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

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.

Table of Contents

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 CITaffirmed 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.

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