[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Pages 63786-63787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25579]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 /
Notices
[[Page 63786]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Notice of Court Decision Not in Harmony With Final Results of
Administrative Review, Notice of Re-conduct of Administrative Review of
Grobest & I Mei Industrial (Vietnam) Co., Ltd., and Notice of Amended
Final Results of Administrative Review
SUMMARY: On September 13, 2012, the United States Court of
International Trade (``CIT'' or ``Court'') entered final judgment
following its decision in Grobest II, \1\ regarding the final results
of the antidumping duty administrative review of certain frozen
warmwater shrimp (``shrimp'') from the Socialist Republic of Vietnam
(``Vietnam'') for the period covering February 1, 2008, through January
31, 2009.\2\ Consistent with the decision of the United States Court of
Appeals for the Federal Circuit (``Federal Circuit'') in Timken,\3\ as
clarified by Diamond Sawblades,\4\ the Department is notifying the
public that the final judgment in this case is not in harmony with the
Department's Final Results and is amending the Final Results. The
Department is also notifying the public that it is re-conducting the
2008/2009 antidumping duty administrative review of Grobest & I-Mei
Industrial (Vietnam) Co., Ltd. (``Grobest'') pursuant to the CIT's
order.
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\1\ See Grobest & I-Mei Industrial (Vietnam) Co. v. United
States, Slip Op. 2012-100 (July 31, 2012) (``Grobest II'').
\2\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 75 FR 47771 (August 9,
2010), and accompanying Issues and Decision Memorandum, as amended
by Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Amended Final Results of Antidumping Duty Administrative
Review, 75 FR 61122 (October 4,2010) (``Final Results'').
\3\ See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir.
1990) (``Timken'').
\4\ Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (``Diamond Sawblades'').
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DATES: Effective Date: September 23, 2012.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-4031.
SUPPLEMENTARY INFORMATION: On August 9, 2010, the Department issued its
Final Results. In the Final Results, the Department determined not to
examine Grobest as a voluntary respondent and rejected Amanda Foods
(Vietnam) Ltd.'s (``Amanda Foods'') untimely separate rate
certification (``SRC'').\5\
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\5\ See Final Results.
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In Grobest I, the CIT remanded the Final Results to the Department
to, inter alia, reconsider its denial of Grobest's voluntary respondent
request and to accept Amanda Foods' SRC.\6\ On April 30, 2012, the
Department filed its remand results, in which it determined that
individually reviewing Grobest as a voluntary respondent would have
been unduly burdensome and would have inhibited the timely completion
of the administrative review. The Department also accepted Amanda
Foods' SRC, per the Court's instruction.
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\6\ See Grobest & I-Mei Industrial (Vietnam) Co. v. United
States, 36 CIT, 2d 1342 (2012) (``Grobest I'').
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On July 31, 2012, the Court sustained the Department's remand
results regarding Amanda Foods' SRC, but remanded the Department's
rejection of Grobest's request for voluntary respondent status and
ordered the Department to conduct an individual review of Grobest as a
voluntary respondent and to reconsider Grobest's revocation request in
light of the results of that review.\7\
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\7\ See Grobest II.
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Following the Court's remand order in Grobest II, the Government
moved the Court to enter final judgment so that the Department could
re-conduct the administrative review of Grobest under section 751(a)(3)
of the Tariff Act of 1930, as amended. The Court granted this motion
and ordered the Department to re-conduct the administrative review of
Grobest by individually investigating Grobest as a voluntary respondent
and reconsidering Grobest's request for revocation in light of the
results of that review. The Court also ordered the Department to treat
the review of Grobest as being conducted pursuant to the deadlines
listed in section 751(a)(3) of the Act, calculating the deadlines
beginning from the date of the entry of final judgment.
Timken Notice
In its decision in Timken, \8\ as clarified by Diamond Sawblades,
the CAFC held that, pursuant to section 516A(e) 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 September 13, 2012, judgment
sustaining the Department's remand redetermination to accept Amanda
Foods' SRC and remand to individually review Grobest constitutes a
final decision of that court that is not in harmony with the
Department' 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.
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\8\ See Timken, 893 F.2d at 341.
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Notice of Re-Conduct of Review of Grobest
Pursuant to the Court's final judgment, the Department will re-
conduct the 2008/2009 administrative review of the antidumping duty
order on shrimp from Vietnam on Grobest. The Department will conduct
the administrative review according to the deadlines listed in Section
751(a)(3) of the Act, calculating the deadlines beginning from the date
the final judgment was entered, i.e., September 13, 2012. The
Department will also reconsider Grobest's request for revocation within
the context of that review.
Amended Final Results
Because there is now a final court decision with respect to the
Final Results, the Department amends its
[[Page 63787]]
Final Results. The Department finds the following revised margin to
exist:
Certain Frozen Warmwater Shrimp from Vietnam
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Margin
Exporter (percent)
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Amanda Foods (Vietnam) Ltd.............................. 3.92
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The Department also amends the Final Results by announcing that it
is re-conducting the administrative review of Grobest, pursuant to the
Court's September 13, 2012, order.
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: October 10, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-25579 Filed 10-16-12; 8:45 am]
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