[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19480-19481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3639]


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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 April 3, 2006, 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 Hontex 
Enterprises Inc., D/B/A Louisiana Packing Co. v. United States, Consol. 
Ct. No. 02-00223, Slip Op. 06-42 (Ct. Int'l Trade April 3, 2006) 
(``Hontex Judgment''). This case arises out of the Department's 
Freshwater Crawfish Tail Meat from the People's Republic of China: 
Final Results of Administrative Antidumping Duty and New Shipper 
Reviews, and Final Rescission of New Shipper Review, 65 FR 20948 (April 
19, 2000)(``Final Results''). The final judgment in this case was not 
in harmony with the Department's April, 2000 Final Results.

EFFECTIVE DATE: April 14, 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 Hontex Enterprises, Inc., d/b/a/ 
Louisiana Packing Co. v. U.S., 387 F. Supp.2d 1353 (CIT 2005) (Hontex 
v. U.S.), the Court remanded this matter to the Department to either: 
(1)(a) find that Mr. Lee did not control Huaiyin Foreign Trading 
Company (5) (``HFTC5'') within the meaning of 19 U.S.C. Section 
1677(33)(F) & G, and (b) find that Ningbo Nanlian Frozen Foods Company 
(``NNL'') were not affiliated, and c) find that NNL and HFTC5 should 
not be collapsed and given a single antidumping margin, and (d) find 
that NNL is entitled to a separate company-specific antidumping margin 
and calculate that margin using the verified information on the record; 
or (2)(a) re-open the record in order to gather additional evidence of 
Mr. Lee's control relationship with HFTC5 during the period of review, 
and (b) place such additional information on the record, and c) conduct 
an analysis that takes into account any such new evidence, including 
the temporal aspect of any such new evidence.
    In response, the Department found that (a) Mr. Lee did not control 
HFTC5, (b) HFTC5 and NNL were not affiliated, c) HFTC5 and NNL should 
not be collapsed and given a single antidumping margin, and (d) NNL is 
entitled to a separate company-specific antidumping margin. Also in 
accordance with the Court's remand, we calculated a separate company-
specific antidumping margin for NNL based on verified information on 
the record.
    On April 3, 2006, the Court sustained the Department's remand 
redetermination. See Hontex Judgment.

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

[[Page 19481]]

``conclusive'' court decision. The Court's decision in Hontex Judgment 
on April 3, 2006, constitutes a final, ``conclusive,'' decision that 
the court findings are not in harmony with the Department's final 
results in the 97/98 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. In the event that the CIT's ruling is not 
appealed, or if appealed and upheld by the Court of Appeals for the 
Federal Circuit, the Department will instruct U.S. Customs and Border 
Protection to revise cash deposit rates and liquidate relevant entries 
covering the subject merchandise effective the date of publication of 
this notice in the Federal Register.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: April 11, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 06-3639 Filed 4-13-06; 8:45 am]
Billing Code: 3510-DS-S