Notice of Amended Final Results in Accordance With Court Decision: Helical Spring Lock Washers from the People's Republic of China, 68562-68563 [E7-23572]

Download as PDF 68562 Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Notices mstockstill on PROD1PC66 with NOTICES need not respond to requests involving information not covered by the information quality guidelines. .06 The Commission will respond to all Petitions for Correction within sixty (60) calendar days of the receipt of the request by the DCIO, unless there is a reasonable basis for an extension. The requester will be told of the right to appeal the decision. .07 Appeal (a) If the requester is not satisfied with the Commission’s decision on the request, he/she may appeal to the Commission’s CIO within thirty (30) calendar days of the receipt of the Commission’s decision. This administrative appeal must include a copy of the initial request, a copy of the Commission’s decision, and a written narrative explaining why the requester believes the Commission’s decision was inadequate, incomplete, or in error. (b) This appeal will be sent to the Commission’s CIO at the following address: The Chief Information Officer, Staff Director’s Office, RE: Information Quality Appeal, Room 700, 624 Ninth Street, NW., Washington, DC 20425. (c) All appeals will be impartially reviewed by parties other than those who prepared the Commission’s decision. The Commission will respond to all appeals within sixty (60) calendar days of the CIO’s receipt of the appeal. (d) If the appropriate Commission official, whether at the initial or appeal stage, decides that the requester is correct and the information should be corrected, he/she will notify the Staff Director who will instruct the official to take appropriate corrective actions. Appropriate corrective actions may take a number of forms, including (but not limited to): Errata pages, personal contacts via letter or telephone, form letters, press releases or postings on the Commission’s Web site. Corrective measures, where appropriate, should be designed to provide reasonable notice to affected persons of such correction.The Commission will also post information quality correction requests to its Web site. The specific information will include a copy of each correction request, the Commission’s formal response(s), and any communications regarding appeals. [FR Doc. E7–23526 Filed 12–4–07; 8:45 am] BILLING CODE 6335–01–P VerDate Aug<31>2005 19:05 Dec 04, 2007 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–846] Brake Rotors from the People’s Republic of China: Extension of Time Limit for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 5, 2007. FOR FURTHER INFORMATION CONTACT: Frances Veith, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4295. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 2, 2007, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on brake rotors from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five–Year (‘‘Sunset’’) Reviews, 72 FR 35968 (July 2, 2007) (‘‘Initiation Notice’’). Based on an adequate response from the domestic interested party and an inadequate response from the respondent interested party, the Department is conducting an expedited sunset review to determine whether revocation of the antidumping order would lead to the continuation or recurrence of dumping, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations. See Memorandum to the International Trade Commission regarding, ‘‘Expedited Sunset Review of the AD/CVD Order Initiated in July 2007,’’ dated August 21, 2007. On November 5, 2007, the Department published a notice extending the time limit for the completion of the final results of this review by 30 days until November 29, 2007. See Brake Rotors from the People’s Republic of China: Extension of Final Results of the Expedited Sunset Review of Antidumping Duty Order, 72 FR 62430 (November 5, 2007). Extension of Time Limits for Final Results In accordance with section 751(c)(5)(B) of the Act, the Department may extend the 120–day time period for making its determination by not more than 90 days, if it determines that a PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 review is extraordinarily complicated. As set forth in section 751(c)(5)(C)(i) of the Act, the Department may treat a sunset review as extraordinarily complicated if there are a large number of issues, as is the case in this proceeding. In particular, this sunset review involves complicated issues pertaining to adequacy of responses, related party status, and interested party status. Therefore, the Department has determined, pursuant to section 751(c)(5)(C)(i) of the Act, that the second sunset review of brake rotors from the PRC is extraordinarily complicated, as the Department must consider numerous arguments presented in the domestic interested party’s and the U.S. importer’s August 1, 2007, substantive response and each parties’ August 6, 2007, rebuttals to the substantive responses. Based on the timing of the case, the final results of this expedited sunset review cannot be completed within the statutory time limit of 120 days. Accordingly, the Department is extending the time limit for the completion of the final results by an additional 32 days, from the November 29, 2007, extended deadline, to no later than December 31, 2007, in accordance with section 751(c)(5)(B) of the Act. This notice is published pursuant to sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act. Dated: November 29, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–23574 Filed 12–4–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–822 Notice of Amended Final Results in Accordance With Court Decision: Helical Spring Lock Washers from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 5, 2007. SUMMARY: On July 16, 2007, the Court of Appeals for the Federal Circuit (‘‘CAFC’’) affirmed the decision of the U.S. Court of International Trade (‘‘CIT’’) to sustain the Department of Commerce’s (‘‘the Department’’) remand redetermination in the tenth administrative review of the antidumping duty order on helical spring lock washers from the People’s AGENCY: E:\FR\FM\05DEN1.SGM 05DEN1 Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Notices Republic of China (‘‘PRC’’), for the period October 1, 2002, through September 30, 2003. In its redetermination, the Department assigned Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang Wanxin Grp (ZWG)) (‘‘HSW’’) a dumping margin of 19.48 percent, rather than the 0.00 percent calculated in the final results of the 2002–2003 antidumping duty administrative review of helical spring lock washers from the PRC. As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2002– 2003 antidumping duty administrative review of helical spring lock washers from the PRC. FOR FURTHER INFORMATION CONTACT: Marin Weaver or Charles Riggle, 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) 482–2336 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with NOTICES Background On May 17, 2005, the Department published its final results of antidumping duty administrative review. See Certain Helical Spring Lock Washers from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 70 FR 28274 (May 17, 2005) (‘‘Final Results’’), and accompanying Issues and Decisions Memorandum for the administrative review covering October 1, 2002, through September 30, 2003. In its Final Results, the Department calculated an individual rate for the sole respondent, HSW. The petitioner in this case, Shakeproof Assembly Components Division of Illinois Tool Works Inc. (‘‘Shakeproof’’), filed a court challenge (Court No. 05–00404) to the Department’s Final Results. In the CIT proceeding, the Department moved for a voluntary remand, which the court granted. In the remand redetermination, Commerce revisited the methodology employed in the valuation of zinc plating services and determined to rely solely on the value submitted by petitioner, Shakeproof. This resulted in a recalculation of HSW’s dumping margin to 19.48 percent. See Final Results of Redetermination Pursuant to United States Court of International Trade Remand Order Shakeproof Assembly Components Division of Illinois Tool Works, Inc., Plaintiff, v. United States, Defendant, and Hangzhou Spring Washer Co., Ltd., Defendant - Intervenor (June 2, 2006). VerDate Aug<31>2005 19:05 Dec 04, 2007 Jkt 214001 On August 25, 2006, the CIT sustained the final remand redetermination made by the Department. See Shakeproof Assembly v. United States, Slip Op. 2006–129, 2006 Ct. Intl. Trade LEXIS 132 (CIT Aug. 25, 2006). On October 23, 2006, HSW appealed the CIT’s decision. Consistent with the Federal Circuit’s decision in Timken Company v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990), on November 30, 2006, the Department published a ‘‘Notice of Court Decision Not in Harmony with Final Results of Administrative Review,’’ which continued suspension of liquidation of the subject merchandise until there was a ‘‘final and conclusive’’ decision in this case (71 FR 69204). On July 16, 2007, the CAFC issued a judgment (without an opinion) affirming the CIT’s decision upholding Commerce’s remand redetermination. The CAFC’s final judgment was not in harmony with the Department’s Final Results. Appeals of this decision were due by October 15, 2007, and HSW did not file an appeal of the CAFC’s decision. 68563 DEPARTMENT OF COMMERCE International Trade Administration [A–428–841, A–570–925] Sodium Nitrite from the Federal Republic of Germany and the People’s Republic of China: Initiation of Antidumping Duty Investigations Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 5, 2007. FOR FURTHER INFORMATION CONTACT: Brian Smith (Federal Republic of Germany) or Magd Zalok (People’s Republic of China), AD/CVD Operations, Offices 2 and 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1766 or (202) 482– 4162, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions On November 8, 2007, the Department of Commerce (the Department) received Amended Final Results petitions concerning imports of sodium nitrite from the Federal Republic of As the litigation in this case has Germany (Germany) (German petition) concluded, the Department is amending and the People’s Republic of China the Final Results. The revised dumping (PRC) (PRC petition) filed in proper margin in the amended final results is form by General Chemical LLC as follows: (petitioner). See the Petitions on Sodium Nitrite from the Federal Exporter Margin Republic of Germany and the People’s Republic of China submitted on Hangzhou Spring November 8, 2007. On November 14, Washer Co., Ltd. 2007, the Department issued a request (also known as for additional information and Zhejiang Wanxin Grp (ZWG)) ...................... 19.48 percent clarification of certain areas of the petitions. Based on the Department’s requests, the petitioner filed additional The Department intends to issue information on November 19, 2007 appropriate assessment instructions to (three distinct submissions on General, U.S. Customs and Border Protection 15 days after publication of this notice, and Germany–only and PRC–only material). The period of investigation (POI) for cash deposit instructions to revise the Germany is October 1, 2006, through cash deposit rate for the company listed September 30, 2007. The POI for the above, effective as of the publication PRC is April 1, 2007, through September date of this notice. 30, 2007. See 19 CFR 351.204(b)(i). This notice is published in In accordance with section 732(b) of accordance with sections 735(d) and the Tariff Act of 1930, as amended (the 777(i) of the Tariff Act of 1930, as Act), the petitioner alleges that imports of sodium nitrite from Germany and the amended. PRC are being, or are likely to be, sold Dated: November 23, 2007. in the United States at less than fair Stephen J. Claeys, value, within the meaning of section Acting Assistant Secretary for Import 731 of the Act, and that such imports Administration. are materially injuring, or threatening [FR Doc. E7–23572 Filed 12–4–07; 8:45 am] material injury to, an industry in the BILLING CODE 3510–DS–S United States. The Department finds that the petitioner filed these petitions on behalf of the domestic industry because the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Notices]
[Pages 68562-68563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23572]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-822


Notice of Amended Final Results in Accordance With Court 
Decision: Helical Spring Lock Washers from the People's Republic of 
China

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

EFFECTIVE DATE: December 5, 2007.
SUMMARY: On July 16, 2007, the Court of Appeals for the Federal Circuit 
(``CAFC'') affirmed the decision of the U.S. Court of International 
Trade (``CIT'') to sustain the Department of Commerce's (``the 
Department'') remand redetermination in the tenth administrative review 
of the antidumping duty order on helical spring lock washers from the 
People's

[[Page 68563]]

Republic of China (``PRC''), for the period October 1, 2002, through 
September 30, 2003. In its redetermination, the Department assigned 
Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang Wanxin Grp 
(ZWG)) (``HSW'') a dumping margin of 19.48 percent, rather than the 
0.00 percent calculated in the final results of the 2002-2003 
antidumping duty administrative review of helical spring lock washers 
from the PRC. As there is now a final and conclusive court decision in 
this case, the Department is amending the final results of the 2002-
2003 antidumping duty administrative review of helical spring lock 
washers from the PRC. FOR FURTHER INFORMATION CONTACT: Marin Weaver or 
Charles Riggle, 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) 482-2336 or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2005, the Department published its final results of 
antidumping duty administrative review. See Certain Helical Spring Lock 
Washers from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 70 FR 28274 (May 17, 2005) 
(``Final Results''), and accompanying Issues and Decisions Memorandum 
for the administrative review covering October 1, 2002, through 
September 30, 2003. In its Final Results, the Department calculated an 
individual rate for the sole respondent, HSW. The petitioner in this 
case, Shakeproof Assembly Components Division of Illinois Tool Works 
Inc. (``Shakeproof''), filed a court challenge (Court No. 05-00404) to 
the Department's Final Results. In the CIT proceeding, the Department 
moved for a voluntary remand, which the court granted. In the remand 
redetermination, Commerce revisited the methodology employed in the 
valuation of zinc plating services and determined to rely solely on the 
value submitted by petitioner, Shakeproof. This resulted in a 
recalculation of HSW's dumping margin to 19.48 percent. See Final 
Results of Redetermination Pursuant to United States Court of 
International Trade Remand Order Shakeproof Assembly Components 
Division of Illinois Tool Works, Inc., Plaintiff, v. United States, 
Defendant, and Hangzhou Spring Washer Co., Ltd., Defendant - Intervenor 
(June 2, 2006). On August 25, 2006, the CIT sustained the final remand 
redetermination made by the Department. See Shakeproof Assembly v. 
United States, Slip Op. 2006-129, 2006 Ct. Intl. Trade LEXIS 132 (CIT 
Aug. 25, 2006).
    On October 23, 2006, HSW appealed the CIT's decision. Consistent 
with the Federal Circuit's decision in Timken Company v. United States, 
893 F.2d 337, 341 (Fed. Cir. 1990), on November 30, 2006, the 
Department published a ``Notice of Court Decision Not in Harmony with 
Final Results of Administrative Review,'' which continued suspension of 
liquidation of the subject merchandise until there was a ``final and 
conclusive'' decision in this case (71 FR 69204). On July 16, 2007, the 
CAFC issued a judgment (without an opinion) affirming the CIT's 
decision upholding Commerce's remand redetermination. The CAFC's final 
judgment was not in harmony with the Department's Final Results. 
Appeals of this decision were due by October 15, 2007, and HSW did not 
file an appeal of the CAFC's decision.

Amended Final Results

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

------------------------------------------------------------------------
                      Exporter                              Margin
------------------------------------------------------------------------
 Hangzhou Spring Washer Co., Ltd. (also known as           19.48 percent
 Zhejiang Wanxin Grp (ZWG)).........................
------------------------------------------------------------------------

    The Department intends to issue appropriate assessment instructions 
to U.S. Customs and Border Protection 15 days after publication of this 
notice, and cash deposit instructions to revise the cash deposit rate 
for the company listed above, effective as of the publication date of 
this notice.
    This notice is published in accordance with sections 735(d) and 
777(i) of the Tariff Act of 1930, as amended.

    Dated: November 23, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-23572 Filed 12-4-07; 8:45 am]
BILLING CODE 3510-DS-S