1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order in Accordance With Final Court Decision and Correction to Notice of Decision of the Court of International Trade Not in Harmony, 772-773 [2011-57]

Download as PDF 772 Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices Protection port of entry, FTZ 14’s existing Sites 1–3 would be categorized as magnet sites, Site 1 would be expanded to include additional acreage and the grantee proposes an initial usage-driven site (Site 4); Whereas, notice inviting public comment was given in the Federal Register (75 FR 27982–27983, 5/19/10) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: The application to reorganize and expand FTZ 14 under the alternative site framework is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.28, to the Board’s standard 2,000-acre activation limit for the overall general-purpose zone project, to a five-year ASF sunset provision for magnet sites that would terminate authority for Sites 2 and 3 if not activated by December 31, 2015, and to a three-year ASF sunset provision for usage-driven sites that would terminate authority for Site 4 if no foreign-status merchandise is admitted for a bona fide customs purpose by December 31, 2013. Signed at Washington, DC this 20th day of December, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. 2011–61 Filed 1–5–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration erowe on DSK5CLS3C1PROD with NOTICES [A–570–934] 1–Hydroxyethylidene-1, 1– Diphosphonic Acid From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order in Accordance With Final Court Decision and Correction to Notice of Decision of the Court of International Trade Not in Harmony Import Administration, International Trade Administration, Department of Commerce. AGENCY: VerDate Mar<15>2010 15:07 Jan 05, 2011 Jkt 223001 DATES: Effective Date: January 6, 2011. SUMMARY: On September 13, 2010, the United States Court of International Trade (‘‘CIT’’) sustained the remand determination made by the Department of Commerce (the ‘‘Department’’) pursuant to the CIT’s remand of the final determination in the antidumping duty investigation on 1hydroxyethylidene-1, 1-diphosphonic acid (‘‘HEDP’’) from the People’s Republic of China (‘‘PRC’’) and ordered the case dismissed.1 This case arises out of the Department’s final determination in the antidumping investigation on HEDP from the PRC.2 As there is now a final and conclusive court decision in this action with respect to Changzhou Wujin Fine Chemical Factory Co., Ltd. (‘‘Wujin Fine’’), the Department is amending its Final Determination and Antidumping Duty Order. FOR FURTHER INFORMATION CONTACT: Shawn Higgins, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482–0679. SUPPLEMENTARY INFORMATION: On March 11, 2009, the Department published its Final Determination in which it determined that HEDP from the PRC is being, or is likely to be, sold in the United States at less than fair value as provided in section 735 of the Tariff Act of 1930, as amended (the ‘‘Act’’).3 Separate rate respondent companies Wujin Fine and Jiangsu Jianghai Chemical Group Co., Ltd. (‘‘Jiangsu Jianghai’’) timely challenged certain aspects of the Final Determination to the CIT. Among the issues raised before the CIT was whether the Department properly corroborated the adverse facts available (‘‘AFA’’) rate upon which it relied in calculating the separate rate. On February 8, 2010, the CIT granted the United States’ motion for a voluntary remand to reconsider the separate rate assigned to Wujin Fine and Jiangsu Jianghai after examining whether the Department corroborated the AFA rate upon which it relied in 1 See Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United States, No. 09–00216, Slip Op. 10–85 (Ct. Int’l Trade Aug. 5, 2010); Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United States, No. 09–00216, Slip Op. 10–103 (Ct. Int’l Trade Sept. 13, 2010). 2 See 1–Hydroxyethylidene-1, 1–Diphosphonic Acid from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 74 FR 10545 (March 11, 2009) (‘‘Final Determination’’); 1–Hydroxyethylidene-1, 1–Diphosphonic Acid from India and the People’s Republic of China: Antidumping Duty Orders, 74 FR 19197 (April 28, 2009) (‘‘Antidumping Duty Order’’). 3 See Final Determination, 74 FR at 10545. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 calculating the separate rate.4 In a remand determination filed on May 3, 2010, the Department determined that the AFA rate upon which the Department relied in calculating the separate rate was not corroborated in the Final Determination.5 Consequently, the Department calculated a revised separate rate of 15.47 percent for Wujin Fine and Jiangsu Jianghai relying on a second AFA rate that did not require corroboration. On September 13, 2010, the CIT sustained the Department’s remand redetermination, and subsequently dismissed the case.6 On November 12, 2010, Jiangsu Jianghai filed an appeal with the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) of the CIT’s decision.7 Wujin Fine, however, elected not to appeal the CIT’s decision. Consistent with the decision of the CAFC in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department published in the Federal Register a notice of a court decision that is not ‘‘in harmony’’ with the Department’s final determination.8 The Timken Notice incorrectly stated that, ‘‘In the event the CIT’s decision is affirmed on appeal, the Department will publish an amended final determination revising the separate rate assigned to Wujin Fine and Jiangsu Jianghai and issue revised cash deposit instructions to U.S. Customs and Border Protection.’’ 9 As noted above, only Jiangsu Jianghai appealed the CIT’s decision with the CAFC. Because Wujin Fine did not appeal the CIT’s decision and the period to appeal that decision has expired, the CIT decision is final and conclusive for Wujin Fine. Accordingly, the Department is amending its Final Determination and Antidumping Duty Order. 4 See Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United States, No. 09–00216 (Ct. Int’l Trade Feb. 8, 2010). 5 See Final Results of Redetermination Pursuant to Court Order: Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United States (May 3, 2010) at 1–9. 6 See Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United States, No. 09–00216, Slip Op. 10–103 (Ct. Int’l Trade Sept. 13, 2010). 7 In the event the CIT’s decision is affirmed on appeal, the Department will publish an amended final determination revising the separate rate assigned to Jiangsu Jianghai and issue revised cash deposit instructions to U.S. Customs and Border Protection (‘‘CBP’’). 8 See 1–Hydroxyethylidene-1, 1–Diphosphonic Acid From the People’s Republic of China: Notice of Decision of the Court of International Trade Not in Harmony, 75 FR 78967 (December 17, 2010) (‘‘Timken Notice’’). 9 Id. at 78968. E:\FR\FM\06JAN1.SGM 06JAN1 773 Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices Amendment to Final Determination and Antidumping Order Because there is now a final and conclusive court decision with respect to Wujin Fine in this proceeding, the revised dumping margin and cash deposit rate for Wujin Fine in the Final Determination is as follows: HEDP from the PRC Original final margin (Percent) Exporter Producer Changzhou Wujin Fine Chemical Factory Co., Ltd. Changzhou Wujin Fine Chemical Factory Co., Ltd. In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to collect a cash deposit of 15.47 percent for entries of subject merchandise produced and exported by Wujin Fine, effective September 23, 2010 in accordance with the Timken Notice. This notice is issued and published in accordance with sections 735(d), 736(a), 516A(c)(1), and 777(i)(1) of the Act. Dated: December 30, 2010. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–57 Filed 1–5–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–504] Petroleum Wax Candles From the People’s Republic of China: Continuation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 6, 2011. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on petroleum wax candles from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. FOR FURTHER INFORMATION CONTACT: Tim Lord, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–7425. erowe on DSK5CLS3C1PROD with NOTICES AGENCY: VerDate Mar<15>2010 15:07 Jan 05, 2011 Jkt 223001 On July 9, 2010, the Department published the notice of initiation of the sunset review of the antidumping duty order on petroleum wax candles from the PRC pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 39494 (July 9, 2010). As a result of its review, the Department determined that revocation of the antidumping duty order on petroleum wax candles from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked. See Petroleum Wax Candles From the People’s Republic of China: Final Results of Expedited Third Sunset Review of Antidumping Duty Order, 75 FR 70713 (November 18, 2010). On December 17, 2010, the ITC determined, pursuant to section 751(c)(1) of the Act, that revocation of the antidumping duty order on petroleum wax candles from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable future. See Petroleum Wax Candles From China Determination, 75 FR 80843 (December 23, 2010), and USITC Publication 4207 (December 2010), Petroleum Wax Candles From China: Investigation No. 731–TA–282 (Third Review). SUPPLEMENTARY INFORMATION: Scope of the Order The products covered by the order are certain scented or unscented petroleum wax candles made from petroleum wax and having fiber or paper-cored wicks. They are sold in the following shapes: Tapers, spirals and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers. The products were originally classifiable under the Tariff Schedules of the United States item 755.25, Candles and Tapers. The products are currently classifiable under the Harmonized Tariff Schedule (‘‘HTSUS’’) PO 00000 Frm 00004 Fmt 4703 Sfmt 9990 Amended final margin (Percent) 36.21 15.47 item number 3406.00.00. The HTSUS item numbers are provided for convenience and customs purposes. The written description remains dispositive. Continuation of the Order As a result of these determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping order on petroleum wax candles from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year (sunset) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: December 29, 2010. Edward C. Yang, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–28 Filed 1–5–11; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 772-773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-57]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-934]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value and Amended Antidumping Duty Order in Accordance With Final 
Court Decision and Correction to Notice of Decision of the Court of 
International Trade Not in Harmony

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

DATES: Effective Date: January 6, 2011.
SUMMARY: On September 13, 2010, the United States Court of 
International Trade (``CIT'') sustained the remand determination made 
by the Department of Commerce (the ``Department'') pursuant to the 
CIT's remand of the final determination in the antidumping duty 
investigation on 1-hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'') 
from the People's Republic of China (``PRC'') and ordered the case 
dismissed.\1\ This case arises out of the Department's final 
determination in the antidumping investigation on HEDP from the PRC.\2\ 
As there is now a final and conclusive court decision in this action 
with respect to Changzhou Wujin Fine Chemical Factory Co., Ltd. 
(``Wujin Fine''), the Department is amending its Final Determination 
and Antidumping Duty Order.
---------------------------------------------------------------------------

    \1\ See Changzhou Wujin Fine Chemical Factory Co., Ltd. v. 
United States, No. 09-00216, Slip Op. 10-85 (Ct. Int'l Trade Aug. 5, 
2010); Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United 
States, No. 09-00216, Slip Op. 10-103 (Ct. Int'l Trade Sept. 13, 
2010).
    \2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 74 FR 10545 (March 11, 2009) (``Final 
Determination''); 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from 
India and the People's Republic of China: Antidumping Duty Orders, 
74 FR 19197 (April 28, 2009) (``Antidumping Duty Order'').

FOR FURTHER INFORMATION CONTACT: Shawn Higgins, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
---------------------------------------------------------------------------
Washington DC 20230; telephone: (202) 482-0679.

SUPPLEMENTARY INFORMATION: On March 11, 2009, the Department published 
its Final Determination in which it determined that HEDP from the PRC 
is being, or is likely to be, sold in the United States at less than 
fair value as provided in section 735 of the Tariff Act of 1930, as 
amended (the ``Act'').\3\
---------------------------------------------------------------------------

    \3\ See Final Determination, 74 FR at 10545.
---------------------------------------------------------------------------

    Separate rate respondent companies Wujin Fine and Jiangsu Jianghai 
Chemical Group Co., Ltd. (``Jiangsu Jianghai'') timely challenged 
certain aspects of the Final Determination to the CIT. Among the issues 
raised before the CIT was whether the Department properly corroborated 
the adverse facts available (``AFA'') rate upon which it relied in 
calculating the separate rate.
    On February 8, 2010, the CIT granted the United States' motion for 
a voluntary remand to reconsider the separate rate assigned to Wujin 
Fine and Jiangsu Jianghai after examining whether the Department 
corroborated the AFA rate upon which it relied in calculating the 
separate rate.\4\ In a remand determination filed on May 3, 2010, the 
Department determined that the AFA rate upon which the Department 
relied in calculating the separate rate was not corroborated in the 
Final Determination.\5\ Consequently, the Department calculated a 
revised separate rate of 15.47 percent for Wujin Fine and Jiangsu 
Jianghai relying on a second AFA rate that did not require 
corroboration.
---------------------------------------------------------------------------

    \4\ See Changzhou Wujin Fine Chemical Factory Co., Ltd. v. 
United States, No. 09-00216 (Ct. Int'l Trade Feb. 8, 2010).
    \5\ See Final Results of Redetermination Pursuant to Court 
Order: Changzhou Wujin Fine Chemical Factory Co., Ltd. v. United 
States (May 3, 2010) at 1-9.
---------------------------------------------------------------------------

    On September 13, 2010, the CIT sustained the Department's remand 
redetermination, and subsequently dismissed the case.\6\ On November 
12, 2010, Jiangsu Jianghai filed an appeal with the United States Court 
of Appeals for the Federal Circuit (``CAFC'') of the CIT's decision.\7\ 
Wujin Fine, however, elected not to appeal the CIT's decision.
---------------------------------------------------------------------------

    \6\ See Changzhou Wujin Fine Chemical Factory Co., Ltd. v. 
United States, No. 09-00216, Slip Op. 10-103 (Ct. Int'l Trade Sept. 
13, 2010).
    \7\ In the event the CIT's decision is affirmed on appeal, the 
Department will publish an amended final determination revising the 
separate rate assigned to Jiangsu Jianghai and issue revised cash 
deposit instructions to U.S. Customs and Border Protection 
(``CBP'').
---------------------------------------------------------------------------

    Consistent with the decision of the CAFC in Timken Co. v. United 
States, 893 F.2d 337 (Fed. Cir. 1990), the Department published in the 
Federal Register a notice of a court decision that is not ``in 
harmony'' with the Department's final determination.\8\ The Timken 
Notice incorrectly stated that, ``In the event the CIT's decision is 
affirmed on appeal, the Department will publish an amended final 
determination revising the separate rate assigned to Wujin Fine and 
Jiangsu Jianghai and issue revised cash deposit instructions to U.S. 
Customs and Border Protection.'' \9\ As noted above, only Jiangsu 
Jianghai appealed the CIT's decision with the CAFC. Because Wujin Fine 
did not appeal the CIT's decision and the period to appeal that 
decision has expired, the CIT decision is final and conclusive for 
Wujin Fine. Accordingly, the Department is amending its Final 
Determination and Antidumping Duty Order.
---------------------------------------------------------------------------

    \8\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
People's Republic of China: Notice of Decision of the Court of 
International Trade Not in Harmony, 75 FR 78967 (December 17, 2010) 
(``Timken Notice'').
    \9\ Id. at 78968.

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[[Page 773]]

Amendment to Final Determination and Antidumping Order

    Because there is now a final and conclusive court decision with 
respect to Wujin Fine in this proceeding, the revised dumping margin 
and cash deposit rate for Wujin Fine in the Final Determination is as 
follows:

----------------------------------------------------------------------------------------------------------------
                                      HEDP from the PRC
----------------------------------------------------------------------------------------------   Amended final
                                                                              Original final    margin (Percent)
                Exporter                              Producer               margin (Percent)
----------------------------------------------------------------------------------------------------------------
Changzhou Wujin Fine Chemical Factory     Changzhou Wujin Fine Chemical                 36.21              15.47
 Co., Ltd..                                Factory Co., Ltd..
----------------------------------------------------------------------------------------------------------------

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to collect a cash deposit of 15.47 percent for 
entries of subject merchandise produced and exported by Wujin Fine, 
effective September 23, 2010 in accordance with the Timken Notice.
    This notice is issued and published in accordance with sections 
735(d), 736(a), 516A(c)(1), and 777(i)(1) of the Act.

    Dated: December 30, 2010.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-57 Filed 1-5-11; 8:45 am]
BILLING CODE 3510-DS-P
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