[Federal Register Volume 71, Number 241 (Friday, December 15, 2006)]
[Notices]
[Page 75503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21439]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-827


Notice of Amended Final Results in Accordance With Court 
Decision: Antidumping Duty Administrative Review of Sebacic Acid from 
the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 18, 2006, the United States Court of 
International Trade (``CIT'') affirmed the redetermination of the 
Department of Commerce (``the Department'') in the antidumping duty 
(``AD'') administrative review of sebacic acid from the People's 
Republic of China (``PRC''). See Guangdong Chemicals Import and Export 
Corporation v. the United States, Court No. 05-00023; Slip-Op 06-142 
(CIT 2006); see also Department's Final Results of Redetermination 
Pursuant to Court Order: Guangdong Chemicals Import and Export 
Corporation v. United States (dated May 3, 2006). As there is now a 
final and conclusive court decision in this case, the Department is 
amending the final results of this administrative review.

EFFECTIVE DATE: December 15, 2006.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats at (202) 482-5047, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: On December 16, 2004, the Department 
published in the Federal Register the final results of the 2002-2003 
administrative review of the antidumping duty order on sebacic acid 
from the PRC. See Sebacic Acid From the People's Republic of China: 
Final Results Antidumping Duty Administrative Review, 69 FR 75303 
(``Final Results''). In that review, the Department relied on Monthly 
Statistics of the Foreign Trade of India (MSFTI) for the period of 
review (``POR'') to value sebacic acid, a surrogate value used to 
allocate the respondent's reported inputs between the production of the 
subject merchandise, sebacic acid, and non-subject merchandise. 
Additionally, in that review the Department deducted the by-product 
offset from normal value.
    The respondent in the 2002-2003 administrative review of the 
antidumping duty order on sebacic acid from the PRC filed a complaint 
with the CIT contesting both the surrogate value assigned to sebacic 
acid and the location of the deduction of the by-product offset in the 
Final Results. The Department filed a motion with the CIT for a 
voluntary remand with respect to the application of the by-product 
offset. On January 25, 2006, the CIT remanded this case to the 
Department to re-evaluate the surrogate value selected to value sebacic 
acid and granted the Department's request for a voluntary remand with 
respect to the application of the by-product offset. On May 3, 2006, 
the Department issued its final results of remand redetermination on 
the surrogate value selected to value sebacic acid and its voluntary 
redetermination to further explain its application of the by-product 
offset.
    In its redetermination, the Department concluded that it was 
appropriate to value sebacic acid using MSFTI data after removing 
aberrational amounts (``MSFTI data''), rather than the Chemical Weekly 
ChemImpEx database (``ChemImpEx'') as suggested by the respondent. The 
Department reached this conclusion because, unlike the ChemImpEx data, 
the MSFTI data is official government data and had a greater variety of 
data points. On September 18, 2006, the CIT affirmed the Department's 
remand redetermination. See Guangdong Chemicals Import & Export 
Corporation v. United States, Ct. No. 05-00023 Slip Op. 06-142 
(September 18, 2006). Consistent with the decision of the United States 
Court of Appeals for the Federal Circuit in Timken Company v. United 
States and China National Machinery and Equipment Import and Export 
Corporation, 893 F. 2d 337 (Fed. Cir. 1990) (``Timken''), on October 4, 
2006, the Department published a notice announcing that the CIT's 
decision was not in harmony with the Department's determination in the 
2002-2003 administrative review of the antidumping duty order on 
sebacic acid from the PRC. No party appealed the CIT's decision. 
Therefore, there is now a final and conclusive court decision in this 
case.

Amended Final Results of Review

    As the litigation in this case has concluded, the Department is 
amending the Final Results. The dumping margins in the amended final 
results of review are as follows:

------------------------------------------------------------------------
                                                                Margin
                    Exporter/Manufacturer                      (percent)
------------------------------------------------------------------------
Guangdong Chemicals Import and Export Corporation...........       19.82
------------------------------------------------------------------------

    The PRC-wide rate continues to be 243.40 percent.

Assessment

    The Department intends to issue assessment instruction to U.S. 
Customs and Border Protection 15 days after the date of publication of 
these amended final results of review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: December 8, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-21439 Filed 12-14-06; 8:45 am]
BILLING CODE 3510-DS-S