Certain Frozen Warmwater Shrimp From the People's Republic of China: Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision, 30100 [2011-12793]

Download as PDF 30100 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Notices address below. The closing period for their receipt is July 25, 2011. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 8, 2011. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via http:// www.trade.gov/ftz. For further information, contact Camille Evans at Camille.Evans@trade.gov or (202) 482– 2350. Dated: May 18, 2011. Andrew McGilvray, Executive Secretary. [FR Doc. 2011–12790 Filed 5–23–11; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 24, 2011. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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– 482–2243. AGENCY: jlentini on DSK4TPTVN1PROD with NOTICES Background This matter arose from a challenge to the results in the Department of Commerce’s (‘‘Department’’) Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the People’s Republic of China, 69 FR 70997 (December 8, 2004) (‘‘Final Determination’’) and Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People’s Republic of China, 70 FR 5149 (February 1, 2005) (‘‘Amended Final Determination’’). Following publication of the Amended VerDate Mar<15>2010 16:47 May 23, 2011 Jkt 223001 Final Determination, respondents 1 Allied Pacific and Yelin, filed a lawsuit with the Court of International Trade (‘‘CIT’’ or the ‘‘Court’’) challenging the Department’s Final Determination and Amended Final Determination. At issue in the litigation were the Department’s surrogate values for two inputs: raw, head-on, shell-on shrimp and hours of labor used in the production of the subject merchandise. After two court ordered remands, the Department issued its second final results of redetermination on May 21, 2009. See Allied Pacific Food (Dalian) Co. Ltd. v. United States, 716 F. Supp. 2d 1339 (Ct. Int’l Trade 2010). In its second remand redetermination, the Department calculated new surrogate values for shrimp using ranged data from the Indian shrimp producer Devi Seafoods, Ltd. (‘‘Devi’’) and adopted a new surrogate labor rate. Id. at 1342. Using these revised values, the Department determined revised antidumping duty margins of 5.07% advalorem for Allied Pacific and 8.45% ad-valorem for Yelin. Id. No party appealed the CIT’s decision. As there is now a final and conclusive court decision in this case, we are amending our final determination. pertained has been completed, the Department intends to issue instructions to U.S. Customs and Border Protection (‘‘CBP’’) fifteen days after publication of this notice notifying CBP of the lifting of these injunctions and instructing CBP to liquidate all appropriate entries, not otherwise enjoined, at the applicable rates for each review period. This notice is published in accordance with sections 735(d), 777(i), and 516A(a)(B) of the Tariff Act of 1930, as amended. Dated: May 17, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–12793 Filed 5–23–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Extension of Final Results of the Fifth Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is extending the time limit for the final results of the fifth administrative review of certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’). The review covers the period February 1, 2009, Manufacturer/exporter Margin through January 31, 2010. Allied Pacific ......................... 5.07% DATES: Effective Date: May 24, 2011. Yelin ...................................... 8.45% FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, The PRC-wide rate continues to be Office 9, Import Administration, 112.81 percent as determined in the International Trade Administration, Department’s Amended Final U.S. Department of Commerce, 14th Determination. Street and Constitution Avenue, NW., Both Allied Pacific and Yelin have Washington, DC 20230; telephone: (202) received new cash deposit rates in 482–2593. subsequent reviews, so the rates listed above will not be applied as cash Background deposit rates for either company. On April 9, 2010, the Department Additionally, both Allied Pacific and published in the Federal Register a Yelin obtained preliminary injunctions notice of initiation of the fifth enjoining liquidation of all entries of administrative review of the subject merchandise during subsequent administrative review periods. Now that antidumping duty order on certain the litigation to which these injunctions frozen warmwater shrimp from the PRC. See Notice of Initiation of Administrative Reviews and Requests 1 Allied Pacific Food (Dalian) Co., Ltd., Allied for Revocation in Part of the Pacific (H.K.) Co., Ltd., King Royal Investments, Ltd., Allied Pacific Aquatic Products (Zhanjiang) Antidumping Duty Orders on Certain Co., Ltd., and Allied Pacific Aquatic Products Frozen Warmwater Shrimp From the (Zhongshan) Co., Ltd. (collectively ‘‘Allied Pacific’’) Socialist Republic of Vietnam and the and Yelin Enterprise Co. Hong Kong (‘‘Yelin’’) are People’s Republic of China, 75 FR 18154 Chinese producers of subject shrimp that were respondents in the antidumping duty investigation. (April 9, 2010). On February 14, 2011, Amended Final Determination As the litigation in this case has concluded, the Department is amending the Final Determination to reflect the results of our remand determination. The revised dumping margins for the amended final determination are as follows: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Page 30100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12793]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Notice of Amended Final Determination of Sales at Less Than Fair 
Value Pursuant to Court Decision

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

DATES: Effective Date: May 24, 2011.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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: 202-482-2243.

Background

    This matter arose from a challenge to the results in the Department 
of Commerce's (``Department'') Notice of Final Determination of Sales 
at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp 
from the People's Republic of China, 69 FR 70997 (December 8, 2004) 
(``Final Determination'') and Notice of Amended Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order: Certain 
Frozen Warmwater Shrimp From the People's Republic of China, 70 FR 5149 
(February 1, 2005) (``Amended Final Determination''). Following 
publication of the Amended Final Determination, respondents \1\ Allied 
Pacific and Yelin, filed a lawsuit with the Court of International 
Trade (``CIT'' or the ``Court'') challenging the Department's Final 
Determination and Amended Final Determination. At issue in the 
litigation were the Department's surrogate values for two inputs: raw, 
head-on, shell-on shrimp and hours of labor used in the production of 
the subject merchandise.
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    \1\ Allied Pacific Food (Dalian) Co., Ltd., Allied Pacific 
(H.K.) Co., Ltd., King Royal Investments, Ltd., Allied Pacific 
Aquatic Products (Zhanjiang) Co., Ltd., and Allied Pacific Aquatic 
Products (Zhongshan) Co., Ltd. (collectively ``Allied Pacific'') and 
Yelin Enterprise Co. Hong Kong (``Yelin'') are Chinese producers of 
subject shrimp that were respondents in the antidumping duty 
investigation.
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    After two court ordered remands, the Department issued its second 
final results of redetermination on May 21, 2009. See Allied Pacific 
Food (Dalian) Co. Ltd. v. United States, 716 F. Supp. 2d 1339 (Ct. 
Int'l Trade 2010). In its second remand redetermination, the Department 
calculated new surrogate values for shrimp using ranged data from the 
Indian shrimp producer Devi Seafoods, Ltd. (``Devi'') and adopted a new 
surrogate labor rate. Id. at 1342. Using these revised values, the 
Department determined revised antidumping duty margins of 5.07% ad-
valorem for Allied Pacific and 8.45% ad-valorem for Yelin. Id.
    No party appealed the CIT's decision. As there is now a final and 
conclusive court decision in this case, we are amending our final 
determination.

Amended Final Determination

    As the litigation in this case has concluded, the Department is 
amending the Final Determination to reflect the results of our remand 
determination. The revised dumping margins for the amended final 
determination are as follows:

------------------------------------------------------------------------
                  Manufacturer/exporter                       Margin
------------------------------------------------------------------------
Allied Pacific..........................................           5.07%
Yelin...................................................           8.45%
------------------------------------------------------------------------

    The PRC-wide rate continues to be 112.81 percent as determined in 
the Department's Amended Final Determination.
    Both Allied Pacific and Yelin have received new cash deposit rates 
in subsequent reviews, so the rates listed above will not be applied as 
cash deposit rates for either company. Additionally, both Allied 
Pacific and Yelin obtained preliminary injunctions enjoining 
liquidation of all entries of subject merchandise during subsequent 
administrative review periods. Now that the litigation to which these 
injunctions pertained has been completed, the Department intends to 
issue instructions to U.S. Customs and Border Protection (``CBP'') 
fifteen days after publication of this notice notifying CBP of the 
lifting of these injunctions and instructing CBP to liquidate all 
appropriate entries, not otherwise enjoined, at the applicable rates 
for each review period.
    This notice is published in accordance with sections 735(d), 
777(i), and 516A(a)(B) of the Tariff Act of 1930, as amended.

    Dated: May 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-12793 Filed 5-23-11; 8:45 am]
BILLING CODE 3510-DS-P