Certain Lined Paper Products 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, 28213-28214 [2011-11985]

Download as PDF Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Notices 1934, as amended (19 U.S.C. 81a–81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones (FTZ) Act provides for ‘‘ * * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection (CBP) ports of entry; Whereas, the Greenup-Boyd Riverport Authority (the Grantee) has made application to the Board (FTZ Docket 59–2010, filed 10/ 15/2010), requesting the establishment of a foreign-trade zone to serve Greenup and Boyd Counties, Kentucky, adjacent to the Charleston, West Virginia, U.S. Customs and Border Protection port of entry; Whereas, notice inviting public comment has been given in the Federal Register (75 FR 64694, 10/20/2010), 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 approval of the application is in the public interest; Now, therefore, the Board hereby grants to the Grantee the privilege of establishing a foreign-trade zone, designated on the records of the Board as Foreign-Trade Zone No. 278, at the site described in the application, and subject to the FTZ Act and the Board’s regulations, including Section 400.28. Signed at Washington, DC, this May 4, 2011. Gary Locke, Secretary of Commerce, Chairman and Executive Officer, Foreign-Trade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. 10) as an option for the establishment or reorganization of general-purpose zones; Whereas, the Duluth Seaway Port Authority, grantee of Foreign-Trade Zone 51, submitted an application to the Board (FTZ Docket 58–2010, filed 10/1/ 2010, amended 4/4/2011) for authority to reorganize under the ASF with a service area of Carlton County and portions of Itasca, Lake, and St. Louis Counties, Minnesota, in and adjacent to the Duluth Customs and Border Protection port of entry, and FTZ 51’s existing Sites 1 and 2 would be categorized as magnet sites; Whereas, notice inviting public comment was given in the Federal Register (75 FR 61696, 10/6/2010) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendation 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 51 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, and to a five-year ASF sunset provision for magnet sites that would terminate authority for Site 2 if not activated by May 31, 2016. Signed at Washington, DC, May 6, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. [FR Doc. 2011–11988 Filed 5–13–11; 8:45 am] BILLING CODE 3510–DS–P [FR Doc. 2011–11986 Filed 5–13–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board DEPARTMENT OF COMMERCE [Order No. 1758] International Trade Administration erowe on DSK5CLS3C1PROD with NOTICES Reorganization of Foreign-Trade Zone 51 Under Alternative Site Framework; Duluth, MN 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) (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09; 75 FR 71069–71070, 11/22/ VerDate Mar<15>2010 15:14 May 13, 2011 Jkt 223001 [A–570–901] Certain Lined Paper Products 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. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 28213 On April 27, 2011, the United States Court of International Trade (‘‘CIT’’) sustained the Department of Commerce’s (‘‘the Department’s’’) results of redetermination as applied to Shanghai Lian Li Paper Products Co., Ltd. (‘‘Lian Li’’) pursuant to the CIT’s order granting the Department’s voluntary remand request in Shanghai Lian Li Paper Products Co., Ltd. v. United States, 09–00198, (April 15, 2010). See Final Results of Redetermination Pursuant to Remand, Court No. 09–00198, dated September 3, 2010 (‘‘Remand Results’’), and Shanghai Lian Li Paper Products Co., Ltd. v. United States, Court No. 09–00198, Slip Op. 11–48 (April 27, 2011). The Department is notifying the public that the final CIT 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 the antidumping duty order on certain lined paper products (‘‘CLPP’’) from the People’s Republic of China (‘‘PRC’’) covering the period of review April 17, 2006, through August 31, 2007, with respect to Lian Li. DATES: Effective Date: May 9, 2011. FOR FURTHER INFORMATION CONTACT: Victoria Cho, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone; (202) 482–5075. SUPPLEMENTARY INFORMATION: SUMMARY: Background On April 14, 2009, the Department published its final results of the administrative review for CLPP from the PRC for the period from April 17, 2006, through August 31, 2007. See Certain Lined Paper Products from the People’s Republic of China: Notice of Final Results of the Antidumping Duty Administrative Review, 74 FR 17160 (April 14, 2009) (‘‘Final Results’’). On December 22, 2009, the Department published its amended final results of review. See Notice of Amended Final Results of the Antidumping Duty Administrative Review of Certain Lined Paper Products from the People’s Republic of China, 74 FR 68036 (December 22, 2009) (‘‘Amended Final’’). Lian Li challenged the Department’s Amended Final at the CIT. On April 15, 2010, the CIT granted the Government’s motion for voluntary remand to correct two errors. On September 3, 2010, the Department issued its final results of remand redetermination. See Remand Results. On April 27, 2011, the CIT E:\FR\FM\16MYN1.SGM 16MYN1 28214 Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Notices affirmed the Department’s Remand Results. Shanghai Lian Li Paper Products Co., Ltd. v. United States, Court No. 09–00198, Slip Op. 11–48 (April 27, 2011). DEPARTMENT OF COMMERCE International Trade Administration Timken Notice 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 (CAFC 1990) (‘‘Timken’’), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (CAFC 2010), pursuant to section 516A(c) 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 judgment on April 27, 2011, sustaining the Department’s Remand with respect to Lian Li constitutes a decision of that court that is not in harmony with the Department’s Amended Final. 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. Amended Final Results erowe on DSK5CLS3C1PROD with NOTICES Because there is now a final court decision with respect to Lian Li, the weighted-average dumping margin for the period April 1, 2006, through August 31, 2007, for CLPP from the PRC is 4.28 percent for Lian Li. 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 exported during the POR by Lian Li using the revised assessment rate calculated by the Department in the Remand Results. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: May 9, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–11985 Filed 5–13–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration University of Wyoming, et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscope UChicago Argonne, LLC, et al.; Notice of Decision on Applications for DutyFree Entry of Scientific Instruments This is a decision consolidated pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. in Room 3720, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC. Docket Number: 11–019. Applicant: University of Wyoming, Laramie, WY 82072. Instrument: Electron Microscope. Manufacturer: Hitachi HighTechnologies Corporation, Japan. Intended Use: See notice at 76 FR 20952, April 14, 2011. Docket Number: 11–020. Applicant: U.S. Department of Agriculture, Beltsville, MD 20705. Instrument: Electron Microscope. Manufacturer: Hitachi High-Technologies Corporation, Japan. Intended Use: See notice at 76 FR 20952, April 14, 2011. Docket Number: 11–024. Applicant: Mayo Clinic, Rochester, MN 55905. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: See notice at 76 FR 20952, April 14, 2011. Docket Number: 11–025. Applicant: California State University-Long Beach, Long Beach, CA 90840. Instrument: Electron Microscope. Manufacturer: Neaspec GmbH, Germany. Intended Use: See notice at 76 FR 20952, April 14, 2011. Comments: None received. Decision: Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as this instrument is intended to be used, is being manufactured in the United States at the time the instrument was ordered. Reasons: Each foreign instrument is an electron microscope and is intended for research or scientific educational uses requiring an electron microscope. We know of no electron microscope, or any other instrument suited to these purposes, which was being manufactured in the United States at the time of order of each instrument. Dated: May 10, 2011. Gregory W. Campbell, Director, Subsidies Enforcement Office, Import Administration. [FR Doc. 2011–11979 Filed 5–13–11; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 15:14 May 13, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 This is a decision pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106–36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. in Room 3720, U.S. Department of Commerce, 14th and Constitution Ave., NW., Washington, DC. Comments: None received. Decision: Approved. We know of no instrument of equivalent scientific value to the foreign instrument described below, for such purposes as this is intended to be used, that was being manufactured in the United States at the time of its order. Docket Number: 11–023. Applicant: UChicago Argonne, LLC, Lemont, IL 60439. Instrument: Mythen 1K Detector System. Manufacturer: Dectris Ltd., Switzerland. Intended Use: See notice at 76 FR 20953, April 14, 2011. Reasons: The instrument will be used for resonant inelastic x-ray scattering (RIXS) to study the electronic structure of highly correlated systems. This instrument is unique in that it has a small pixel pitch (50 microns); high detection efficiency, single photon counting with high dynamic range; and a small, lightweight and compact design. Dated: May 10, 2011. Gregory W. Campbell, Director, Subsidies Enforcement Office, Import Administration. [FR Doc. 2011–11984 Filed 5–13–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA437 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Monkfish Oversight Committee meeting to consider actions affecting New SUMMARY: E:\FR\FM\16MYN1.SGM 16MYN1

Agencies

[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Notices]
[Pages 28213-28214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11985]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Certain Lined Paper Products 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 April 27, 2011, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department's'') results of redetermination as applied to Shanghai Lian 
Li Paper Products Co., Ltd. (``Lian Li'') pursuant to the CIT's order 
granting the Department's voluntary remand request in Shanghai Lian Li 
Paper Products Co., Ltd. v. United States, 09-00198, (April 15, 2010). 
See Final Results of Redetermination Pursuant to Remand, Court No. 09-
00198, dated September 3, 2010 (``Remand Results''), and Shanghai Lian 
Li Paper Products Co., Ltd. v. United States, Court No. 09-00198, Slip 
Op. 11-48 (April 27, 2011). The Department is notifying the public that 
the final CIT 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 the antidumping duty order on certain 
lined paper products (``CLPP'') from the People's Republic of China 
(``PRC'') covering the period of review April 17, 2006, through August 
31, 2007, with respect to Lian Li.

DATES: Effective Date: May 9, 2011.

FOR FURTHER INFORMATION CONTACT: Victoria Cho, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone; (202) 482-5075.

SUPPLEMENTARY INFORMATION:

Background

    On April 14, 2009, the Department published its final results of 
the administrative review for CLPP from the PRC for the period from 
April 17, 2006, through August 31, 2007. See Certain Lined Paper 
Products from the People's Republic of China: Notice of Final Results 
of the Antidumping Duty Administrative Review, 74 FR 17160 (April 14, 
2009) (``Final Results'').
    On December 22, 2009, the Department published its amended final 
results of review. See Notice of Amended Final Results of the 
Antidumping Duty Administrative Review of Certain Lined Paper Products 
from the People's Republic of China, 74 FR 68036 (December 22, 2009) 
(``Amended Final'').
    Lian Li challenged the Department's Amended Final at the CIT. On 
April 15, 2010, the CIT granted the Government's motion for voluntary 
remand to correct two errors. On September 3, 2010, the Department 
issued its final results of remand redetermination. See Remand Results. 
On April 27, 2011, the CIT

[[Page 28214]]

affirmed the Department's Remand Results. Shanghai Lian Li Paper 
Products Co., Ltd. v. United States, Court No. 09-00198, Slip Op. 11-48 
(April 27, 2011).

Timken Notice

    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 (CAFC 1990) (``Timken''), as clarified by Diamond Sawblades 
Mfrs. Coalition v. United States, 626 F.3d 1374 (CAFC 2010), pursuant 
to section 516A(c) 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 judgment on April 27, 2011, 
sustaining the Department's Remand with respect to Lian Li constitutes 
a decision of that court that is not in harmony with the Department's 
Amended Final. 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.

Amended Final Results

    Because there is now a final court decision with respect to Lian 
Li, the weighted-average dumping margin for the period April 1, 2006, 
through August 31, 2007, for CLPP from the PRC is 4.28 percent for Lian 
Li. 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 exported during the POR by Lian Li using the 
revised assessment rate calculated by the Department in the Remand 
Results.
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Tariff Act of 1930, as 
amended.

    Dated: May 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11985 Filed 5-13-11; 8:45 am]
BILLING CODE 3510-DS-P

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