[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74457-74458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29015]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Crawfish Tail Meat from the People's Republic of China: Amended 
Final Results of the Administrative Review Pursuant to Final Court 
Decision

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

EFFECTIVE DATE: December 8, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0780.

SUPPLEMENTARY INFORMATION:

Background

    This matter arose from a challenge to Freshwater Crawfish Tail Meat 
from the People's Republic of China; Notice of Final Results of 
Antidumping Duty Administrative Review, 68 FR 19504 (April 21, 2003) 
(Final Results) and accompanying Issues and Decision Memorandum (Issues 
and Decision Memo) covering the period of review September 1, 2000, 
through August 31, 2001. In the Final Results, the Department of 
Commerce (the Department) assigned China Kingdom Import & Export Co., 
Ltd. (China Kingdom) an antidumping duty assessment rate based on total 
adverse facts available because the evidence gathered at verification 
established that China Kingdom failed to report its total tail meat 
production and eight of its eleven factors of production for the period 
of review. See Final Results. Following publication of the Final 
Results, China Kingdom filed a lawsuit with the United States Court of 
International Trade (CIT) challenging the Department's Final Results.
    The CIT overturned the Department's determination in the Final 
Results to assign to China Kingdom an antidumping duty assessment rate 
based on total adverse facts available. See China Kingdom Import & 
Export Co. Ltd. v. United States, Consol. Ct. No. 03-00302, Slip Op. 
07-135 (CIT September 4, 2007) (Remand Order). In the Remand Order, the 
CIT directed the Department to calculate and assign China Kingdom a new 
antidumping duty assessment rate in full compliance with the CIT's 
directives, and that the Department support all its findings with 
substantial record evidence and include

[[Page 74458]]

a reasoned explanation for its determination. Specifically, first, the 
CIT ordered the Department to make a determination as to the 
practicability of allowing China Kingdom to explain the deficient 
responses, that is required by section 782(d) of the Tariff Act of 
1930, as amended (the Act), and, in doing so, to afford China Kingdom a 
reasonable opportunity to explain the deficiency affecting the 
information on Chaohu Daxin Foodstuff Co., Ltd.'s (Daxin) total 
production and the calculated data for eight of the eleven factors of 
production. Second, the CIT specified that once China Kingdom has 
provided its explanation regarding the deficient information, the 
Department must make the determinations required by either section 
782(d)(1) or (2) of the Act, or both, with respect to the substitute 
information. Third, the CIT ordered that the Department may use facts 
otherwise available solely to determine the total amount of Daxin's 
production of subject merchandise, and to calculate and determine the 
eight incorrectly reported factors of production during the period of 
review. Lastly, the CIT instructed that the Department may use adverse 
inferences only to a limited extent, and must demonstrate that the use 
of adverse inferences is not punitive, aberrational, or uncorroborated.
    On February 1, 2008, the Department released the draft final 
results of redetermination for comment. No party submitted comments by 
the February 11, 2008, deadline. On March 4, 2008, the Department filed 
its final results of redetermination pursuant to the CIT's order. See 
Results of Redetermination on Remand Pursuant to China Kingdom Import & 
Export Co., Ltd. v. United States. In the remand results, pursuant to 
the CIT's order, the Department recalculated China Kingdom's margin 
using adverse facts available only to a limited extent. Specifically, 
the Department only applied adverse facts available to those factors 
which China Kingdom incorrectly reported in its responses. Therefore, 
for the remand results, the Department utilized China Kingdom's 
correctly reported factors in its margin calculation. On September 12, 
2008, the CIT issued its judgment affirming the Department's remand 
results.
    On October 17, 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 Department's 
final results. See 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 61782 (October 17, 2008). There was no 
appeal of the CIT's decision to the U.S. Court of Appeals for the 
Federal Circuit filed within the appeal period. Therefore, the CIT's 
decision is now final and conclusive.

Amended Final Results of the Review

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

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin (Percent)
------------------------------------------------------------------------
China Kingdom Import & Export Co. Ltd...............               90.66
------------------------------------------------------------------------

    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 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.

    November 24, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29015 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-DS-S