[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27458-27459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7232]


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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 Amended Final Results and Amended Order Pursuant to 
Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 29, 2005, the Court of International Trade 
(``CIT'') affirmed the Department's remand determination and entered 
judgment in Crawfish Processors Alliance v. United States of America, 
Slip Op. 05-166 (CIT Dec. 29, 2005) (``Judgment''), which challenged 
certain aspects of the Department of Commerce's (``the Department'') 
Final Results of Antidumping Duty Administrative Review, and Final 
Partial Rescission of Antidumping Duty Administrative Review of 
Freshwater Crawfish Tail Meat from the People's Republic of China, 67 
Fed. Reg. 19,546 (April 22, 2002) (``99/00 Final Results''), and 
accompanying Issues and Decision Memorandum (``Decision Memo''). As 
explained below, in accordance with the order contained in the CIT's 
December 29, 2005, Judgment, the Department is amending the 99/00 Final 
Results to treat Jiangsu Hilong International Trade Co., Ltd. (Jiangsu 
Hilong) and Ningbo Nanlian Frozen Foods Company, Ltd. (Ningbo Nanlian) 
as unaffiliated, non-collapsed entities.

EFFECTIVE DATE: May 11, 2006.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton, AD/CVD Operations, 
Office 9, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Room 4003, Washington, DC 20230; 
telephone: (202) 482-1386.

SUPPLEMENTARY INFORMATION:

Background

    The Department first collapsed Ningbo Nanlian and Jiangsu Hilong\1\ 
in the 1997-1998 administrative review. 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 Fed. Reg. 20,948 (Apr. 19, 2000). The Department 
continued to find that Ningbo Nanlian and Jiangsu Hilong were a single 
entity in the administrative review covering the 1999-2000 period. See 
99/00 Final Results and accompanying Decision Memo at Comment 20.
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    \1\ Huaiyin Foreign Trade Corporation (5) became Jiangsu Hilong 
International Trading Company Ltd. on January 10, 2001.
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    On May 6, 2004, the CIT issued an order remanding the case to the 
Department and ordering the Department to explain why its findings 
warranted the collapsing of Jiangsu Hilong and Ningbo Nanlian. Crawfish 
Processors Alliance v. United States, Slip Op. 04-47 (CIT May 6, 2004) 
(``CPA Remand''). The Department submitted its Final Results of 
Redetermination Pursuant to Court Remand on November 2, 2004. See 99/00 
Final Remand Results I.
    On September 13, 2005, the CIT issued its ruling on the 
Department's remand determination again remanding the case to the 
Department. See Crawfish Processors Alliance v. United States of 
America, Slip Op. 05-123 (CIT Sept. 13, 2005) (``CPA Remand II''). 
Specifically, the CIT remanded the case for the Department to: (1)(a) 
Explain with specificity how the interactions between Jiangsu Hilong 
and Ningbo Nanlian indicate that one company has control over the other 
or both, especially how the invoices from Jiangsu Hilong to Hontex 
created a business relationship with Ningbo Nanlian during the period 
of review (POR), and (b) explain with specificity how Mr. Wei's 
contacts with Jiangsu Hilong and Ningbo Nanlian demonstrate control of 
either company on behalf of the other or control over both; or (c) if 
the Department is unable to provide substantial evidence supporting its 
collapsing decision, then the Department is instructed to treat Jiangsu 
Hilong and Ningbo Nanlian as unaffiliated entities, and assign separate 
company-specific antidumping duty margins to each using verified 
information on the record. See CPA Remand II.
    In its remand determination, the Department reviewed the record 
evidence and completed its Draft Results of Determination Pursuant to 
Court Remand (``Draft Results'') on November 23, 2005, and released 
these Draft Results for comment on November 25, 2005. The Department 
requested that parties submit comments on the Draft Results by close of 
business on December 1, 2005. No comments were received. The Department 
submitted the Final Results of Remand to the CIT on December 9, 2005.
    On December 29, 2005, the CIT affirmed the remand. No appeal to the 
United States Court of Appeals was filed.

Amendment to the Final Determination

    Because there is now a final and conclusive court decision, 
effective as of the publication date of this notice, we are amending 
the 99/00 Final Results and establishing the following revised 
weighted-average dumping margins:

               Freshwater Crawfish Tail Meat from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Ningbo Nanlian Frozen Foods Company, Ltd............               62.51
------------------------------------------------------------------------

    The antidumping duty rate for respondent Ningbo Nanlian was 
unchanged from the 99/00 Final Results, as the rate in the 99/00 Final 
Results for the Ningbo Nanlian/Jiangsu Hilong single entity was based 
solely on Ningbo Nanlian's sales. Because the Department did not 
initiate a review of Jiangsu Hilong for the 99/00 period of review (no 
such review was requested by any party), but only reviewed the 
company's information as part of the Ningbo Nanlian/Jiansgu Hilong 
single entity, the Department cannot calculate a margin for Jiangsu 
Hilong as a separate entity in this segment of the proceeding. The 
Department will issue assessment instructions directly to U.S. Customs 
and Border Protection.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.


[[Page 27459]]


    Dated: May 4, 2006.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-7232 Filed 5-10-06; 8:45 am]
BILLING CODE 3510-DS-S