[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39939-39940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15811]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-848
Freshwater Crawfish Tail Meat from the People's Republic of
China: Notice of Amended Final Results of Administrative Review
Pursuant to Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 11, 2008.
FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: 202- 482-3208.
SUPPLEMENTARY INFORMATION:
Background
This matter arose from a challenge to the results in the Department
of Commerce's (the ``Department'') Notice of Final Results of
Antidumping Duty Administrative Review, and Final Partial Rescission of
Antidumping Duty Administrative Review of Freshwater Crawfish Tail Meat
from the People's Republic of China, 67 FR 19546 (April
[[Page 39940]]
22, 2002) (``Final Results'') and accompanying Issues and Decision
Memorandum (``Memo''), covering the period of review (``POR''),
September 1, 1999 August 31, 2000. Following publication of the Final
Results, Fujian Pelagic Fishery Group Co. (``Fujian'') and Pacific
Coast Fishery Corp. (``Pacific Coast''), filed a lawsuit with the
United States Court of International Trade (``CIT'') challenging the
Department's Final Results. In the Final Results, the Department
determined that Fujian and Pacific Coast were not affiliated pursuant
to section 771(33) of the Tariff Act of 1930, as amended (``the Act'').
See Memo at Comment 18. Fujian and Pacific Coast challenged the
Department's determination and the CIT affirmed the Department's
determination that Fujian and Pacific Coast were not affiliated parties
because ``Fujian had not made an investment, whether in cash or in the
form of a promissory note, in Pacific Coast'' and because ``Fujian did
not exercise control over Pacific Coast.'' See Crawfish Processors
Alliance, et al. v. United States, 343 F. Supp. 2d 1242, 1269 (CIT
2004).
Fujian and Pacific Coast timely appealed the CIT's decision with
the United States Court of Appeals for the Federal Circuit (``CAFC'').
The only issue considered on appeal was whether Fujian and Pacific
Coast were affiliated parties pursuant to section 771(33)(E) of the
Act. The CAFC reversed the CIT's affirmance of the Department's
determination that Fujian and Pacific Coast were not affiliated because
section 771(33)(E) of the Act does not require ``proof of full payment
in cash or merchandise during the review period to show affiliation''
and that Fujian and Pacific Coast ``have presented sufficient evidence
to show that Fujian directly or indirectly owns at least 5% of Pacific
Coast's shares.'' See Crawfish Processors Alliance, et al. v. United
States, 477 F.3d 1375, 1384 (Fed. Cir. 2007). The CAFC remanded the
case to the CIT for proceedings consistent with its opinion. Therefore,
on October 30, 2007, the CIT directed the Department to recalculate the
antidumping duty margin treating Fujian and Pacific Coast as affiliated
parties in compliance with the CAFC's decision and mandate.
On December 11, 2007, the Department released the draft final
results of redetermination for comment. No party submitted comments by
the December 20, 2007, deadline. On January 24, 2008, the Department
filed its final results of redetermination pursuant to remand with the
CIT. See Final Results of Redetermination Pursuant to Court Remand,
Court No. 02-00376 (January 24, 2008) (``Final Redetermination''),
found at http://ia.ita.doc.gov/remands/07-156.pdf. In the remand
redetermination, pursuant to the CIT's order, the Department considered
Fujian and Pacific Coast affiliated parties under section 771(33)(E) of
the Act and recalculated Fujian's dumping margin using Pacific Coast's
CEP sales data. On March 5, 2008, the CIT sustained all aspects of the
remand redetermination made by the Department pursuant to the CIT's
remand of the Final Results. See Crawfish Processors Alliance v. United
States, Slip Op. 08-27 (March 5, 2008).
On March 20, 2008, consistent with the decision in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified
the public that the CIT's decision was not in harmony with the
Department's final results. See Freshwater Crawfish Tail Meat from the
People's Republic of China: Notice of Court Decision Not In Harmony
With Final Results of Administrative Review, 73 FR 14960 (March 20,
2008). 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
Results.
Amended Final Results
As the litigation in this case has concluded, the Department is
amending the Final Results to reflect the results of our remand
determination. The revised dumping margin in the amended final results
is as follows:
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Exporter Margin
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Fujian......................................................... 60.83%
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The Department will instruct U.S. Customs and Border Protection
(``CBP'') to liquidate entries of freshwater crawfish tail meat from
the People's Republic of China during the review period at the
assessment rate the Department calculated for the final results of
review as amended. We intend to issue the assessment instructions to
CBP 15 days after the date of publication of these amended final
results of review.
This notice is published in accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: July 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-15811 Filed 7-10-08; 8:45 am]
BILLING CODE 3510-DS-S