[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32222-32223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12998]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp From the People's Republic of
China: Notice of Court Decision Not in Harmony With Final Results and
Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 20, 2014, the United States Court of International
Trade (``CIT'') sustained the Department of Commerce's (``the
Department'') final results of redetermination pursuant to remand of
the 2008-2009 antidumping duty administrative review of certain frozen
warmwater shrimp from the People's Republic of China (``Remand
Redetermination'').\1\ 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, 626
F.3d 1374 (CAFC 2010) (``Diamond Sawblades''), 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 of the administrative review of certain frozen warmwater shrimp
from the People's Republic of China (``PRC'') with respect to the
margin assigned to Hilltop International (``Hilltop'') covering the
period of review (``POR'') February 1, 2008, through January 31,
2009.\2\
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\1\ See Results Of Redetermination Pursuant To Court Remand
issued by the Department of Commerce (November 4, 2013), available
at http://enforcement.trade.gov/remands/.
\2\ See Administrative Review of Certain Frozen Warmwater Shrimp
From the People's Republic of China: Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 75 FR 49460
(August 13, 2010) (``Final Results'').
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DATES: Effective Date: May 30, 2014.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, Office V,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION: On July 19, 2013, the CIT remanded this case
to the Department for reconsideration \3\ pursuant to the order of the
CAFC in Ad Hoc Shrimp Trade Action Committee v. United States, No.
2012-1416 (Fed. Cir. 2013), which granted the Department's request for
a voluntary remand in this matter to allow for reconsideration in light
of information discovered in the sixth administrative review of this
proceeding.\4\ Pursuant to the Remand Order, we reconsidered our
determination in this review and found that Hilltop provided false and
incomplete information regarding its affiliates and that none of its
submissions could be relied upon. Accordingly, we found that Hilltop
failed to rebut the presumption that it is part of the PRC-wide entity
and applied total adverse facts available (``AFA'') to the PRC-wide
entity, which includes Hilltop. As AFA, we applied a dumping margin of
112.81 percent, which is the highest rate from any segment of the
proceeding and the current PRC-wide rate, and reevaluated that margin
to ensure that it continues to be reliable and have probative value.\5\
The CIT sustained the Department's Remand Redetermination on May 20,
2014, making the effective date of this notice May 30, 2014.\6\
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\3\ See Ad Hoc Shrimp Trade Action Committee v. United States,
Court No. 10-00275, Slip Op. 13-89 (CIT July 19, 2013) (``Remand
Order'').
\4\ See Administrative Review of Certain Frozen Warmwater Shrimp
From the People's Republic of China: Final Results, Partial
Rescission of Sixth Antidumping Duty Administrative Review and
Determination Not To Revoke in Part, 77 FR 53856 (September 4,
2012).
\5\ See Remand Redetermination.
\6\ See Ad Hoc Shrimp Trade Action Committee, Court Nos. 10-
00275 and 11-00335, Slip Op. 14-55 (CIT May 20, 2014).
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC held that, pursuant to section 516A(e) 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 May 20, 2014, judgment
sustaining the Department's Remand Redetermination with respect to
Hilltop constitutes a final decision of that court that is not in
harmony with the Department's 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. The cash
deposit rate will remain the rate established for the most recent
period during which the PRC-wide entity was reviewed.\7\
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\7\ See Certain Frozen Warmwater Shrimp From the People's
Republic of China: Final Results of Administrative Review; 2011-
2012, 78 FR 56209 (September 12, 2013).
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Amended Final Results
Because there is now a final court decision, we are amending the
Final Results with respect to Hilltop's margin for the period February
1, 2008, through January 31, 2009. The revised weighted-average dumping
margin is as follows:
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Percent
Exporter margin
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PRC-Wide Entity \8\........................................ 112.81
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In the event the CIT's ruling is not appealed, the Department will
instruct U.S. Customs and Border Protection to assess antidumping
duties on entries during the POR of the subject merchandise exported by
Hilltop using
[[Page 32223]]
the revised assessment rate calculated by the Department in the Remand
Redetermination.
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\8\ The PRC-wide entity includes Hilltop International.
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This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12998 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P