[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Notices]
[Pages 28213-28214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11985]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


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

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

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.

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 CIT

[[Page 28214]]

affirmed 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.
[FR Doc. 2011-11985 Filed 5-13-11; 8:45 am]
BILLING CODE 3510-DS-P