[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70294-70295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23961]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-867]


Certain Automotive Replacement Glass Windshields from the 
People's Republic of China: Notice of Amended Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order Pursuant to 
Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: December 11, 2007
SUMMARY: On August 3, 2007, the United States Court of International 
Trade (``CIT'' or ``Court'') entered a final judgment sustaining the 
Final Results of Redetermination Pursuant to Court Remand, Fuyao Glass 
Industry Group Co., v. United States (``Fourth Remand 
Redetermination'') made by the Department of Commerce (``the 
Department'') pursuant to the CIT's remand of the final determination 
of the less-than-fair-value investigation of certain automotive 
replacement glass windshields from the People's Republic of China 
(``PRC'') in Changchun Pilkington Safety Glass Co., Ltd., et. al. v. 
United States, Consol. Court No. 02-00312, Slip Op. 07-118 (August 3, 
2007). As there is now a final and conclusive court decision in this 
case, the Department is amending the final determination and 
antidumping duty order of this investigation.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Robert Bolling, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4474 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 12, 2002, the Department published its Final 
Determination of Sales at Less Than Fair Value: Certain Automotive 
Replacement Glass Windshields From the People's Republic of China, 67 
FR 6482 (February 12, 2002) (``Final Determination''), and accompanying 
Issues and Decision Memorandum, as amended, 67 FR 11670 (March 15, 
2002), covering U.S. sales of subject merchandise during the period of 
investigation (``POI''), July 1, 2000, through December 31, 2000. In 
its Final Determination, the Department calculated individual rates for 
two mandatory respondents, Fuyao Glass Industry Group Co., Ltd. 
(``Fuyao'') and

[[Page 70295]]

Xinyi Automotive Glass (Shenzhen) Co., Ltd. (``Xinyi''). The Department 
then assigned a separate rate to the companies that demonstrated an 
absence of government control over their export activities, and this 
rate was based on the weighted average of the rates assigned to Fuyao 
and Xinyi. See Section 735(c)(5) of the Tariff Act of 1930, as amended 
(``the Act''). Shenzhen Benxun Automotive Glass Co., Ltd. (``Benxun''), 
and Changchun Pilkington Safety Glass, Co., Ltd, Guilin Pilkington 
Safety Glass Co., Ltd., and Wuhan Yaohua Pilkington Safety Glass Co., 
Ltd. (collectively ``Pilkington'') were among the companies that 
received separate rates during the investigation.
    In separate actions, plaintiffs, Fuyao, Xinyi, Pilkington, and 
Benxun\1\ contested several aspects of the Final Determination, 
including the Department's decision to disregard certain market economy 
inputs.\2\ On August 2, 2002, the Court consolidated these actions into 
Court No. 02-00282. On February 15, 2006, while the cases were 
consolidated, the Court remanded the Department's decision regarding 
certain market economy inputs to the Department. See Fuyao Glass 
Industry Group Co., Ltd. v. United States, Consol. Court No. 02-00282, 
2006 Ct. Int'l Trade Lexis 21, Slip Op. 2006-21 (CIT February 15, 
2006). As a result of its remand determination, the Department 
calculated zero margins for both Fuyao and Xinyi.
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    \1\ On July 20, 2004, the Department determined that Shenzhen 
CSG Autoglass Co., Ltd. (CSG) is the 
successor-in-interest to Benxun. The amended final results of this 
segment of the proceeding will apply to entries made by CSG on or 
subsequent to July 20, 2004.
    \2\ Court Nos. 02-00282, 02-00312, 02-00320 and 02-00321.
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    In Fuyao Glass Industry Group Co. v. United States, Consol. Court 
No. 02-00282, (Orders of November 2, 2006, and December 19, 2006), the 
Court then granted the Department's request for a voluntary remand and 
instructed the Department to devise a reasonable methodology to 
calculate an antidumping margin for Pilkington and Benxun, taking into 
consideration the zero margins assigned to Fuyao and Xinyi. On January 
8, 2007, the Court severed Fuyao's and Xinyi's actions, Court Nos. 02-
00282 and 02-00321, from the consolidated action, and designated 
Pilkington's action, Court No. 02-00312, as the lead case, under which 
Court Nos. 02-00319 and 02-00320 were consolidated.
    On April 16, 2007, the Department filed its remand results with the 
Court. In its fourth remand results, the Department devised a 
reasonable methodology to calculate an antidumping margin for 
Pilkington and Benxun, taking into consideration the zero margins 
assigned to Fuyao and Xinyi. Specifically, on remand, the Department 
identified the control numbers (``CONNUM'') shared by Pilkington, 
Benxun, Fuyao and Xinyi, as reported in their questionnaire responses, 
and imputed Fuyao's and Xinyi's CONNUM-specific margins to the matching 
CONNUMs of Pilkington and Benxun. The Department then weight-averaged 
those CONNUM-specific margins, which resulted in the de minimis 
antidumping margin of 1.47 percent for Pilkington and Benxun.
    On May 10, 2007, and June 28, 2007, respectively, the Court issued 
final judgments in Court Nos. 02-00282 and 02-00321, wherein it 
affirmed the Department's third remand results with respect to Fuyao's 
and Xinyi's actions. On August 3, 2007, the Court issued a final 
judgement, wherein it affirmed the Department's fourth remand results 
with respect to Pilkington and Benxun.
    On November 7, 2007, the Department notified the public that the 
CIT's final judgment was not in harmony with the Department's Final 
Determination. See Certain Automotive Replacement Glass Windshields 
from the People's Republic of China: Notice of Decision of the Court of 
International Trade Not in Harmony, 72 FR 62812 (November 7, 2007). No 
party appealed the CIT's decision. As there is now a final and 
conclusive court decision in this case, we are amending our Final 
Determination.

Amended Final Determination

    As the litigation in this case has concluded, the Department is 
amending the Final Determination. The revised dumping margin in the 
amended final determination is as follows:

------------------------------------------------------------------------
                      Exporter                              Margin
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Changchun Pilkington Safety Glass, Co., Ltd,........
Guilin Pilkington Safety Glass Co., Ltd.,...........
Wuhan Yaohua Pilkington Safety Glass Co., Ltd.......        1.47 percent
Shenzhen Benxun Automotive Glass Co., Ltd...........        1.47 percent
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    The PRC-wide rate continues to be 124.5 percent as determined in 
the Department's Final Determination. The Department intends to issue 
instructions to U.S. Customs and Border Protection fifteen days after 
publication of this notice, to revise the cash deposit rates for the 
companies listed above, effective as of the publication date of this 
notice.
    This notice is published in accordance with sections 735(d) and 
777(i) of the Act.

    Dated: December 3, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-23961 Filed 12-10-07; 8:45 am]
BILLING CODE 3510-DS-S