Crawfish Tail Meat from the People's Republic of China: Amended Final Results of the Administrative Review Pursuant to Final Court Decision, 74457-74458 [E8-29015]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: U.S. Census Bureau. Title: 2010 Census Coverage Measurement Independent Listing Operation. OMB Control Number: None. Form Number(s): D–1302, D– 1302(PR). Type of Request: New collection. Burden Hours: 38,563. Number of Respondents: 1,000,000. Average Hours per Response: 2 minutes. Needs and Uses: The U.S. Census Bureau requests authorization from the Office of Management and Budget to conduct the Census Coverage Measurement (CCM) Independent Listing Operation as part of the 2010 Census. The 2010 CCM Independent Listing Operation will be conducted in the U.S. (excluding remote Alaska) and in Puerto Rico, in selected CCM sampled areas. As in the past, the CCM operations and activities will be conducted separate from and independent of the 2010 Census operations. CCM will be conducted for the 2010 Census to provide estimates of net coverage error and components of coverage error (omissions and erroneous enumerations) for housing units and persons in housing units to improve future censuses. The data collection and matching methodologies for previous coverage measurement programs were designed only to measure net coverage error, which reflects the difference between omissions and erroneous inclusions. The Independent Listing Operation is the first step in the CCM process. It will be conducted to obtain a complete inventory of all housing unit addresses within the CCM sample block clusters before the 2010 Census enumeration commences. In those block clusters throughout the 50 states (excluding remote Alaska), the District of Columbia, and Puerto Rico, listers will canvass every street, road, or other place where people might live in their assigned block clusters and construct a list of housing units. Listers will contact a member of each housing unit (or proxy, as a last resort) to ensure all units at a given address are identified. They will also identify the location of each housing unit by assigning map spots on block maps provided with their assignment materials. Completed Independent Listing Books are subject to Dependent Quality Control (DQC) wherein DQC listers return to the field to check 12 housing VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 units per block cluster from a prespecified random start to ensure that the work performed is of acceptable quality and to verify that the correct blocks were visited. If the block cluster fails the DQC, then the DQC lister reworks the entire block cluster. The completed listing books are keyed for matching against the census Decennial Master Address File for the same areas. There will be two Independent Listing Forms, D–1302 and D–1302 (PR). The D–1302 is the English version of the listing form and will be used in CCM sample areas in the 50 states (excluding remote Alaska) and the District of Columbia. The D–1302 (PR) is the Spanish version of the listing form and will be used only in the CCM sample areas in Puerto Rico. Affected Public: Individuals or households. Frequency: One time. Respondent’s Obligation: Mandatory. Legal Authority: Title 13, United States Code, Section 141 authorizes the Secretary of Commerce to conduct a decennial census of the population, and Section 193 authorizes the Secretary to conduct tests to gather supplementary information related to the census. OMB Desk Officer: Brian HarrisKojetin, (202) 395–7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dhynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202–395– 7245) or e-mail (bharrisk@omb.eop.gov). Dated: December 3, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8–28911 Filed 12–5–08; 8:45 am] BILLING CODE 3510–07–P PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 74457 DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Crawfish Tail Meat from the People’s Republic of China: Amended Final Results of the Administrative Review Pursuant to Final Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 8, 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 This matter arose from a challenge to 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) and accompanying Issues and Decision Memorandum (Issues and Decision Memo) covering the period of review September 1, 2000, through August 31, 2001. In the Final Results, the Department of Commerce (the Department) assigned China Kingdom Import & Export Co., Ltd. (China Kingdom) an antidumping duty assessment rate based on total adverse facts available because the evidence gathered at verification established that China Kingdom failed to report its total tail meat production and eight of its eleven factors of production for the period of review. See Final Results. Following publication of the Final Results, China Kingdom filed a lawsuit with the United States Court of International Trade (CIT) challenging the Department’s Final Results. The CIT overturned the Department’s determination in the Final Results to assign to China Kingdom an antidumping duty assessment rate based on total adverse facts available. See China Kingdom Import & Export Co. Ltd. v. United States, Consol. Ct. No. 03–00302, Slip Op. 07–135 (CIT September 4, 2007) (Remand Order). In the Remand Order, the CIT directed the Department to calculate and assign China Kingdom a new antidumping duty assessment rate in full compliance with the CIT’s directives, and that the Department support all its findings with substantial record evidence and include E:\FR\FM\08DEN1.SGM 08DEN1 mstockstill on PROD1PC66 with NOTICES 74458 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices a reasoned explanation for its determination. Specifically, first, the CIT ordered the Department to make a determination as to the practicability of allowing China Kingdom to explain the deficient responses, that is required by section 782(d) of the Tariff Act of 1930, as amended (the Act), and, in doing so, to afford China Kingdom a reasonable opportunity to explain the deficiency affecting the information on Chaohu Daxin Foodstuff Co., Ltd.’s (Daxin) total production and the calculated data for eight of the eleven factors of production. Second, the CIT specified that once China Kingdom has provided its explanation regarding the deficient information, the Department must make the determinations required by either section 782(d)(1) or (2) of the Act, or both, with respect to the substitute information. Third, the CIT ordered that the Department may use facts otherwise available solely to determine the total amount of Daxin’s production of subject merchandise, and to calculate and determine the eight incorrectly reported factors of production during the period of review. Lastly, the CIT instructed that the Department may use adverse inferences only to a limited extent, and must demonstrate that the use of adverse inferences is not punitive, aberrational, or uncorroborated. On February 1, 2008, the Department released the draft final results of redetermination for comment. No party submitted comments by the February 11, 2008, deadline. On March 4, 2008, the Department filed its final results of redetermination pursuant to the CIT’s order. See Results of Redetermination on Remand Pursuant to China Kingdom Import & Export Co., Ltd. v. United States. In the remand results, pursuant to the CIT’s order, the Department recalculated China Kingdom’s margin using adverse facts available only to a limited extent. Specifically, the Department only applied adverse facts available to those factors which China Kingdom incorrectly reported in its responses. Therefore, for the remand results, the Department utilized China Kingdom’s correctly reported factors in its margin calculation. On September 12, 2008, the CIT issued its judgment affirming the Department’s remand results. On October 17, 2008, consistent with the decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s decision was not in harmony with Department’s final results. See Crawfish Tail Meat from the People’s Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 73 FR 61782 VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 (October 17, 2008). There was no appeal of the CIT’s decision to the U.S. Court of Appeals for the Federal Circuit filed within the appeal period. Therefore, the CIT’s decision is now final and conclusive. Amended Final Results of the Review As the litigation in this case has concluded, the Department is amending the Final Results to reflect the results of our remand redetermination. The revised dumping margin in the amended final results is as follows: Exporter/Manufacturer Weighted–Average Margin (Percent) China Kingdom Import & Export Co. Ltd. ...... 90.66 The Department will instruct U.S. Customs and Border Protection (CBP) to liquidate entries of freshwater crawfish tail meat from the People’s Republic of China during the review period at the assessment rate the Department calculated for the final results of review as amended. We intend to issue assessment instructions to CBP 15 days after the date of publication of these amended final results of review. This notice is published in accordance with sections 751(a)(1) and 777(i) of the Act. November 24, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–29015 Filed 12–5–08; 8:45 am] CFR 102-3.65, and after consultation with GSA, the Secretary of Commerce has determined that the renewal of the Exporters’ Textile Advisory Committee is in the public interest in connection with the performance of duties imposed on the Department by law. The Committee shall provide advice and guidance to Department officials on the identification and surmounting of barriers to the expansion of textile exports, and on methods of encouraging textile firms to participate in export expansion. The Committee shall consist of approximately 40 members appointed by the Secretary of Commerce to ensure a balanced representation of textile and apparel products. Representatives of small, medium and large firms with broad geographical distribution in exporting shall be included on the Committee. The Committee shall function solely as an advisory body in compliance with the provisions of the Federal Advisory Committee Act. Dated: December 2, 2008. Janet E. Heinzen, Acting Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. E8–28980 Filed 12–5–08; 8:45 am] BILLING CODE 3510–DS DEPARTMENT OF COMMERCE International Trade Administration [A–549–813] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Exporters’ Textile Advisory Committee ACTION: Notice. SUMMARY: Renewal of the Exporters’ Textile Advisory Committee (ETAC): The ETAC is renewed for the period October 1, 2008 - September 30, 2010. FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, Acting Deputy Assistant Secretary for Textiles and Apparel, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Room 3100, Washington, DC 20230 telephone: (202) 482-3737, e-mail: matt.priest@mail.doc.gov. SUPPLEMENTARYINFORMATION: In accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the General Services Administration (GSA) rule on Federal Advisory Committee Management, 41 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Canned Pineapple Fruit From Thailand: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 6, 2008, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on canned pineapple fruit (CPF) from Thailand. See Canned Pineapple Fruit from Thailand: Preliminary Results of Antidumping Duty Administrative Review, 73 FR 45695 (August 6, 2008) (Preliminary Results). This review covers one producer/exporter of the subject merchandise to the United States, Vita Food Factory (1989) Co., Ltd. (Vita). The period of review (POR) is July 1, 2006 through June 30, 2007. Subsequent to the Preliminary Results, we provided parties with an opportunity to comment. No parties submitted any comments. Therefore, the final results do not differ from those E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74457-74458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29015]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Crawfish Tail Meat from the People's Republic of China: Amended 
Final Results of the Administrative Review Pursuant to Final Court 
Decision

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

EFFECTIVE DATE: December 8, 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

    This matter arose from a challenge to 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) and accompanying Issues and Decision Memorandum (Issues 
and Decision Memo) covering the period of review September 1, 2000, 
through August 31, 2001. In the Final Results, the Department of 
Commerce (the Department) assigned China Kingdom Import & Export Co., 
Ltd. (China Kingdom) an antidumping duty assessment rate based on total 
adverse facts available because the evidence gathered at verification 
established that China Kingdom failed to report its total tail meat 
production and eight of its eleven factors of production for the period 
of review. See Final Results. Following publication of the Final 
Results, China Kingdom filed a lawsuit with the United States Court of 
International Trade (CIT) challenging the Department's Final Results.
    The CIT overturned the Department's determination in the Final 
Results to assign to China Kingdom an antidumping duty assessment rate 
based on total adverse facts available. See China Kingdom Import & 
Export Co. Ltd. v. United States, Consol. Ct. No. 03-00302, Slip Op. 
07-135 (CIT September 4, 2007) (Remand Order). In the Remand Order, the 
CIT directed the Department to calculate and assign China Kingdom a new 
antidumping duty assessment rate in full compliance with the CIT's 
directives, and that the Department support all its findings with 
substantial record evidence and include

[[Page 74458]]

a reasoned explanation for its determination. Specifically, first, the 
CIT ordered the Department to make a determination as to the 
practicability of allowing China Kingdom to explain the deficient 
responses, that is required by section 782(d) of the Tariff Act of 
1930, as amended (the Act), and, in doing so, to afford China Kingdom a 
reasonable opportunity to explain the deficiency affecting the 
information on Chaohu Daxin Foodstuff Co., Ltd.'s (Daxin) total 
production and the calculated data for eight of the eleven factors of 
production. Second, the CIT specified that once China Kingdom has 
provided its explanation regarding the deficient information, the 
Department must make the determinations required by either section 
782(d)(1) or (2) of the Act, or both, with respect to the substitute 
information. Third, the CIT ordered that the Department may use facts 
otherwise available solely to determine the total amount of Daxin's 
production of subject merchandise, and to calculate and determine the 
eight incorrectly reported factors of production during the period of 
review. Lastly, the CIT instructed that the Department may use adverse 
inferences only to a limited extent, and must demonstrate that the use 
of adverse inferences is not punitive, aberrational, or uncorroborated.
    On February 1, 2008, the Department released the draft final 
results of redetermination for comment. No party submitted comments by 
the February 11, 2008, deadline. On March 4, 2008, the Department filed 
its final results of redetermination pursuant to the CIT's order. See 
Results of Redetermination on Remand Pursuant to China Kingdom Import & 
Export Co., Ltd. v. United States. In the remand results, pursuant to 
the CIT's order, the Department recalculated China Kingdom's margin 
using adverse facts available only to a limited extent. Specifically, 
the Department only applied adverse facts available to those factors 
which China Kingdom incorrectly reported in its responses. Therefore, 
for the remand results, the Department utilized China Kingdom's 
correctly reported factors in its margin calculation. On September 12, 
2008, the CIT issued its judgment affirming the Department's remand 
results.
    On October 17, 2008, consistent with the decision in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified 
the public that the CIT's decision was not in harmony with Department's 
final results. See Crawfish Tail Meat from the People's Republic of 
China: Notice of Court Decision Not in Harmony with Final Results of 
Administrative Review, 73 FR 61782 (October 17, 2008). There was no 
appeal of the CIT's decision to the U.S. Court of Appeals for the 
Federal Circuit filed within the appeal period. Therefore, the CIT's 
decision is now final and conclusive.

Amended Final Results of the Review

    As the litigation in this case has concluded, the Department is 
amending the Final Results to reflect the results of our remand 
redetermination. The revised dumping margin in the amended final 
results is as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin (Percent)
------------------------------------------------------------------------
China Kingdom Import & Export Co. Ltd...............               90.66
------------------------------------------------------------------------

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to liquidate entries of freshwater crawfish tail meat from the 
People's Republic of China during the review period at the assessment 
rate the Department calculated for the final results of review as 
amended. We intend to issue assessment instructions to CBP 15 days 
after the date of publication of these amended final results of review.
    This notice is published in accordance with sections 751(a)(1) and 
777(i) of the Act.

    November 24, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29015 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-DS-S