[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Notices]
[Page 53116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21770]
[[Page 53116]]
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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 August 11, 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
decision in Association of American School Paper Suppliers v. United
States, Court No. 09-00163, Slip Op. 10-82 (July 27, 2010). See Final
Results of Redetermination Pursuant to Remand, Court No. 09-00163,
dated December 6, 2010 (``Remand Results''), and Association of
American School Paper Suppliers v. United States, Court No. 09-00163,
Slip Op. 11-101 (August 11, 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 (``POR'') of April 17, 2006,
through August 31, 2007, with respect to Lian Li.
DATES: Effective Date: August 22, 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 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'').
AASPS challenged the Department's Amended Final at the CIT. On July
27, 2010, the CIT remanded the case for the Department to revisit its
determination that the financial information for Sundaram Multi Pap
Ltd. (``Sundaram'') is the best information available to calculate
surrogate financial values for Lian Li.
On December 6, 2010, the Department issued its final results of
remand redetermination. See Remand Results. The Department continued to
find that Sundaram's financial information constitutes the best
available information on the record for calculating surrogate financial
ratios. The Department also determined that, in the Amended Final, it
had not identified the figures used to calculate the surrogate
financial ratios, and had erroneously relied on actual values from the
Sundaram Profit and Loss statement as opposed to dividing those values
by the appropriate denominator to calculate the surrogate financial
ratios. In the Remand Results, the Department calculated the surrogate
financial ratios by dividing the actual values from the Sundaram Profit
and Loss statement by the appropriate denominator. See Remand Results
at 28. On August 11, 2011, the CIT affirmed the Department's Remand
Results. See Association of American School Paper Suppliers v. United
States, Court No. 09-00163, Slip Op. 11-101 (August 11, 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 Tariff Act of 1930, as amended (``the Act'')
19 U.S.C. 1516a(c), 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 August 11, 2011, sustaining the
Department's Remand Results 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, Lian Li's weighted-average dumping margin for the period April 1,
2006, through August 31, 2007, is 8.10 percent. 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 Act.
Dated: August 19, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-21770 Filed 8-24-11; 8:45 am]
BILLING CODE 3510-DS-P