Escolar Documentos
Profissional Documentos
Cultura Documentos
deposit rate equal to the rate applied to the Court found that by assigning this Administrative Review, 71 FR 38366
the PRC entity. See Notice of Final rate to Guangdong the Department had (July 6, 2006) (2003–2004 Pencils AD
Determination of Sales at Less Than effectively applied adverse facts Review) and accompanying Issues and
Fair Value: Certain Cased Pencils from available to a participating and Decision Memorandum at Comment 10.
the People’s Republic from China, 59 FR cooperative respondent. The CIT also Specifically, in the ‘‘Cash Deposit
55625, 55627 (November 8, 1994), see instructed the Department to articulate Requirements’’ section of the 2003–2004
also Certain Cased Pencils From the specifically the portions of the existing Pencils AD Review, and the
People’s Republic of China; Notice of collapsing statutes and regulations Department’s corresponding cash
Amended Final Determination of Sales which are applicable or inapplicable in deposit instructions to Customs and
at Less Than Fair Value and Amended the non–market economy (NME) Border Protection (CBP), issued on July
Antidumping Duty Order in Accordance context, and provide the Court with a 28, 2006, we noted that for all PRC
With Final Court Decision, 64 FR 25275 clearly articulated methodology for exporters of subject merchandise, to
(May 11, 1999). collapsing companies in NME countries. which we have not assigned a separate
In the 1999–2000 administrative See Kaiyuan Group Corp., et al v. United rate, the cash deposit rate will be the
review of the antidumping duty order States and the Pencil Section Writing PRC wide rate of 114.9 percent. The
on pencils from the PRC, the Instrument Manufacturers Ass’n, et al., cash deposit rate in the 2003–2004
Department ‘‘collapsed’’ Three Star with 343 F. Supp. 2d 1289 (May 14, 2004). Pencils AD Review supersedes the cash
another entity, China First Pencil Co. In its remand redetermination, the deposit rate assigned to Guangdong in
Ltd. (China First), based upon Department continued to collapse Three the instant amended final results.
information that came to light late in the Star with China first (providing the Therefore, Guangdong’s future entries
review. Further, the Department additional explanation requested by the will continue to be subject to the PRC–
determined that the combined entity, Court) but assigned Guangdong a cash wide rate and there will be no need to
China First/Three Star, was distinct deposit rate of 13.91 percent, which is issue cash deposit instructions to CBP
from the Three Star whose factors of equal to the weighted–average of the in connection with the instant Federal
production formed the basis for dumping margins calculated for the Register notice.
excluding Guangdong from the other respondents in the 1999–2000
antidumping duty order. Because there administrative review. On August 23, Assessment
was no information on the record of the 2005, the CIT sustained the Consistent with the 2000 A mended
1999–2000 review from which to Department’s remand redetermination. Final Results of Review, because there is
calculate a dumping margin for See Kaiyuan Group Corp., et al v. United no information on the record which
Guangdong, consistent with the States and the Pencil Section Writing identifies the importers of record, we
investigation in this proceeding, in the Instrument Manufacturers Association, calculated exporter–specific assessment
final results of review the Department et al., 391 F. Supp. 2d 1317 (August 23, rates for respondents’ shipments of
assigned Guangdong’s sales of China 2005), and the Department’s Final subject merchandise. Specifically, we
First/Three Star produced subject Results of Redetermination Pursuant to calculated duty assessment rates for
merchandise a cash deposit rate equal to Court Remand: Kaiyuan Group Corp., et subject merchandise based on the ratio
the PRC–wide rate. See Certain Cased al v. United States and Pencil Section of the total amount of antidumping
Pencils from the People’s Republic of Writing Instrument Manufacturers duties calculated for the examined sales
China: Final Results and Partial Association, et al. (dated September 30, to the total quantity of those sales. The
Rescission of Antidumping Duty 2004). On October 21, 2005, Department will issue appropriate
Administrative Review, 67 FR 48,612 respondents filed a notice of appeal assessment instructions directly to U.S.
(July 25, 2002), as amended in Notice of with the CAFC. On July 12, 2006, the Customs and Border Protection within
Amended Final Results and Partial CAFC issued a ‘‘Notice of Entry of 15 days of publication of this notice.
Rescission of Antidumping Duty Judgement Without Opinion,’’ in which This notice is issued and published in
Administrative Review: Certain Cased it affirmed the decision of the CIT. accordance with sections 751(a)(1) and
Pencils from the People’s Republic of 777(i)(1) of the Tariff Act of 1930, as
China, 67 FR 59,049 (September 19, Amended Final Results of Review
amended.
2002) (2000 Amended Final Results of As the litigation in this case has
Review). concluded, the Department is amending Dated: November 2, 2006.
China First, Guangdong, Three Star, the 2000 Amended Final Results of David M. Spooner,
Orient International Holding Shanghai Review to reflect a dumping margin for Assistant Secretary for Import
Foreign Trade Co. Ltd., and Kaiyuan Guangdong of 13.91 percent. The Administration.
Group Corporation, respondents in the dumping margins for the other [FR Doc. E6–19040 Filed 11–8–06; 8:45 am]
1999–2000 administrative review, filed respondents in that review and the BILLING CODE 3510–DS–S
a motion of judgement upon the agency PRC–wide rate did not change as a
record contesting the final results of that result of the Department’s remand
review. Specifically, these respondents redetermination. DEPARTMENT OF COMMERCE
challenged a number of the surrogate
values selected by the Department, as Cash Deposit Requirements National Oceanic and Atmospheric
well as the Department’s decision to Subsequent to the 1999–2000 Administration
collapse Three Star with China First, antidumping duty administrative review
of pencils from the PRC, the Department [I.D. 110606B]
and initiate a review of Guangdong and
assign it the PRC–wide rate. After determined, with respect to the pencils Caribbean Fishery Management
considering the respondents’ arguments, order, that Guangdong ‘‘did not merit a
sroberts on PROD1PC70 with NOTICES
VerDate Aug<31>2005 17:31 Nov 08, 2006 Jkt 211001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1
Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices 65779
‘‘Corporation’’), as part of its continuing functions of the Corporation, including Agency Number: None.
effort to reduce paperwork and whether the information will have Affected Public: State commissions.
respondent burden, conducts a pre- practical utility; Total Respondents: 54.
clearance consultation program to • Evaluate the accuracy of the Frequency: Annually.
provide the general public and federal agency’s estimate of the burden of the Average Time Per Response: 24 hours.
VerDate Aug<31>2005 16:26 Nov 08, 2006 Jkt 211001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1