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]
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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 https://
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
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AGENCY:
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[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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
