[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13983-13984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5918]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Court Decision 
Not in Harmony With Final Results and Amended Final Results of Review

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

SUMMARY: On March 1, 2011, the United States Court of International 
Trade (``CIT'') sustained in an unpublished judgment the Department of 
Commerce's (``the Department'') final results of redetermination as 
applied to respondent Shenzhen Greening Trading Co., Ltd. 
(``Greening'') pursuant to the CIT's order granting the Department's 
voluntary remand request in Shandong Chenhe International Trading Co., 
Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court 
No. 09-00246 (Ct. Int'l Trade April 22, 2010). See Final Results of 
Redetermination Pursuant to Voluntary Remand, Court No. 09-00246, dated 
July 30, 2010, available at http://ia.ita.doc.gov/remands (``Remand 
Results''); Shandong Chenhe International Trading Co., Ltd. and 
Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09-
00246 (Ct. Int'l Trade March 1, 2011) (``Judgment''). Consistent with 
the decision of the United States Court of Appeals for the Federal 
Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond 
Sawblades''), the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's final 
results and is amending the final results of the administrative review 
of the antidumping duty order on fresh garlic from the People's 
Republic of China (``PRC'') covering the period of review (``POR'') of 
November 1, 2006, through October 31, 2007 with respect to Greening. 
See Fresh Garlic From the People's Republic of China: Final Results and 
Partial Rescission of the 13th Antidumping Duty Administrative Review 
and New Shipper Reviews, 74 FR 29174 (June 19, 2009) (``Final 
Results''), and accompanying Issues and Decision Memorandum at Comment 
11.

DATES: Effective Date: March 11, 2011.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay or David Lindgren, 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 or (202) 482-3870.

SUPPLEMENTARY INFORMATION:

Background

    On June 19, 2009, the Department issued its Final Results, where it 
determined that neither Shandong Chenhe International Trading Co., Ltd. 
(``Chenhe'') nor Greening submitted a separate rate application or 
certification, and neither company informed the Department that they 
had no shipments of subject merchandise during the POR within the 
deadlines provided in the separate rate applications and 
certifications. See Final Results and accompanying Issues and Decision 
Memorandum at Comment 11. Accordingly, for the six months of the POR 
not covered by the concurrently conducted new shipper review (``NSR''), 
we determined that Chenhe and Greening had not established that they 
were each entitled to a separate rate, and without timely filed no-
shipment certifications, Chenhe and Greening should be deemed to be 
part of the PRC-wide entity. Id. See also Fresh Garlic from the 
People's Republic of China: Initiation of Antidumping Duty New Shipper 
Reviews, 72 FR 38057 (July 12, 2007).
    Chenhe and Greening timely challenged the Department's 
determination not to rescind the administrative review with respect to 
both companies to the CIT. On April 22,

[[Page 13984]]

2009, the CIT granted the United States' motion for voluntary remand to 
reconsider whether the separate rate application or other relevant 
judicial or administrative precedent support a finding that Chenhe and 
Greening were on notice that they were required to submit, within a set 
deadline, a certification that they had no shipments during the POR in 
order for the Department to consider rescinding the administrative 
review as to both companies.
    On July 30, 2010, the Department issued its final results of 
redetermination. See Remand Results. In the redetermination, the 
Department reconsidered the specific circumstances surrounding Chenhe's 
and Greening's no-shipment certifications and rescinded the 
administrative review for both Chenhe and Greening, pending affirmance 
by the CIT. Id. On February 16, 2011, Chenhe moved to dismiss, with 
prejudice, its complaint and the CIT granted the motion on February 18, 
2011. Subsequently, on March 1, 2011, the CIT sustained the 
Department's remand redetermination with respect to Greening. See 
Judgment.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``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. The CIT's March 1, 2011 Judgment 
sustaining the Department's Remand Results with respect to Greening 
constitutes a final decision of that court that is not in harmony with 
the Department's Final Results. This notice is published in fulfillment 
of the publication requirements of Timken. The cash deposit rate will 
remain the company-specific rate established for the subsequent and 
most recent period during which Greening was reviewed. See Fresh Garlic 
from the People's Republic of China: Final Results and Partial 
Rescission of the 14th Antidumping Duty Administrative Review, 75 FR 
34976 (June 21, 2010). However, because Greening had no shipments 
during the POR not covered by the NSR, there are no entries to suspend 
during the administrative review POR and, therefore, the Department 
does not find it necessary to instruct United States Customs and Border 
Protection to continue to suspend the liquidation of entries pending a 
``conclusive'' court decision.

Amended Final Results

    Because there is now a final court decision with respect to 
Greening, the Department amends its Final Results, and is rescinding 
its review of Greening for the administrative review POR. See Judgment; 
Remand Results.
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: March 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5918 Filed 3-11-11; 4:15 pm]
BILLING CODE 3510-DS-P