Freshwater Crawfish Tail Meat from the People's Republic of China: Notice of Court Decision Not In Harmony with Final Results of Administrative Review, 7012-7013 [E6-1890]
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Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices
15 days of publication of these final
results of review.
rmajette on PROD1PC67 with NOTICES1
Cash Deposit Requirements
Furthermore, the following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of certain cut–to-length plate from
Romania entered, or withdrawn from
warehouse, for consumption on or after
the publication date of these final
results, as provided by section 751(a) of
the Act: (1) for the company covered by
this review, the cash deposit rate will be
the rate listed above; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in the investigation, the cash
deposit rate will continue to be the
company–specific rate from the final
determination; (3) if the exporter is not
a firm covered in this review or the
investigation, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise for
the most recent period; and (4) if neither
the exporter nor the producer is a firm
covered in this review or the
investigation, the cash deposit rate will
be 75.04 percent, the ‘‘Romania–wide’’
rate established in the less–than-fair–
value investigation. These deposit
requirements shall remain in effect until
publication of the final results of the
next administrative review.
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402
(f)(2) to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred, and in the
subsequent assessment of double
antidumping duties.
This notice also is the only reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
VerDate Aug<31>2005
15:10 Feb 09, 2006
Jkt 208001
Dated: February 3, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–1880 Filed 2–9–06; 8:45 am]
Enterprises, Inc., d/b/a Louisiana
Packing Company created a business
relationship with Nanlian during the
September 1, 1999, to August 31, 2000,
period of review (‘‘99/00 POR’’), and (b)
explain with specificity how Mr. Wei’s
BILLING CODE 3510–DS–S
contacts with Jiangsu and Nanlian
demonstrate control of either company
on behalf of the other or control over
DEPARTMENT OF COMMERCE
both; and (2) if the Department is unable
International Trade Administration
to provide substantial evidence
supporting its collapsing decision, then
[A–570–848]
it is to treat Jiangsu and Nanlian as
Freshwater Crawfish Tail Meat from the unaffiliated entities and assign separate
company specific antidumping duty
People’s Republic of China: Notice of
margins using verified information on
Court Decision Not In Harmony with
Final Results of Administrative Review the record.
On November 25, 2005, the
AGENCY: Import Administration,
Department issued the draft results of
International Trade Administration,
redetermination pursuant to remand
Department of Commerce.
(‘‘draft results’’) for comment by
SUMMARY: On December 29, 2005, the
interested parties. No party filed
United States Court of International
comments in response to the
Trade (‘‘Court’’) sustained the final
Department’s draft results of
remand determination made by the
redetermination pursuant to remand. On
Department of Commerce (‘‘the
December 9, 2005, the Department
Department’’) pursuant to the Court’s
issued its final results of
remand of the final results of the
redetermination pursuant to remand to
administrative review of freshwater
the Court. The remand redetermination
crawfish tail meat from the People’s
explained that without the presumption
of affiliation between Jiangsu and
Republic of China. See Crawfish
Nanlian from the prior administrative
Processors Alliance v. United States,
reviews, the invoices and Mr. Wei’s
Consol. Ct. No. 02–00376, Slip Op. 05–
contacts between the two companies
166 (Ct. Int’l Trade December 29, 2005)
(‘‘CPA Remand III’’). This case arises out were insufficient to sustain the
determination to collapse the two
of the Departments’s Notice of Final
companies. Therefore, the Department
Results of Antidumping Duty
stated that it would treat Jiangsu and
Administrative Review, and Final
Partial Rescission of Antidumping Duty Nanlian as unaffiliated entities.
Accordingly, Nanlian’s antidumping
Administrative Review 67 FR 19546
duty margin for the 99/00 POR is 62.51
(April 22, 2002) (‘‘Final Results’’). The
percent. The Department did not initiate
final judgment in this case was not in
a review of Jiangsu during the period of
harmony with the Department’s April
review. Thus, the Department did not
2002 Final Results.
determine an antidumping duty margin
EFFECTIVE DATE: February 10, 2006.
for Jiangsu for the 99/00 POR.
FOR FURTHER INFORMATION CONTACT: Scot
On December 29, 2005, the Court
Fullerton or Christopher D. Riker, AD/
found that the Department complied
CVD Operations, Office 9, Import
with the Court’s remand order and
Administration, International Trade
sustained the Department’s remand
Administration, U.S. Department of
redetermination. See CPA Remand III.
Commerce, 14th Street and Constitution
Timken Notice
Avenue, NW., Washington DC 20230;
telephone: (202) 482–1386 or (202) 482–
In its decision in Timken Co., v.
3441, respectively.
United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (‘‘Timken’’), the United States
SUPPLEMENTARY INFORMATION: In
Court of Appeals for the Federal Circuit
Crawfish Processors Alliance v. United
States, 395 F. Supp. 2d 1330 (CIT 2005), held that, pursuant to section 516A(e) of
the Tariff Act of 1930, as amended (‘‘the
the Court remanded the Department’s
Act’’), the Department must publish a
determination in the final results to
notice of a court decision that is not ‘‘in
collapse Jiangsu Hilong International
harmony’’ with a Department
Trade Co., Ltd. (‘‘Jiangsu’’) and Ningbo
determination, and must suspend
Nanlian Frozen Foods Company, Ltd.
liquidation of entries pending a
(‘‘Nanlian’’) with instructions to either:
‘‘conclusive’’ court decision. The
(1) (a) Explain with specificity how the
Court’s decision in CPA Remand III on
interactions between Jiangsu and
December 29, 2005, constitutes a final
Ningbo indicate that one company has
control over the other or both, especially decision of that court that is not in
how the invoices from Jiangsu to Hontex harmony with the Department’s final
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Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices
results in the 99/00 administrative
review of freshwater crawfish tail meat.
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, upon a final and
conclusive court decision.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: February 3, 2006.
David Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–1890 Filed 2–9–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat from the
People’s Republic of China: Notice of
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2005, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its administrative review of
the antidumping duty order on
freshwater crawfish tail meat from the
People’s Republic of China (‘‘PRC’’). See
Freshwater Crawfish Tail Meat from the
People’s Republic of China: Notice of
Preliminary Results of Antidumping
Duty Administrative Review, 70 FR
58672 (‘‘Preliminary Results’’). Based on
our analysis of the record, including
factual information obtained since the
preliminary results, we have made
changes to the margin calculation for
Yancheng Hi–King. Therefore, the final
results differ from the preliminary
results. See Final Results of Review
section, below.
AGENCY:
EFFECTIVE DATE:
February 10, 2006.
Scot
Fullerton or Erin Begnal, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–1386 or (202) 482–1442,
respectively.
rmajette on PROD1PC67 with NOTICES1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:10 Feb 09, 2006
Jkt 208001
Background
On October 7, 2005, the Department
published the preliminary results of its
administrative review of the
antidumping duty order on freshwater
crawfish tail meat from the PRC. See
Preliminary Results. The administrative
review covers four exporters or
producer/exporters: (1) Yancheng Hi–
King Agriculture Developing Co., Ltd.
(‘‘Yancheng Hi–King’’); (2) Yancheng
Yaou Seafood Co., Ltd. (‘‘Yancheng
Yaou’’)1; (3) China Kingdom
International (‘‘China Kingdom’’); and
(4) Weishan Zhenyu Foodstuff Co., Ltd.
(‘‘Weishan Zhenyu’’), and exports of the
subject merchandise to the United
States during the period September 1,
2003, through August 31, 2004.
We invited parties to comment on our
Preliminary Results, and received a case
brief from the Crawfish Processors
Alliance (‘‘petitioners’’), the Louisiana
Department of Agriculture and Forestry,
and Bob Odom, Commissioner of
Agriculture (collectively, ‘‘Domestic
Parties’’), on November 7, 2005. We also
received a rebuttal case brief from
Yancheng Hi–King on November 14,
2005. On December 7, 2005, we held a
public hearing in this review.
Scope of Order
The product covered by this
antidumping duty order is freshwater
crawfish tail meat, in all its forms
(whether washed or with fat on,
whether purged or unpurged), grades,
and sizes; whether frozen, fresh, or
chilled; and regardless of how it is
packed, preserved, or prepared.
Excluded from the scope of the order are
live crawfish and other whole crawfish,
whether boiled, frozen, fresh, or chilled.
Also excluded are saltwater crawfish of
any type, and parts thereof. Freshwater
crawfish tail meat is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 1605.40.10.10 and
1605.40.10.90, which are the HTSUS
numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and
other, as introduced by U.S. Customs
1 The Department determined that Yancheng
Yaou and Qingdao Zhengri Seafood Co., Ltd.
(‘‘Qingdao Zhengri’’) should be treated as a single
entity in the 99/00 administrative review. See
Freshwater Crawfish Tail Meat from the People’s
Republic of China; Notice of Final Results of
Antidumping Duty Administrative Review, and
Final Partial Rescission of Antidumping Duty
Administrative Review, 67 FR 19546, (April 22,
2002). As the Department was not presented with
information sufficient to demonstrate that the
companies should no longer be treated as a single
entity, consistent with the Department’s practice,
the Department continued to treat Yancheng Yaou
and Qingdao Zhengri as a single entity in
subsequent reviews, including the instant review.
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7013
and Border Protection (‘‘CBP’’) in 2000,
and HTSUS numbers 0306.19.00.10 and
0306.29.00.00, which are reserved for
fish and crustaceans in general. The
HTSUS subheadings are provided for
convenience and customs purposes
only. The written description of the
scope of this order is dispositive.
Separate Rates
Yancheng Hi–King, Yancheng Yaou,
China Kingdom and Weishan Zhenyu
have requested separate, company–
specific antidumping duty rates. In our
preliminary results, we found that
Yancheng Hi–King, China Kingdom,
and Weishan Zhenyu had met the
criteria for the application of a separate
antidumping duty rate. See Preliminary
Results. Also in the Preliminary Results,
as Yancheng Yaou withdrew from
verification, and filed a letter stating
that it would no longer participate in
the current administrative review, the
Department determined that Yancheng
Yaou had not established its eligibility
for a separate rate. Id. We have not
received any information since the
Preliminary Results with respect to
Yancheng Hi–King, Yancheng Yaou,
China Kingdom and Weishan Zhenyu
which would warrant reconsideration of
our separate–rates determinations with
respect to these companies.
Analysis of Comments Received
All issues raised in the briefs are
addressed in the ‘‘Issues and Decision
Memorandum for the Final Results in
the 2003/2004 Administrative Review of
Freshwater Crawfish Tail Meat from the
People’s Republic of China from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to
David Spooner, Assistant Secretary for
Import Administration,’’ dated
February 6, 2006 (‘‘Issues and
Decision Memorandum’’), which is
hereby adopted by this notice. A list of
the issues raised, all of which are in the
Issues and Decision Memorandum, is
attached to this notice as Appendix I.
Parties can find a complete discussion
of all issues raised in the briefs and the
corresponding recommendations in this
public memorandum on file in the
Central Records Unit (‘‘CRU’’), room B–
099 of the Herbert H. Hoover Building.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made
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]]>Agencies
[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7012-7013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1890]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat from the People's Republic of
China: Notice of Court Decision Not In Harmony with Final Results of
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 29, 2005, the United States Court of International
Trade (``Court'') sustained the final remand determination made by the
Department of Commerce (``the Department'') pursuant to the Court's
remand of the final results of the administrative review of freshwater
crawfish tail meat from the People's Republic of China. See Crawfish
Processors Alliance v. United States, Consol. Ct. No. 02-00376, Slip
Op. 05-166 (Ct. Int'l Trade December 29, 2005) (``CPA Remand III'').
This case arises out of the Departments's Notice of Final Results of
Antidumping Duty Administrative Review, and Final Partial Rescission of
Antidumping Duty Administrative Review 67 FR 19546 (April 22, 2002)
(``Final Results''). The final judgment in this case was not in harmony
with the Department's April 2002 Final Results.
EFFECTIVE DATE: February 10, 2006.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Christopher D.
Riker, 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) 482-1386 or (202) 482-3441, respectively.
SUPPLEMENTARY INFORMATION: In Crawfish Processors Alliance v. United
States, 395 F. Supp. 2d 1330 (CIT 2005), the Court remanded the
Department's determination in the final results to collapse Jiangsu
Hilong International Trade Co., Ltd. (``Jiangsu'') and Ningbo Nanlian
Frozen Foods Company, Ltd. (``Nanlian'') with instructions to either:
(1) (a) Explain with specificity how the interactions between Jiangsu
and Ningbo indicate that one company has control over the other or
both, especially how the invoices from Jiangsu to Hontex Enterprises,
Inc., d/b/a Louisiana Packing Company created a business relationship
with Nanlian during the September 1, 1999, to August 31, 2000, period
of review (``99/00 POR''), and (b) explain with specificity how Mr.
Wei's contacts with Jiangsu and Nanlian demonstrate control of either
company on behalf of the other or control over both; and (2) if the
Department is unable to provide substantial evidence supporting its
collapsing decision, then it is to treat Jiangsu and Nanlian as
unaffiliated entities and assign separate company specific antidumping
duty margins using verified information on the record.
On November 25, 2005, the Department issued the draft results of
redetermination pursuant to remand (``draft results'') for comment by
interested parties. No party filed comments in response to the
Department's draft results of redetermination pursuant to remand. On
December 9, 2005, the Department issued its final results of
redetermination pursuant to remand to the Court. The remand
redetermination explained that without the presumption of affiliation
between Jiangsu and Nanlian from the prior administrative reviews, the
invoices and Mr. Wei's contacts between the two companies were
insufficient to sustain the determination to collapse the two
companies. Therefore, the Department stated that it would treat Jiangsu
and Nanlian as unaffiliated entities. Accordingly, Nanlian's
antidumping duty margin for the 99/00 POR is 62.51 percent. The
Department did not initiate a review of Jiangsu during the period of
review. Thus, the Department did not determine an antidumping duty
margin for Jiangsu for the 99/00 POR.
On December 29, 2005, the Court found that the Department complied
with the Court's remand order and sustained the Department's remand
redetermination. See CPA Remand III.
Timken Notice
In its decision in Timken Co., v. United States, 893 F.2d 337, 341
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for
the Federal Circuit 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 Court's decision in CPA
Remand III on December 29, 2005, constitutes a final decision of that
court that is not in harmony with the Department's final
[[Page 7013]]
results in the 99/00 administrative review of freshwater crawfish tail
meat. 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, upon a final and
conclusive court decision.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: February 3, 2006.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-1890 Filed 2-9-06; 8:45 am]
BILLING CODE 3510-DS-S
