International Trade Administration March 15, 2011 – Federal Register Recent Federal Regulation Documents

On March 1, 2011, the United States Court of International Trade (``CIT'') sustained in an unpublished judgment the Department of Commerce's (``the Department'') final results of redetermination as applied to respondent Shenzhen Greening Trading Co., Ltd. (``Greening'') pursuant to the CIT's order granting the Department's voluntary remand request in Shandong Chenhe International Trading Co., Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09-00246 (Ct. Int'l Trade April 22, 2010). See Final Results of Redetermination Pursuant to Voluntary Remand, Court No. 09-00246, dated July 30, 2010, available at https://ia.ita.doc.gov/remands (``Remand Results''); Shandong Chenhe International Trading Co., Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09- 00246 (Ct. Int'l Trade March 1, 2011) (``Judgment''). 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 final results and is amending the final results of the administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC'') covering the period of review (``POR'') of November 1, 2006, through October 31, 2007 with respect to Greening. See Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 13th Antidumping Duty Administrative Review and New Shipper Reviews, 74 FR 29174 (June 19, 2009) (``Final Results''), and accompanying Issues and Decision Memorandum at Comment 11.