Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 45177 

disability, and where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

genetic information, political beliefs, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance program. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (Braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720– 

2600 (voice and TDD). To file a 

complaint of discrimination, write to 

USDA, Director, Office of Civil Rights, 

1400 Independence Avenue, SW., 

Washington, DC 20250–9410, or call 

(866) 632–9992 (voice) or (202) 401– 

0216 (TDD). USDA is an equal 

opportunity provider and employer. 

Dated: August 25, 2009. 

Judith A. Canales, 

Administrator, Rural Business-Cooperative 

Service. 

[FR Doc. E9–21030 Filed 8–31–09; 8:45 am] 

BILLING CODE 3410–XY–P 

CHEMICAL SAFETY AND HAZARD 

INVESTIGATION BOARD 

Sunshine Act Meeting—September 24, 

2009—6:30 pm 

In connection with its investigation 

into the cause of a February 7, 2008, an 

explosion and fire at the Imperial Sugar 

refinery northwest of Savannah, 

Georgia, the Chemical Safety and 

Hazard Investigation Board announces 

that it will convene a public meeting on 

September 24, 2009, starting at 6:30 pm 

at the Hilton Savannah DeSoto—15 East 

Liberty Street, Savannah, Georgia. 

At the meeting CSB staff will present 

to the Board the results of their 

investigation into this incident. Key 

issues involved in the investigation 

concern combustible dust hazard 

recognition, minimizing combustible 

dust accumulation in the workplace, 

and equipment design and maintenance. 

This will be followed by a public 

comment period prior to a Board vote 

on the report. 

Incident: On February 7, 2008, at 

about 7:15 p.m., a series of sugar dust 

explosions at the Imperial Sugar 

manufacturing facility in Port 

Wentworth, Georgia, resulted in 14 

worker fatalities and 36 injuries. Eight 

workers died at the scene and six 

eventually succumbed to their injuries 

at the Augusta Burn Center. The 

explosions and subsequent fires 

destroyed the sugar packing buildings, 

palletizer room, and silos, and severely 

damaged the bulk train car loading area 

and parts of the sugar refinery. 

Following the staff presentation and 

the conclusion of the public comment 

period, the Board will consider whether 

to approve the final report and 

recommendations. All staff 

presentations are preliminary and are 

intended solely to allow the Board to 

consider in a public forum the issues 

and factors involved in this case. No 

factual analyses, conclusions or findings 

presented by staff should be considered 

final. Only after the Board has 

considered the final staff presentation, 

listened to the witnesses and the public 

comments and approved the staff report 

will there be an approved final record 

of this incident. 

The meeting will be open to the 

public. Please notify CSB if a translator 

or interpreter is needed, at least 5 

business days prior to the public 

meeting. For more information, please 

contact the Chemical Safety and Hazard 

Investigation Board at (202)–261–7600, 

or visit our Web site at: www.csb.gov. 

Christopher W. Warner, 

General Counsel. 

[FR Doc. E9–21127 Filed 8–28–09; 11:15 am] 

BILLING CODE 6350–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–570–827) 

Certain Cased Pencils from the 

People’s Republic of China: Amended 

Final Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 13, 2009, the 

Department of Commerce (‘‘the 

Department’’) published the final results 

of the administrative review of the 

antidumping duty order on certain 

cased pencils from the People’s 

Republic of China (‘‘PRC’’), covering the 

period December 1, 2006, through 

November 30, 2007. See Certain Cased 

Pencils from the People’s Republic of 

China: Final Results and Partial 

Rescission of Antidumping Duty 

Administrative Review, 74 FR 33406 

(July 13, 2009) (‘‘Final Results’’). We are 

amending the Final Results to correct 

ministerial errors in the calculation of 

the weighted–average margin and the 

assessment rate applicable to entries by 

certain respondents to this proceeding, 

China First Pencil Co., Ltd. (‘‘China 

First’’), Shanghai Three Star Stationery 

Industry Co., Ltd. (‘‘Three Star’’), and 

Orient International Holding Shanghai 

Foreign Trade Corporation (‘‘SFTC’’) 

(collectively, ‘‘Respondents’’), pursuant 

to section 751(h) of the Tariff Act of 

1930, as amended (‘‘the Act’’), and 19 

CFR 351.224(e). We released the final 

amended results to the parties on 

Wednesday, August 19, 2009. However, 

that version inadvertently included an 

incorrect weighted average margin for 

SFTC, so this amended final results 

correct that error. The error was 

discovered prior to publication in the 

Federal Register; consequently, this 

amended notice is being published in its 

place. 

EFFECTIVE DATE: September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David Layton or Alexander Montoro, at 

(202) 482–0371 or (202) 482–0238, 

respectively; AD/CD Operations, Office 

1, Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 20, 2009, China First, Three 

Star and SFTC submitted timely 

allegations of ministerial errors 

pursuant to 19 CFR 351.224(c)(1). First, 

Respondents alleged that the 

Department did not use the correct 

conversion percentage for slats. Second, 

Respondents alleged that the 

Department did not calculate the 

surrogate value for slats correctly. Third, 

Respondents alleged that the 

Department valued both lacquer and the 

inputs to make lacquer. Fourth, 

Respondents alleged that the 

Department should not have inflated the 

surrogate value for plastic toppers. 

Finally, Respondents alleged that the 

Department should adjust the separate 

rate assigned to SFTC after correcting 

for the above–described allegations of 

ministerial errors. See Memorandum 

from David Layton, Alexander Montoro, 

and Joseph Shuler, International Trade 

Compliance Analysts, to Susan 

Kuhbach, Director of AD/CD 

Operations, Office 1, ‘‘Ministerial Error 

Allegations’’ (August 18, 2009) 

(‘‘Ministerial Error Allegations Memo’’). 

On July 28, 2009, the petitioners to 

this proceeding, Sanford L.P., Musgrave 

Pencil Company, RoseMoon Inc., and 

General Pencil Company (collectively, 

‘‘Petitioners’’), submitted a reply to 

China First’s, Three Star’s and SFTC’s 

ministerial error allegations. Petitioners 

argued that the Department must take 

into account China First’s full lumber– 

to-slat yield loss ratio when calculating 

China First’s slat surrogate value. In 

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45178 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

addition, Petitioners argued that the 

Department should use an average of 

yield loss ratios reported by China First 

and another respondent, Shandong 

Rongxin Import & Export Co., Ltd 

(‘‘Rongxin’’), to calculate Three Star’s 

yield loss ratio for slats. Moreover, 

Petitioners asserted that the Department 

properly calculated the surrogate value 

for slats, lacquer and plastic toppers. 

Amended Final Results of Review 

A ministerial error, as defined in 

section 751(h) of the Act, includes 

‘‘errors in addition, subtraction, or other 

arithmetic function, clerical error 

resulting from inaccurate copying, 

duplication, or the like, and any other 

type of unintentional error which the 

{Secretary} considers ministerial.’’ See 

also 19 CFR 351.224(f). After analyzing 

Respondents’ allegations, we have 

determined, in accordance with section 

751(h) of the Act and 19 CFR 351.224(e), 

that the Department made ministerial 

errors in the Final Results by not using 

the correct yield loss conversion 

percentage to calculate China First’s and 

Three Star’s surrogate value for slats; 

and by using a surrogate dollar value 

not based on kilograms in its slat 

surrogate value calculation for China 

First, Three Star, and Rongxin. In 

addition, the Department made a 

ministerial error by valuing both lacquer 

and the inputs to make lacquer, 

resulting in double–counting. The 

Department also made a ministerial 

error by using an incorrect surrogate 

value for plastic toppers. Correcting for 

those ministerial errors also requires the 

Department to adjust the separate rate 

assigned to SFTC. For additional 

explanation, see the Ministerial Error 

Allegations Memo. 

Therefore, we are amending the final 

results of administrative review of 

certain cased pencils from the PRC for 

the period December 1, 2006, through 

November 30, 2007, to include the 

revised surrogate value calculations for 

slats, lacquer and plastic toppers. The 

revised weighted–average percentage 

dumping margin for China First, Three 

Star, and SFTC are as follows: 

Manufacturer/exporter Margin (percent) 

China First Pencil Company, Ltd. (which includes its affiliates China First Pencil Fang Zheng Co., Shanghai 

First Writing Instrument Co., Ltd., and Shanghai Great Wall Pencil Co., Ltd.) ................................................... 10.41 

Shanghai Three Star Stationery Industry Corp ....................................................................................................... 59.62 

Shandong Rongxin Import & Export Co., Ltd1 ........................................................................................................ 11.48 

Orient International Holding Shanghai Foreign Trade Co., Ltd .............................................................................. 32.21 

PRC–wide Entity2 .................................................................................................................................................... 114.90 

1We have not addressed comments pertaining to clerical error allegations relating to Rongxin’s margin in the Final Results because the U.S. 

Court of International Trade has obtained jurisdiction of those results pursuant to Rongxin having filed a complaint. See Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No. 09-00316 (Complaint filed August 8, 2009); see also Zenith Elecs. Corp. v. United States, 884 

F.2d 556, 561 (Fed. Cir. 1989). 2The PRC-wide entity includes Anhui Import Export Co., Ltd., Guangdong Provincial Stationery and Sporting Goods Import Export Corporation, 

and Tianjin Custom Wood Processing Co., Ltd. A review was requested for these three companies. 

Assessment Rate 

The Department will determine, and 

U.S. Customs and Border Protection 

(‘‘CBP’’) shall assess, antidumping 

duties on all appropriate entries based 

on the amended final results. For details 

on the assessment of antidumping 

duties on all appropriate entries, see the 

Final Results. 

The Department intends to issue 

appropriate assessment instructions 

directly to CBP 15 days after the date of 

publication of the amended final results 

of the administrative review. 

Cash Deposit Requirements 

The following deposit rates will be 

effective retroactively on any entries 

made on or after July 13, 2009, the date 

of publication of the Final Results, for 

all shipments of certain cased pencils 

from the PRC entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date, as provided 

by section 751(a)(2)(C) of the Act: (1) the 

cash deposit rate for the reviewed 

companies named above will be the 

rates established in the amended final 

results of this review, except if a rate is 

less than 0.5 percent, and therefore de 

minimis, the cash deposit rate will be 

zero; (2) for any previously reviewed or 

investigated PRC or non–PRC exporter, 

not covered in this review, with a 

separate rate, the cash deposit rate will 

be the company–specific rate 

established in the most recent segment 

of this proceeding; (3) for all other PRC 

exporters, the cash deposit rate will be 

the PRC–wide rate established in the 

final results of this review which is 

114.90 percent; and (4) the cash–deposit 

rate for any non–PRC exporter of subject 

merchandise from the PRC will be the 

rate applicable to the PRC exporter that 

supplied that exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred, and in the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

This notice is also the reminder to 

parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation 

Disclosure 

We will disclose the calculations 

performed for these amended final 

results within five days of the date of 

publication of this notice to interested 

parties in accordance with 19 CFR 

351.224(b). 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: August 24, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–21005 Filed 8–31–09; 8:45 am] 

BILLING CODE 3510–DS–S 

mstockstill on DSKH9S0YB1PROD with NOTICES