Crawfish Tail Meat from the People's Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 61782-61783 [E8-24745]

Download as PDF 61782 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1578] Grant of Authority for Subzone Status; Euromarket Designs, Inc. d/b/a Crate & Barrel; (Home Furnishings); Naperville, IL sroberts on PROD1PC70 with NOTICES Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones Act provides for ‘‘* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the Foreign-Trade Zones Board to grant qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in significant public benefit and is in the public interest; Whereas, the Illinois International Port District, grantee of Foreign-Trade Zone 22, has made application to the Board for authority to establish a special-purpose subzone at the home furnishings distribution and processing facilities of Euromarket Designs, Inc. d/b/a Crate & Barrel, located in Naperville, Illinois (FTZ Docket 1–2008, filed 1/8/08); Whereas, notice inviting public comment was given in the Federal Register (73 FR 2442, 1/15/08); and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds the requirements of the FTZ Act and the Board’s regulations are satisfied, and that approval of the application would be in the public interest; Now, therefore, the Board hereby grants authority for subzone status for activity related to home furnishings distribution and processing at the facilities of Euromarket Designs, Inc. d/b/a Crate & Barrel, located in Naperville, Illinois (Subzone 22R), as described in the application and Federal Register notice, and subject to the FTZ Act and the Board’s regulations, including section 400.28. VerDate Aug<31>2005 20:34 Oct 16, 2008 Jkt 217001 Signed at Washington, DC, this 7th day of October 2008. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. E8–24751 Filed 10–16–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign–Trade Zones Board Order No. 1580 Voluntary Relinquishment of The Grant of Authority; Foreign–Trade Zone 48; Tuscon, AZ Pursuant to its authority under the Foreign–Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign– Trade Zones Board (the Board) adopts the following Order: WHEREAS, on March 28, 1979, the Board issued a grant of authority to the Papago–Tucson Development Authority (PTDA), authorizing the establishment of Foreign–Trade Zone 48 at the San Xavier Industrial Park in Tucson, Arizona (Board Order 145); WHEREAS, the San Xavier Development Authority, which has since merged with the PTDA has made a request (FTZ Docket 3–2008, 1–18–08) to the FTZ Board for voluntary relinquishment of the grant of authority for FTZ 48, and; WHEREAS, the FTZ Board, noting the concurrence of U.S. Customs and Border Protection, adopts the findings of the FTZ staff report and concludes that approval of the request is in the public interest; NOW, THEREFORE, the Foreign– Trade Zones Board terminates the FTZ status of Foreign–Trade Zone No. 48, effective this date. Signed at Washington, DC, this 7th day of October 2008. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman Foreign– Trade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. [FR Doc. E8–24748 Filed 10–16–08; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration (A–570–848) Crawfish Tail Meat from the People’s Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 12, 2008, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (the Department) results of redetermination pursuant to the CIT’s remand in China Kingdom Import & Export Co., Ltd.; Yancheng Yaou Seafood Co., Ltd.; and Qingdao Zhengri Seafood Co., Ltd. v. United States, Consol. Ct. No. 03–00302, Slip Op. 08– 96 (CIT September 12, 2008) (China Kingdom v. United States II). See Results of Redetermination Pursuant to Remand, dated March 3, 2008 (available at http://ia.ita.doc.gov/remands). 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), the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s final results of the administrative review of the antidumping duty order on certain crawfish tail meat from the People’s Republic of China (PRC) covering the period of review (POR) of September 1, 2000, through August 31, 2001. See Freshwater Crawfish Tail Meat from the People’s Republic of China; Notice of Final Results of Antidumping Duty Administrative Review, 68 FR 19504 (April 21, 2003) (Final Results). EFFECTIVE DATE: September 22, 2008. FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone (202) 482–0780. AGENCY: SUPPLEMENTARY INFORMATION: Background On April 21, 2003, the Department issued its final results in the antidumping duty administrative review of crawfish tail meat from the PRC covering the POR of September 1, 2000, through August 31, 2001. See Final Results. In the Final Results, the Department found that the use of facts otherwise available, with adverse E:\FR\FM\17OCN1.SGM 17OCN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices inferences, was warranted because the evidence gathered at verification established that China Kingdom Import & Export Co. Ltd. (China Kingdom) failed to report its total tail meat production for the POR and eight of its eleven factors of production for the POR. Id. In applying total adverse facts available, the Department chose to assign to China Kingdom the highest calculated rate from any segment of the proceeding as the Department found that China Kingdom failed to cooperate to the best of its ability. Id. Therefore, China Kingdom was assigned a rate of 223.01 percent the highest rate calculated in any previous segment of this proceeding. Id. In China Kingdom Import & Export Co., Ltd. v. United States, Consol. Ct. No. 03–00302, Slip Op. 07–135 (CIT September 4, 2007) (China Kingdom vs. United States I), the CIT remanded the Final Results, holding that the Department’s application of the ‘‘facts otherwise available’’ and ‘‘adverse inference’’ provisions was not supported by substantial record evidence and was otherwise not in accordance with law. The CIT directed the Department to calculate and assign China Kingdom a new antidumping duty assessment rate using facts available and adverse facts available only to a limited extent. On March 3, 2008, the Department issued its final results of redetermination pursuant to China Kingdom vs. United States I. See Results of Redetermination on Remand Pursuant to China Kingdom Import & Export Co. Ltd. v. United States (March 3, 2008). The remand redetermination explained that, in accordance with the CIT’s instructions, the Department recalculated the assessment rate for China Kingdom using a rate other than the PRC–wide rate as total adverse facts available. Specifically, the Department calculated a dumping margin for China Kingdom, utilizing the factor for each of the eight erroneously reported factor values (choosing between China Kingdom’s February 27, 2002, and November 16, 2007, responses) that is adverse to China Kingdom. The Department also utilized in its calculations the three factors that China Kingdom correctly reported. The Department then compared U.S. sales price to normal value, and calculated a dumping margin for China Kingdom utilizing information on the record. The Department’s redetermination resulted in a change in the Final Results weighted–average margin for China Kingdom from 223.01 percent to 90.66 percent. VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 Timken Notice In its decision in Timken, 893 F.2d at 341, 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 decision in China Kingdom v. United States II on September 12, 2008, 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. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise during the POR from China Kingdom based on the revised assessment rates calculated by the Department. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: October 8, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–24745 Filed 10–16–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [Application No. 08–00008] Export Trade Certificate of Review Notice of Withdrawal of an Application for an Export Trade Certificate of Review Submitted by the American Sugar Export Company LLC. ACTION: SUMMARY: On June 12, 2008, Export Trading Company Affairs published a notice in the Federal Register (73 FR 3394) of an application for an Export Trade Certificate of Review submitted by the American Sugar Export Company LLC (ASEC). On October 8, 2008, ASEC withdrew its application. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 61783 (202) 482–5131 (this is not a toll-free number) or e-mail at oetca@ita.doc.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. Under the regulations implementing Title III, an applicant may withdraw an application by written request at any time before the Secretary has determined whether to issue a certificate. 15 CFR 325.3(f). Dated: October 14, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8–24760 Filed 10–16–08; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 070413090–8543–02] Announcing Approval of Federal Information Processing Standard (FIPS) Publication 180–3, Secure Hash Standard, a Revision of FIPS 180–2, Secure Hash Standard National Institute of Standards and Technology (NIST), Commerce Department. ACTION: Notice. AGENCY: SUMMARY: This notice announces the Secretary of Commerce’s approval of Federal Information Processing Standard (FIPS) Publication 180–3, Secure Hash Standard, a revision of FIPS 180–2, Secure Hash Standard. The FIPS specifies five secure hash algorithms for use in computing a condensed representation of electronic data, or a message digest. Secure hash algorithms are used with other cryptographic algorithms, such as digital signature algorithms and keyed hash message authentication codes. The revised FIPS incorporates the four hash algorithms that had been specified in FIPS 180–2, and includes an additional algorithm that had been specified in Change Notice 1 to FIPS 180–2. In addition, a basic description of a truncation method that was provided in the Change Notice has been incorporated into the standard. Some technical information in FIPS 180–2 about the security of the hash algorithms may no longer be accurate, as shown by recent research results, and it is possible that further research may indicate additional changes. Therefore, the technical information has been removed from the revised standard, and will be provided in Special Publications E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61782-61783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24745]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-848)


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 September 12, 2008, the United States Court of 
International Trade (CIT) sustained the Department of Commerce's (the 
Department) results of redetermination pursuant to the CIT's remand in 
China Kingdom Import & Export Co., Ltd.; Yancheng Yaou Seafood Co., 
Ltd.; and Qingdao Zhengri Seafood Co., Ltd. v. United States, Consol. 
Ct. No. 03-00302, Slip Op. 08-96 (CIT September 12, 2008) (China 
Kingdom v. United States II). See Results of Redetermination Pursuant 
to Remand, dated March 3, 2008 (available at http://ia.ita.doc.gov/
remands). 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), the Department is notifying the 
public that the final judgment in this case is not in harmony with the 
Department's final results of the administrative review of the 
antidumping duty order on certain crawfish tail meat from the People's 
Republic of China (PRC) covering the period of review (POR) of 
September 1, 2000, through August 31, 2001. See Freshwater Crawfish 
Tail Meat from the People's Republic of China; Notice of Final Results 
of Antidumping Duty Administrative Review, 68 FR 19504 (April 21, 2003) 
(Final Results).

EFFECTIVE DATE: September 22, 2008.

FOR FURTHER INFORMATION CONTACT:  Scott Lindsay, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC, 20230; telephone (202) 482-0780.

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 2003, the Department issued its final results in the 
antidumping duty administrative review of crawfish tail meat from the 
PRC covering the POR of September 1, 2000, through August 31, 2001. See 
Final Results. In the Final Results, the Department found that the use 
of facts otherwise available, with adverse

[[Page 61783]]

inferences, was warranted because the evidence gathered at verification 
established that China Kingdom Import & Export Co. Ltd. (China Kingdom) 
failed to report its total tail meat production for the POR and eight 
of its eleven factors of production for the POR. Id. In applying total 
adverse facts available, the Department chose to assign to China 
Kingdom the highest calculated rate from any segment of the proceeding 
as the Department found that China Kingdom failed to cooperate to the 
best of its ability. Id. Therefore, China Kingdom was assigned a rate 
of 223.01 percent the highest rate calculated in any previous segment 
of this proceeding. Id.
    In China Kingdom Import & Export Co., Ltd. v. United States, 
Consol. Ct. No. 03-00302, Slip Op. 07-135 (CIT September 4, 2007) 
(China Kingdom vs. United States I), the CIT remanded the Final 
Results, holding that the Department's application of the ``facts 
otherwise available'' and ``adverse inference'' provisions was not 
supported by substantial record evidence and was otherwise not in 
accordance with law. The CIT directed the Department to calculate and 
assign China Kingdom a new antidumping duty assessment rate using facts 
available and adverse facts available only to a limited extent. On 
March 3, 2008, the Department issued its final results of 
redetermination pursuant to China Kingdom vs. United States I. See 
Results of Redetermination on Remand Pursuant to China Kingdom Import & 
Export Co. Ltd. v. United States (March 3, 2008). The remand 
redetermination explained that, in accordance with the CIT's 
instructions, the Department recalculated the assessment rate for China 
Kingdom using a rate other than the PRC-wide rate as total adverse 
facts available. Specifically, the Department calculated a dumping 
margin for China Kingdom, utilizing the factor for each of the eight 
erroneously reported factor values (choosing between China Kingdom's 
February 27, 2002, and November 16, 2007, responses) that is adverse to 
China Kingdom. The Department also utilized in its calculations the 
three factors that China Kingdom correctly reported. The Department 
then compared U.S. sales price to normal value, and calculated a 
dumping margin for China Kingdom utilizing information on the record. 
The Department's redetermination resulted in a change in the Final 
Results weighted-average margin for China Kingdom from 223.01 percent 
to 90.66 percent.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, 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 decision in China Kingdom v. United States II on September 12, 
2008, 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. In the event 
the CIT's ruling is not appealed or, if appealed, upheld by the CAFC, 
the Department will instruct U.S. Customs and Border Protection to 
assess antidumping duties on entries of the subject merchandise during 
the POR from China Kingdom based on the revised assessment rates 
calculated by the Department.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: October 8, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-24745 Filed 10-16-08; 8:45 am]
BILLING CODE 3510-DS-S