment Co. v. United States, Slip Op. 08-71, 2008 Ct. Int l Trade LEXIS 68 (CIT June 26, 2008). with the Court s instructions Commerce further In accordance explained and ultimately recalibrated its valuation of industrial metal scrap used by Plaintiffs in the production of subject brake rotors. Responding to the Court s concerns, Commerce reassessed the record evidence and determined it appropriate to use Harmonized Tariff Schedule ( HTS ) classification 7204.49.00 ( other ferrous scrap ) rather than HTS 7204.10.00 ( cast iron scrap ). In so doing, Commerce recalculated Plaintiffs original dumping margins for the period of review, April 1, 2005 through March 31, 2006, as follows: Laizhou Automobile Brake Equipment Co., Ltd. Longkou Haimeng Machinery Co., Ltd. Laizhou City Luqi Machinery Co., Ltd. Laizhou Hongda Auto Replacement Parts Co., Ltd. Hongfa Machinery (Dalian) Co., Ltd. Qingdao Gren (Group) Co. 8.90% 5.29% 8.90% 8.90% 13.59% 8.90% to to to to to to 6.20% 0.01% 6.20% 6.20% 0.01% 6.20% No party has objected to the Final Results. Therefore, it is hereby ORDERED that the Final Results are affirmed; and it is further ORDERED that since all other issues have been decided, this case is dismissed. SO ORDERED. /s/ Nicholas Tsoucalas NICHOLAS TSOUCALAS SENIOR JUDGE Dated: November 5, 2008 New York, New York ERRATA Laizhou Auto Brake Equip. Co. v. United States, Court No. 0600430, Slip Op. 08-120, dated Nov. 5, 2008. On page 2, Line 11: April 1, 2005 should read April 1, 2004 On page 2, Line 12: March 31, 2006 should read March 31, 2005 Dated: February 20, 2009
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