[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39939-39940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15811]


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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 of Administrative Review 
Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 11, 2008.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva, 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- 482-3208.

SUPPLEMENTARY INFORMATION:

Background

    This matter arose from a challenge to the results in the Department 
of Commerce's (the ``Department'') Notice of 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 FR 19546 (April

[[Page 39940]]

22, 2002) (``Final Results'') and accompanying Issues and Decision 
Memorandum (``Memo''), covering the period of review (``POR''), 
September 1, 1999 August 31, 2000. Following publication of the Final 
Results, Fujian Pelagic Fishery Group Co. (``Fujian'') and Pacific 
Coast Fishery Corp. (``Pacific Coast''), filed a lawsuit with the 
United States Court of International Trade (``CIT'') challenging the 
Department's Final Results. In the Final Results, the Department 
determined that Fujian and Pacific Coast were not affiliated pursuant 
to section 771(33) of the Tariff Act of 1930, as amended (``the Act''). 
See Memo at Comment 18. Fujian and Pacific Coast challenged the 
Department's determination and the CIT affirmed the Department's 
determination that Fujian and Pacific Coast were not affiliated parties 
because ``Fujian had not made an investment, whether in cash or in the 
form of a promissory note, in Pacific Coast'' and because ``Fujian did 
not exercise control over Pacific Coast.'' See Crawfish Processors 
Alliance, et al. v. United States, 343 F. Supp. 2d 1242, 1269 (CIT 
2004).
    Fujian and Pacific Coast timely appealed the CIT's decision with 
the United States Court of Appeals for the Federal Circuit (``CAFC''). 
The only issue considered on appeal was whether Fujian and Pacific 
Coast were affiliated parties pursuant to section 771(33)(E) of the 
Act. The CAFC reversed the CIT's affirmance of the Department's 
determination that Fujian and Pacific Coast were not affiliated because 
section 771(33)(E) of the Act does not require ``proof of full payment 
in cash or merchandise during the review period to show affiliation'' 
and that Fujian and Pacific Coast ``have presented sufficient evidence 
to show that Fujian directly or indirectly owns at least 5% of Pacific 
Coast's shares.'' See Crawfish Processors Alliance, et al. v. United 
States, 477 F.3d 1375, 1384 (Fed. Cir. 2007). The CAFC remanded the 
case to the CIT for proceedings consistent with its opinion. Therefore, 
on October 30, 2007, the CIT directed the Department to recalculate the 
antidumping duty margin treating Fujian and Pacific Coast as affiliated 
parties in compliance with the CAFC's decision and mandate.
    On December 11, 2007, the Department released the draft final 
results of redetermination for comment. No party submitted comments by 
the December 20, 2007, deadline. On January 24, 2008, the Department 
filed its final results of redetermination pursuant to remand with the 
CIT. See Final Results of Redetermination Pursuant to Court Remand, 
Court No. 02-00376 (January 24, 2008) (``Final Redetermination''), 
found at http://ia.ita.doc.gov/remands/07-156.pdf. In the remand 
redetermination, pursuant to the CIT's order, the Department considered 
Fujian and Pacific Coast affiliated parties under section 771(33)(E) of 
the Act and recalculated Fujian's dumping margin using Pacific Coast's 
CEP sales data. On March 5, 2008, the CIT sustained all aspects of the 
remand redetermination made by the Department pursuant to the CIT's 
remand of the Final Results. See Crawfish Processors Alliance v. United 
States, Slip Op. 08-27 (March 5, 2008).
    On March 20, 2008, consistent with the decision in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified 
the public that the CIT's decision was not in harmony with the 
Department's final results. See Freshwater Crawfish Tail Meat from the 
People's Republic of China: Notice of Court Decision Not In Harmony 
With Final Results of Administrative Review, 73 FR 14960 (March 20, 
2008). No party appealed the CIT's decision. As there is now a final 
and conclusive court decision in this case, we are amending our Final 
Results.

Amended Final Results

    As the litigation in this case has concluded, the Department is 
amending the Final Results to reflect the results of our remand 
determination. The revised dumping margin in the amended final results 
is as follows:

------------------------------------------------------------------------
                            Exporter                              Margin
------------------------------------------------------------------------
Fujian.........................................................   60.83%
------------------------------------------------------------------------

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to liquidate entries of freshwater crawfish tail meat from 
the People's Republic of China during the review period at the 
assessment rate the Department calculated for the final results of 
review as amended. We intend to issue the assessment instructions to 
CBP 15 days after the date of publication of these amended final 
results of review.
    This notice is published in accordance with sections 751(a)(1) and 
777(i) of the Act.

    Dated: July 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-15811 Filed 7-10-08; 8:45 am]
BILLING CODE 3510-DS-S