Certain Preserved Mushrooms from India: Notice of Amended Final Results Pursuant to Final Court Decision, 11869 [E8-4239]

Download as PDF Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices January 24, 2008, the CIT entered final judgment and ordered the Department to annul all duty absorption findings with respect to Agro Dutch Industries, Ltd. (Agro Dutch). As there is now a Sinochem Jiangsu Wuxi Import & Export Corporation (Wuxi) 32.22 final and conclusive court decision in this case, the Department is amending Shanghai Ai Jian Import & Exthe final results of the 2002–2003 port Corporation (Shanghai AJ) ......................................... 34.41 administrative review of certain Guangdong Petroleum Chempreserved mushrooms from India. ical Import and Export Trade EFFECTIVE DATE: March 5, 2008. (Guangdong Petroleum) ....... 34.97 PRC-wide .................................. 119.02 FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson, AD/CVD Operations, Office 2, Import This notice also serves as the only Administration, International Trade reminder to parties subject to Administration, U.S. Department of administrative protective orders Commerce, 14th Street and Constitution (‘‘APO’’) of their responsibility Avenue, NW, Washington, DC, 20230; concerning the return or destruction of proprietary information disclosed under telephone (202) 482–4136 or (202) 482– APO in accordance with section 351.305 4929, respectively. of the Department’s regulations. Timely SUPPLEMENTARY INFORMATION: notification of the return or destruction Background of APO materials or conversion to On August 20, 2004, the Department judicial protective order is hereby published its final results of requested. Failure to comply with the administrative review, covering the regulations and terms of an APO is a period of review from February 1, 2002, violation which is subject to sanction. through January 31, 2003. See Certain We are issuing and publishing the Preserved Mushrooms From India: Final results and notice in accordance with Results of Antidumping Duty sections 751(c), 752(c), and 777(i)(1) of Administrative Review, 69 FR 51630, the Act. 51631 (August 20, 2004) (Final Results), Dated: February 28, 2008. and accompanying Issues and Decision Stephen J. Claeys, Memorandum at Comment 5. In the Acting Assistant Secretary for Import Final Results, the Department Administration. determined that antidumping duties had [FR Doc. E8–4243 Filed 3–4–08; 8:45 am] been absorbed by the respondents in the BILLING CODE 3510–DS–P review, including Agro Dutch, on those sales for which the respondent was the importer of record, in accordance with DEPARTMENT OF COMMERCE section 751(a)(4) of the Act. In October 2004, Agro Dutch contested the International Trade Administration Department=s duty absorption finding, [A–533–813] along with several other findings made in the Final Results, before the CIT. The Certain Preserved Mushrooms from CIT issued its decision, affirming the India: Notice of Amended Final Results Department’s finding of duty Pursuant to Final Court Decision absorption, in March 2006. See Agro AGENCY: Import Administration, Dutch Industries., Ltd. v. United States, International Trade Administration, Slip Op. 2006–40 (CIT March 28, 2006). Agro Dutch appealed that decision to Department of Commerce. SUMMARY: On November 20, 2007, the the CAFC. On November 20, 2007, the Court of Appeals for the Federal Circuit CAFC reversed the CIT’s decision on the (CAFC) reversed the decision of the duty absorption issue. The CAFC held Court of International Trade (CIT) which that the Department was not empowered upheld the Department of Commerce’s to conduct a duty absorption inquiry (the Department) determination in the under section 751(a)(4) of the Act with 2002–2003 administrative review of respect to the sales made by Agro Dutch certain preserved mushrooms from on which it acted as the importer of India to conduct a duty absorption record because such sales were not inquiry under section 751(a)(4) of the made by Agro Dutch through an Tariff Act of 1930, as amended (the Act), importer with whom it is affiliated. The when the producer/exporter acts as its CAFC held that because the term own importer of record. See Agro Dutch ‘‘affiliated’’ is defined in the statute, the Industries Ltd. v. United States, Slip Op. reference in section 751(a)(4) of the Act 2007–1011 (Fed. Cir. November 20, that subject merchandise be sold 2007) (CAFC Decision). Pursuant to the ‘‘through an importer who is affiliated’’ CAFC’s decision and mandate, on with the producer/exporter is jlentini on PROD1PC65 with NOTICES Manufacturers/exporters/producers VerDate Aug<31>2005 18:03 Mar 04, 2008 Weightedaverage margin (percent) Jkt 214001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 11869 unambiguous -- i.e., the statutory definition of ‘‘affiliated persons’’ requires the presence of two or more entities and, therefore, Agro Dutch cannot be ‘‘affiliated’’ with itself. Pursuant to the CAFC’s decision and mandate, on January 24, 2008, the CIT entered final judgment and ordered the Department to annul all duty absorption findings and conclusions with respect to Agro Dutch in the Final Results. Because there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2002–2003 administrative review. Amended Final Results of Review We are amending the final results of the 2002–2003 administrative review on the antidumping duty order on certain preserved mushrooms from India to annul our duty absorption finding and conclusion with respect to Agro Dutch. Specifically, we annul our finding that Agro Dutch absorbed antidumping duties during the period of review on those sales for which it was the importer of record. This amendment does not affect the weighted–average margin calculated for Agro Dutch for the period of review. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries for this review. We intend to issue the assessment instructions to CBP 15 days after the date of publication of these amended final results of review. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 28, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–4239 Filed 3–4–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–449–804] Steel Concrete Reinforcing Bars from Latvia: Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 5, 2008 FOR FURTHER INFORMATION CONTACT: David Layton at (202) 482–0371; AD/ AGENCY: E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Page 11869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4239]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms from India: Notice of Amended Final 
Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 20, 2007, the Court of Appeals for the Federal 
Circuit (CAFC) reversed the decision of the Court of International 
Trade (CIT) which upheld the Department of Commerce's (the Department) 
determination in the 2002-2003 administrative review of certain 
preserved mushrooms from India to conduct a duty absorption inquiry 
under section 751(a)(4) of the Tariff Act of 1930, as amended (the 
Act), when the producer/exporter acts as its own importer of record. 
See Agro Dutch Industries Ltd. v. United States, Slip Op. 2007-1011 
(Fed. Cir. November 20, 2007) (CAFC Decision). Pursuant to the CAFC's 
decision and mandate, on January 24, 2008, the CIT entered final 
judgment and ordered the Department to annul all duty absorption 
findings with respect to Agro Dutch Industries, Ltd. (Agro Dutch). As 
there is now a final and conclusive court decision in this case, the 
Department is amending the final results of the 2002-2003 
administrative review of certain preserved mushrooms from India.

EFFECTIVE DATE: March 5, 2008.

FOR FURTHER INFORMATION CONTACT:  David Goldberger or Katherine 
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) 482-4136 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 20, 2004, the Department published its final results of 
administrative review, covering the period of review from February 1, 
2002, through January 31, 2003. See Certain Preserved Mushrooms From 
India: Final Results of Antidumping Duty Administrative Review, 69 FR 
51630, 51631 (August 20, 2004) (Final Results), and accompanying Issues 
and Decision Memorandum at Comment 5. In the Final Results, the 
Department determined that antidumping duties had been absorbed by the 
respondents in the review, including Agro Dutch, on those sales for 
which the respondent was the importer of record, in accordance with 
section 751(a)(4) of the Act. In October 2004, Agro Dutch contested the 
Department=s duty absorption finding, along with several other findings 
made in the Final Results, before the CIT. The CIT issued its decision, 
affirming the Department's finding of duty absorption, in March 2006. 
See Agro Dutch Industries., Ltd. v. United States, Slip Op. 2006-40 
(CIT March 28, 2006).
    Agro Dutch appealed that decision to the CAFC. On November 20, 
2007, the CAFC reversed the CIT's decision on the duty absorption 
issue. The CAFC held that the Department was not empowered to conduct a 
duty absorption inquiry under section 751(a)(4) of the Act with respect 
to the sales made by Agro Dutch on which it acted as the importer of 
record because such sales were not made by Agro Dutch through an 
importer with whom it is affiliated. The CAFC held that because the 
term ``affiliated'' is defined in the statute, the reference in section 
751(a)(4) of the Act that subject merchandise be sold ``through an 
importer who is affiliated'' with the producer/exporter is unambiguous 
-- i.e., the statutory definition of ``affiliated persons'' requires 
the presence of two or more entities and, therefore, Agro Dutch cannot 
be ``affiliated'' with itself. Pursuant to the CAFC's decision and 
mandate, on January 24, 2008, the CIT entered final judgment and 
ordered the Department to annul all duty absorption findings and 
conclusions with respect to Agro Dutch in the Final Results.
    Because there is now a final and conclusive court decision in this 
case, the Department is amending the final results of the 2002-2003 
administrative review.

Amended Final Results of Review

    We are amending the final results of the 2002-2003 administrative 
review on the antidumping duty order on certain preserved mushrooms 
from India to annul our duty absorption finding and conclusion with 
respect to Agro Dutch. Specifically, we annul our finding that Agro 
Dutch absorbed antidumping duties during the period of review on those 
sales for which it was the importer of record. This amendment does not 
affect the weighted-average margin calculated for Agro Dutch for the 
period of review.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries for this 
review. We intend to issue the assessment instructions to CBP 15 days 
after the date of publication of these amended final results of review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: February 28, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-4239 Filed 3-4-08; 8:45 am]
BILLING CODE 3510-DS-S

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