[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Page 26241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11119]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-822]


Certain Frozen Warmwater Shrimp From Thailand: Notice of Court 
Decision Not in Harmony With Final Results of Administrative Review and 
Notice of Amended Final Results of Administrative Review Pursuant to 
Court Decision

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

SUMMARY: On April 26, 2011, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department's) 
results of redetermination pursuant to the CIT's remand order in Ad Hoc 
Shrimp Trade Action Committee v. United States, 675 F. Supp. 2d 1287 
(CIT 2010). The Department is notifying the public that the final CIT 
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 certain frozen warmwater shrimp from 
Thailand covering the period of review (POR) of February 1, 2006, 
through January 31, 2007.

DATES: Effective Date: May 6, 2011.

FOR FURTHER INFORMATION CONTACT: Kate Johnson, AD/CVD Operations, 
Office 2, Import Administration--International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC, 20230; telephone (202) 482-4929.

SUPPLEMENTARY INFORMATION: 

Background

    On August 29, 2008, the Department published its final results in 
the antidumping duty administrative review of certain frozen warmwater 
shrimp from Thailand covering the POR of February 1, 2006, through 
January 31, 2007. See Certain Frozen Warmwater Shrimp from Thailand: 
Final Results and Final Partial Rescission of Antidumping Duty 
Administrative Review, 73 FR 50933 (August 29, 2008) (Final Results). 
In the Final Results, the Department determined that the Rubicon Group 
\1\ was not entitled to a constructed export price (CEP) offset. On 
October 24, 2008, the Rubicon Group filed a complaint with the Court 
challenging the Department's determination that the Rubicon Group was 
not entitled to a CEP offset. On July 17, 2009, the Department 
requested a voluntary remand to reconsider and further explain the CEP 
offset issue. On December 29, 2009, the Court granted the Department's 
request to reconsider and further explain its decision as to whether 
the Rubicon Group is entitled to a CEP offset. On June 18, 2010, the 
Department issued its final results of redetermination. See Final 
Results of Redetermination Pursuant to Court Remand, dated June 18, 
2010 (Remand Results) (available at http://ia.ita.doc.gov/remands). The 
remand redetermination explained that, pursuant to the Court's remand 
order, the Department reconsidered the CEP offset issue with respect to 
the Rubicon Group and determined that the Rubicon Group was entitled to 
a CEP offset adjustment to normal value in the 2006-2007 administrative 
review. On April 26, 2011, the CIT sustained the Remand Results. See 
Andaman Seafood Co., Ltd. et al. v. United States, Court No. 08-00330, 
Slip Op. 11-46 (April 26, 2011).
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    \1\ This group is comprised of the following companies: Andaman 
Seafood Co., Ltd., Chanthaburi Frozen Food Co., Ltd., Chanthaburi 
Seafoods Co., Ltd., Phatthana Seafood Co., Ltd., Phatthana Frozen 
Food Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd., Thai 
International Seafood Co., Ltd., and Rubicon Resources, LLC 
(collectively, the Rubicon Group).
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Timken Notice

    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 (CAFC 1990) (Timken), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F. 3d 1374 (CAFC 2010), pursuant to 
section 516A(c) of the Tariff Act of 1930, as amended (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. The CIT's April 26, 
2011, judgment sustaining the Department's Remand Results with respect 
to the Rubicon Group constitutes a final decision of that court that is 
not in harmony with the Departments 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.

Amended Final Results

    Because there is now a final court decision with respect to the 
Rubicon Group, the Department amends its Final Results, and the 
weighted-average margin for the Rubicon Group for the period February 
1, 2006, through January 31, 2007, is 3.00 percent.
    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 assess antidumping duties on entries of the 
subject merchandise exported during the POR from the Rubicon Group 
based on the revised assessment rates calculated by the Department.
    This notice is issued and published in accordance with sections 
516A(c)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11119 Filed 5-5-11; 8:45 am]
BILLING CODE 3510-DS-P