Certain Cased Pencils 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

摘要

On January 3, 2011, the United States Court of International Trade ("CIT") sustained in an unpublished judgment the Department of Commerce's ("the Department") results of redetermination as applied to respondents China First Pencil Co., Ltd. ("China First") and Shanghai Three Star Stationery Industry Corp. ("Three Star") and separate rate company Orient International Holding Shanghai Foreign Trade Co., Ltd. ("SFTC") pursuant to the CIT's remand order in China First Pencil Co., Ltd. v. United States, 721 F. Supp. 2d 1369 (Ct. Int'l Trade 2010) ("China First"). See Final Results of Redetermination Pursuant to Remand, Court No. 09-00325, dated December 20, 2010, available at http://ia.ita.doc.gov/remands ("Remand Results"); China First Pencil Co., Ltd. v. United States, Court No. 09-00325 (Ct. Int'l Trade January 3, 2011) (judgment). 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 (Fed. Cir. 1990) ("Timken"), as clarified by Diamond Sawblades Mfrs. Coalition v. United States,--F.3d--Court No. 2010-1024, -1090 (Fed. Cir. December 9, 2010) ("Diamond Sawblades"), the Department is notifying t