Certain Frozen Warmwater Shrimp From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination and Amended Final Determination of the Antidumping Duty Investigation, 66434-66436 [2012-27042]
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Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Notices
1320.8(d)). This notice identifies an
information collection that RUS is
submitting to OMB for extension.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information will
have practical utility; (b) the accuracy of
the Agency’s estimate of the burden of
the proposed collection of information
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology. Comments may be sent to:
Michele L. Brooks, Director, Program
Development and Regulatory Analysis,
Rural Utilities Service, U.S. Department
of Agriculture, 1400 Independence Ave.
SW., STOP 1522, Room 5162 South
Building, Washington, DC 20250–1522.
Telephone: (202) 690–1078, FAX: (202)
720–8435.
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
Abstract
The American Recovery and
Reinvestment Act of 2009 (the
‘‘Recovery Act’’), Congress appropriated
$2.5 billion of budget authority for
establishing the Broadband Initiatives
Program (BIP) which may extend loans,
grants, and loan/grant combinations to
facilitate broadband deployment in rural
areas. In facilitating the expansion of
advanced communications services and
infrastructure, the program will advance
the objectives of the Recovery Act to
spur job creation and stimulate longterm economic growth and opportunity.
The collection of information for this
program is vital to RUS to ensure
compliance with the provisions of this
Notice and to fulfill the requirements of
the Recovery Act. In summary, the
collection of information is necessary in
order to implement this program.
1. Reporting and Registration
Requirement Under Section 1512 of the
Recovery Act
a. This award requires the recipient to
complete projects or activities which are
funded under the Recovery Act and to
report on use of Recovery Act funds
provided through this award.
Information from these reports will be
made available to the public.
b. The first report is due no later than
ten calendar days after the initial
calendar quarter in which the recipient
receives the assistance award funded in
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whole or in part by the Recovery Act,
or by October 10, 2009. Thereafter,
reports shall be submitted no later than
the tenth day after the end of each
calendar quarter.
c. Recipients and their first-tier
recipients must maintain current
registrations in the CCR (https://
www.ccr.gov.) at all times during which
they have active federal awards funded
with Recovery Act funds. A DUNS
number is one of the requirements for
registration in the CCR.
d. The recipient shall report the
information described in section 1512(c)
using the reporting instructions and
data elements that will be provided
online at https://
www.FederalReporting.gov, unless the
information is pre-populated.
2. Agencies’ Additional Paperwork
Reduction Act Analysis
Copies of all forms, regulations, and
instructions referenced in this NOFA
may be obtained from RUS. Data
furnished by the applicants will be used
to determine eligibility for program
benefits. Furnishing the data is
voluntary; however, the failure to
provide data could result in program
benefits being withheld or denied.
The following estimates are based on
the average over the past three years the
program has been in place.
Title: Broadband Initiatives Program
(BIP).
OMB Control Number: 0572–0142.
Type of Request: Revision of a
currently approved information
collection.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 3.5 hours per
response.
Respondents: Business or other for
profits; not-for-profit institutions; and
State, local, and Tribal.
Estimated Number of Respondents:
282.
Estimated Number of Responses per
Respondent: 1.5.
Estimated Number of Responses:
1,995.
Estimated Total Annual Burden
(hours) on Respondents: 6,905.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Dated: October 26, 2012.
John Charles Padalino,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2012–26889 Filed 11–2–12; 8:45 am]
BILLING CODE P
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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 Court Decision Not in
Harmony With the Final Determination
and Amended Final Determination of
the Antidumping Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 23, 2012, 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 order, in Shantou Red
Garden Foodstuff Co., Ltd., v. United
States, Slip Op. 12–133 (CIT 2012).1
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’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s PRC
Final Determination 2 and PRC
Amended Final Determination & Order 3
and is amending those final and
amended final determinations with
respect to Shantou Red Garden
Foodstuff Co., Ltd. (‘‘Red Garden’’).
DATES: Effective Date: November 2,
2012.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6905.
SUPPLEMENTARY INFORMATION:
1 See Final Results Of Redetermination Pursuant
To Court Remand, Court No. 05–00080, dated April
26, 2012, available at: https://ia.ita.doc.gov/
remands/12-7.pdf (‘‘Red Garden 2012 Final
Remand’’); see also Shantou Red Garden Foodstuff
Co., Ltd. v. United States, Consol. Court No. 05–
00080, Slip Op. 12–07 (CIT 2012) (‘‘Remand
Opinion and Order’’).
2 See 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) (‘‘PRC Final
Determination’’).
3 See 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) (‘‘PRC Amended Final
Determination & Order’’)
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Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Notices
Background
On January 13, 2012, the CIT
remanded to the Department five
determinations made with respect to
Red Garden in the PRC Final
Determination and PRC Amended Final
Determination & Order, two of which
the Department requested for voluntary
remand.4 Specifically, the CIT held that:
(1) The Department erred in applying
partial adverse facts available (‘‘AFA’’)
for certain missing factors of production
(‘‘FOP’’) information from one of the
unaffiliated producers for Red Garden;
(2) the Department must reconsider its
determination of the surrogate value
(‘‘SV’’) for fresh, raw, head-on, shell-on
shrimp; (3) the Department must
recalculate Red Garden’s margin using
the correct production volume for a
certain Red Garden supplier; (4) the
Department must redetermine the SV for
labor expenses consistent with the
CAFC’s decision in Dorbest;5 and (5) the
Department unlawfully refused to allow
Red Garden to correct a miscalculation
for its growth stage multiplier submitted
prior to verification.
Pursuant to the CIT’s remand
instructions, the Department reexamined record evidence and made the
following changes. First, as facts
otherwise available, we substituted
Shantou Jinyuan District Mingfeng
Quick-Frozen Factory (‘‘Mingfeng’’) and
Shantou Longfeng Foodstuff Co., Ltd.
(‘‘Longfeng’’) FOPs for Red Garden’s
sales of subject merchandise supplied
by Meizhou, as it did in the original
Preliminary Determination 6 using the
most updated FOP database submitted
by Red Garden. Second, the Department
relied on the publicly ranged financial
statement data for Devi Sea Foods Ltd.
(‘‘Devi’’), rather than data for Nekkanti,
as the basis for calculating the raw
shrimp SV. Third, the Department
determined that the correct production
quantity of Mingfeng should be used to
weight-average the FOP database
because the correct quantity was on the
record before verification, the
Department used the correct amount in
the Preliminary Determination to weight
average the FOP database, and the
Department eventually verified the
correct amount. However,
implementation of Mingfeng’s
production quantity was unnecessary in
the Red Garden 2012 Final Remand
because the Department had actually
used the correct amount, as used in the
Preliminary Determination, to weight
average the FOP databases.7
Accordingly, no changes were required
in the margin program specific to this
issue as it already contains the result
mandated by the Court. Fourth,
following Dorbest, the Department
requested a voluntary remand of its
wage rate calculations for Red Garden in
the Final Determination. The CIT
granted that request and remanded the
Final Determination with instructions
that the labor wage value be
recalculated in accordance with law,
supported with substantial evidence,
and to comply with Dorbest.
Consequently, the Department revised
its valuation of Red Garden’s reported
labor input in the Final Determination
in accordance with the CAFC’s
interpretation of section 773(c) of the
Act as expressed in Dorbest. The
Department, therefore, calculated an
industry-specific hourly wage rate for
the single, primary surrogate country,
India. Lastly, in the Final
Determination, the Department had not
used the correct growth stage multiplier
without explanation. The Department
requested a voluntary remand for the
purposes of considering Red Garden’s
supplier’s growth stage multiplier and
upon further review, the Department redetermined to use the revised growth
stage multiplier collected at verification
as there is no indication that the
Department rejected it as a minor
correction at verification or that it
intended to reject it in the Final
Determination.
On April 5, 2012, the Department
released the draft redetermination of
remand and invited interested parties to
comment. The Department received no
comments on the draft
redetermination.8 On October 23, 2012,
the CIT affirmed all aspects of the
Department’s remand redetermination.9
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC has held that, pursuant to
section 516A(e) of 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 October 23, 2012, judgment
sustaining the Red Garden 2012 Final
Remand constitutes a final decision of
that court that is not in harmony with
the PRC Final Determination and PRC
Amended Final Determination & Order.
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. The cash
deposit rate will remain the companyspecific rate established for the
subsequent and most recent period
during which the respondent was
reviewed.
Amended Final Determination
Because there is now a final court
decision with respect to Red Garden, the
revised dumping margin is as follows:
Exporter
Weightedaverage margin
(percent)
Shantou Red Garden Foodstuff Co., Ltd ..........
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
Manufacturer
Shantou Red Garden Foodstuff Co., Ltd. ...............................................
7.20
4 See
Remand Opinion and Order.
Dorbest Ltd. v. United States, 604 F.3d 1363,
1372–73 (Fed. Cir. 2010) (‘‘Dorbest’’).
6 See Notice of Preliminary Determination of
Sales at Less Than Fair Value, Partial Affirmative
Preliminary Determination of Critical
Circumstances and Postponement of Final
Determination: Certain Frozen and Canned
5 See
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Warmwater Shrimp From the People’s Republic of
China, 69 FR 42654 (July 16, 2004) (‘‘Preliminary
Determination’’).
7 See Red Garden 2012 Final Remand at 12–13;
see also Memorandum to the File; RE: Red Garden
Final Determination Analysis Memorandum dated
November 29, 2004, at SAS LOG lines 552–612.
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8 See Shantou Red Garden Foodstuff Co., Ltd. v.
United States, Slip Op. 12–07, Court No. 05–00080,
Draft Results of Redetermination Pursuant to Court
Remand (April 5, 2012) and Red Garden Analysis
Memorandum for the Draft Results of
Redetermination (‘‘Draft Results Analysis Memo’’).
9 See Shantou Red Garden Foodstuff Co., Ltd., v.
United States, Slip Op. 12–133 (CIT 2012).
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66436
Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Notices
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: October 31, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–27042 Filed 11–1–12; 4:15 pm]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–986]
Hardwood and Decorative Plywood
From the People’s Republic of China:
Initiation of Antidumping Duty
Investigation; Correction
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 5,
2012.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand or Katie Marksberry
at (202) 482–3207 or (202) 482–7906,
respectively, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
Background: The Department of
Commerce published a notice in the
Federal Register on October 25, 2012,
concerning the initiation of an
antidumping duty investigation of
hardwood and decorative plywood from
the People’s Republic of China.1 The
document as published did not include
Appendix I, which was referenced in
the ‘‘Scope of the Investigation’’ section.
The referenced scope language is
appended to this notice.
AGENCY:
Dated: October 26, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
Appendix I—Scope of the Investigation
Hardwood and decorative plywood is a
panel composed of an assembly of two or
more layers or plies of wood veneer(s) in
combination with a core. The several layers,
along with the core, are glued or otherwise
bonded together to form a finished product.
A hardwood and decorative plywood panel
can be composed of one or more species of
hardwoods, softwoods, or bamboo, (in
addition to other materials that are used for
the core, as detailed below).
1 See Hardwood and Decorative Plywood From
the People’s Republic of China: Initiation of
Antidumping Duty Investigation, 77 FR 65172
(October 25, 2012).
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Hardwood and decorative plywood is
generally manufactured to American
National Standard for Hardwood and
Decorative Plywood, ANSI/HPVA HP–1–
2009; it is differentiated from ‘‘structural
plywood’’ (also known as ‘‘industrial
plywood’’ or ‘‘industrial panels’’), which
must meet the ‘‘bond performance’’
requirements set forth at paragraph 5.8.6.4 of
U.S. Products Standard PS 1–09 for
Structural Plywood.
Hardwood and decorative plywood is
primarily manufactured as a panel. The most
common panel sizes are 1219 × 1829 mm (48
× 72 inches), 1219 × 2438 mm (48 × 96
inches), and 1219 × 3048 mm (48 × 120
inches). However, these panels may be cutto-size by the manufacturer in accordance
with a customer’s requirements, or made to
other sizes.
A ‘‘veneer’’ is a thin slice of wood, rotary
cut, sliced or sawed from a log, bolt or flitch.
The face veneer is the exposed veneer of a
hardwood and decorative plywood product
which is of a superior grade than that of the
other exposed veneer of the product (i.e., as
opposed to the inner veneers). The face
veneer is also either side of the product when
the two exposed veneers are of the same
grade. The face veneer is also the side of the
product that is intended to be exposed for
view after installation.
The core of hardwood and decorative
plywood consists of the layer or layers of
material(s) that are situated between the front
and back veneers. The core may be composed
of a range of materials, including but not
limited to veneers, particleboard, and
medium-density fiberboard (MDF).
All hardwood and decorative plywood is
included within the definition of subject
merchandise regardless whether or not the
face and/or back veneers are surface coated.
Additionally, the face veneer of hardwood
and decorative plywood may be sanded,
smoothed or given a ‘‘distressed’’ appearance
through such methods as hand-scraping or
wire brushing. The face veneer may also be
stained (i.e., to achieve a particular color).
Unless subject to a specifically enumerated
exclusion detailed below, all hardwood and
decorative plywood is included within the
definition of subject merchandise, without
regard to: Dimension (overall thickness,
thickness of face veneer, thickness of back
veneer, thickness of core, and thickness of
inner veneers; width; and length); wood
species used for the face, back and inner
veneers (including hardwoods, softwoods or
bamboo); core composition; the grade of the
face and back veneers; and whether or not
surface coated (i.e., ‘‘unfinished’’ or
‘‘prefinished’’). The face and/or back veneers
of the product may be sanded, smoothed,
scraped or stained.
Hardwood and decorative plywood is
generally manufactured to American
National Standard for Hardwood and
Decorative Plywood, ANSI/HPVA HP–1–
2009. Regardless of whether the product
meets the ANSI/HPVA standard, all
hardwood and decorative plywood is
included within this definition if it meets the
physical description set forth therein.
The scope of the investigation excludes the
following items: (1) Structural plywood that
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is manufactured and stamped to meet U.S.
Products Standard PS 1–09 for Structural
Plywood (including any revisions to that
standard or any substantially equivalent
international standard intended for structural
plywood), including but not limited to the
‘‘bond performance’’ requirements set forth at
paragraph 5.8.6.4 of that Standard and the
performance criteria detailed at Table 4
through 10 of that Standard; (2) plywood
platforms with a face and back ply of cork;
(3) multilayered wood flooring, as described
in the antidumping duty and countervailing
duty orders on Multilayered Wood Flooring
from the People’s Republic of China, Import
Administration, International Trade
Administration, U.S. Department of
Commerce Investigation Nos. A–570–970 and
C–570–971 (published December 8, 2011); (4)
plywood further manufactured or further
worked aside from sanding, surface coating
(i.e., ‘‘prefinishing’’), scraping or staining
(e.g., bent or molded plywood; bent or
molded plywood is defined as a flat panel
that is purposely further manufactured
through whatever means to achieve a shape
or design other than a flat plane).
Imports of the subject merchandise are
provided for under the following
subheadings of the Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’):
4412.10.0500; 4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510; 4412.31.2520;
4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.5175; 4412.31.6000;
4412.31.9100; 4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.2510; 4412.32.2520;
4412.32.3135; 4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185; 4412.32.5600;
4412.39.1000; 4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019; 4412.39.4031;
4412.39.4032; 4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059; 4412.39.4061;
4412.39.4062; 4412.39.4069; 4412.39.5010;
4412.39.5030; 4412.39.5050; 4412.94.1030;
4412.94.1050; 4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141; 4412.94.3160;
4412.94.3171; 4412.94.4100; 4412.94.6000;
4412.94.7000; 4412.94.8000; 4412.94.9000;
4412.99.0600; 4412.99.1020; 4412.99.1030;
4412.99.1040; 4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140; 4412.99.3150;
4412.99.3160; 4412.99.3170; 4412.99.4100;
4412.99.5710; 4412.99.6000; 4412.99.7000;
4412.99.8000; and 4412.99.9000.
While HTSUS subheadings are provided
for convenience and customs purposes, the
written description of the subject
merchandise as set forth herein is
dispositive.
[FR Doc. 2012–26972 Filed 11–2–12; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Notices]
[Pages 66434-66436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27042]
=======================================================================
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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 Court Decision Not in Harmony With the Final
Determination and Amended Final Determination of the Antidumping Duty
Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 23, 2012, 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
order, in Shantou Red Garden Foodstuff Co., Ltd., v. United States,
Slip Op. 12-133 (CIT 2012).\1\
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\1\ See Final Results Of Redetermination Pursuant To Court
Remand, Court No. 05-00080, dated April 26, 2012, available at:
https://ia.ita.doc.gov/remands/12-7.pdf (``Red Garden 2012 Final
Remand''); see also Shantou Red Garden Foodstuff Co., Ltd. v. United
States, Consol. Court No. 05-00080, Slip Op. 12-07 (CIT 2012)
(``Remand Opinion and Order'').
---------------------------------------------------------------------------
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''), as clarified by Diamond
Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (``Diamond Sawblades''), the Department is notifying the public
that the final judgment in this case is not in harmony with the
Department's PRC Final Determination \2\ and PRC Amended Final
Determination & Order \3\ and is amending those final and amended final
determinations with respect to Shantou Red Garden Foodstuff Co., Ltd.
(``Red Garden'').
---------------------------------------------------------------------------
\2\ See 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) (``PRC Final
Determination'').
\3\ See 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) (``PRC Amended Final Determination & Order'')
---------------------------------------------------------------------------
DATES: Effective Date: November 2, 2012.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
[[Page 66435]]
Background
On January 13, 2012, the CIT remanded to the Department five
determinations made with respect to Red Garden in the PRC Final
Determination and PRC Amended Final Determination & Order, two of which
the Department requested for voluntary remand.\4\ Specifically, the CIT
held that: (1) The Department erred in applying partial adverse facts
available (``AFA'') for certain missing factors of production (``FOP'')
information from one of the unaffiliated producers for Red Garden; (2)
the Department must reconsider its determination of the surrogate value
(``SV'') for fresh, raw, head-on, shell-on shrimp; (3) the Department
must recalculate Red Garden's margin using the correct production
volume for a certain Red Garden supplier; (4) the Department must
redetermine the SV for labor expenses consistent with the CAFC's
decision in Dorbest;\5\ and (5) the Department unlawfully refused to
allow Red Garden to correct a miscalculation for its growth stage
multiplier submitted prior to verification.
---------------------------------------------------------------------------
\4\ See Remand Opinion and Order.
\5\ See Dorbest Ltd. v. United States, 604 F.3d 1363, 1372-73
(Fed. Cir. 2010) (``Dorbest'').
---------------------------------------------------------------------------
Pursuant to the CIT's remand instructions, the Department re-
examined record evidence and made the following changes. First, as
facts otherwise available, we substituted Shantou Jinyuan District
Mingfeng Quick-Frozen Factory (``Mingfeng'') and Shantou Longfeng
Foodstuff Co., Ltd. (``Longfeng'') FOPs for Red Garden's sales of
subject merchandise supplied by Meizhou, as it did in the original
Preliminary Determination \6\ using the most updated FOP database
submitted by Red Garden. Second, the Department relied on the publicly
ranged financial statement data for Devi Sea Foods Ltd. (``Devi''),
rather than data for Nekkanti, as the basis for calculating the raw
shrimp SV. Third, the Department determined that the correct production
quantity of Mingfeng should be used to weight-average the FOP database
because the correct quantity was on the record before verification, the
Department used the correct amount in the Preliminary Determination to
weight average the FOP database, and the Department eventually verified
the correct amount. However, implementation of Mingfeng's production
quantity was unnecessary in the Red Garden 2012 Final Remand because
the Department had actually used the correct amount, as used in the
Preliminary Determination, to weight average the FOP databases.\7\
Accordingly, no changes were required in the margin program specific to
this issue as it already contains the result mandated by the Court.
Fourth, following Dorbest, the Department requested a voluntary remand
of its wage rate calculations for Red Garden in the Final
Determination. The CIT granted that request and remanded the Final
Determination with instructions that the labor wage value be
recalculated in accordance with law, supported with substantial
evidence, and to comply with Dorbest. Consequently, the Department
revised its valuation of Red Garden's reported labor input in the Final
Determination in accordance with the CAFC's interpretation of section
773(c) of the Act as expressed in Dorbest. The Department, therefore,
calculated an industry-specific hourly wage rate for the single,
primary surrogate country, India. Lastly, in the Final Determination,
the Department had not used the correct growth stage multiplier without
explanation. The Department requested a voluntary remand for the
purposes of considering Red Garden's supplier's growth stage multiplier
and upon further review, the Department re-determined to use the
revised growth stage multiplier collected at verification as there is
no indication that the Department rejected it as a minor correction at
verification or that it intended to reject it in the Final
Determination.
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\6\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value, Partial Affirmative Preliminary Determination of
Critical Circumstances and Postponement of Final Determination:
Certain Frozen and Canned Warmwater Shrimp From the People's
Republic of China, 69 FR 42654 (July 16, 2004) (``Preliminary
Determination'').
\7\ See Red Garden 2012 Final Remand at 12-13; see also
Memorandum to the File; RE: Red Garden Final Determination Analysis
Memorandum dated November 29, 2004, at SAS LOG lines 552-612.
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On April 5, 2012, the Department released the draft redetermination
of remand and invited interested parties to comment. The Department
received no comments on the draft redetermination.\8\ On October 23,
2012, the CIT affirmed all aspects of the Department's remand
redetermination.\9\
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\8\ See Shantou Red Garden Foodstuff Co., Ltd. v. United States,
Slip Op. 12-07, Court No. 05-00080, Draft Results of Redetermination
Pursuant to Court Remand (April 5, 2012) and Red Garden Analysis
Memorandum for the Draft Results of Redetermination (``Draft Results
Analysis Memo'').
\9\ See Shantou Red Garden Foodstuff Co., Ltd., v. United
States, Slip Op. 12-133 (CIT 2012).
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC has held that, pursuant to section 516A(e) of 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 October 23, 2012, judgment sustaining the Red Garden 2012 Final
Remand constitutes a final decision of that court that is not in
harmony with the PRC Final Determination and PRC Amended Final
Determination & Order. 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. The cash deposit rate will
remain the company-specific rate established for the subsequent and
most recent period during which the respondent was reviewed.
Amended Final Determination
Because there is now a final court decision with respect to Red
Garden, the revised dumping margin is as follows:
------------------------------------------------------------------------
Weighted- average
Manufacturer Exporter margin (percent)
------------------------------------------------------------------------
Shantou Red Garden Foodstuff Shantou Red 7.20
Co., Ltd. Garden Foodstuff
Co., Ltd..
------------------------------------------------------------------------
[[Page 66436]]
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: October 31, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-27042 Filed 11-1-12; 4:15 pm]
BILLING CODE 3510-DS-P
