Certain Cased Pencils from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 45177-45178 [E9-21005]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
disability, and where applicable, sex,
marital status, familial status, parental
status, religion, sexual orientation,
genetic information, political beliefs,
reprisal, or because all or part of an
individual’s income is derived from any
public assistance program. (Not all
prohibited bases apply to all programs.)
Persons with disabilities who require
alternative means for communication of
program information (Braille, large
print, audiotape, etc.) should contact
USDA’s TARGET Center at (202) 720–
2600 (voice and TDD). To file a
complaint of discrimination, write to
USDA, Director, Office of Civil Rights,
1400 Independence Avenue, SW.,
Washington, DC 20250–9410, or call
(866) 632–9992 (voice) or (202) 401–
0216 (TDD). USDA is an equal
opportunity provider and employer.
Dated: August 25, 2009.
Judith A. Canales,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. E9–21030 Filed 8–31–09; 8:45 am]
damaged the bulk train car loading area
and parts of the sugar refinery.
Following the staff presentation and
the conclusion of the public comment
period, the Board will consider whether
to approve the final report and
recommendations. All staff
presentations are preliminary and are
intended solely to allow the Board to
consider in a public forum the issues
and factors involved in this case. No
factual analyses, conclusions or findings
presented by staff should be considered
final. Only after the Board has
considered the final staff presentation,
listened to the witnesses and the public
comments and approved the staff report
will there be an approved final record
of this incident.
The meeting will be open to the
public. Please notify CSB if a translator
or interpreter is needed, at least 5
business days prior to the public
meeting. For more information, please
contact the Chemical Safety and Hazard
Investigation Board at (202)–261–7600,
or visit our Web site at: www.csb.gov.
BILLING CODE 3410–XY–P
Christopher W. Warner,
General Counsel.
[FR Doc. E9–21127 Filed 8–28–09; 11:15 am]
CHEMICAL SAFETY AND HAZARD
INVESTIGATION BOARD
BILLING CODE 6350–01–P
mstockstill on DSKH9S0YB1PROD with NOTICES
Sunshine Act Meeting—September 24,
2009—6:30 pm
In connection with its investigation
into the cause of a February 7, 2008, an
explosion and fire at the Imperial Sugar
refinery northwest of Savannah,
Georgia, the Chemical Safety and
Hazard Investigation Board announces
that it will convene a public meeting on
September 24, 2009, starting at 6:30 pm
at the Hilton Savannah DeSoto—15 East
Liberty Street, Savannah, Georgia.
At the meeting CSB staff will present
to the Board the results of their
investigation into this incident. Key
issues involved in the investigation
concern combustible dust hazard
recognition, minimizing combustible
dust accumulation in the workplace,
and equipment design and maintenance.
This will be followed by a public
comment period prior to a Board vote
on the report.
Incident: On February 7, 2008, at
about 7:15 p.m., a series of sugar dust
explosions at the Imperial Sugar
manufacturing facility in Port
Wentworth, Georgia, resulted in 14
worker fatalities and 36 injuries. Eight
workers died at the scene and six
eventually succumbed to their injuries
at the Augusta Burn Center. The
explosions and subsequent fires
destroyed the sugar packing buildings,
palletizer room, and silos, and severely
VerDate Nov<24>2008
22:05 Aug 31, 2009
Jkt 217001
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–827)
Certain Cased Pencils from the
People’s Republic of China: Amended
Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 13, 2009, the
Department of Commerce (‘‘the
Department’’) published the final results
of the administrative review of the
antidumping duty order on certain
cased pencils from the People’s
Republic of China (‘‘PRC’’), covering the
period December 1, 2006, through
November 30, 2007. See Certain Cased
Pencils from the People’s Republic of
China: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review, 74 FR 33406
(July 13, 2009) (‘‘Final Results’’). We are
amending the Final Results to correct
ministerial errors in the calculation of
the weighted–average margin and the
assessment rate applicable to entries by
certain respondents to this proceeding,
China First Pencil Co., Ltd. (‘‘China
First’’), Shanghai Three Star Stationery
Industry Co., Ltd. (‘‘Three Star’’), and
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
45177
Orient International Holding Shanghai
Foreign Trade Corporation (‘‘SFTC’’)
(collectively, ‘‘Respondents’’), pursuant
to section 751(h) of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.224(e). We released the final
amended results to the parties on
Wednesday, August 19, 2009. However,
that version inadvertently included an
incorrect weighted average margin for
SFTC, so this amended final results
correct that error. The error was
discovered prior to publication in the
Federal Register; consequently, this
amended notice is being published in its
place.
EFFECTIVE DATE: September 1, 2009.
FOR FURTHER INFORMATION CONTACT:
David Layton or Alexander Montoro, at
(202) 482–0371 or (202) 482–0238,
respectively; AD/CD Operations, Office
1, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 2009, China First, Three
Star and SFTC submitted timely
allegations of ministerial errors
pursuant to 19 CFR 351.224(c)(1). First,
Respondents alleged that the
Department did not use the correct
conversion percentage for slats. Second,
Respondents alleged that the
Department did not calculate the
surrogate value for slats correctly. Third,
Respondents alleged that the
Department valued both lacquer and the
inputs to make lacquer. Fourth,
Respondents alleged that the
Department should not have inflated the
surrogate value for plastic toppers.
Finally, Respondents alleged that the
Department should adjust the separate
rate assigned to SFTC after correcting
for the above–described allegations of
ministerial errors. See Memorandum
from David Layton, Alexander Montoro,
and Joseph Shuler, International Trade
Compliance Analysts, to Susan
Kuhbach, Director of AD/CD
Operations, Office 1, ‘‘Ministerial Error
Allegations’’ (August 18, 2009)
(‘‘Ministerial Error Allegations Memo’’).
On July 28, 2009, the petitioners to
this proceeding, Sanford L.P., Musgrave
Pencil Company, RoseMoon Inc., and
General Pencil Company (collectively,
‘‘Petitioners’’), submitted a reply to
China First’s, Three Star’s and SFTC’s
ministerial error allegations. Petitioners
argued that the Department must take
into account China First’s full lumber–
to-slat yield loss ratio when calculating
China First’s slat surrogate value. In
E:\FR\FM\01SEN1.SGM
01SEN1
45178
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
addition, Petitioners argued that the
Department should use an average of
yield loss ratios reported by China First
and another respondent, Shandong
Rongxin Import & Export Co., Ltd
(‘‘Rongxin’’), to calculate Three Star’s
yield loss ratio for slats. Moreover,
Petitioners asserted that the Department
properly calculated the surrogate value
for slats, lacquer and plastic toppers.
Amended Final Results of Review
A ministerial error, as defined in
section 751(h) of the Act, includes
‘‘errors in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
{Secretary} considers ministerial.’’ See
also 19 CFR 351.224(f). After analyzing
Respondents’ allegations, we have
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
that the Department made ministerial
errors in the Final Results by not using
the correct yield loss conversion
percentage to calculate China First’s and
Three Star’s surrogate value for slats;
and by using a surrogate dollar value
not based on kilograms in its slat
surrogate value calculation for China
First, Three Star, and Rongxin. In
addition, the Department made a
ministerial error by valuing both lacquer
and the inputs to make lacquer,
resulting in double–counting. The
Department also made a ministerial
error by using an incorrect surrogate
value for plastic toppers. Correcting for
those ministerial errors also requires the
Department to adjust the separate rate
assigned to SFTC. For additional
explanation, see the Ministerial Error
Allegations Memo.
Therefore, we are amending the final
results of administrative review of
certain cased pencils from the PRC for
the period December 1, 2006, through
November 30, 2007, to include the
revised surrogate value calculations for
slats, lacquer and plastic toppers. The
revised weighted–average percentage
dumping margin for China First, Three
Star, and SFTC are as follows:
Manufacturer/exporter
Margin (percent)
China First Pencil Company, Ltd. (which includes its affiliates China First Pencil Fang Zheng Co., Shanghai
First Writing Instrument Co., Ltd., and Shanghai Great Wall Pencil Co., Ltd.) ...................................................
Shanghai Three Star Stationery Industry Corp .......................................................................................................
Shandong Rongxin Import & Export Co., Ltd1 ........................................................................................................
Orient International Holding Shanghai Foreign Trade Co., Ltd ..............................................................................
PRC–wide Entity2 ....................................................................................................................................................
10.41
59.62
11.48
32.21
114.90
1 We have not addressed comments pertaining to clerical error allegations relating to Rongxin’s margin in the Final Results because the U.S.
Court of International Trade has obtained jurisdiction of those results pursuant to Rongxin having filed a complaint. See Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No. 09-00316 (Complaint filed August 8, 2009); see also Zenith Elecs. Corp. v. United States, 884
F.2d 556, 561 (Fed. Cir. 1989).
2 The PRC-wide entity includes Anhui Import Export Co., Ltd., Guangdong Provincial Stationery and Sporting Goods Import Export Corporation,
and Tianjin Custom Wood Processing Co., Ltd. A review was requested for these three companies.
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries based
on the amended final results. For details
on the assessment of antidumping
duties on all appropriate entries, see the
Final Results.
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after the date of
publication of the amended final results
of the administrative review.
separate rate, the cash deposit rate will
be the company–specific rate
established in the most recent segment
of this proceeding; (3) for all other PRC
exporters, the cash deposit rate will be
the PRC–wide rate established in the
final results of this review which is
114.90 percent; and (4) the cash–deposit
rate for any non–PRC exporter of subject
merchandise from the PRC will be the
rate applicable to the PRC exporter that
supplied that exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
Notification to Importers
The following deposit rates will be
effective retroactively on any entries
made on or after July 13, 2009, the date
of publication of the Final Results, for
all shipments of certain cased pencils
from the PRC entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the reviewed
companies named above will be the
rates established in the amended final
results of this review, except if a rate is
less than 0.5 percent, and therefore de
minimis, the cash deposit rate will be
zero; (2) for any previously reviewed or
investigated PRC or non–PRC exporter,
not covered in this review, with a
This notice also 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 in the subsequent
assessment of double antidumping
duties.
mstockstill on DSKH9S0YB1PROD with NOTICES
Assessment Rate
VerDate Nov<24>2008
17:18 Aug 31, 2009
Jkt 217001
Notification to Interested Parties
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 the terms of an
APO is a sanctionable violation
Disclosure
We will disclose the calculations
performed for these amended final
results within five days of the date of
publication of this notice to interested
parties in accordance with 19 CFR
351.224(b).
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: August 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–21005 Filed 8–31–09; 8:45 am]
BILLING CODE 3510–DS–S
This notice is also the reminder to
parties subject to administrative
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
E:\FR\FM\01SEN1.SGM
01SEN1
]]>Agencies
[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45177-45178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21005]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-827)
Certain Cased Pencils from the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 13, 2009, the Department of Commerce (``the
Department'') published the final results of the administrative review
of the antidumping duty order on certain cased pencils from the
People's Republic of China (``PRC''), covering the period December 1,
2006, through November 30, 2007. See Certain Cased Pencils from the
People's Republic of China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 74 FR 33406 (July 13, 2009)
(``Final Results''). We are amending the Final Results to correct
ministerial errors in the calculation of the weighted-average margin
and the assessment rate applicable to entries by certain respondents to
this proceeding, China First Pencil Co., Ltd. (``China First''),
Shanghai Three Star Stationery Industry Co., Ltd. (``Three Star''), and
Orient International Holding Shanghai Foreign Trade Corporation
(``SFTC'') (collectively, ``Respondents''), pursuant to section 751(h)
of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR
351.224(e). We released the final amended results to the parties on
Wednesday, August 19, 2009. However, that version inadvertently
included an incorrect weighted average margin for SFTC, so this amended
final results correct that error. The error was discovered prior to
publication in the Federal Register; consequently, this amended notice
is being published in its place.
EFFECTIVE DATE: September 1, 2009.
FOR FURTHER INFORMATION CONTACT: David Layton or Alexander Montoro, at
(202) 482-0371 or (202) 482-0238, respectively; AD/CD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14\th\ Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 2009, China First, Three Star and SFTC submitted timely
allegations of ministerial errors pursuant to 19 CFR 351.224(c)(1).
First, Respondents alleged that the Department did not use the correct
conversion percentage for slats. Second, Respondents alleged that the
Department did not calculate the surrogate value for slats correctly.
Third, Respondents alleged that the Department valued both lacquer and
the inputs to make lacquer. Fourth, Respondents alleged that the
Department should not have inflated the surrogate value for plastic
toppers. Finally, Respondents alleged that the Department should adjust
the separate rate assigned to SFTC after correcting for the above-
described allegations of ministerial errors. See Memorandum from David
Layton, Alexander Montoro, and Joseph Shuler, International Trade
Compliance Analysts, to Susan Kuhbach, Director of AD/CD Operations,
Office 1, ``Ministerial Error Allegations'' (August 18, 2009)
(``Ministerial Error Allegations Memo'').
On July 28, 2009, the petitioners to this proceeding, Sanford L.P.,
Musgrave Pencil Company, RoseMoon Inc., and General Pencil Company
(collectively, ``Petitioners''), submitted a reply to China First's,
Three Star's and SFTC's ministerial error allegations. Petitioners
argued that the Department must take into account China First's full
lumber-to-slat yield loss ratio when calculating China First's slat
surrogate value. In
[[Page 45178]]
addition, Petitioners argued that the Department should use an average
of yield loss ratios reported by China First and another respondent,
Shandong Rongxin Import & Export Co., Ltd (``Rongxin''), to calculate
Three Star's yield loss ratio for slats. Moreover, Petitioners asserted
that the Department properly calculated the surrogate value for slats,
lacquer and plastic toppers.
Amended Final Results of Review
A ministerial error, as defined in section 751(h) of the Act,
includes ``errors in addition, subtraction, or other arithmetic
function, clerical error resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the {Secretary{time} considers ministerial.'' See also 19 CFR
351.224(f). After analyzing Respondents' allegations, we have
determined, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), that the Department made ministerial errors in the Final
Results by not using the correct yield loss conversion percentage to
calculate China First's and Three Star's surrogate value for slats; and
by using a surrogate dollar value not based on kilograms in its slat
surrogate value calculation for China First, Three Star, and Rongxin.
In addition, the Department made a ministerial error by valuing both
lacquer and the inputs to make lacquer, resulting in double-counting.
The Department also made a ministerial error by using an incorrect
surrogate value for plastic toppers. Correcting for those ministerial
errors also requires the Department to adjust the separate rate
assigned to SFTC. For additional explanation, see the Ministerial Error
Allegations Memo.
Therefore, we are amending the final results of administrative
review of certain cased pencils from the PRC for the period December 1,
2006, through November 30, 2007, to include the revised surrogate value
calculations for slats, lacquer and plastic toppers. The revised
weighted-average percentage dumping margin for China First, Three Star,
and SFTC are as follows:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
China First Pencil Company, Ltd. (which 10.41
includes its affiliates China First
Pencil Fang Zheng Co., Shanghai First
Writing Instrument Co., Ltd., and
Shanghai Great Wall Pencil Co., Ltd.)...
Shanghai Three Star Stationery Industry 59.62
Corp....................................
Shandong Rongxin Import & Export Co., 11.48
Ltd\1\..................................
Orient International Holding Shanghai 32.21
Foreign Trade Co., Ltd..................
PRC-wide Entity\2\....................... 114.90
------------------------------------------------------------------------
\1\ We have not addressed comments pertaining to clerical error
allegations relating to Rongxin's margin in the Final Results because
the U.S. Court of International Trade has obtained jurisdiction of
those results pursuant to Rongxin having filed a complaint. See
Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No.
09-00316 (Complaint filed August 8, 2009); see also Zenith Elecs.
Corp. v. United States, 884 F.2d 556, 561 (Fed. Cir. 1989).
\2\ The PRC-wide entity includes Anhui Import Export Co., Ltd.,
Guangdong Provincial Stationery and Sporting Goods Import Export
Corporation, and Tianjin Custom Wood Processing Co., Ltd. A review was
requested for these three companies.
Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries based on the amended final results. For details on
the assessment of antidumping duties on all appropriate entries, see
the Final Results.
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of the amended
final results of the administrative review.
Cash Deposit Requirements
The following deposit rates will be effective retroactively on any
entries made on or after July 13, 2009, the date of publication of the
Final Results, for all shipments of certain cased pencils from the PRC
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the reviewed companies named above will be
the rates established in the amended final results of this review,
except if a rate is less than 0.5 percent, and therefore de minimis,
the cash deposit rate will be zero; (2) for any previously reviewed or
investigated PRC or non-PRC exporter, not covered in this review, with
a separate rate, the cash deposit rate will be the company-specific
rate established in the most recent segment of this proceeding; (3) for
all other PRC exporters, the cash deposit rate will be the PRC-wide
rate established in the final results of this review which is 114.90
percent; and (4) the cash-deposit rate for any non-PRC exporter of
subject merchandise from the PRC will be the rate applicable to the PRC
exporter that supplied that exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also 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 in the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice is also the reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable
violation
Disclosure
We will disclose the calculations performed for these amended final
results within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-21005 Filed 8-31-09; 8:45 am]
BILLING CODE 3510-DS-S
