772 Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices 

1See Changzhou Wujin Fine Chemical Factory 

Co., Ltd. v. United States, No. 09–00216, Slip Op. 

10–85 (Ct. Int’l Trade Aug. 5, 2010); Changzhou 

Wujin Fine Chemical Factory Co., Ltd. v. United 

States, No. 09–00216, Slip Op. 10–103 (Ct. Int’l 

Trade Sept. 13, 2010). 

2See 1–Hydroxyethylidene-1, 1–Diphosphonic 

Acid from the People’s Republic of China: Final 

Determination of Sales at Less Than Fair Value, 74 

FR 10545 (March 11, 2009) (‘‘Final Determination’’); 

1–Hydroxyethylidene-1, 1–Diphosphonic Acid from 

India and the People’s Republic of China: 

Antidumping Duty Orders, 74 FR 19197 (April 28, 

2009) (‘‘Antidumping Duty Order’’). 

3See Final Determination, 74 FR at 10545. 

4See Changzhou Wujin Fine Chemical Factory 

Co., Ltd. v. United States, No. 09–00216 (Ct. Int’l 

Trade Feb. 8, 2010). 

5See Final Results of Redetermination Pursuant 

to Court Order: Changzhou Wujin Fine Chemical 

Factory Co., Ltd. v. United States (May 3, 2010) at 

1–9. 

6See Changzhou Wujin Fine Chemical Factory 

Co., Ltd. v. United States, No. 09–00216, Slip Op. 

10–103 (Ct. Int’l Trade Sept. 13, 2010). 

7 In the event the CIT’s decision is affirmed on 

appeal, the Department will publish an amended 

final determination revising the separate rate 

assigned to Jiangsu Jianghai and issue revised cash 

deposit instructions to U.S. Customs and Border 

Protection (‘‘CBP’’). 

8See 1–Hydroxyethylidene-1, 1–Diphosphonic 

Acid From the People’s Republic of China: Notice 

of Decision of the Court of International Trade Not 

in Harmony, 75 FR 78967 (December 17, 2010) 

(‘‘Timken Notice’’). 

9 Id. at 78968. 

Protection port of entry, FTZ 14’s 

existing Sites 1–3 would be categorized 

as magnet sites, Site 1 would be 

expanded to include additional acreage 

and the grantee proposes an initial 

usage-driven site (Site 4); 

Whereas, notice inviting public 

comment was given in the Federal 

Register (75 FR 27982–27983, 5/19/10) 

and the application has been processed 

pursuant to the FTZ Act and the Board’s 

regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations are satisfied, and 

that the proposal is in the public 

interest; 

Now, therefore, the Board hereby 

orders: 

The application to reorganize and 

expand FTZ 14 under the alternative 

site framework is approved, subject to 

the FTZ Act and the Board’s regulations, 

including Section 400.28, to the Board’s 

standard 2,000-acre activation limit for 

the overall general-purpose zone 

project, to a five-year ASF sunset 

provision for magnet sites that would 

terminate authority for Sites 2 and 3 if 

not activated by December 31, 2015, and 

to a three-year ASF sunset provision for 

usage-driven sites that would terminate 

authority for Site 4 if no foreign-status 

merchandise is admitted for a bona fide 

customs purpose by December 31, 2013. 

Signed at Washington, DC this 20th day of 

December, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2011–61 Filed 1–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–934] 

1–Hydroxyethylidene-1, 1– 

Diphosphonic Acid From the People’s 

Republic of China: Amended Final 

Determination of Sales at Less Than 

Fair Value and Amended Antidumping 

Duty Order in Accordance With Final 

Court Decision and Correction to 

Notice of Decision of the Court of 

International Trade Not in Harmony 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 6, 2011. 

SUMMARY: On September 13, 2010, the 

United States Court of International 

Trade (‘‘CIT’’) sustained the remand 

determination made by the Department 

of Commerce (the ‘‘Department’’) 

pursuant to the CIT’s remand of the 

final determination in the antidumping 

duty investigation on 1- 

hydroxyethylidene-1, 1-diphosphonic 

acid (‘‘HEDP’’) from the People’s 

Republic of China (‘‘PRC’’) and ordered 

the case dismissed.1 This case arises out 

of the Department’s final determination 

in the antidumping investigation on 

HEDP from the PRC.2 As there is now 

a final and conclusive court decision in 

this action with respect to Changzhou 

Wujin Fine Chemical Factory Co., Ltd. 

(‘‘Wujin Fine’’), the Department is 

amending its Final Determination and 

Antidumping Duty Order. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Higgins, AD/CVD Operations, 

Office 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington DC 20230; telephone: (202) 

482–0679. 

SUPPLEMENTARY INFORMATION: On March 

11, 2009, the Department published its 

Final Determination in which it 

determined that HEDP from the PRC is 

being, or is likely to be, sold in the 

United States at less than fair value as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the ‘‘Act’’).3

Separate rate respondent companies 

Wujin Fine and Jiangsu Jianghai 

Chemical Group Co., Ltd. (‘‘Jiangsu 

Jianghai’’) timely challenged certain 

aspects of the Final Determination to the 

CIT. Among the issues raised before the 

CIT was whether the Department 

properly corroborated the adverse facts 

available (‘‘AFA’’) rate upon which it 

relied in calculating the separate rate. 

On February 8, 2010, the CIT granted 

the United States’ motion for a 

voluntary remand to reconsider the 

separate rate assigned to Wujin Fine and 

Jiangsu Jianghai after examining 

whether the Department corroborated 

the AFA rate upon which it relied in 

calculating the separate rate.4 In a 

remand determination filed on May 3, 

2010, the Department determined that 

the AFA rate upon which the 

Department relied in calculating the 

separate rate was not corroborated in the 

Final Determination.5 Consequently, the 

Department calculated a revised 

separate rate of 15.47 percent for Wujin 

Fine and Jiangsu Jianghai relying on a 

second AFA rate that did not require 

corroboration. 

On September 13, 2010, the CIT 

sustained the Department’s remand 

redetermination, and subsequently 

dismissed the case.6 On November 12, 

2010, Jiangsu Jianghai filed an appeal 

with the United States Court of Appeals 

for the Federal Circuit (‘‘CAFC’’) of the 

CIT’s decision.7 Wujin Fine, however, 

elected not to appeal the CIT’s decision. 

Consistent with the decision of the 

CAFC in Timken Co. v. United States, 

893 F.2d 337 (Fed. Cir. 1990), the 

Department published in the Federal 

Register a notice of a court decision that 

is not ‘‘in harmony’’ with the 

Department’s final determination.8 The 

Timken Notice incorrectly stated that, 

‘‘In the event the CIT’s decision is 

affirmed on appeal, the Department will 

publish an amended final determination 

revising the separate rate assigned to 

Wujin Fine and Jiangsu Jianghai and 

issue revised cash deposit instructions 

to U.S. Customs and Border 

Protection.’’ 9 As noted above, only 

Jiangsu Jianghai appealed the CIT’s 

decision with the CAFC. Because Wujin 

Fine did not appeal the CIT’s decision 

and the period to appeal that decision 

has expired, the CIT decision is final 

and conclusive for Wujin Fine. 

Accordingly, the Department is 

amending its Final Determination and 

Antidumping Duty Order. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices 773 

Amendment to Final Determination and 

Antidumping Order 

Because there is now a final and 

conclusive court decision with respect 

to Wujin Fine in this proceeding, the 

revised dumping margin and cash 

deposit rate for Wujin Fine in the Final 

Determination is as follows: 

HEDP from the PRC 

Amended final 

margin 

Exporter Producer (Percent) 

Original final 

margin 

(Percent) 

Changzhou Wujin Fine Chemical Factory Co., Ltd. Changzhou Wujin Fine Chemical Factory Co., Ltd. 36.21 15.47 

In accordance with section 

735(c)(1)(B) of the Act, the Department 

will instruct CBP to collect a cash 

deposit of 15.47 percent for entries of 

subject merchandise produced and 

exported by Wujin Fine, effective 

September 23, 2010 in accordance with 

the Timken Notice. 

This notice is issued and published in 

accordance with sections 735(d), 736(a), 

516A(c)(1), and 777(i)(1) of the Act. 

Dated: December 30, 2010. 

Christian Marsh, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–57 Filed 1–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–504] 

Petroleum Wax Candles From the 

People’s Republic of China: 

Continuation of Antidumping Duty 

Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 6, 2011. 

SUMMARY: As a result of the 

determinations by the Department of 

Commerce (‘‘Department’’) and the 

International Trade Commission (‘‘ITC’’) 

that revocation of the antidumping duty 

order on petroleum wax candles from 

the People’s Republic of China (‘‘PRC’’) 

would likely lead to a continuation or 

recurrence of dumping and material 

injury to an industry in the United 

States, the Department is publishing a 

notice of continuation of the 

antidumping duty order. 

FOR FURTHER INFORMATION CONTACT: Tim 

Lord, AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–7425. 

SUPPLEMENTARY INFORMATION: On July 9, 

2010, the Department published the 

notice of initiation of the sunset review 

of the antidumping duty order on 

petroleum wax candles from the PRC 

pursuant to section 751(c)(2) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’). See Initiation of Five-Year 

(‘‘Sunset’’) Review, 75 FR 39494 (July 9, 

2010). 

As a result of its review, the 

Department determined that revocation 

of the antidumping duty order on 

petroleum wax candles from the PRC 

would likely lead to a continuation or 

recurrence of dumping and, therefore, 

notified the ITC of the magnitude of the 

margins likely to prevail should the 

order be revoked. See Petroleum Wax 

Candles From the People’s Republic of 

China: Final Results of Expedited Third 

Sunset Review of Antidumping Duty 

Order, 75 FR 70713 (November 18, 

2010). 

On December 17, 2010, the ITC 

determined, pursuant to section 

751(c)(1) of the Act, that revocation of 

the antidumping duty order on 

petroleum wax candles from the PRC 

would likely lead to a continuation or 

recurrence of material injury to an 

industry in the United States within a 

reasonably foreseeable future. See 

Petroleum Wax Candles From China 

Determination, 75 FR 80843 (December 

23, 2010), and USITC Publication 4207 

(December 2010), Petroleum Wax 

Candles From China: Investigation No. 

731–TA–282 (Third Review). 

Scope of the Order 

The products covered by the order are 

certain scented or unscented petroleum 

wax candles made from petroleum wax 

and having fiber or paper-cored wicks. 

They are sold in the following shapes: 

Tapers, spirals and straight-sided dinner 

candles; rounds, columns, pillars, 

votives; and various wax-filled 

containers. The products were originally 

classifiable under the Tariff Schedules 

of the United States item 755.25, 

Candles and Tapers. The products are 

currently classifiable under the 

Harmonized Tariff Schedule (‘‘HTSUS’’) 

item number 3406.00.00. The HTSUS 

item numbers are provided for 

convenience and customs purposes. The 

written description remains dispositive. 

Continuation of the Order 

As a result of these determinations by 

the Department and the ITC that 

revocation of the antidumping duty 

order would likely lead to a 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act, the Department 

hereby orders the continuation of the 

antidumping order on petroleum wax 

candles from the PRC. U.S. Customs and 

Border Protection will continue to 

collect antidumping duty cash deposits 

at the rates in effect at the time of entry 

for all imports of subject merchandise. 

The effective date of the continuation of 

the order will be the date of publication 

in the Federal Register of this notice of 

continuation. Pursuant to section 

751(c)(2) of the Act, the Department 

intends to initiate the next five-year 

review of the order not later than 30 

days prior to the fifth anniversary of the 

effective date of continuation. 

This five-year (sunset) review and this 

notice are in accordance with section 

751(c) of the Act and published 

pursuant to section 777(i)(1) of the Act. 

Dated: December 29, 2010. 

Edward C. Yang, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–28 Filed 1–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 


erowe on DSK5CLS3C1PROD with NOTICES