Paper Clips From the People's Republic of China: Continuation of the Antidumping Duty Order, 44575-44576 [2011-18884]

Download as PDF Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices sroberts on DSK5SPTVN1PROD with NOTICES Cir. 2011) (‘‘Wheat Board (CAFC)’’), held that the Department of Commerce (‘‘the Department’’) was required by law to instruct U.S. Customs and Border Protection (‘‘CBP’’) to liquidate all unliquidated entries of hard red spring wheat from Canada without regard to antidumping and countervailing duties. The CAFC’s holding is now final and conclusive. Consistent with that holding, we are amending the revocation of these orders and instructing CBP to liquidate all unliquidated entries pursuant to the CAFC decision in Wheat Board (CAFC). DATES: Effective Date: July 26, 2011. FOR FURTHER INFORMATION CONTACT: Christine Taylor or Nancy Decker, AD/ CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–8319 and (202) 482–0196, respectively. SUPPLEMENTARY INFORMATION: Background The Canadian Wheat Board and Canadian government challenged the International Trade Commission’s (‘‘ITC’’) final determination that the United States industry was being materially injured by reason of imports from Canada of hard red spring wheat before a North American Free Trade Agreement (‘‘NAFTA’’) Panel. As a result of that litigation, the ITC issued a remand redetermination that concluded that a domestic industry was not materially injured or threatened with material injury by reasons of imports of Canadian hard red spring wheat, and the NAFTA Panel affirmed that remand redetermination. North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Completion of Panel Review, 71 FR 4896 (Jan. 30, 2006). The Department therefore revoked the antidumping and countervailing duty orders of hard red spring wheat from Canada, effective January 2, 2006. See Antidumping Duty Investigation and Countervailing Duty Investigation of Hard Red Spring Wheat from Canada: Notice of Panel Decision, Revocation of Countervailing and Antidumping Duty Orders and Termination of Suspension of Liquidation, 71 FR 8275 (Feb. 16, 2006). The Department’s revocation stated, however, that the revocation did not ‘‘affect the liquidation of entries made prior to January 2, 2006’’ See Id. The Canadian Wheat Board and Canadian government challenged the Department’s determination that its revocation did not apply to pre-January 2, 2006, entries at the Court of VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 International Trade (‘‘CIT’’). On September 1, 2009, the CIT held that the Department must direct CBP to liquidate all pre-January 2, 2006, entries without regard to antidumping and countervailing duties. See Canadian Wheat Board v. United States, 637 F. Supp. 2d 1329 (Sept. 1, 2009). The Department appealed the CIT’s holding and, on April 19, 2011, in Wheat Board (CAFC), the CAFC reached the same conclusion as the CIT. See Wheat Board (CAFC), 2010–1083 at *18. Accordingly, the Department is now amending its February 16, 2006, revocation of the antidumping and countervailing duty orders covering hard red spring wheat from Canada, and will instruct CBP to: (1) Release any cash deposits or bonds, and proceed with liquidation of all unliquidated entries of hard red spring wheat from Canada without regard to antidumping duties and countervailing duties; and (2) refund, with interest, antidumping and countervailing duty cash deposits collected pursuant to the revoked antidumping and countervailing duty orders. Dated: July 19, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–18882 Filed 7–25–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–826] Paper Clips From the People’s Republic of China: Continuation of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. 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 paper clips 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. DATES: Effective Date: July 26, 2011. FOR FURTHER INFORMATION CONTACT: Krisha Hill or Charles Riggle, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 44575 Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4037 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: On January 3, 2011, the Department initiated the third sunset review of the antidumping duty order on paper clips from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 89 (January 3, 2011). As a result of its review, the Department determined that revocation of the antidumping duty order on paper clips 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 Paper Clips From the People’s Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order, 76 FR 26242 (May 6, 2011). On June 29, 2011, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on paper clips 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 time. See USITC Publication 4242 (July 2011), Paper Clips from China: Investigation No. 731–TA–663 (Third Review), and Paper Clips from China, 76 FR 42730 (July 19, 2011). Scope of the Order The products covered by the order are certain paper clips, wholly of wire of base metal, whether or not galvanized, whether or not plated with nickel or other base metal (e.g., copper), with a wire diameter between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), regardless of physical configuration, except as specifically excluded. The products subject to the order may have a rectangular or ring-like shape and include, but are not limited to, clips commercially referred to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty clips, Peerless clips, Ring clips, and Glide-On clips. The products subject to the order are currently classifiable under subheading 8305.90.3010 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Specifically excluded from the scope of the order are plastic and vinyl covered paper clips, butterfly clips, binder clips, or other paper fasteners that are not made wholly of wire of base metal and are covered under a separate subheading of the HTSUS. E:\FR\FM\26JYN1.SGM 26JYN1 44576 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Continuation of the Order As a result of these determinations by the Department and the ITC that revocation of the antidumping duty order on paper clips 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 paper clips 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: July 19, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–18884 Filed 7–25–11; 8:45 am] Dated: July 19, 2011. Gregory W. Campbell, Director, Subsidies Enforcement Office, Office of Policy, Import Administration. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [FR Doc. 2011–18887 Filed 7–25–11; 8:45 am] International Trade Administration BILLING CODE 3510–DS–P sroberts on DSK5SPTVN1PROD with NOTICES Tulane University, et al.; Notice of Decision on Applications for Duty-Free Entry of Scientific Instruments 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 20230. Comments: None received. Decision: Approved. Reasons: We know of no instruments of equivalent or comparable scientific value to the foreign instruments described below, for the intended purposes, that were being manufactured in the United States at the time of their order. VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 Docket Number: 11–031. Applicant: Tulane University, 6823 St. Charles Avenue, New Orleans, LA 70118. Instrument: Vitrobot sample preparation robot. Manufacturer: FEI Inc., The Netherlands. Intended Use: See application notice at 76 FR 37319, June 27, 2011. Docket Number: 11–033. Applicant: Temple University, 1900 N. 13th Street, Philadelphia, PA 19122. Instrument: Super low temperature Scanning Tunneling Microscope. Manufacturer: UNISOKU Co., Ltd., Japan. Intended Use: See application notice at 76 FR 37319, June 27, 2011. Docket Number: 11–034. Applicant: University of Chicago, Argonne National Laboratory, 9700 South Cass Avenue, Lemont, IL 60439. Instrument: Solar spectrum simulation array system. Manufacturer: Atlas Material Testing Technology, Germany. Intended Use: See application notice at 76 FR 37319, June 27, 2011. Docket Number: 11–035. Applicant: University of California, Los Angeles, 760 Westwood Plaza, Box 77, Los Angeles, CA 90095. Instrument: Slicescope microscope. Manufacturer: Scientifica Ltd., U.K. Intended Use: See application notice at 76 FR 37319, June 27, 2011. Docket Number: 11–036. Applicant: Smith College, 44 College Lane, Northampton, MA 01063. Instrument: Quanta 450 Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: See application notice at 76 FR 37319, June 27, 2011. DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee U.S. Department of Commerce, International Trade Administration. ACTION: Notice of an Open Meeting. AGENCY: The Renewable Energy and Energy Efficiency Advisory Committee (RE&EEAC) will meet via conference call to deliberate proposed recommendations by the Trade Policy, Trade Promotion and Domestic Policy Subcommittees to the Secretary of Commerce regarding the development and administration of programs and policies to expand the competitiveness SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 of the U.S. renewable energy and energy efficiency industries, including specific challenges associated with exporting. DATES: August 19, 2011, from 1 p.m. to 4 p.m. Eastern Daylight Time (E.D.T.) ADDRESSES: The meeting will take place via conference call. FOR FURTHER INFORMATION CONTACT: Brian O’Hanlon, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482–3492; e-mail: brian.ohanlon@trade.gov. This meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to OEEI at (202) 482– 3492. SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the RE&EEAC pursuant to his discretionary authority and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) on July 14, 2010. The RE&EEAC provides the Secretary of Commerce with consensus advice from the private sector on the development and administration of programs and policies to expand the international competitiveness of the U.S. renewable energy and energy efficiency industries. The RE&EEAC held its first meeting on December 7, 2010 and subsequent meetings on March 1, 2011 and May 31– June 1, 2011. The meeting is open to the public. Members of the public wishing to participate in the conference call meeting must notify Brian O’Hanlon at the contact information above by 5 p.m. E.D.T. on Monday, August 15, in order to pre-register. Registered members of the public will receive call-in instructions. Please specify any request for reasonable accommodation by August 12, 2011. Last minute requests will be accepted, but may be impossible to fill. A limited amount of time, from 3:30 p.m.–4 p.m., will be available for pertinent brief oral comments from members of the public participating in the meeting. Any member of the public may submit pertinent written comments concerning the RE&EEAC’s affairs at any time before or after the meeting. Comments may be submitted to brian.ohanlon@trade.gov or to the Renewable Energy and Energy Efficiency Advisory Committee, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, Room 4830, 1401 Constitution Avenue, NW., Washington, DC 20230. To be considered during the meeting, comments must be received no later E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44575-44576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18884]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-826]


Paper Clips From the People's Republic of China: Continuation of 
the Antidumping Duty Order

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

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 paper clips 
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.

DATES: Effective Date: July 26, 2011.

FOR FURTHER INFORMATION CONTACT: Krisha Hill or Charles Riggle, 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-
4037 or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION: On January 3, 2011, the Department initiated 
the third sunset review of the antidumping duty order on paper clips 
from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``Act''). See Initiation of Five-Year (``Sunset'') Review, 76 
FR 89 (January 3, 2011).
    As a result of its review, the Department determined that 
revocation of the antidumping duty order on paper clips 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 Paper Clips From the People's 
Republic of China: Final Results of Expedited Sunset Review of 
Antidumping Duty Order, 76 FR 26242 (May 6, 2011). On June 29, 2011, 
the ITC determined, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on paper clips 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 time. 
See USITC Publication 4242 (July 2011), Paper Clips from China: 
Investigation No. 731-TA-663 (Third Review), and Paper Clips from 
China, 76 FR 42730 (July 19, 2011).

Scope of the Order

    The products covered by the order are certain paper clips, wholly 
of wire of base metal, whether or not galvanized, whether or not plated 
with nickel or other base metal (e.g., copper), with a wire diameter 
between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), 
regardless of physical configuration, except as specifically excluded. 
The products subject to the order may have a rectangular or ring-like 
shape and include, but are not limited to, clips commercially referred 
to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, 
Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty 
clips, Peerless clips, Ring clips, and Glide-On clips. The products 
subject to the order are currently classifiable under subheading 
8305.90.3010 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').
    Specifically excluded from the scope of the order are plastic and 
vinyl covered paper clips, butterfly clips, binder clips, or other 
paper fasteners that are not made wholly of wire of base metal and are 
covered under a separate subheading of the HTSUS.

[[Page 44576]]

    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of the order is 
dispositive.

Continuation of the Order

    As a result of these determinations by the Department and the ITC 
that revocation of the antidumping duty order on paper clips 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 paper clips 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: July 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-18884 Filed 7-25-11; 8:45 am]
BILLING CODE 3510-DS-P
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