Notice of Amended Final Results in Accordance With Court Decision: Antidumping Duty Administrative Review of Certain Cased Pencils from the People's Republic of China, 45767-45768 [E6-13040]

Download as PDF Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Notices rwilkins on PROD1PC61 with NOTICES with the performance of duties impose by the Department by law. The Committee will advise the Secretary on new or improved measures of innovation in the economy in order to explain how innovation occurs in different sectors of the economy, how it is diffused across the economy, and how it impacts economic growth and productivity. The Committee will consist of not more than fifteen members appointed by the Secretary of Commerce and composed of individuals from business and academia. Those from business will be knowledgeable about their industry sector and those from academia will be experts in their academic field. This notice provides membership criteria and application procedures. The Committee will function solely as an advisory body, in compliance with the provisions of the Federal Advisory Committee Act. The Charter will be filed under the Federal Advisory Committee Act. DATES: Applications for Committee membership will be received until the close of business September 29, 2006. ADDRESSES: Interested individuals are strongly encouraged to send their applications for membership on the Committee by e-mail or facsimile to the address or number below. E-mail: Anderson@esa.doc.gov, facsimile: 202– 482–0432. For those individuals without Internet or facsimile access, applications may be mailed to Economics and Statistics Administration, attn: Measuring Innovation Committee, Room 4855, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Elizabeth ‘‘E.R.’’ Anderson, Acting Deputy Under Secretary for Economic Affairs, ESA, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230: telephone: 202–482–3727 or Jacque Mason at 202– 482–5641, or at http://www.esa.doc.gov. SUPPLEMENTARY INFORMATION: Background The U.S. economy is the fastest growing of the major industrialized countries. this growth is occurring as we shift to more knowledge-based and service-based industries. The high level of productivity that sustains this growth derives not only from innovations in the types of products and services we produce, but also from innovations in how goods and services are produced and brought to market. In a competitive global economy, policy makers need to understand the determinants of growth. VerDate Aug<31>2005 21:27 Aug 09, 2006 Jkt 208001 45767 Our data and analytic capabilities, therefore, need to be updated to keep pace with changes in the economy. To help address these issues, the Secretary of Commerce is establishing the Measuring Innovation in the 21st Century Economy Advisory Committee to be composed of leaders from business and academia who will be charged with recommending new and improved statistics to help policy makers understand the innovation process. Better metrics will help improve the understanding of how innovation occurs in different sectors of the economy, how it is diffused across the economy, and how it impacts economic growth and productivity. Definitions and methodological questions relevant for both government and private sector officials will be explored, therefore it is critical to have input from leaders in both the business and academic communities. Applications should be addressed to Elizabeth ‘‘E.R.’’ Anderson, Acting Deputy Under Secretary for Economic Affairs and should be sent by close of business September 29, 2006, to one of the addressed below: E-mail: Anderson@esa.doc.gov. Facsimile: 202–482–0432. Mailing address: Economics and Statistics Administration, Measuring Innovation Committee, Room 4855, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. Membership DEPARTMENT OF COMMERCE The Department of Commerce is seeking applicants from business and academia who are knowledgeable about the innovative process in their industry sector or experts in their academic field. The committee membership will reflect the diversity of the American economy, representing leaders of the business community from different industry sectors, and businesses of varying size. Committee members from the business community will serve in a representative capacity while those from the academic community will serve as Special Government Employees. Committee members will serve under the direction of the Secretary of Commerce. The committee will be composed of not more than 15 members appointed by the Secretary. No security clearances are required since Committee members will not have access to classified information. International Trade Administration Import Administration Eligibility Candidates will be self-identified; nominations from others are not required. Candidates from the business community must be at the CEO level or equivalent and be knowledgeable about the innovation process and measurement in their industry sector. Academic candidates must be experts in their field, preferably with an academic focus on innovation, particularly innovation metrics. Application Procedure Interested individuals should submit a letter stating their desire to serve on the Advisory Committee and attach a biographical statement. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Authority: Federal Advisory Committee Act: 5 U.S.C. App. 2 and General Services Administration Rule: 41 CFR part 101–6. Elizabeth ‘‘E.R.’’ Anderson, Acting Deputy Under Secretary for Economic Affairs. [FR Doc. 06–6811 Filed 8–9–06; 8:45 am] BILLING CODE 3510–06–M [A–570–827] Notice of Amended Final Results in Accordance With Court Decision: Antidumping Duty Administrative Review of Certain Cased Pencils from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 7, 2006, the United States Court of International Trade (CIT) affirmed the voluntary redetermination of the Department of Commerce (the Department) in the antidumping duty (AD) administrative review of certain cased pencils (pencils) from the People’s Republic of China (PRC). See China First Pencil Co. Ltd., et al. v. United States and Sanford Corporation, et al., 427 F. Supp 2d 1236 (CIT 2006), and the Department’s Final Results of Voluntary Redetermination Pursuant to Court Order: China First Pencil Co., Ltd., et al. and Shandong Rongxin Import & Export Co., Ltd., v. United States and Sanford Corporation, et al. (dated December 20, 2004). As there is now a final and conclusive court decision in this case, the Department is amending the final results of this administrative review. EFFECTIVE DATE: August 10, 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, AGENCY: E:\FR\FM\10AUN1.SGM 10AUN1 45768 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Notices 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 the 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 (2002 Final Results of Review). In that review, the Department used Monthly Statistics of the Foreign Trade of India (MSFTI) for the period of review (POR) to value black and color pencil cores, material inputs used in the production of certain cased pencils. During July 2004, the respondents in the 2002 antidumping duty review of pencils from the PRC filed complaints with the CIT contesting, among other things, the surrogate value assigned to pencil cores in the 2002 Final Results of Review.1 On September 1, 2004, the Department filed a motion with the CIT for a voluntary remand 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 final results of voluntary redetermination. In its redetermination, the Department concluded that it was better to value pencils cores using MSFTI data covering the immediately preceding POR (2001 MSFTI data), adjusted for inflation and valuation differences between black and color cores, rather than MSFTI data covering the instant POR. The Department reached this conclusion because, unlike the MSFTI data for the instant POR, the 2001 MSFTI data were consistent with price information obtained by the Department during the course of the redetermination. On March 7, 2006, the CIT affirmed the Department’s voluntary redetermination, as well as its position on other issues arising from the 2002 Final Results of Review. See China First Pencil Co. Ltd., et al. v. United States and Sanford Corporation, et al., 427 F. Supp 2d 1236 (CIT 2006). 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), on April 3, 2006, the Department published a notice announcing that the CIT’s decision was not in harmony with the Department’s determination in the 2002 antidumping duty administrative review of pencils from the PRC. No party appealed the CIT’s decision. Amended Final Results of Review As the litigation in this case has concluded, the Department is amending the 2002 Final Results of Review. The dumping margins in the amended final results of review are as follows: Exporter/Manufacturer Margin (percent) China First Pencil Company, Ltd./Three Star Stationery Industry Corp ................................................................. Orient International Holding Shanghai Foreign Trade Co. Ltd ............................................................................... Shandong Rongxin Import & Export Company Ltd ................................................................................................. The PRC–wide rate continues to be 114.90 percent. DEPARTMENT OF COMMERCE International Trade Administration Assessment rwilkins on PROD1PC61 with NOTICES Consistent with the 2002 Final Results of Review, for each of the above respondents we calculated exporter– specific assessment rates because there is no information on the record which identifies the importers of record. Specifically, for these respondents we calculated duty assessment rates for subject merchandise based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total quantity of those sales. The Department will issue appropriate assessment instructions directly to U.S. Customs and Border Protection within 15 days of publication of this notice. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: August 1, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–13040 Filed 8–9–06; 8:45 am] BILLING CODE 3510–DS–S 1 The respondents are China First Pencil Co., Ltd., Orient International Holding Shanghai Foreign VerDate Aug<31>2005 21:27 Aug 09, 2006 Jkt 208001 [A–570–849] Cut–to-Length Carbon Steel Plate from the People’s Republic of China: Notice of Rescission, in Part, and Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Nucor Corporation, a domestic producer and interested party in this proceeding, the Department of Commerce (‘‘Department’’) is conducting an administrative review of cut–to-length carbon steel plate (‘‘CTL plate’’) from the People’s Republic of China (‘‘PRC’’) for the period November 1, 2004, through October 31, 2005. We preliminarily determine that application of adverse facts available (‘‘AFA’’) is warranted with respect to the sole company participating in this administrative review, China Metallurgical Import & Export Liaoning Company (‘‘Liaoning Company’’). In AGENCY: Trade Co., Ltd., Three Star Stationery Industry PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 16.50 5.63 4.21 addition, the Department is preliminarily rescinding the administrative review with respect to Angang New Steel Co., Ltd. and Angang Group Hong Kong Co., Limited (collectively ‘‘Angang’’), as its request for review was properly and timely withdrawn. If these preliminary results are adopted in our final results of administrative review, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries of subject merchandise. Interested parties are invited to comment on these preliminary results. We will issue the final results no later than 120 days from the date of publication of this notice. EFFECTIVE DATE: August 10, 2006. FOR FURTHER INFORMATION CONTACT: Juanita H. Chen, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–1904. SUPPLEMENTARY INFORMATION: Corp. (collectively ‘‘CFP et al.’’) and Shandong Rongxin Import & Export Co., Ltd. (Shandong). E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Notices]
[Pages 45767-45768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13040]


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

DEPARTMENT OF COMMERCE

International Trade Administration Import Administration

[A-570-827]


Notice of Amended Final Results in Accordance With Court 
Decision: Antidumping Duty Administrative Review of 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 United States Court of International 
Trade (CIT) affirmed the voluntary redetermination of the Department of 
Commerce (the Department) in the antidumping duty (AD) administrative 
review of certain cased pencils (pencils) from the People's Republic of 
China (PRC). See China First Pencil Co. Ltd., et al. v. United States 
and Sanford Corporation, et al., 427 F. Supp 2d 1236 (CIT 2006), and 
the Department's Final Results of Voluntary Redetermination Pursuant to 
Court Order: China First Pencil Co., Ltd., et al. and Shandong Rongxin 
Import & Export Co., Ltd., v. United States and Sanford Corporation, et 
al. (dated December 20, 2004). As there is now a final and conclusive 
court decision in this case, the Department is amending the final 
results of this administrative review.

EFFECTIVE DATE: August 10, 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,

[[Page 45768]]

U.S. Department of Commerce, 14\th\ 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 the 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 (2002 Final Results of Review). 
In that review, the Department used Monthly Statistics of the Foreign 
Trade of India (MSFTI) for the period of review (POR) to value black 
and color pencil cores, material inputs used in the production of 
certain cased pencils.
    During July 2004, the respondents in the 2002 antidumping duty 
review of pencils from the PRC filed complaints with the CIT 
contesting, among other things, the surrogate value assigned to pencil 
cores in the 2002 Final Results of Review.\1\ On September 1, 2004, the 
Department filed a motion with the CIT for a voluntary remand 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 final results of voluntary redetermination.
---------------------------------------------------------------------------

    \1\ The respondents are China First Pencil Co., Ltd., Orient 
International Holding Shanghai Foreign Trade Co., Ltd., Three Star 
Stationery Industry Corp. (collectively ``CFP et al.'') and Shandong 
Rongxin Import & Export Co., Ltd. (Shandong).
---------------------------------------------------------------------------

    In its redetermination, the Department concluded that it was better 
to value pencils cores using MSFTI data covering the immediately 
preceding POR (2001 MSFTI data), adjusted for inflation and valuation 
differences between black and color cores, rather than MSFTI data 
covering the instant POR. The Department reached this conclusion 
because, unlike the MSFTI data for the instant POR, the 2001 MSFTI data 
were consistent with price information obtained by the Department 
during the course of the redetermination. On March 7, 2006, the CIT 
affirmed the Department's voluntary redetermination, as well as its 
position on other issues arising from the 2002 Final Results of Review. 
See China First Pencil Co. Ltd., et al. v. United States and Sanford 
Corporation, et al., 427 F. Supp 2d 1236 (CIT 2006). 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), on April 3, 2006, the 
Department published a notice announcing that the CIT's decision was 
not in harmony with the Department's determination in the 2002 
antidumping duty administrative review of pencils from the PRC. No 
party appealed the CIT's decision.

Amended Final Results of Review

    As the litigation in this case has concluded, the Department is 
amending the 2002 Final Results of Review. The dumping margins in the 
amended final results of review are as follows:

------------------------------------------------------------------------
          Exporter/Manufacturer                   Margin (percent)
------------------------------------------------------------------------
China First Pencil Company, Ltd./Three                             16.50
 Star Stationery Industry Corp...........
Orient International Holding Shanghai                               5.63
 Foreign Trade Co. Ltd...................
Shandong Rongxin Import & Export Company                            4.21
 Ltd.....................................
------------------------------------------------------------------------

The PRC-wide rate continues to be 114.90 percent.

Assessment

    Consistent with the 2002 Final Results of Review, for each of the 
above respondents we calculated exporter-specific assessment rates 
because there is no information on the record which identifies the 
importers of record. Specifically, for these respondents we calculated 
duty assessment rates for subject merchandise based on the ratio of the 
total amount of antidumping duties calculated for the examined sales to 
the total quantity of those sales. The Department will issue 
appropriate assessment instructions directly to U.S. Customs and Border 
Protection within 15 days of publication of this notice.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: August 1, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-13040 Filed 8-9-06; 8:45 am]
BILLING CODE 3510-DS-S