Notice of Amended Final Results in Accordance With Court Decision: Antidumping Duty Administrative Review of Sebacic Acid from the People's Republic of China, 75503 [E6-21439]
Download as PDF
<![CDATA[
75503
Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Notices
This notice is published pursuant to
sections 751(a)(2)(B)(iv) and 777(i)(1) of
the Act.
Dated: December 8, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–21442 Filed 12–14–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–827
Notice of Amended Final Results in
Accordance With Court Decision:
Antidumping Duty Administrative
Review of Sebacic Acid from the
People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 18, 2006, the
United States Court of International
Trade (‘‘CIT’’) affirmed the
redetermination of the Department of
Commerce (‘‘the Department’’) in the
antidumping duty (‘‘AD’’)
administrative review of sebacic acid
from the People’s Republic of China
(‘‘PRC’’). See Guangdong Chemicals
Import and Export Corporation v. the
United States, Court No. 05–00023;
Slip–Op 06–142 (CIT 2006); see also
Department’s Final Results of
Redetermination Pursuant to Court
Order: Guangdong Chemicals Import
and Export Corporation v. United States
(dated May 3, 2006). 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: December 15, 2006.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moats at (202) 482–5047, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On
December 16, 2004, the Department
published in the Federal Register the
final results of the 2002–2003
administrative review of the
antidumping duty order on sebacic acid
from the PRC. See Sebacic Acid From
the People’s Republic of China: Final
Results Antidumping Duty
Administrative Review, 69 FR 75303
(‘‘Final Results’’). In that review, the
Department relied on Monthly Statistics
of the Foreign Trade of India (MSFTI)
for the period of review (‘‘POR’’) to
mstockstill on PROD1PC61 with NOTICES
AGENCY:
VerDate Aug<31>2005
15:47 Dec 14, 2006
Jkt 211001
value sebacic acid, a surrogate value
used to allocate the respondent’s
reported inputs between the production
of the subject merchandise, sebacic acid,
and non–subject merchandise.
Additionally, in that review the
Department deducted the by–product
offset from normal value.
The respondent in the 2002–2003
administrative review of the
antidumping duty order on sebacic acid
from the PRC filed a complaint with the
CIT contesting both the surrogate value
assigned to sebacic acid and the location
of the deduction of the by–product
offset in the Final Results. The
Department filed a motion with the CIT
for a voluntary remand with respect to
the application of the by–product offset.
On January 25, 2006, the CIT remanded
this case to the Department to re–
evaluate the surrogate value selected to
value sebacic acid and granted the
Department’s request for a voluntary
remand with respect to the application
of the by–product offset. On May 3,
2006, the Department issued its final
results of remand redetermination on
the surrogate value selected to value
sebacic acid and its voluntary
redetermination to further explain its
application of the by–product offset.
In its redetermination, the Department
concluded that it was appropriate to
value sebacic acid using MSFTI data
after removing aberrational amounts
(‘‘MSFTI data’’), rather than the
Chemical Weekly ChemImpEx database
(‘‘ChemImpEx’’) as suggested by the
respondent. The Department reached
this conclusion because, unlike the
ChemImpEx data, the MSFTI data is
official government data and had a
greater variety of data points. On
September 18, 2006, the CIT affirmed
the Department’s remand
redetermination. See Guangdong
Chemicals Import & Export Corporation
v. United States, Ct. No. 05–00023 Slip
Op. 06–142 (September 18, 2006).
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit in Timken Company v.
United States and China National
Machinery and Equipment Import and
Export Corporation, 893 F. 2d 337 (Fed.
Cir. 1990) (‘‘Timken’’), on October 4,
2006, the Department published a notice
announcing that the CIT’s decision was
not in harmony with the Department’s
determination in the 2002–2003
administrative review of the
antidumping duty order on sebacic acid
from the PRC. No party appealed the
CIT’s decision. Therefore, there is now
a final and conclusive court decision in
this case.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
Amended Final Results of Review
As the litigation in this case has
concluded, the Department is amending
the Final Results. The dumping margins
in the amended final results of review
are as follows:
Exporter/Manufacturer
Margin
(percent)
Guangdong Chemicals Import
and Export Corporation ...........
19.82
The PRC–wide rate continues to be
243.40 percent.
Assessment
The Department intends to issue
assessment instruction to U.S. Customs
and Border Protection 15 days after the
date of publication of these amended
final results of review.
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: December 8, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–21439 Filed 12–14–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–805]
Correction to Notice of Extension of
Time Limit for Preliminary Results of
Antidumping Duty Administrative
Review: Stainless Steel Bar From
Spain
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: December 15,
2006.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Minoo Hatten,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0665 and (202)
482–1690, respectively.
Correction
On December 1, 2006, the Department
of Commerce published a notice of
extension of time limit for the
preliminary results of the antidumping
duty administrative review of the order
on stainless steel bar from Spain for the
period March 1, 2005, through February
E:\FR\FM\15DEN1.SGM
15DEN1
]]>Agencies
[Federal Register Volume 71, Number 241 (Friday, December 15, 2006)]
[Notices]
[Page 75503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21439]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-827
Notice of Amended Final Results in Accordance With Court
Decision: Antidumping Duty Administrative Review of Sebacic Acid from
the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 18, 2006, the United States Court of
International Trade (``CIT'') affirmed the redetermination of the
Department of Commerce (``the Department'') in the antidumping duty
(``AD'') administrative review of sebacic acid from the People's
Republic of China (``PRC''). See Guangdong Chemicals Import and Export
Corporation v. the United States, Court No. 05-00023; Slip-Op 06-142
(CIT 2006); see also Department's Final Results of Redetermination
Pursuant to Court Order: Guangdong Chemicals Import and Export
Corporation v. United States (dated May 3, 2006). 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: December 15, 2006.
FOR FURTHER INFORMATION CONTACT: Jennifer Moats at (202) 482-5047, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On December 16, 2004, the Department
published in the Federal Register the final results of the 2002-2003
administrative review of the antidumping duty order on sebacic acid
from the PRC. See Sebacic Acid From the People's Republic of China:
Final Results Antidumping Duty Administrative Review, 69 FR 75303
(``Final Results''). In that review, the Department relied on Monthly
Statistics of the Foreign Trade of India (MSFTI) for the period of
review (``POR'') to value sebacic acid, a surrogate value used to
allocate the respondent's reported inputs between the production of the
subject merchandise, sebacic acid, and non-subject merchandise.
Additionally, in that review the Department deducted the by-product
offset from normal value.
The respondent in the 2002-2003 administrative review of the
antidumping duty order on sebacic acid from the PRC filed a complaint
with the CIT contesting both the surrogate value assigned to sebacic
acid and the location of the deduction of the by-product offset in the
Final Results. The Department filed a motion with the CIT for a
voluntary remand with respect to the application of the by-product
offset. On January 25, 2006, the CIT remanded this case to the
Department to re-evaluate the surrogate value selected to value sebacic
acid and granted the Department's request for a voluntary remand with
respect to the application of the by-product offset. On May 3, 2006,
the Department issued its final results of remand redetermination on
the surrogate value selected to value sebacic acid and its voluntary
redetermination to further explain its application of the by-product
offset.
In its redetermination, the Department concluded that it was
appropriate to value sebacic acid using MSFTI data after removing
aberrational amounts (``MSFTI data''), rather than the Chemical Weekly
ChemImpEx database (``ChemImpEx'') as suggested by the respondent. The
Department reached this conclusion because, unlike the ChemImpEx data,
the MSFTI data is official government data and had a greater variety of
data points. On September 18, 2006, the CIT affirmed the Department's
remand redetermination. See Guangdong Chemicals Import & Export
Corporation v. United States, Ct. No. 05-00023 Slip Op. 06-142
(September 18, 2006). Consistent with the decision of the United States
Court of Appeals for the Federal Circuit in Timken Company v. United
States and China National Machinery and Equipment Import and Export
Corporation, 893 F. 2d 337 (Fed. Cir. 1990) (``Timken''), on October 4,
2006, the Department published a notice announcing that the CIT's
decision was not in harmony with the Department's determination in the
2002-2003 administrative review of the antidumping duty order on
sebacic acid from the PRC. No party appealed the CIT's decision.
Therefore, there is now a final and conclusive court decision in this
case.
Amended Final Results of Review
As the litigation in this case has concluded, the Department is
amending the Final Results. The dumping margins in the amended final
results of review are as follows:
------------------------------------------------------------------------
Margin
Exporter/Manufacturer (percent)
------------------------------------------------------------------------
Guangdong Chemicals Import and Export Corporation........... 19.82
------------------------------------------------------------------------
The PRC-wide rate continues to be 243.40 percent.
Assessment
The Department intends to issue assessment instruction to U.S.
Customs and Border Protection 15 days after the date of publication of
these amended final results of review.
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: December 8, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-21439 Filed 12-14-06; 8:45 am]
BILLING CODE 3510-DS-S
