Notice of Decision of the Court of International Trade: Certain Cased Pencils from the People's Republic of China, 16553 [E6-4747]

Download as PDF 16553 Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Notice of Decision of the Court of International Trade: Certain Cased Pencils from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 7, 2006, the Court of International Trade (CIT) sustained the Department of Commerce’s (the Department’s) voluntary redetermination regarding the 2001– 2002 antidumping duty administrative review of certain cased pencils (pencils) from the People’s Republic of China (PRC). In its redetermination, the Department selected a new surrogate value for pencil cores which it used to recalculate the respondents’ dumping margins. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in The Timken Company v. United States and China National Machinery and Equipment Import and Export Corporation, 893 F. 2d 337 (Fed. Cir. 1990) (Timken), the Department is publishing this notice of the CIT’s decision which is not in harmony with the Department’s determination in the 2001–2002 antidumping duty administrative review of pencils from the PRC. EFFECTIVE DATE: April 3, 2006. FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith at (202) 482–4162 or (202) 482–5193, respectively; AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: wwhite on PROD1PC61 with NOTICES Background On May 21, 2004, the Department published in the Federal Register, the final results of its 2001–2002 antidumping duty administrative review of pencils from the PRC. See Certain Cased Pencils from the People’s Republic of China; Final Results and Partial Rescission of Antidumping Duty Administrative Review; 69 FR 29266 (May 21, 2004). In that review, the Department used 2002 Monthly Statistics of the Foreign Trade of India (MSFTI) to value pencil cores. During July 2004, several respondents in the 2001–2002 administrative review filed complaints with the CIT VerDate Aug<31>2005 17:30 Mar 31, 2006 Jkt 208001 contesting, among other things, the Department’s valuation of black and color pencil cores. On September 1, 2004, the Department filed a motion for a voluntary remand with the CIT with respect to the pencil core issue. On September 20, 2004, the CIT remanded this case to the Department to conduct further proceedings concerning the valuation of pencil cores. On December 20, 2004, the Department issued its redetermination in which it recalculated the respondents’ dumping margins using a new surrogate value for pencil cores (i.e., 2001 MSFTI data, adjusted for inflation, rather than 2002 MSFTI data). The recalculated dumping margins are as follows: 4.21 percent for Shandong Rongxin Import & Export Company, Ltd., 5.63 percent for Orient International Holding Shanghai Foreign Trade Co., Ltd., and 16.50 for China First Pencil Company, Ltd./Three Star Stationery Industry Corp.. The PRC– wide rate was not changed. See Final Results of Voluntary Redetermination Pursuant to Court Order, December 20, 2004. On March 7, 2006, the CIT sustained the Department’s decision, including the redetermination. See China First Pencil Co., Ltd., et al v. United States and Sanford Corporation, et al. Slip Op. 06–34. Notification In its decision in Timken, the Federal Circuit held that, pursuant to 19 U.S.C. 1516a(e), the Department must publish notice of a CIT decision which is ‘‘not in harmony’’ with the Department’s determination. With respect to the valuation of pencil cores, the above– referenced CIT decision is not in harmony with the Department’s determination in the final results of the 2001–2002 antidumping duty administrative review of pencils from the PRC. Therefore, publication of this notice fulfills the Department’s obligation under 19 U.S.C. 1516a(e). The Department will continue to suspend liquidation pending the expiration of the period to appeal the CIT’s March 7, 2006, decision, or, if that decision is appealed, pending a ‘‘conclusive’’ decision by the Federal Circuit. Upon expiration of the period to appeal, or if the CIT’s decision is appealed and the Federal Circuit’s decision is not in harmony with the Department’s determination in the 2001–2002 antidumping duty administrative review of pencils from the PRC, the Department will publish in the Federal Register a notice of amended final results for the 2001–2002 administrative review of pencils. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 March 24, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–4747 Filed 3–31–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–427–808) Certain Corrosion–Resistant Carbon Steel Flat Products from France: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 12, 2005, the Department of Commerce (the Department) published a notice of intent to rescind an administrative review of the antidumping duty (AD) order on certain corrosion–resistant carbon steel flat products (CORE) from France for the period August 1, 2004, through July 31, 2005. The Department received comments only from domestic interested parties. There were no requests for a public hearing in response to the intent to rescind notice. The Department is rescinding this administrative review pursuant to section 351.213(d) of the Department’s regulations. AGENCY: EFFECTIVE DATE: April 3, 2006. FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Dena Crossland at (202) 482–0193 or (202) 482–3362, respectively; AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On August 19, 1993, the Department published an AD order on CORE from France. See Antidumping Duty Order and Amendments to Final Determinations of Sales at Less Than Fair Value: Certain Hot–Rolled Carbon Steel Flat Products, Certain Cold–Rolled Carbon Steel Flat Products, Certain Corrosion–Resistant Carbon Steel Flat Products and Certain Cut–to-Length Carbon Steel Plate from France, 58 FR 44169 (August 19, 1993). On August 1, 2005, the Department published a notice of opportunity to request an administrative review of the AD order on CORE from France for the period August 1, 2004, through July 31, 2005. E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Notices]
[Page 16553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4747]



[[Page 16553]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-827]


Notice of Decision of the Court of International Trade: Certain 
Cased Pencils from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2006, the Court of International Trade (CIT) 
sustained the Department of Commerce's (the Department's) voluntary 
redetermination regarding the 2001-2002 antidumping duty administrative 
review of certain cased pencils (pencils) from the People's Republic of 
China (PRC). In its redetermination, the Department selected a new 
surrogate value for pencil cores which it used to recalculate the 
respondents' dumping margins. Consistent with the decision of the 
United States Court of Appeals for the Federal Circuit (Federal 
Circuit) in The Timken Company v. United States and China National 
Machinery and Equipment Import and Export Corporation, 893 F. 2d 337 
(Fed. Cir. 1990) (Timken), the Department is publishing this notice of 
the CIT's decision which is not in harmony with the Department's 
determination in the 2001-2002 antidumping duty administrative review 
of pencils from the PRC.

EFFECTIVE DATE: April 3, 2006.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith at (202) 
482-4162 or (202) 482-5193, respectively; AD/CVD Operations, Office 4, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On May 21, 2004, the Department published in the Federal Register, 
the final results of its 2001-2002 antidumping duty administrative 
review of pencils from the PRC. See Certain Cased Pencils from the 
People's Republic of China; Final Results and Partial Rescission of 
Antidumping Duty Administrative Review; 69 FR 29266 (May 21, 2004). In 
that review, the Department used 2002 Monthly Statistics of the Foreign 
Trade of India (MSFTI) to value pencil cores.
    During July 2004, several respondents in the 2001-2002 
administrative review filed complaints with the CIT contesting, among 
other things, the Department's valuation of black and color pencil 
cores. On September 1, 2004, the Department filed a motion for a 
voluntary remand with the CIT with respect to the pencil core issue. On 
September 20, 2004, the CIT remanded this case to the Department to 
conduct further proceedings concerning the valuation of pencil cores. 
On December 20, 2004, the Department issued its redetermination in 
which it recalculated the respondents' dumping margins using a new 
surrogate value for pencil cores (i.e., 2001 MSFTI data, adjusted for 
inflation, rather than 2002 MSFTI data). The recalculated dumping 
margins are as follows: 4.21 percent for Shandong Rongxin Import & 
Export Company, Ltd., 5.63 percent for Orient International Holding 
Shanghai Foreign Trade Co., Ltd., and 16.50 for China First Pencil 
Company, Ltd./Three Star Stationery Industry Corp.. The PRC-wide rate 
was not changed. See Final Results of Voluntary Redetermination 
Pursuant to Court Order, December 20, 2004. On March 7, 2006, the CIT 
sustained the Department's decision, including the redetermination. See 
China First Pencil Co., Ltd., et al v. United States and Sanford 
Corporation, et al. Slip Op. 06-34.

Notification

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a CIT 
decision which is ``not in harmony'' with the Department's 
determination. With respect to the valuation of pencil cores, the 
above-referenced CIT decision is not in harmony with the Department's 
determination in the final results of the 2001-2002 antidumping duty 
administrative review of pencils from the PRC. Therefore, publication 
of this notice fulfills the Department's obligation under 19 U.S.C. 
1516a(e).
    The Department will continue to suspend liquidation pending the 
expiration of the period to appeal the CIT's March 7, 2006, decision, 
or, if that decision is appealed, pending a ``conclusive'' decision by 
the Federal Circuit. Upon expiration of the period to appeal, or if the 
CIT's decision is appealed and the Federal Circuit's decision is not in 
harmony with the Department's determination in the 2001-2002 
antidumping duty administrative review of pencils from the PRC, the 
Department will publish in the Federal Register a notice of amended 
final results for the 2001-2002 administrative review of pencils.

    March 24, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-4747 Filed 3-31-06; 8:45 am]
BILLING CODE 3510-DS-S