[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45177-45178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21005]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-827)
Certain Cased Pencils from the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 13, 2009, the Department of Commerce (``the
Department'') published the final results of the administrative review
of the antidumping duty order on certain cased pencils from the
People's Republic of China (``PRC''), covering the period December 1,
2006, through November 30, 2007. 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''). We are amending the Final Results to correct
ministerial errors in the calculation of the weighted-average margin
and the assessment rate applicable to entries by certain respondents to
this proceeding, China First Pencil Co., Ltd. (``China First''),
Shanghai Three Star Stationery Industry Co., Ltd. (``Three Star''), and
Orient International Holding Shanghai Foreign Trade Corporation
(``SFTC'') (collectively, ``Respondents''), pursuant to section 751(h)
of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR
351.224(e). We released the final amended results to the parties on
Wednesday, August 19, 2009. However, that version inadvertently
included an incorrect weighted average margin for SFTC, so this amended
final results correct that error. The error was discovered prior to
publication in the Federal Register; consequently, this amended notice
is being published in its place.
EFFECTIVE DATE: September 1, 2009.
FOR FURTHER INFORMATION CONTACT: David Layton or Alexander Montoro, at
(202) 482-0371 or (202) 482-0238, respectively; AD/CD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14\th\ Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 2009, China First, Three Star and SFTC submitted timely
allegations of ministerial errors pursuant to 19 CFR 351.224(c)(1).
First, Respondents alleged that the Department did not use the correct
conversion percentage for slats. Second, Respondents alleged that the
Department did not calculate the surrogate value for slats correctly.
Third, Respondents alleged that the Department valued both lacquer and
the inputs to make lacquer. Fourth, Respondents alleged that the
Department should not have inflated the surrogate value for plastic
toppers. Finally, Respondents alleged that the Department should adjust
the separate rate assigned to SFTC after correcting for the above-
described allegations of ministerial errors. See Memorandum from David
Layton, Alexander Montoro, and Joseph Shuler, International Trade
Compliance Analysts, to Susan Kuhbach, Director of AD/CD Operations,
Office 1, ``Ministerial Error Allegations'' (August 18, 2009)
(``Ministerial Error Allegations Memo'').
On July 28, 2009, the petitioners to this proceeding, Sanford L.P.,
Musgrave Pencil Company, RoseMoon Inc., and General Pencil Company
(collectively, ``Petitioners''), submitted a reply to China First's,
Three Star's and SFTC's ministerial error allegations. Petitioners
argued that the Department must take into account China First's full
lumber-to-slat yield loss ratio when calculating China First's slat
surrogate value. In
[[Page 45178]]
addition, Petitioners argued that the Department should use an average
of yield loss ratios reported by China First and another respondent,
Shandong Rongxin Import & Export Co., Ltd (``Rongxin''), to calculate
Three Star's yield loss ratio for slats. Moreover, Petitioners asserted
that the Department properly calculated the surrogate value for slats,
lacquer and plastic toppers.
Amended Final Results of Review
A ministerial error, as defined in section 751(h) of the Act,
includes ``errors in addition, subtraction, or other arithmetic
function, clerical error resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the {Secretary{time} considers ministerial.'' See also 19 CFR
351.224(f). After analyzing Respondents' allegations, we have
determined, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), that the Department made ministerial errors in the Final
Results by not using the correct yield loss conversion percentage to
calculate China First's and Three Star's surrogate value for slats; and
by using a surrogate dollar value not based on kilograms in its slat
surrogate value calculation for China First, Three Star, and Rongxin.
In addition, the Department made a ministerial error by valuing both
lacquer and the inputs to make lacquer, resulting in double-counting.
The Department also made a ministerial error by using an incorrect
surrogate value for plastic toppers. Correcting for those ministerial
errors also requires the Department to adjust the separate rate
assigned to SFTC. For additional explanation, see the Ministerial Error
Allegations Memo.
Therefore, we are amending the final results of administrative
review of certain cased pencils from the PRC for the period December 1,
2006, through November 30, 2007, to include the revised surrogate value
calculations for slats, lacquer and plastic toppers. The revised
weighted-average percentage dumping margin for China First, Three Star,
and SFTC are as follows:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
China First Pencil Company, Ltd. (which 10.41
includes its affiliates China First
Pencil Fang Zheng Co., Shanghai First
Writing Instrument Co., Ltd., and
Shanghai Great Wall Pencil Co., Ltd.)...
Shanghai Three Star Stationery Industry 59.62
Corp....................................
Shandong Rongxin Import & Export Co., 11.48
Ltd\1\..................................
Orient International Holding Shanghai 32.21
Foreign Trade Co., Ltd..................
PRC-wide Entity\2\....................... 114.90
------------------------------------------------------------------------
\1\ We have not addressed comments pertaining to clerical error
allegations relating to Rongxin's margin in the Final Results because
the U.S. Court of International Trade has obtained jurisdiction of
those results pursuant to Rongxin having filed a complaint. See
Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No.
09-00316 (Complaint filed August 8, 2009); see also Zenith Elecs.
Corp. v. United States, 884 F.2d 556, 561 (Fed. Cir. 1989).
\2\ The PRC-wide entity includes Anhui Import Export Co., Ltd.,
Guangdong Provincial Stationery and Sporting Goods Import Export
Corporation, and Tianjin Custom Wood Processing Co., Ltd. A review was
requested for these three companies.
Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries based on the amended final results. For details on
the assessment of antidumping duties on all appropriate entries, see
the Final Results.
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the date of publication of the amended
final results of the administrative review.
Cash Deposit Requirements
The following deposit rates will be effective retroactively on any
entries made on or after July 13, 2009, the date of publication of the
Final Results, for all shipments of certain cased pencils from the PRC
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the reviewed companies named above will be
the rates established in the amended final results of this review,
except if a rate is less than 0.5 percent, and therefore de minimis,
the cash deposit rate will be zero; (2) for any previously reviewed or
investigated PRC or non-PRC exporter, not covered in this review, with
a separate rate, the cash deposit rate will be the company-specific
rate established in the most recent segment of this proceeding; (3) for
all other PRC exporters, the cash deposit rate will be the PRC-wide
rate established in the final results of this review which is 114.90
percent; and (4) the cash-deposit rate for any non-PRC exporter of
subject merchandise from the PRC will be the rate applicable to the PRC
exporter that supplied that exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice is also the reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation
Disclosure
We will disclose the calculations performed for these amended final
results within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-21005 Filed 8-31-09; 8:45 am]
BILLING CODE 3510-DS-S