[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Page 26241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11119]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Certain Frozen Warmwater Shrimp From Thailand: 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 26, 2011, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (the Department's)
results of redetermination pursuant to the CIT's remand order in Ad Hoc
Shrimp Trade Action Committee v. United States, 675 F. Supp. 2d 1287
(CIT 2010). The Department is notifying the public that the final CIT
judgment in this case is not in harmony with the Department's final
results and is amending the final results of the administrative review
of the antidumping duty order on certain frozen warmwater shrimp from
Thailand covering the period of review (POR) of February 1, 2006,
through January 31, 2007.
DATES: Effective Date: May 6, 2011.
FOR FURTHER INFORMATION CONTACT: Kate Johnson, AD/CVD Operations,
Office 2, Import Administration--International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC, 20230; telephone (202) 482-4929.
SUPPLEMENTARY INFORMATION:
Background
On August 29, 2008, the Department published its final results in
the antidumping duty administrative review of certain frozen warmwater
shrimp from Thailand covering the POR of February 1, 2006, through
January 31, 2007. See Certain Frozen Warmwater Shrimp from Thailand:
Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 50933 (August 29, 2008) (Final Results).
In the Final Results, the Department determined that the Rubicon Group
\1\ was not entitled to a constructed export price (CEP) offset. On
October 24, 2008, the Rubicon Group filed a complaint with the Court
challenging the Department's determination that the Rubicon Group was
not entitled to a CEP offset. On July 17, 2009, the Department
requested a voluntary remand to reconsider and further explain the CEP
offset issue. On December 29, 2009, the Court granted the Department's
request to reconsider and further explain its decision as to whether
the Rubicon Group is entitled to a CEP offset. On June 18, 2010, the
Department issued its final results of redetermination. See Final
Results of Redetermination Pursuant to Court Remand, dated June 18,
2010 (Remand Results) (available at http://ia.ita.doc.gov/remands). The
remand redetermination explained that, pursuant to the Court's remand
order, the Department reconsidered the CEP offset issue with respect to
the Rubicon Group and determined that the Rubicon Group was entitled to
a CEP offset adjustment to normal value in the 2006-2007 administrative
review. On April 26, 2011, the CIT sustained the Remand Results. See
Andaman Seafood Co., Ltd. et al. v. United States, Court No. 08-00330,
Slip Op. 11-46 (April 26, 2011).
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\1\ This group is comprised of the following companies: Andaman
Seafood Co., Ltd., Chanthaburi Frozen Food Co., Ltd., Chanthaburi
Seafoods Co., Ltd., Phatthana Seafood Co., Ltd., Phatthana Frozen
Food Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd., Thai
International Seafood Co., Ltd., and Rubicon Resources, LLC
(collectively, the Rubicon Group).
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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 Tariff Act of 1930, as amended (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 April 26,
2011, judgment sustaining the Department's Remand Results with respect
to the Rubicon Group constitutes a final decision of that court that is
not in harmony with the Departments Final Results. 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 the
Rubicon Group, the Department amends its Final Results, and the
weighted-average margin for the Rubicon Group for the period February
1, 2006, through January 31, 2007, is 3.00 percent.
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 from the Rubicon Group
based on the revised assessment rates calculated by the Department.
This notice is issued and published in accordance with sections
516A(c)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11119 Filed 5-5-11; 8:45 am]
BILLING CODE 3510-DS-P