Sebacic Acid from the People's Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 58583-58584 [E6-16395]
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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
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specific ad valorem ratios based on the
estimated entered value.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the period
of review produced by Huvis for which
Huvis did not know the merchandise it
sold to an intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
For Daehan, in the event any entries
were made during the POR through
intermediaries under the CBP case
number for Daehan, the Department is
instructing CBP to liquidate these
entries and to assess antidumping duties
at the all–others rate in effect at the time
of entry, consistent with the May 6,
2003 clarification discussed above.
The Department will issue
appropriate assessment instructions to
CBP within 15 days of publication of
these final results of review.
Cash Deposit Rates
The following antidumping duty
deposits will be required on all
shipments of PSF from Korea entered, or
withdrawn from warehouse, for
consumption, effective on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(1) of the Act: (1) the
cash deposit rates for the reviewed
company will be the rate listed above
(except no cash deposit will be required
if a company’s weighted–average margin
is de minimis, i.e., less than 0.5
percent); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company–specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, the previous review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous reviews,
the cash deposit rate will be 7.91
percent, the ‘‘all–others’’ rate
established in Certain Polyester Staple
Fiber from the Republic of Korea: Notice
of Amended Final Determination and
Amended Order Pursuant to Final Court
VerDate Aug<31>2005
14:45 Oct 03, 2006
Jkt 211001
Decision, 68 FR 74552 (December 24,
2003). These cash deposit requirements
shall remain in effect until publication
of the final results of the next
administrative review.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: September 28, 2006.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import
Administration.
APPENDIX I
List of Comments in the Decision
Memorandum
Comment 1: Major Inputs
Comment 2: Overseas Office Expenses
Comment 3: Inclusion of Extraordinary
Losses in the G&A Calculation
Comment 4: Interest Earned On
Retirement Insurance
Comment 5: Credit Period Recalculation
Comment 6: Computer Program Errors
[FR Doc. E6–16391 Filed 10–3–06; 8:45 am]
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58583
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–825
Sebacic Acid from the People’s
Republic of China: Notice of Court
Decision Not in Harmony with Final
Results of Administrative Review
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On September 18, 2006, the
United States Court of International
Trade (‘‘the Court’’) sustained the
Department of Commerce’s (‘‘the
Department’’) final remand
redetermination on its entirety. See
Guangdong Chemicals Import & Export
Corporation v. United States, Ct. No.
05–00023, Slip Op. 06–142 (Ct. Int’l
Trade September 18, 2006)
(‘‘Guangdong II’’). This case arises out of
the Department’s final determination of
Sebacic Acid from the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review, 69 FR
75303 (December 16, 2004) (‘‘Final
Results’’). The final judgment in this
case was not in harmony with the
Department’s Final Results.
EFFECTIVE DATE: October 4, 2006.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moats, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington DC 20230; telephone (202)
482–5047.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In the Final Results, the Department
selected a surrogate value for sebacic
acid in order to determine the portion
of the factors of production attributable
to sebacic acid and its co–product,
capryl alcohol. See section 773(c) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). To obtain a surrogate value for
sebacic acid, the Department used
information from Indian import
statistics rather than the use of data
maintained by the publication Chemical
Weekly in its Chemicals Import and
Export trade database index
(‘‘ChemImpEx’’) placed on the record
and proposed by Guangdong Chemicals
Import & Export Corporation
(‘‘Guangdong’’). Additionally, the
Department changed its methodology
between the Preliminary Results (see
Sebacic Acid from the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review and Notice of Partial Recision,
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58584
Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
69 FR 47409 (August 5, 2004)
(‘‘Preliminary Results’’)) and the Final
Results, and applied a by–product offset
to reflect Guangdong’s sale of fatty acid
and glycerine made in the production
process.
Before the Court, Guangdong
challenged the Department’s selection of
Indian import statistics as the surrogate
to value sebacic acid, and its
determination to apply the by–product
offset after the application of the
surrogate financial ratio to
manufacturing costs in the Final
Results. On January 25, 2006, the Court
issued a remand in Guangdong
Chemicals Import & Export Corporation
v. United States, Ct. No. 05–00023 Slip
Op. 06–13 (January 25, 2006). The Court
stated that the Department did not
justify its decision to abandon a more
product–specific data source. See id. at
19. The Court specifically pointed out
that a remand was necessary because
the Department did not address the data
Guangdong used to corroborate its
ChemImpEx data, and the Department
did not explain why the Department’s
use of the Indian import statistics was
not aberrational given that the data was
comprised of a basket category. See id.
at 19 and 20. The Court concluded that
the Department failed to present
substantial evidence supporting its
surrogate value for sebacic acid. See id.
at 22.
Additionally, the Court granted the
Department’s request for a voluntary
remand to give interested parties an
opportunity to comment on the
application of the by–product offset
which was changed between the
Preliminary Results and the Final
Results without allowing parties the
opportunity to comment on this change.
See id. at 22.
In order to comply with the Court’s
remand order, the Department reviewed
its choice of surrogate value for sebacic
acid and made changes to the Indian
import statistics to eliminate a value
that the Department determined to be
aberrational. Also, the Department
provided additional explanation of its
by–product methodology and provided
interested parties an opportunity to
comment on its methodology for the
redetermination on remand. On May 3,
2006, the Department issued its Final
Redetermination Pursuant to Court
Remand (‘‘Final Redetermination’’).
Guangdong continued to challenge
the Department’s determination in the
Final Redetermination. On September
18, 2006, the Court found that the
Department duly complied with the
Court’s remand order and sustained the
Final Redetermination. See Guangdong
II, Slip Op. 06–142 (September 18,
VerDate Aug<31>2005
14:45 Oct 03, 2006
Jkt 211001
2006). The Court found that the
Department’s elimination of aberrational
values constituted a reasonable step to
compensate for some weaknesses in the
Indian import statistics. See id. at 10.
Therefore, the Court found that the
Department’s selection of surrogate
value for sebacic acid is supported by
substantial evidence. See id. at 12. Also,
the Court found that the Department’s
analysis of the reliability of the Indian
import statistics in view of the
corroborating evidence submitted by
Guangdong was reasonable. See id. at
15. Additionally, the Court upheld the
Department’s decision to account for
separable costs associated with by–
product sales by applying a by–product
credit after the application of financial
ratios to manufacturing costs. See id. at
21. Therefore, the Department’s Final
Redetermination was sustained in its
entirety by the Court. Consequently, the
antidumping duty rate for Guangdong
will be 19.82 percent.
Timken Notice
In its decision in Timken Co., v.
United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (‘‘Timken’’), the United States
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(e) of
the Act of 1930, the Department must
publish a notice of a court decision that
is not ‘‘in harmony’’ with a Department
determination, and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s decision in Guangdong II on
September 18, 2006, constitutes a final
decision of that court that is not in
harmony with the Department’s final
results of administrative review. This
notice is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of the subject merchandise pending the
expiration of the period of appeal, or, if
appealed, upon a final and conclusive
court decision.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: September 28, 2006.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import
Administration.
[FR Doc. E6–16395 Filed 10–3–06; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–427–810]
Corrosion-Resistant Carbon Steel Flat
Products From France; Final Results
of Full Sunset Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2005, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the countervailing duty (‘‘CVD’’)
order on certain corrosion-resistant
carbon steel flat products from France,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’). On
the basis of a notice of intent to
participate and an adequate substantive
response filed on behalf of the domestic
interested party, an adequate response
from respondent interested parties, and
respondent interested parties’
arguments regarding post-investigation
privatization of Usinor, the Department
determined to conduct a full sunset
review of this CVD order pursuant to
section 751(c) of the Act and 19 CFR
351.218(e)(2). As a result of this sunset
review, the Department finds that
revocation of the CVD order would be
likely to lead to continuation or
recurrence of a countervailable subsidy.
Therefore, the Department is not
revoking this CVD order.
DATES: Effective Date: October 4, 2006.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore or Brandon Farlander,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–3692 or (202) 482–
4136, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 1, 2005, the Department
initiated a sunset review of the CVD
order on certain corrosion-resistant
carbon steel flat products from France
pursuant to section 751(c) of the Act.
See Initiation of Five-Year (‘‘Sunset’’)
Reviews, 70 FR 65884 (November 1,
2005).
On May 31, 2006, the Department
published the preliminary results of the
full sunset review of the instant order.
See Preliminary Results of Full Sunset
Review: Certain Corrosion-Resistant
Carbon Steel Flat Products from France,
71 FR 30875 (May 31, 2006). Interested
parties were invited to comment on our
preliminary results. On July 11, 2006,
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[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58583-58584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16395]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-825
Sebacic Acid from the People's Republic of China: Notice of Court
Decision Not in Harmony with Final Results of Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On September 18, 2006, the United States Court of
International Trade (``the Court'') sustained the Department of
Commerce's (``the Department'') final remand redetermination on its
entirety. See Guangdong Chemicals Import & Export Corporation v. United
States, Ct. No. 05-00023, Slip Op. 06-142 (Ct. Int'l Trade September
18, 2006) (``Guangdong II''). This case arises out of the Department's
final determination of Sebacic Acid from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review, 69 FR
75303 (December 16, 2004) (``Final Results''). The final judgment in
this case was not in harmony with the Department's Final Results.
EFFECTIVE DATE: October 4, 2006.
FOR FURTHER INFORMATION CONTACT: Jennifer Moats, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington DC 20230; telephone (202) 482-5047.
SUPPLEMENTARY INFORMATION:
Background
In the Final Results, the Department selected a surrogate value for
sebacic acid in order to determine the portion of the factors of
production attributable to sebacic acid and its co-product, capryl
alcohol. See section 773(c) of the Tariff Act of 1930, as amended
(``the Act''). To obtain a surrogate value for sebacic acid, the
Department used information from Indian import statistics rather than
the use of data maintained by the publication Chemical Weekly in its
Chemicals Import and Export trade database index (``ChemImpEx'') placed
on the record and proposed by Guangdong Chemicals Import & Export
Corporation (``Guangdong''). Additionally, the Department changed its
methodology between the Preliminary Results (see Sebacic Acid from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Notice of Partial Recision,
[[Page 58584]]
69 FR 47409 (August 5, 2004) (``Preliminary Results'')) and the Final
Results, and applied a by-product offset to reflect Guangdong's sale of
fatty acid and glycerine made in the production process.
Before the Court, Guangdong challenged the Department's selection
of Indian import statistics as the surrogate to value sebacic acid, and
its determination to apply the by-product offset after the application
of the surrogate financial ratio to manufacturing costs in the Final
Results. On January 25, 2006, the Court issued a remand in Guangdong
Chemicals Import & Export Corporation v. United States, Ct. No. 05-
00023 Slip Op. 06-13 (January 25, 2006). The Court stated that the
Department did not justify its decision to abandon a more product-
specific data source. See id. at 19. The Court specifically pointed out
that a remand was necessary because the Department did not address the
data Guangdong used to corroborate its ChemImpEx data, and the
Department did not explain why the Department's use of the Indian
import statistics was not aberrational given that the data was
comprised of a basket category. See id. at 19 and 20. The Court
concluded that the Department failed to present substantial evidence
supporting its surrogate value for sebacic acid. See id. at 22.
Additionally, the Court granted the Department's request for a
voluntary remand to give interested parties an opportunity to comment
on the application of the by-product offset which was changed between
the Preliminary Results and the Final Results without allowing parties
the opportunity to comment on this change. See id. at 22.
In order to comply with the Court's remand order, the Department
reviewed its choice of surrogate value for sebacic acid and made
changes to the Indian import statistics to eliminate a value that the
Department determined to be aberrational. Also, the Department provided
additional explanation of its by-product methodology and provided
interested parties an opportunity to comment on its methodology for the
redetermination on remand. On May 3, 2006, the Department issued its
Final Redetermination Pursuant to Court Remand (``Final
Redetermination'').
Guangdong continued to challenge the Department's determination in
the Final Redetermination. On September 18, 2006, the Court found that
the Department duly complied with the Court's remand order and
sustained the Final Redetermination. See Guangdong II, Slip Op. 06-142
(September 18, 2006). The Court found that the Department's elimination
of aberrational values constituted a reasonable step to compensate for
some weaknesses in the Indian import statistics. See id. at 10.
Therefore, the Court found that the Department's selection of surrogate
value for sebacic acid is supported by substantial evidence. See id. at
12. Also, the Court found that the Department's analysis of the
reliability of the Indian import statistics in view of the
corroborating evidence submitted by Guangdong was reasonable. See id.
at 15. Additionally, the Court upheld the Department's decision to
account for separable costs associated with by-product sales by
applying a by-product credit after the application of financial ratios
to manufacturing costs. See id. at 21. Therefore, the Department's
Final Redetermination was sustained in its entirety by the Court.
Consequently, the antidumping duty rate for Guangdong will be 19.82
percent.
Timken Notice
In its decision in Timken Co., v. United States, 893 F.2d 337, 341
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for
the Federal Circuit held that, pursuant to section 516A(e) of the Act
of 1930, the Department must publish a notice of a court decision that
is not ``in harmony'' with a Department determination, and must suspend
liquidation of entries pending a ``conclusive'' court decision. The
Court's decision in Guangdong II on September 18, 2006, constitutes a
final decision of that court that is not in harmony with the
Department's final results of administrative review. This notice is
published in fulfillment of the publication requirements of Timken.
Accordingly, the Department will continue the suspension of liquidation
of the subject merchandise pending the expiration of the period of
appeal, or, if appealed, upon a final and conclusive court decision.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: September 28, 2006.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E6-16395 Filed 10-3-06; 8:45 am]
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