Certain Cased Pencils From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision, 4285-4287 [2011-1398]
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the City of Baltimore,
Maryland, grantee of Foreign-Trade
Zone 74, has made application to the
Board for authority to establish a
special-purpose subzone at the garlic
products manufacturing facility of
Tulkoff Food Products, Inc., located in
Baltimore, Maryland (FTZ Docket 32–
2009, filed 8–3–2009);
Whereas, notice inviting public
comment has been given in the Federal
Register (74 FR 40567, 8–12–2009) 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 would be satisfied,
and that the proposal would be in the
public interest if subject to the
restrictions listed below;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the manufacture of
garlic products at the Tulkoff Food
Products, Inc., facility located in
Baltimore, Maryland (Subzone 74C), as
described in the application and
Federal Register notice, subject to the
FTZ Act and the Board’s regulations,
including Section 400.28, and further
subject to the following conditions:
mstockstill on DSKH9S0YB1PROD with NOTICES
1. All foreign-origin dehydrated garlic
admitted to the subzone in foreign status
must be re-exported.
2. All foreign-origin dehydrated garlic to be
used in production for U.S. consumption
must be admitted to the subzone in domestic
(duty-paid) status (19 CFR 146.43).
Signed at Washington, DC, this 12th day of
January 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
ATTEST:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2011–1382 Filed 1–24–11; 8:45 am]
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DEPARTMENT OF COMMERCE 3510–
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status merchandise is admitted for a
bona fide customs purpose by January
31, 2014.
Foreign-Trade Zones Board
Signed at Washington, DC, this 12 day of
January 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
[Order No. 1738]
Reorganization of Foreign-Trade Zone
22 Under Alternative Site Framework;
Chicago, IL
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) in
December 2008 (74 FR 1170, 01/12/09;
correction 74 FR 3987, 01/22/09; 75 FR
71069–71070, 11/22/10) as an option for
the establishment or reorganization of
general-purpose zones;
Whereas, the Illinois International
Port District, grantee of Foreign-Trade
Zone 22, submitted an application to the
Board (FTZ Docket 33–2010, filed 5/7/
2010) for authority to reorganize under
the ASF with a service area of Cook, Du
Page, Grundy, Kankakee, Kendall, Lake
and Will Counties and portions of
McHenry and Kane Counties, Illinois, in
and adjacent to the Chicago Customs
and Border Protection port of entry, FTZ
22’s existing Sites 1, 2, 5, 6, 7, 8, 10, 11,
13 and 15 would be categorized as
magnet sites, existing Sites 3, 4, 9, 12,
14, 16, 17 and 18 as usage-driven sites,
and the grantee proposes one initial
usage-driven site (Site 19);
Whereas, notice inviting public
comment was given in the Federal
Register (75 FR 27983–27984, 5/19/
2010) 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 FTZ 22
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, 5, 6, 7, 8, 10, 11,
13 and 15 if not activated by January 31,
2016, and to a three-year ASF sunset
provision for usage-driven sites that
would terminate authority for Sites 3, 4,
9, 12, 14, 16, 17, 18 and 19 if no foreign-
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Andrew McGilvray,
Executive Secretary.
[FR Doc. 2011–1389 Filed 1–24–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Certain Cased Pencils From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
of Administrative Review Pursuant to
Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2011, the
United States Court of International
Trade (‘‘CIT’’) sustained in an
unpublished judgment the Department
of Commerce’s (‘‘the Department’’)
results of redetermination as applied to
respondents China First Pencil Co., Ltd.
(‘‘China First’’) and Shanghai Three Star
Stationery Industry Corp. (‘‘Three Star’’)
and separate rate company Orient
International Holding Shanghai Foreign
Trade Co., Ltd. (‘‘SFTC’’) pursuant to the
CIT’s remand order in China First Pencil
Co., Ltd. v. United States, 721 F. Supp.
2d 1369 (Ct. Int’l Trade 2010) (‘‘China
First’’). See Final Results of
Redetermination Pursuant to Remand,
Court No. 09–00325, dated December
20, 2010, available at https://
ia.ita.doc.gov/remands (‘‘Remand
Results’’); China First Pencil Co., Ltd. v.
United States, Court No. 09–00325 (Ct.
Int’l Trade January 3, 2011) (judgment).
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States,—F.3d—Court No. 2010–
1024, –1090 (Fed. Cir. December 9,
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s final
determination and is amending the final
results of the administrative review of
AGENCY:
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the antidumping duty order on certain
cased pencils (‘‘pencils’’) from the
People’s Republic of China covering the
period of review (‘‘POR’’) of December 1,
2006, through November 30, 2007 with
respect to China First, Three Star, and
SFTC. 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’’), and accompanying
Issues and Decision Memorandum (‘‘I&D
Memorandum’’), as amended by Certain
Cased Pencils from the People’s
Republic of China: Amended Final
Results of Antidumping Duty
Administrative Review, 74 FR 45177
(September 1, 2009).
DATES: Effective Date: January 13, 2011.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro or Nancy Decker,
AD/CVD Operations, Office 1, Import
Administration—International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–0238 or (202) 482–
0196.
SUPPLEMENTARY INFORMATION:
Background
mstockstill on DSKH9S0YB1PROD with NOTICES
On July 13, 2009, the Department
published its Final Results. In the Final
Results, the Department valued
lindenwood pencil slats used by
respondents China First, Three Star, and
Shandong Rongxin Import & Export Co.,
Ltd. (‘‘Rongxin’’), with publicly
available, published U.S. prices for
American basswood lumber.1 In China
First, the CIT determined that the
Department’s surrogate value for pencils
slats used in the Final Results was
unsupported by substantial evidence
and was not in accordance with law.
The CIT remanded the Department to
recalculate a surrogate value for pencil
slats using data from ‘‘Paper and
Stationery,’’ an Indian trade publication.
See China First, 721 F. Supp. 2d at
1375–77.
Moreover, in the Final Results, the
Department valued black and color
cores for China First, Three Star, and
Rongxin using World Trade Atlas data.2
In China First, the CIT determined that
the Department’s surrogate value for
cores used in the Final Results was
unsupported by substantial evidence
and was not in accordance with law.
The CIT remanded to the Department to
identify separate surrogate values,
supported by substantial evidence on
the record, for black cores, color cores,
thick black cores, and thick color cores.
See China First, 721 F. Supp. 2d at
1379–1380.
Additionally, in the Final Results, the
Department calculated a surrogate wage
value in accordance with the regressionbased methodology set forth in 19 CFR
351.408(c)(3).3 In Dorbest Ltd. v. United
States, 604 F.3d 1363 (Fed. Cir. 2010)
(‘‘Dorbest’’), the CAFC held that the
Department’s ‘‘{regression-based}
method for calculating wage rates {as
stipulated by 19 CFR 351.408(c)(3)} uses
data not permitted by {the statutory
requirements laid out in section 773 of
the Tariff Act of 1930, as amended (‘‘the
Act’’) (i.e. 19 U.S.C. 1677b(c))}.’’ Dorbest,
604 F.3d at 1372. Specifically, the CAFC
interpreted section 773(c) of the Act to
require the use of data from market
economy countries that are both
economically comparable to the nonmarket economy country at issue and
significant producers of the subject
merchandise, unless such data are
unavailable. Because the Department’s
regulation requires the Department to
use data from economically dissimilar
countries and from countries that do not
produce comparable merchandise, the
CAFC invalidated the Department’s
labor regulation at 19 CFR 351.408(c)(3).
Following Dorbest, the Department
requested a voluntary remand for its
wage rate calculations for China First,
Three Star, and Rongxin in the Final
Results. The CIT granted that request
and in China First remanded the Final
Results with instructions that the labor
wage value be recalculated in
accordance with the decision in
Dorbest. See China First, 721 F. Supp.
2d at 1373.
On December 20, 2010, the
Department issued its final results of
redetermination pursuant to China First.
Pursuant to the Dorbest ruling and the
remand in China First, we revised the
wage rate calculation methodology to
comply with the CAFC’s interpretation
of section 773 of the Act and have
recalculated the pencil slats and cores
surrogate values using prices from
‘‘Paper and Stationery.’’ The
Department’s redetermination resulted
in changes to the Final Results for China
First’s margin from 10.41 percent to 1.13
percent; for Three Star’s margin from
59.62 percent to 3.06 percent; and for
Rongxin’s margin from 11.48 percent to
1.55 percent. Based on these revisions,
the margin of SFTC has been revised
from 32.21 percent to 1.66 percent. The
CIT sustained the Department’s remand
redetermination with respect to China
First, Three Star, and SFTC on January
3, 2011. See China First Pencil Co., Ltd.
v. United States, Court No. 09–00325
(Ct. Int’l Trade January 3, 2011)
(judgment). The CIT has not yet ruled
on the Department’s remand
redetermination with respect to
Rongxin.
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC has held that, pursuant to
section 516A(e) of the Act, the
Department must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Department determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s January 3, 2011 judgment
sustaining the Department’s remand
redetermination with respect to China
First, Three Star, and SFTC constitutes
a final decision of that court that is not
in harmony with the Department’s Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal or, if appealed,
pending a final and conclusive court
decision. The cash deposit rate will
remain the company-specific rate
established for the subsequent and most
recent period during which the
respondents were reviewed. See Certain
Cased Pencils From the People’s
Republic of China: Final Results of the
Antidumping Duty Administrative
Review, 75 FR 38980 (July 7, 2010).
Amended Final Results
Because there is now a final court
decision with respect to China First,
Three Star, and SFTC, revised dumping
margins are as follows:
Margin
(percent)
Manufacturer/Exporter
China First Pencil Company, Ltd. (which includes subsidiaries Shanghai First Writing Instrument Co., Ltd.; Shanghai Great Wall
Pencil Co., Ltd.; and China First Pencil Fang Zheng Co., Ltd.) ......................................................................................................
1 See Final Results and accompanying I&D
Memorandum at Comment 4a.
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2 See Final Results and accompanying I&D
Memorandum at Comment 4b.
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3 See Final Results and accompanying I&D
Memorandum at Comment 3.
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Margin
(percent)
Manufacturer/Exporter
Shanghai Three Star Stationery Industry Co., Ltd ..............................................................................................................................
Orient International Holding Shanghai Foreign Trade Corporation ....................................................................................................
In the event the CIT’s ruling is not
appealed or, if appealed, upheld by the
CAFC, the Department will instruct U.S.
Customs and Border Protection to assess
antidumping duties on entries of the
subject merchandise during the POR
from China First, Three Star, and SFTC
based on the revised assessment rates
calculated by the Department.
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: January 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Register the preliminary results for the
NSRs. See Certain Preserved
Mushrooms From the People’s Republic
of China: Preliminary Results of
Antidumping Duty New Shipper
Reviews, 75 FR 66729 (October 29,
2010). The current deadline for the final
results of these reviews is January 20,
2011. These reviews cover Shandong
Fengyu Edible Fungus Co., Ltd. and
Zhangzhou Tongfa Foods Industry Co.,
Ltd.
Extension of Time Limits for
Preliminary Results of Review
[FR Doc. 2011–1398 Filed 1–24–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China;
Extension of Time Limit for Final
Results of Antidumping Duty New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Fred Baker, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4947 or (202) 482–
2924, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSKH9S0YB1PROD with NOTICES
Background
On March 31, 2010, the Department of
Commerce (the Department) published
in the Federal Register the initiation of
two new shipper reviews (NSRs) of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China, covering the period
of February 1, 2009, to January 31, 2010.
See Certain Preserved Mushrooms From
the People’s Republic of China: Notice
of Initiation of Antidumping Duty New
Shipper Reviews, 75 FR 16075 (March
31, 2010). On October 29, 2010, the
Department published in the Federal
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Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214(i)(1), require the
Department to complete the final results
of an NSR of an antidumping duty order
within 90 days after the date on which
the preliminary results were issued.
However, the Department may extend
the deadline for completion of the final
results of an NSR to 150 days if it
determines the case is extraordinarily
complicated. See section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2).
The Department finds these NSRs are
extraordinarily complicated and,
therefore, it requires additional time to
complete the preliminary results.
Specifically, the Department requires
additional time to analyze the extensive
entry and sales documentation for the
two respondents, and various issues that
arise from these documents.
Accordingly, the Department is
extending the time limit for completion
of the preliminary results of these NSRs
by 60 days (i.e., until March 21, 2011).
This extension is issued and
published in accordance with section
751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(i)(2).
Dated: January 14, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–1399 Filed 1–24–11; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–913]
New Pneumatic Off-the-Road Tires
From the People’s Republic of China:
Extension of Time Limit for Final
Results of Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston or Jun Jack Zhao, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4261 and (202)
482–1396, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 19, 2010, the Department
of Commerce (the Department)
published the preliminary results of the
administrative review of the
countervailing duty order on certain
new pneumatic off-the-road tires from
the People’s Republic of China. See New
Pneumatic Off-the-Road Tires From the
People’s Republic of China: Preliminary
Results of Countervailing Duty
Administrative Review, 75 FR 64268
(October 19, 2010) (Preliminary Results).
This administrative review covers the
period December 17, 2007, through
December 31, 2008. The current
deadline for the final results of review
is February 16, 2011.
Extension of Time Limit for Final
Results
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(h)(1), the
Department shall issue final results in
an administrative review of a
countervailing duty order within 120
days after the date on which notice of
the preliminary results were published
in the Federal Register. However, if the
Department determines that it is not
practicable to complete the review
within the aforementioned specified
time limits, section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2) allow the
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]]>Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4285-4287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1398]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China: Notice
of Court Decision Not in Harmony With Final Results of Administrative
Review and Notice of Amended Final Results of Administrative Review
Pursuant to Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2011, the United States Court of International
Trade (``CIT'') sustained in an unpublished judgment the Department of
Commerce's (``the Department'') results of redetermination as applied
to respondents China First Pencil Co., Ltd. (``China First'') and
Shanghai Three Star Stationery Industry Corp. (``Three Star'') and
separate rate company Orient International Holding Shanghai Foreign
Trade Co., Ltd. (``SFTC'') pursuant to the CIT's remand order in China
First Pencil Co., Ltd. v. United States, 721 F. Supp. 2d 1369 (Ct.
Int'l Trade 2010) (``China First''). See Final Results of
Redetermination Pursuant to Remand, Court No. 09-00325, dated December
20, 2010, available at https://ia.ita.doc.gov/remands (``Remand
Results''); China First Pencil Co., Ltd. v. United States, Court No.
09-00325 (Ct. Int'l Trade January 3, 2011) (judgment). Consistent with
the decision of the United States Court of Appeals for the Federal
Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed.
Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States,--F.3d--Court No. 2010-1024, -1090 (Fed.
Cir. December 9, 2010) (``Diamond Sawblades''), the Department is
notifying the public that the final judgment in this case is not in
harmony with the Department's final determination and is amending the
final results of the administrative review of
[[Page 4286]]
the antidumping duty order on certain cased pencils (``pencils'') from
the People's Republic of China covering the period of review (``POR'')
of December 1, 2006, through November 30, 2007 with respect to China
First, Three Star, and SFTC. 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''), and accompanying Issues and Decision Memorandum
(``I&D Memorandum''), as amended by Certain Cased Pencils from the
People's Republic of China: Amended Final Results of Antidumping Duty
Administrative Review, 74 FR 45177 (September 1, 2009).
DATES: Effective Date: January 13, 2011.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro or Nancy Decker, AD/
CVD Operations, Office 1, Import Administration--International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
0238 or (202) 482-0196.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2009, the Department published its Final Results. In
the Final Results, the Department valued lindenwood pencil slats used
by respondents China First, Three Star, and Shandong Rongxin Import &
Export Co., Ltd. (``Rongxin''), with publicly available, published U.S.
prices for American basswood lumber.\1\ In China First, the CIT
determined that the Department's surrogate value for pencils slats used
in the Final Results was unsupported by substantial evidence and was
not in accordance with law. The CIT remanded the Department to
recalculate a surrogate value for pencil slats using data from ``Paper
and Stationery,'' an Indian trade publication. See China First, 721 F.
Supp. 2d at 1375-77.
---------------------------------------------------------------------------
\1\ See Final Results and accompanying I&D Memorandum at Comment
4a.
---------------------------------------------------------------------------
Moreover, in the Final Results, the Department valued black and
color cores for China First, Three Star, and Rongxin using World Trade
Atlas data.\2\ In China First, the CIT determined that the Department's
surrogate value for cores used in the Final Results was unsupported by
substantial evidence and was not in accordance with law. The CIT
remanded to the Department to identify separate surrogate values,
supported by substantial evidence on the record, for black cores, color
cores, thick black cores, and thick color cores. See China First, 721
F. Supp. 2d at 1379-1380.
---------------------------------------------------------------------------
\2\ See Final Results and accompanying I&D Memorandum at Comment
4b.
---------------------------------------------------------------------------
Additionally, in the Final Results, the Department calculated a
surrogate wage value in accordance with the regression-based
methodology set forth in 19 CFR 351.408(c)(3).\3\ In Dorbest Ltd. v.
United States, 604 F.3d 1363 (Fed. Cir. 2010) (``Dorbest''), the CAFC
held that the Department's ``{regression-based{time} method for
calculating wage rates {as stipulated by 19 CFR 351.408(c)(3){time}
uses data not permitted by {the statutory requirements laid out in
section 773 of the Tariff Act of 1930, as amended (``the Act'') (i.e.
19 U.S.C. 1677b(c)){time} .'' Dorbest, 604 F.3d at 1372. Specifically,
the CAFC interpreted section 773(c) of the Act to require the use of
data from market economy countries that are both economically
comparable to the non-market economy country at issue and significant
producers of the subject merchandise, unless such data are unavailable.
Because the Department's regulation requires the Department to use data
from economically dissimilar countries and from countries that do not
produce comparable merchandise, the CAFC invalidated the Department's
labor regulation at 19 CFR 351.408(c)(3). Following Dorbest, the
Department requested a voluntary remand for its wage rate calculations
for China First, Three Star, and Rongxin in the Final Results. The CIT
granted that request and in China First remanded the Final Results with
instructions that the labor wage value be recalculated in accordance
with the decision in Dorbest. See China First, 721 F. Supp. 2d at 1373.
---------------------------------------------------------------------------
\3\ See Final Results and accompanying I&D Memorandum at Comment
3.
---------------------------------------------------------------------------
On December 20, 2010, the Department issued its final results of
redetermination pursuant to China First. Pursuant to the Dorbest ruling
and the remand in China First, we revised the wage rate calculation
methodology to comply with the CAFC's interpretation of section 773 of
the Act and have recalculated the pencil slats and cores surrogate
values using prices from ``Paper and Stationery.'' The Department's
redetermination resulted in changes to the Final Results for China
First's margin from 10.41 percent to 1.13 percent; for Three Star's
margin from 59.62 percent to 3.06 percent; and for Rongxin's margin
from 11.48 percent to 1.55 percent. Based on these revisions, the
margin of SFTC has been revised from 32.21 percent to 1.66 percent. The
CIT sustained the Department's remand redetermination with respect to
China First, Three Star, and SFTC on January 3, 2011. See China First
Pencil Co., Ltd. v. United States, Court No. 09-00325 (Ct. Int'l Trade
January 3, 2011) (judgment). The CIT has not yet ruled on the
Department's remand redetermination with respect to Rongxin.
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the
Act, the Department must publish a notice of a court decision that is
not ``in harmony'' with a Department determination and must suspend
liquidation of entries pending a ``conclusive'' court decision. The
CIT's January 3, 2011 judgment sustaining the Department's remand
redetermination with respect to China First, Three Star, and SFTC
constitutes a final decision of that court that is not in harmony with
the Department's Final Results. This notice is published in fulfillment
of the publication requirements of Timken. Accordingly, the Department
will continue the suspension of liquidation of the subject merchandise
pending the expiration of the period of appeal or, if appealed, pending
a final and conclusive court decision. The cash deposit rate will
remain the company-specific rate established for the subsequent and
most recent period during which the respondents were reviewed. See
Certain Cased Pencils From the People's Republic of China: Final
Results of the Antidumping Duty Administrative Review, 75 FR 38980
(July 7, 2010).
Amended Final Results
Because there is now a final court decision with respect to China
First, Three Star, and SFTC, revised dumping margins are as follows:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter (percent)
------------------------------------------------------------------------
China First Pencil Company, Ltd. (which includes 1.13
subsidiaries Shanghai First Writing Instrument Co.,
Ltd.; Shanghai Great Wall Pencil Co., Ltd.; and China
First Pencil Fang Zheng Co., Ltd.).....................
[[Page 4287]]
Shanghai Three Star Stationery Industry Co., Ltd........ 3.06
Orient International Holding Shanghai Foreign Trade 1.66
Corporation............................................
------------------------------------------------------------------------
In the event the CIT's ruling is not appealed or, if appealed,
upheld by the CAFC, the Department will instruct U.S. Customs and
Border Protection to assess antidumping duties on entries of the
subject merchandise during the POR from China First, Three Star, and
SFTC based on the revised assessment rates calculated by the
Department.
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: January 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-1398 Filed 1-24-11; 8:45 am]
BILLING CODE 3510-DS-P
