[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7012-7013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1890]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Notice of Court Decision Not In Harmony with Final Results of 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 29, 2005, the United States Court of International 
Trade (``Court'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the Court's 
remand of the final results of the administrative review of freshwater 
crawfish tail meat from the People's Republic of China. See Crawfish 
Processors Alliance v. United States, Consol. Ct. No. 02-00376, Slip 
Op. 05-166 (Ct. Int'l Trade December 29, 2005) (``CPA Remand III''). 
This case arises out of the Departments's Notice of Final Results of 
Antidumping Duty Administrative Review, and Final Partial Rescission of 
Antidumping Duty Administrative Review 67 FR 19546 (April 22, 2002) 
(``Final Results''). The final judgment in this case was not in harmony 
with the Department's April 2002 Final Results.

EFFECTIVE DATE: February 10, 2006.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Christopher D. 
Riker, 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) 482-1386 or (202) 482-3441, respectively.

SUPPLEMENTARY INFORMATION: In Crawfish Processors Alliance v. United 
States, 395 F. Supp. 2d 1330 (CIT 2005), the Court remanded the 
Department's determination in the final results to collapse Jiangsu 
Hilong International Trade Co., Ltd. (``Jiangsu'') and Ningbo Nanlian 
Frozen Foods Company, Ltd. (``Nanlian'') with instructions to either: 
(1) (a) Explain with specificity how the interactions between Jiangsu 
and Ningbo indicate that one company has control over the other or 
both, especially how the invoices from Jiangsu to Hontex Enterprises, 
Inc., d/b/a Louisiana Packing Company created a business relationship 
with Nanlian during the September 1, 1999, to August 31, 2000, period 
of review (``99/00 POR''), and (b) explain with specificity how Mr. 
Wei's contacts with Jiangsu and Nanlian demonstrate control of either 
company on behalf of the other or control over both; and (2) if the 
Department is unable to provide substantial evidence supporting its 
collapsing decision, then it is to treat Jiangsu and Nanlian as 
unaffiliated entities and assign separate company specific antidumping 
duty margins using verified information on the record.
    On November 25, 2005, the Department issued the draft results of 
redetermination pursuant to remand (``draft results'') for comment by 
interested parties. No party filed comments in response to the 
Department's draft results of redetermination pursuant to remand. On 
December 9, 2005, the Department issued its final results of 
redetermination pursuant to remand to the Court. The remand 
redetermination explained that without the presumption of affiliation 
between Jiangsu and Nanlian from the prior administrative reviews, the 
invoices and Mr. Wei's contacts between the two companies were 
insufficient to sustain the determination to collapse the two 
companies. Therefore, the Department stated that it would treat Jiangsu 
and Nanlian as unaffiliated entities. Accordingly, Nanlian's 
antidumping duty margin for the 99/00 POR is 62.51 percent. The 
Department did not initiate a review of Jiangsu during the period of 
review. Thus, the Department did not determine an antidumping duty 
margin for Jiangsu for the 99/00 POR.
    On December 29, 2005, the Court found that the Department complied 
with the Court's remand order and sustained the Department's remand 
redetermination. See CPA Remand III.

Timken Notice

    In its decision in Timken Co., v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``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 Court's decision in CPA 
Remand III on December 29, 2005, constitutes a final decision of that 
court that is not in harmony with the Department's final

[[Page 7013]]

results in the 99/00 administrative review of freshwater crawfish tail 
meat. 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, upon a final and 
conclusive court decision.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: February 3, 2006.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-1890 Filed 2-9-06; 8:45 am]
BILLING CODE 3510-DS-S