Freshwater Crawfish Tail Meat from the People's Republic of China: Notice of Amended Final Results and Amended Order Pursuant to Final Court Decision, 64926-64927 [E6-18686]

Download as PDF 64926 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices results of reviews for which the reviewed companies did not know that the merchandise it sold to the Ivaco ......................... 2.75 intermediary (e.g., a reseller, trading company, or exporter) was destined for In accordance with 19 CFR 351.224(b), the Department will disclose the United States. In such instances, we calculations performed within 5 days of will instruct CBP to liquidate unreviewed entries at the all–others rate publication of this notice. Interested if there is no rate for the intermediary parties may submit case briefs and/or written comments no later than 30 days involved in the transaction. See Assessment Policy Notice for a full after the date of publication of these discussion of this clarification. preliminary results. See 19 CFR 351.309(c)(ii). Rebuttal briefs and Cash Deposit Requirements rebuttals to written comments, limited to issues raised in such briefs or The following deposit rates will be comments, may be filed no later than effective upon publication of the final five days after submission of case briefs. results of this administrative review for See 19 CFR 351.309(d). Parties who all shipments of steel wire rod from submit arguments are requested to Canada entered, or withdrawn from submit with the argument (1) a warehouse, for consumption on or after statement of the issue, (2) a brief the publication date, as provided by summary of the argument, and (3) a section 751(a)(1) of the Act: (1) the cash table of authorities. Further, the parties deposit rates for Ivaco will be the rates submitting written comments should established in the final results of this provide the Department with an review, except if a rate is less than 0.5 additional copy of the public version of percent, and therefore de minimis, the any such comments on diskette. An cash deposit will be zero; (2) for interested party may request a hearing previously reviewed or investigated within 30 days of publication of these companies not listed above, the cash preliminary results. See 19 CFR deposit rate will continue to be the 351.310(c). Any hearing, if requested, company–specific rate published for the will be held 44 days after the date of most recent period; (3) if the exporter is publication, or the first working day not a firm covered in this review, a prior thereafter. The Department will issue review, or the less–than-fair–value the final results of this administrative (‘‘LTFV’’) investigation, but the review, which will include the results of manufacturer is, the cash deposit rate its analysis of issues raised in any such will be the rate established for the most comments, within 120 days of publication of these preliminary results. recent period for the manufacturer of the merchandise; and (4) if neither the Assessment exporter nor the manufacturer is a firm covered in this or any previous review Upon completion of this conducted by the Department, the cash administrative review, pursuant to 19 deposit rate will be 8.11 percent, the CFR 351.212(b), the Department will ‘‘All Others’’ rate established in the calculate an assessment rate on all LTFV investigation. These cash deposit appropriate entries. We will calculate importer–specific duty assessment rates requirements, when imposed, shall remain in effect until publication of the on the basis of the ratio of the total final results of the next administrative amount of antidumping duties calculated for the examined sales to the review. total volume of the examined sales for This notice serves as a preliminary that importer. Where the assessment reminder to importers of their rate is above de minimis, pursuant to 19 responsibility under 19 CFR 351.402(f) CFR 356.8(a), the Department intends to to file a certificate regarding the issue appropriate assessment reimbursement of antidumping duties instructions directly to CBP on or after prior to liquidation of the relevant 41 days following the publication of the entities during this review period. final results of review. Failure to comply with this requirement The Department clarified its could result in the Secretary’s ‘‘automatic assessment’’ regulation on presumption that reimbursement of May 6, 2003. See Antidumping and antidumping duties occurred and the Countervailing Duty Proceedings: subsequent assessment of double Assessment of Antidumping Duties, 68 antidumping duties. FR 23954 (May 6, 2003) (‘‘Assessment These preliminary results are issued Policy Notice’’). This clarification will and published in accordance with apply to entries of subject merchandise during the period of review produced by sections 751(a)(1) and 777(i)(1) f the companies included in these final Act. rwilkins on PROD1PC63 with NOTICES Producer VerDate Aug<31>2005 Weighted–Average Margin (Percentage) 17:31 Nov 03, 2006 Jkt 211001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Dated: October 31, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–18664 Filed 11–3–06; 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 Amended Final Results and Amended Order Pursuant to Final Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 3, 2006, the Court of International Trade (‘‘CIT’’) affirmed the Department’s remand determination and entered judgment in Hontex Enterprises Inc., d/b/a Louisiana Packing Co. v. United States, Ct. No. 02–00223, Slip Op. 06–42 (Ct. Int’l Trade April 3, 2006) (‘‘Hontex Judgment’’), which challenged certain aspects of the Department of Commerce’s (‘‘the Department’’) Freshwater Crawfish Tail Meat from the People’s Republic of China: Final Results of Administrative Antidumping Duty and New Shipper Reviews, and Final Rescission of New Shipper Review, 65 FR 20948 (April 19, 2000) (‘‘Final Results’’) and accompanying Issues and Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Freshwater Crawfish Tail Meat from the People’s Republic of China From Edward C. Yang to Joseph A. Spetrini (‘‘Decision Memo’’), dated April 19, 2000. As explained below, in accordance with the order contained in the CIT’s April 3, 2006, Hontex Judgment, the Department is amending the Final Results to treat Huaiyin Foreign Trade Corporation (5) (‘‘HFTC5’’) and Ningbo Nanlian Frozen Foods Company, Ltd. (‘‘Ningbo Nanlian’’) as unaffiliated, non–collapsed entities. EFFECTIVE DATE: November 6, 2006. FOR FURTHER INFORMATION CONTACT: Scot T. Fullerton or Christopher D. Riker, AD/CVD Operations, Office 9, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room 4003, Washington, DC 20230; telephone: (202) 482–1386 or (202) 482–3441, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 19, 2000, the Department completed its Final Results, in which it E:\FR\FM\06NON1.SGM 06NON1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices collapsed Ningbo Nanlian and HFTC5 in the 1997–1998 administrative review. See Final Results, and accompanying Decision Memo at Comment 20. On February 13, 2003, and on May 21, 2004, the CIT issued orders remanding the case to the Department and ordering the Department to further explain why its findings warranted the collapsing of HFTC5 and Ningbo Nanlian. See Hontex Enterprises, Inc., d/b/a/ Louisiana Packing Co. v. United States, 248 F. Supp. 2d 1323 (CIT 2003), and Hontex Enterprises Inc. d/b/a Louisiana Packing Company v. United States of America, 342 F. Supp. 2d 1225 (CIT 2004). The Department submitted its remand redeterminations on August 12, 2003, and October 18, 2004 (‘‘Remand Results II’’), respectively. On August 31, 2005, the CIT issued its ruling on the Department’s Remand Results II, again remanding the case to the Department. See Hontex Enterprises, Inc., d/b/a/ Louisiana Packing Co., v. United States, Slip Op. 05–116, Court No. 00–00223 (Ct. Int’l Trade August 31, 2005). Specifically, the CIT remanded the case for the Department to: (1) (a) find that Mr. Edward Lee, the owner of Louisiana Packing Co. (Louisiana Packing), an importer of crawfish tail meat from the People’s Republic of China (PRC) and one of the joint venture owners of Ningbo Nanlian Frozen Foods Company, Ltd. (Ningbo Nanlian), did not control another respondent, Huaiyin Foreign Trade Corporation (5) (HFTC5), within the meaning of 19 U.S.C. § 1677(33)(F) and (G), and (b) find that HFTC5 and Ningbo Nanlian were not affiliated, and (c) find that HFTC5 and Ningbo Nanlian should not be collapsed and given a single antidumping margin, and (d) find that Ningbo Nanlian is entitled to a separate company–specific antidumping margin and calculate that margin using the verified information on the record; or (2) (a) reopen the record in order to gather additional evidence of Mr. Lee’s control relationship with HFTC5 during the period of review, (b) place such additional information on the record, and (c) conduct an analysis that takes into account any such new evidence, including the temporal aspect of any such new evidence. See CPA Remand II. The Department submitted the Final Results of Remand to the CIT on December 9, 2005. In its Final Results of Remand, in accordance with the CIT’s August 31, 2005, order, the Department found (1) that Mr. Lee did not control HFTC5 within the meaning of 19 U.S.C. § 1677(33)(F) and (G), (2) that HFTC5 and Ningbo Nanlian were not affiliated, (3) that HFTC5 and Ningbo Nanlian should not be collapsed and given a VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 single antidumping margin, and (4) that Ningbo Nanlian is entitled to a separate company–specific antidumping margin. On April 3, 2006, the CIT sustained the final remand determination made by the Department. See Hontex Judgment. The Department filed its appeal with the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) on May 31, 2006. The CAFC granted the Department’s motion to dismiss the appeal and dismissed the case on September 21, 2006. 64927 DEPARTMENT OF COMMERCE International Trade Administration A–588–837 Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Preliminary Results of Reconsideration of Sunset Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 13, 2006, the Amendment to the Final Determination Department of Commerce (‘‘the Department’’) published the notice of Because there is now a final and conclusive court decision, effective as of initiation of the reconsideration of the sunset review of the antidumping duty the publication date of this notice, we order on large newspaper printing are amending the 97/98 Final Results presses and components thereof, and revising the weighted–average whether assembled or unassembled dumping margins for both companies, (LNPP), from Japan. On the basis of the for purposes of the 97/98 period of notice of intent to participate, as well as review: adequate substantive responses and rebuttal comments filed on behalf of the Weighted–Average Manufacturer/Exporter domestic and respondent interested Margin (Percent) parties, the Department is conducting a full sunset review of the antidumping Ningbo Nanlian Frozen Foods Company, Ltd. 2.16 duty order, following the requirements Huaiyin Foreign Trade of section 751(c) of the Tariff Act of Corporation (5) .......... 201.63 1930, as amended (‘‘the Act’’) and 19 CFR 351.218(e)(2)(i). As a result of this We have calculated Ningbo Nanlian’s reconsideration of the sunset review, the Department preliminarily finds that company–specific antidumping margin revocation of the order on LNPP from as 2.16 percent. See the Memorandum Japan after the original sunset review to the File from Maureen A. Flannery, period of 1996–2001 would have likely ‘‘Analysis for the Draft Results of led to the continuation or recurrence of Determination Pursuant to Court dumping at the levels listed below in Remand for Freshwater Crawfish Tail the section entitled ‘‘Preliminary Meat from the People’s Republic of Results of Review.’’ China: Ningbo Nanlian Frozen Foods EFFECTIVE DATE: November 6, 2006. Co., Ltd.,’’ dated November 22, 2005. FOR FURTHER INFORMATION CONTACT: There have been no changes to this analysis for these amended final results. David Goldberger, Kate Johnson, or Brandon Farlander, AD/CVD Additionally, we are determining Operations, Import Administration, HFTC5’s margin based on its own International Trade Administration, performance in the administrative U.S. Department of Commerce, 14th review. Therefore, HFTC5’s Street & Constitution Avenue, NW, antidumping duty margin will remain Washington, DC, 20230; telephone: 202– 201.63 percent. The Department will 482–4136, 202–482–4929, or 202–482– issue appropriate assessment 0182, respectively. instructions directly to U.S. Customs and Border Protection within 15 days of SUPPLEMENTARY INFORMATION: publication of the final results of this Background review. On February 25, 2002, the Department This notice is issued and published in revoked the antidumping duty order on accordance with sections 751(a)(1) and LNPP from Japan under a five-year 777(i)(1) of the Tariff Act of 1930, as sunset review pursuant to section 751(c)(3)(A) of the Act, because the only amended. domestic interested party in the sunset Dated: October 30, 2006. review, Goss Graphics Corporation (now David M. Spooner, known as Goss International Assistant Secretary for Import Corporation (‘‘Goss’’)), withdrew its Administration. participation, and, thus, its interest in [FR Doc. E6–18686 Filed 11–3–06; 8:45 am] the review. See Large Newspaper BILLING CODE 3510–DS–S Printing Presses and Components PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 71, Number 214 (Monday, November 6, 2006)]
[Notices]
[Pages 64926-64927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18686]


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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 and Amended Order Pursuant to 
Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 3, 2006, the Court of International Trade (``CIT'') 
affirmed the Department's remand determination and entered judgment in 
Hontex Enterprises Inc., d/b/a Louisiana Packing Co. v. United States, 
Ct. No. 02-00223, Slip Op. 06-42 (Ct. Int'l Trade April 3, 2006) 
(``Hontex Judgment''), which challenged certain aspects of the 
Department of Commerce's (``the Department'') Freshwater Crawfish Tail 
Meat from the People's Republic of China: Final Results of 
Administrative Antidumping Duty and New Shipper Reviews, and Final 
Rescission of New Shipper Review, 65 FR 20948 (April 19, 2000) (``Final 
Results'') and accompanying Issues and Decision Memorandum for the 
Administrative Review of the Antidumping Duty Order on Freshwater 
Crawfish Tail Meat from the People's Republic of China From Edward C. 
Yang to Joseph A. Spetrini (``Decision Memo''), dated April 19, 2000. 
As explained below, in accordance with the order contained in the CIT's 
April 3, 2006, Hontex Judgment, the Department is amending the Final 
Results to treat Huaiyin Foreign Trade Corporation (5) (``HFTC5'') and 
Ningbo Nanlian Frozen Foods Company, Ltd. (``Ningbo Nanlian'') as 
unaffiliated, non-collapsed entities.

EFFECTIVE DATE: November 6, 2006.

FOR FURTHER INFORMATION CONTACT: Scot T. Fullerton or Christopher D. 
Riker, AD/CVD Operations, Office 9, Import Administration, U.S. 
Department of Commerce, 14\th\ Street and Constitution Avenue, NW., 
Room 4003, Washington, DC 20230; telephone: (202) 482-1386 or (202) 
482-3441, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2000, the Department completed its Final Results, in 
which it

[[Page 64927]]

collapsed Ningbo Nanlian and HFTC5 in the 1997-1998 administrative 
review. See Final Results, and accompanying Decision Memo at Comment 
20. On February 13, 2003, and on May 21, 2004, the CIT issued orders 
remanding the case to the Department and ordering the Department to 
further explain why its findings warranted the collapsing of HFTC5 and 
Ningbo Nanlian. See Hontex Enterprises, Inc., d/b/a/ Louisiana Packing 
Co. v. United States, 248 F. Supp. 2d 1323 (CIT 2003), and Hontex 
Enterprises Inc. d/b/a Louisiana Packing Company v. United States of 
America, 342 F. Supp. 2d 1225 (CIT 2004). The Department submitted its 
remand redeterminations on August 12, 2003, and October 18, 2004 
(``Remand Results II''), respectively.
    On August 31, 2005, the CIT issued its ruling on the Department's 
Remand Results II, again remanding the case to the Department. See 
Hontex Enterprises, Inc., d/b/a/ Louisiana Packing Co., v. United 
States, Slip Op. 05-116, Court No. 00-00223 (Ct. Int'l Trade August 31, 
2005). Specifically, the CIT remanded the case for the Department to: 
(1) (a) find that Mr. Edward Lee, the owner of Louisiana Packing Co. 
(Louisiana Packing), an importer of crawfish tail meat from the 
People's Republic of China (PRC) and one of the joint venture owners of 
Ningbo Nanlian Frozen Foods Company, Ltd. (Ningbo Nanlian), did not 
control another respondent, Huaiyin Foreign Trade Corporation (5) 
(HFTC5), within the meaning of 19 U.S.C. Sec.  1677(33)(F) and (G), and 
(b) find that HFTC5 and Ningbo Nanlian were not affiliated, and (c) 
find that HFTC5 and Ningbo Nanlian should not be collapsed and given a 
single antidumping margin, and (d) find that Ningbo Nanlian is entitled 
to a separate company-specific antidumping margin and calculate that 
margin using the verified information on the record; or (2) (a) reopen 
the record in order to gather additional evidence of Mr. Lee's control 
relationship with HFTC5 during the period of review, (b) place such 
additional information on the record, and (c) conduct an analysis that 
takes into account any such new evidence, including the temporal aspect 
of any such new evidence. See CPA Remand II.
    The Department submitted the Final Results of Remand to the CIT on 
December 9, 2005. In its Final Results of Remand, in accordance with 
the CIT's August 31, 2005, order, the Department found (1) that Mr. Lee 
did not control HFTC5 within the meaning of 19 U.S.C. Sec.  1677(33)(F) 
and (G), (2) that HFTC5 and Ningbo Nanlian were not affiliated, (3) 
that HFTC5 and Ningbo Nanlian should not be collapsed and given a 
single antidumping margin, and (4) that Ningbo Nanlian is entitled to a 
separate company-specific antidumping margin.
    On April 3, 2006, the CIT sustained the final remand determination 
made by the Department. See Hontex Judgment. The Department filed its 
appeal with the United States Court of Appeals for the Federal Circuit 
(``CAFC'') on May 31, 2006. The CAFC granted the Department's motion to 
dismiss the appeal and dismissed the case on September 21, 2006.

Amendment to the Final Determination

    Because there is now a final and conclusive court decision, 
effective as of the publication date of this notice, we are amending 
the 97/98 Final Results and revising the weighted-average dumping 
margins for both companies, for purposes of the 97/98 period of review:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Ningbo Nanlian Frozen Foods Company, Ltd............                2.16
Huaiyin Foreign Trade Corporation (5)...............              201.63
------------------------------------------------------------------------

    We have calculated Ningbo Nanlian's company-specific antidumping 
margin as 2.16 percent. See the Memorandum to the File from Maureen A. 
Flannery, ``Analysis for the Draft Results of Determination Pursuant to 
Court Remand for Freshwater Crawfish Tail Meat from the People's 
Republic of China: Ningbo Nanlian Frozen Foods Co., Ltd.,'' dated 
November 22, 2005. There have been no changes to this analysis for 
these amended final results. Additionally, we are determining HFTC5's 
margin based on its own performance in the administrative review. 
Therefore, HFTC5's antidumping duty margin will remain 201.63 percent. 
The Department will issue appropriate assessment instructions directly 
to U.S. Customs and Border Protection within 15 days of publication of 
the final results of this review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: October 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-18686 Filed 11-3-06; 8:45 am]
BILLING CODE 3510-DS-S