Certain Hot-Rolled Carbon Steel Flat Products From India: 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

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On January 25, 2011, the United States Court of International Trade (CIT) sustained the Department of Commerce's ("the Department's") results of redetermination pursuant to the CIT's remand in Essar Steel Limited v. United States, 721 F. Supp. 2d 1285 (CIT 2010) ("Essar I"). See Essar Steel Limited v. United States, Slip Op. 11-10, Court No. 09-197 (January 25, 2011) ("Essar II"); see also Final Results of Redetermination Pursuant to Court Remand, dated October 28, 2010 ("Remand Redetermination") (found at http:// ia.ita.doc.gov/remands). 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 (CAFC 2010) ("Diamond Sawblades"), the Department is notifying the public that the final CIT judgment in this case is not in harmony with the Department's final determination and is amending the final results of the administrative review of the countervailing duty order on certain hot-rolled carbon steel flat products ("HRCS") from India covering the January 1, 2007, through December 31, 2007, per