Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order Pursuant to Court Decision: Lawn and Garden Steel Fence Posts from the People's Republic of China, 32835-32836 [E7-11522]

Download as PDF Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Notices The meeting will be held at the Hilton Springfield, 6550 Loisdale Road, Springfield, Virginia 22150. FOR FURTHER INFORMATION CONTACT: Anne Bartholomew, Supplemental Food Programs Division, Food and Nutrition Service, Department of Agriculture, (703) 305–2086. SUPPLEMENTARY INFORMATION: The Council will continue its study of the Special Supplemental Nutrition Program for Women, Infants and Children, and the Commodity Supplemental Food Program. The agenda items will include a discussion of general program issues. Meetings of the Council are open to the public. Members of the public may participate, as time permits. Members of the public may file written statements before or after the meeting with Anne Bartholomew, Supplemental Food Programs Division, 3101 Park Center Drive, Room 522, Alexandria, Virginia 22302. 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[FR Doc. 07–2936 Filed 6–13–07; 8:45 am] BILLING CODE 3410–11–M PO 00000 Frm 00003 Fmt 4703 DEPARTMENT OF COMMERCE International Trade Administration (A–570–877) Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order Pursuant to Court Decision: Lawn and Garden Steel Fence Posts from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 14, 2007. SUMMARY: On September 22, 2005, the United States Court of International Trade (‘‘CIT’’) sustained the Final Results of Redetermination Pursuant to Remand, Hebei Metals & Minerals Imp. & Exp. Corp. And Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United States (July 20, 2005) (‘‘Second Remand Redetermination’’) made by the Department of Commerce (‘‘the Department’’) pursuant to the CIT’s second remand of the final determination of the less–than-fair– value investigation of lawn and garden steel fence posts from the People’s Republic of China (‘‘PRC’’). See Hebei Metals & Minerals Import & Export Corporation and Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United States, Consol. Ct. No. 03–00442, Slip Op. 05–126, (CIT September 22, 2005) (‘‘Court Decision in Hebei Metals’’). As there is now a final and conclusive court decision in this case, the Department is amending the final determination and antidumping duty order of this investigation. FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Blanche Ziv, 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 or (202) 482– 4207, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Forest Service AGENCY: 32835 Sfmt 4703 Background On April 23, 2003, the Department published in the Federal Register its final determination in the above– referenced investigation covering the period October 1, 2001, through March 31, 2002. See Final Determination of Sales at Less Than Fair Value: Lawn and Garden Steel Fence Posts From the People’s Republic of China, 68 FR 20373 (April 25, 2003) (‘‘Final Determination’’). Following publication of the Final Determination, Hebei Metals & Minerals Import & Export E:\FR\FM\14JNN1.SGM 14JNN1 jlentini on PROD1PC65 with NOTICES 32836 Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Notices Corporation and Hebei Wuxin Metals & Minerals Trading Co., Ltd. (collectively, ‘‘Hebei Metals’’) filed a lawsuit with the CIT challenging the Department’s Final Determination. Hebei Metals challenged the surrogate coal value, the surrogate steel–pallet value, and the exclusion of certain items in the calculation of the surrogate financial ratios. On September 11, 2003, the CIT issued on behalf of Hebei Metals, an injunction enjoining the Department from issuing instructions to liquidate entries of lawn and garden steel fence posts from the PRC. See Hebei Metals & Minerals Import & Export Corporation, et. al. v. United States, Court No. 03–00442 (September 11, 2003). On July 19, 2004, the CIT first remanded this case to the Department to address three aspects of the Department’s antidumping duties calculation in the Final Determination: (1) the use of an Indian import price, based on Indian Import Statistics, rather than an Indian domestic price, based on Tata Energy Research Institute’s Energy Data Directory & Yearbook (‘‘Teri Data’’) for the surrogate value for coal, (2) the inclusion of a Swedish import value in the surrogate value for steel–pallet packing material, and (3) exclusion of internal consumption from raw material expenditures in the calculation of surrogate ratios for selling, general, and administrative (‘‘SG&A’’) expenses and profit. See Hebei Metals &Minerals Import & Export Corporation, et al. v. United States, Slip Op. 04–88 (CIT July 19, 2004) (‘‘First Remand’’). On October 20, 2004, the Department issued the Final Results of Redetermination Pursuant to Remand, Hebei Metals & Minerals Imp. & Exp. Corp. And Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United States (October 20, 2004) (‘‘First Remand Redetermination’’) in the above–referenced investigation pursuant to the CIT’s remand order on July 19, 2004. In its redetermination the Department (1) concluded that substantial evidence indicated that the use of the Indian import prices for the surrogate value of coal yielded a more accurate surrogate value than the domestic coal value on the record; (2) pursuant to the Court’s instructions, excluded the Swedish import value from the calculation of the surrogate value for steel pallets; and (3) concluded that substantial record evidence demonstrated the significance of internal consumption, and its removal from the denominator increased the accuracy of the ratios. On March 10, 2005, the CIT issued a second remand. See Hebei Metals & Minerals Import & Export Corporation VerDate Aug<31>2005 17:22 Jun 13, 2007 Jkt 211001 and Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United States, Slip Op. 05–32 (CIT March 10, 2005) (‘‘Second Remand’’). In the Second Remand, the CIT determined that (1) the Department’s selection of a surrogate coal value was arbitrary and unsupported by substantial evidence and, therefore, remanded this issue to the Department for reconsideration; (2) the Department had adequately complied with the CIT’s instructions to exclude a Swedish import value from the calculation of the surrogate value for steel pallets and, therefore, the issue was no longer before the Court; and (3) the Department provided a reasonable explanation as to why it is not appropriate to remove any amounts from the numerators of the SG&A and factory overhead surrogate financial ratios and, therefore, sustained the Department’s determination. Id. On July 20, 2005, the Department issued its Second Remand Redetermination. In its second redetermination, the Department determined that the Teri Data, placed on the record by Hebei Metals, was the best source of data for the selection of a surrogate value for coal in this proceeding because it was complete and comprehensive in that it covers all sales of all types of coal made by Coal India Limited and its subsidiaries and because it was exclusive of duties and taxes. On September 22, 2005, the CIT sustained the Department’s Second Remand Redetermination. See Court Decision in Hebei Metals, Slip Op. 05–126. The CIT’s final judgment was not in harmony with the Department’s Final Determination. No party appealed the CIT’s decision. As there is now a final and conclusive court decision in this case, we are amending our Final Determination. Amended Final Determination As the litigation in this case has concluded, the Department is amending the Final Determination. The revised dumping margin in the amended final determination is as follows: Exporter Margin Hebei Metals & Minerals Import & Export Corporation ............... 6.49 percent The PRC–wide rate continues to be 15.61 percent as determined in the Department’s Final Determination. Within five business days of publication of this notice, the Department will issue instructions to U.S. Customs and Border Protection (‘‘CBP’’) to revise the cash deposit rates for the company listed PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 above, effective as of the publication date of this notice. Because Hebei Metals received a preliminary injunction, we will also instruct CBP to liquidate all entries, for which no review was requested, at the new cash deposit rate. This notice is published in accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended. Dated: June 8, 2007. David M. Spooner, Assistant Secretary for Import Administration [FR Doc. E7–11522 Filed 6–13–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA69 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public workshops. AGENCY: SUMMARY: NMFS announces Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in July, August, and September of 2007. Fishermen and shark dealers are required to attend a workshop to meet new regulatory requirements and maintain valid permits. The Atlantic Shark Identification Workshops are mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshops are mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held throughout 2007. DATES: The Atlantic Shark Identification Workshop will be held July 12, August 9, and September 6, 2007. The Protected Species Safe Handling, Release, and Identification Workshop will be held July 3, 10, 17, 25, August 1, 16, 30, and September 5, 11, 19, 2007. See SUPPLEMENTARY INFORMATION for further details. ADDRESSES: The Atlantic Shark Identification Workshop will be held in E:\FR\FM\14JNN1.SGM 14JNN1

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[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Notices]
[Pages 32835-32836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11522]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-877)


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order Pursuant to Court Decision: Lawn and 
Garden Steel Fence Posts from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 14, 2007.
SUMMARY: On September 22, 2005, the United States Court of 
International Trade (``CIT'') sustained the Final Results of 
Redetermination Pursuant to Remand, Hebei Metals & Minerals Imp. & Exp. 
Corp. And Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United 
States (July 20, 2005) (``Second Remand Redetermination'') made by the 
Department of Commerce (``the Department'') pursuant to the CIT's 
second remand of the final determination of the less-than-fair-value 
investigation of lawn and garden steel fence posts from the People's 
Republic of China (``PRC''). See Hebei Metals & Minerals Import & 
Export Corporation and Hebei Wuxin Metals & Minerals Trading Co., Ltd. 
v. United States, Consol. Ct. No. 03-00442, Slip Op. 05-126, (CIT 
September 22, 2005) (``Court Decision in Hebei Metals''). As there is 
now a final and conclusive court decision in this case, the Department 
is amending the final determination and antidumping duty order of this 
investigation.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Blanche Ziv, 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 or (202) 482-4207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 23, 2003, the Department published in the Federal Register 
its final determination in the above-referenced investigation covering 
the period October 1, 2001, through March 31, 2002. See Final 
Determination of Sales at Less Than Fair Value: Lawn and Garden Steel 
Fence Posts From the People's Republic of China, 68 FR 20373 (April 25, 
2003) (``Final Determination''). Following publication of the Final 
Determination, Hebei Metals & Minerals Import & Export

[[Page 32836]]

Corporation and Hebei Wuxin Metals & Minerals Trading Co., Ltd. 
(collectively, ``Hebei Metals'') filed a lawsuit with the CIT 
challenging the Department's Final Determination. Hebei Metals 
challenged the surrogate coal value, the surrogate steel-pallet value, 
and the exclusion of certain items in the calculation of the surrogate 
financial ratios. On September 11, 2003, the CIT issued on behalf of 
Hebei Metals, an injunction enjoining the Department from issuing 
instructions to liquidate entries of lawn and garden steel fence posts 
from the PRC. See Hebei Metals & Minerals Import & Export Corporation, 
et. al. v. United States, Court No. 03-00442 (September 11, 2003).
    On July 19, 2004, the CIT first remanded this case to the 
Department to address three aspects of the Department's antidumping 
duties calculation in the Final Determination: (1) the use of an Indian 
import price, based on Indian Import Statistics, rather than an Indian 
domestic price, based on Tata Energy Research Institute's Energy Data 
Directory & Yearbook (``Teri Data'') for the surrogate value for coal, 
(2) the inclusion of a Swedish import value in the surrogate value for 
steel-pallet packing material, and (3) exclusion of internal 
consumption from raw material expenditures in the calculation of 
surrogate ratios for selling, general, and administrative (``SG&A'') 
expenses and profit. See Hebei Metals &Minerals Import & Export 
Corporation, et al. v. United States, Slip Op. 04-88 (CIT July 19, 
2004) (``First Remand'').
    On October 20, 2004, the Department issued the Final Results of 
Redetermination Pursuant to Remand, Hebei Metals & Minerals Imp. & Exp. 
Corp. And Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United 
States (October 20, 2004) (``First Remand Redetermination'') in the 
above-referenced investigation pursuant to the CIT's remand order on 
July 19, 2004. In its redetermination the Department (1) concluded that 
substantial evidence indicated that the use of the Indian import prices 
for the surrogate value of coal yielded a more accurate surrogate value 
than the domestic coal value on the record; (2) pursuant to the Court's 
instructions, excluded the Swedish import value from the calculation of 
the surrogate value for steel pallets; and (3) concluded that 
substantial record evidence demonstrated the significance of internal 
consumption, and its removal from the denominator increased the 
accuracy of the ratios.
    On March 10, 2005, the CIT issued a second remand. See Hebei Metals 
& Minerals Import & Export Corporation and Hebei Wuxin Metals & 
Minerals Trading Co., Ltd. v. United States, Slip Op. 05-32 (CIT March 
10, 2005) (``Second Remand''). In the Second Remand, the CIT determined 
that (1) the Department's selection of a surrogate coal value was 
arbitrary and unsupported by substantial evidence and, therefore, 
remanded this issue to the Department for reconsideration; (2) the 
Department had adequately complied with the CIT's instructions to 
exclude a Swedish import value from the calculation of the surrogate 
value for steel pallets and, therefore, the issue was no longer before 
the Court; and (3) the Department provided a reasonable explanation as 
to why it is not appropriate to remove any amounts from the numerators 
of the SG&A and factory overhead surrogate financial ratios and, 
therefore, sustained the Department's determination. Id.
    On July 20, 2005, the Department issued its Second Remand 
Redetermination. In its second redetermination, the Department 
determined that the Teri Data, placed on the record by Hebei Metals, 
was the best source of data for the selection of a surrogate value for 
coal in this proceeding because it was complete and comprehensive in 
that it covers all sales of all types of coal made by Coal India 
Limited and its subsidiaries and because it was exclusive of duties and 
taxes. On September 22, 2005, the CIT sustained the Department's Second 
Remand Redetermination. See Court Decision in Hebei Metals, Slip Op. 
05-126. The CIT's final judgment was not in harmony with the 
Department's Final Determination. No party appealed the CIT's decision. 
As there is now a final and conclusive court decision in this case, we 
are amending our Final Determination.

Amended Final Determination

    As the litigation in this case has concluded, the Department is 
amending the Final Determination. The revised dumping margin in the 
amended final determination is as follows:

------------------------------------------------------------------------
                      Exporter                              Margin
------------------------------------------------------------------------
Hebei Metals & Minerals Import & Export Corporation.        6.49 percent
------------------------------------------------------------------------

    The PRC-wide rate continues to be 15.61 percent as determined in 
the Department's Final Determination. Within five business days of 
publication of this notice, the Department will issue instructions to 
U.S. Customs and Border Protection (``CBP'') to revise the cash deposit 
rates for the company listed above, effective as of the publication 
date of this notice. Because Hebei Metals received a preliminary 
injunction, we will also instruct CBP to liquidate all entries, for 
which no review was requested, at the new cash deposit rate.
    This notice is published in accordance with sections 735(d) and 
777(i) of the Tariff Act of 1930, as amended.

    Dated: June 8, 2007.
David M. Spooner,
Assistant Secretary for Import Administration
[FR Doc. E7-11522 Filed 6-13-07; 8:45 am]
BILLING CODE 3510-DS-S