[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Page 30100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12793]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Notice of Amended Final Determination of Sales at Less Than Fair 
Value Pursuant to Court Decision

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

DATES: Effective Date: May 24, 2011.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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: 202-482-2243.

Background

    This matter arose from a challenge to the results in the Department 
of Commerce's (``Department'') Notice of Final Determination of Sales 
at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp 
from the People's Republic of China, 69 FR 70997 (December 8, 2004) 
(``Final Determination'') and Notice of Amended Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order: Certain 
Frozen Warmwater Shrimp From the People's Republic of China, 70 FR 5149 
(February 1, 2005) (``Amended Final Determination''). Following 
publication of the Amended Final Determination, respondents \1\ Allied 
Pacific and Yelin, filed a lawsuit with the Court of International 
Trade (``CIT'' or the ``Court'') challenging the Department's Final 
Determination and Amended Final Determination. At issue in the 
litigation were the Department's surrogate values for two inputs: raw, 
head-on, shell-on shrimp and hours of labor used in the production of 
the subject merchandise.
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    \1\ Allied Pacific Food (Dalian) Co., Ltd., Allied Pacific 
(H.K.) Co., Ltd., King Royal Investments, Ltd., Allied Pacific 
Aquatic Products (Zhanjiang) Co., Ltd., and Allied Pacific Aquatic 
Products (Zhongshan) Co., Ltd. (collectively ``Allied Pacific'') and 
Yelin Enterprise Co. Hong Kong (``Yelin'') are Chinese producers of 
subject shrimp that were respondents in the antidumping duty 
investigation.
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    After two court ordered remands, the Department issued its second 
final results of redetermination on May 21, 2009. See Allied Pacific 
Food (Dalian) Co. Ltd. v. United States, 716 F. Supp. 2d 1339 (Ct. 
Int'l Trade 2010). In its second remand redetermination, the Department 
calculated new surrogate values for shrimp using ranged data from the 
Indian shrimp producer Devi Seafoods, Ltd. (``Devi'') and adopted a new 
surrogate labor rate. Id. at 1342. Using these revised values, the 
Department determined revised antidumping duty margins of 5.07% ad-
valorem for Allied Pacific and 8.45% ad-valorem for Yelin. Id.
    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 
determination.

Amended Final Determination

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

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                  Manufacturer/exporter                       Margin
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Allied Pacific..........................................           5.07%
Yelin...................................................           8.45%
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    The PRC-wide rate continues to be 112.81 percent as determined in 
the Department's Amended Final Determination.
    Both Allied Pacific and Yelin have received new cash deposit rates 
in subsequent reviews, so the rates listed above will not be applied as 
cash deposit rates for either company. Additionally, both Allied 
Pacific and Yelin obtained preliminary injunctions enjoining 
liquidation of all entries of subject merchandise during subsequent 
administrative review periods. Now that the litigation to which these 
injunctions pertained has been completed, the Department intends to 
issue instructions to U.S. Customs and Border Protection (``CBP'') 
fifteen days after publication of this notice notifying CBP of the 
lifting of these injunctions and instructing CBP to liquidate all 
appropriate entries, not otherwise enjoined, at the applicable rates 
for each review period.
    This notice is published in accordance with sections 735(d), 
777(i), and 516A(a)(B) of the Tariff Act of 1930, as amended.

    Dated: May 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-12793 Filed 5-23-11; 8:45 am]
BILLING CODE 3510-DS-P