[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 14960-14961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5669]


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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 March 5, 2008 the United States Court of International 
Trade (``CIT'') sustained the remand redetermination issued by the 
Department of Commerce (``the Department''), pursuant to the CIT's 
remand order, regarding the final results of the administrative review 
of the antidumping duty order on fresh water crawfish tail meat from 
the People's Republic of China. See Crawfish Processors Alliance v. 
United States, Slip Op. 08-27 (March 5, 2008) (``Crawfish II''). This 
case arises out of the Department's final results in the administrative 
review covering the period September 1, 1999 - August 31, 2000. See 
Freshwater Crawfish Tail Meat from the People's Republic of China; 
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''). Consistent with the 
decision of the United States Court of Appeals for the Federal Circuit 
(``CAFC'') in The Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (``Timken''), the Department is notifying the public that 
Crawfish II is not in harmony with the Department's Final Results.

EFFECTIVE DATE: March 20, 2008.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Ave., NW, 
Washington, DC 20230; telephone: (202) 482-0413.

SUPPLEMENTARY INFORMATION: On April 22, 2002 the Department determined 
that Fujian Pelagic Fishery Group Co. (``Fujian'') and Pacific Coast 
Fisheries Corp. (``Pacific Coast'') are not affiliated parties pursuant 
to section 771(33) of the Tariff Act of 1930, as amended (``the Act''). 
See Final Results and accompanying Issues and Decision Memorandum at 
Comment 18. In Crawfish I, the CIT found that ``Fujian had not made an 
investment, whether in cash or in the form of a promissory note, in 
Pacific Coast and that Fujian did not exercise control over Pacific 
Coast.'' See Crawfish Processors Alliance v. United States, 343 F. 
Supp. 2d 1242, 1269 (Ct. Int'l Trade 2004) (``Crawfish I''). The CIT 
sustained the Department's determination that the two entities are not 
affiliated. Id. On appeal, the CAFC, holding that section 771(33)(E) of 
the Act ``does not require a transfer of cash or merchandise to prove 
ownership or control of an organization's shares,'' found that Fujian 
put forth sufficient evidence to demonstrate that it directly or 
indirectly owned and controlled at least 5[percnt] of Pacific Coast's 
shares. See Crawfish Processors Alliance v. United States, 477 F.3d 
1375, 1384 (Fed. Cir. 2007). The CAFC determined that substantial 
evidence did not support the Department's determination that Fujian and 
Pacific Coast are not affiliated and reversed the decision of the CIT 
in Crawfish I. Id. Consequently, as mandated by the Federal Circuit, 
the CIT remanded the Final Results to the Department to recalculate the 
dumping margin treating Fujian and Pacific Coast as affiliated parties. 
See Crawfish Processors Alliance v. United States, Slip Op. 07-156 
(October 30, 2007). Thus, pursuant to the CIT's remand instructions, 
the Department treated Fujian and Pacific Coast as affiliated parties 
pursuant to section 771(33)(E) of the Act, and recalculated Fujian's 
dumping margin from 174.04[percnt] to 60.83[percnt].
    The Department released the Draft Results of Redetermination 
Pursuant to Court Remand (``Draft Redetermination'') to the interested 
parties for comment on December 11, 2007. On December 18, 2007, in 
response to a request by Fujian, the Department granted parties an 
additional two days to submit comments on the Draft Redetermination. No 
party submitted comments by the December 20, 2007 deadline. On January 
28, 2008 the Department filed its final results of

[[Page 14961]]

redetermination pursuant to Court remand with the CIT. See Final Remand 
Results of Redetermination Pursuant to Court Remand, Court No. 02-
00376, (January 28, 2008) (``Final Remand Redetermination''). On March 
5, 2008 the CIT sustained all aspects of the Final Remand 
Redetermination. See Crawfish II.
    In its decision in Timken, 893 F.2d at 341, the CAFC 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. As a result of the Department's 
treatment of Fujian and Pacific Coast as affiliated parties, the CIT's 
decision in this case, on March 5, 2008, constitutes a final decision 
of the court that is not in harmony with the Department's Final 
Results. 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. In the event the CIT's ruling is not 
appealed or, if appealed, upheld by the CAFC, the Department will 
instruct U.S. Customs and Border Protection to revise the cash deposit 
rates covering the subject merchandise.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-5669 Filed 3-19-08; 8:45 am]
BILLING CODE 3510-DS-S