[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Page 30648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13099]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative Review 
in Accordance With Final Court Decision

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


DATES: Effective Date: May 26, 2011.

SUMMARY: On February 14, 2011, the United States Court of Appeals for 
the Federal Circuit (``CAFC'') affirmed the United States Court of 
International Trade (``CIT'') decision sustaining the Department of 
Commerce (``Department'') redetermination on remand of the 2005-2006 
administrative review of freshwater crawfish tail meat (``crawfish tail 
meat'') from the People's Republic of China (``PRC'').\1\ In this 
redetermination the Department applied total adverse facts available 
(``AFA'') and assigned the respondent, Xuzhou Jinjiang Foodstuffs Co., 
Ltd. (``Xuzhou''), an AFA rate of 188.52 percent. As there is now a 
final and conclusive court decision, the Department is amending its 
final results.
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    \1\ See Washington International Insurance Company v. United 
States, Court No. 08-CV-0156, United States Court of Appeals for the 
Federal Circuit (Fed. Cir. February 14, 2011) (Rule 36 affirmance) ; 
see also Washington International Insurance Company v. United 
States, Court No. 08-00156, Slip Op. 10-16 (CIT February 9, 2010) 
(``Washington Int'l Insurance Co., Slip Op. 10-16'').

FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Jeffrey Pedersen, 
AD/CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
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3627 and (202) 482-2769, respectively.

SUPPLEMENTARY INFORMATION: On April 15, 2008, the Department published 
its final results of the antidumping duty administrative review of 
crawfish tail meat from the PRC covering the period September 1, 2005, 
through August 31, 2006.\2\ In the 2005-2006 Final Results, the 
Department found that Xuzhou failed to report all of its U.S. sales of 
subject merchandise and assigned Xuzhou the highest rate in the 
proceeding as total AFA, i.e., the PRC-wide rate of 223.01 percent. The 
surety to an importer of subject merchandise from Xuzhou during the 
2005-2006 period of review, Washington International Insurance Company 
(``Washington International'') challenged the 2005-2006 Final Results 
and moved for judgment upon the agency record.
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    \2\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Final Results and Partial Rescission of the 2005-2006 
Antidumping Duty Administrative Review and Rescission of 2005-2006 
New Shipper Reviews, 73 FR 20249 (April 15, 2008) (``2005-2006 Final 
Results'').
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    On July 29, 2009, the CIT remanded the case for the Department to 
reconsider whether circumstances warranted partial or total AFA and for 
redetermination of an AFA rate that more closely reflected Xuzhou's 
then-current market practices during the period of review.\3\
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    \3\ See Washington International Insurance Company v. United 
States, Court No. 08-00156, Slip Op. 09-78 (CIT July 29, 2009).
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    In its remand redetermination, dated October 26, 2009, the 
Department continued to find that total AFA was warranted because there 
were such extensive omissions in the submitted data that Xuzhou's 
information on the record could not serve as a reasonably accurate, 
reliable basis for reaching a determination. However, the Department 
revised the AFA rate for Xuzhou to 188.52 percent.
    On February 9, 2010, the CIT sustained the Department's remand 
redetermination, affirming both the application of total AFA and the 
revised AFA rate for Xuzhou.\4\
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    \4\ See Washington Int'l Insurance Co., Slip Op. 10-16.
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    Consistent with the CAFC decision in Timken Co. v. United States, 
893 F.2d 337 (Fed. Cir. 1990), the Department published in the Federal 
Register a notice of a court decision that is not ``in harmony'' with 
the Department's final determination.\5\ In this notice, the Department 
stated that it would amend the 2005-2006 Final Results upon a final and 
conclusive court decision in this action.
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    \5\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Notice of Decision of the Court of nternational Trade Not 
in Harmony, 75 FR 16427 (April 1, 2010).
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    On April 7, 2010, Washington International filed an appeal of the 
CIT's decision affirming the Department's remand results. On February 
14, 2011, the CAFC affirmed the CIT's decision under CAFC Rule 36, 
which allows the Court to enter judgment of affirmance without written 
opinion. The period for appeal expired on May 16, 2011. Accordingly, 
the Department is amending its 2005-2006 Final Results.

Amended Final Results of Review

    Because there is now a final and conclusive decision in the Court 
proceeding, the Department is amending the final results of the 2005-
2006 antidumping duty administrative review of crawfish tail meat from 
the PRC to reflect the revised AFA margin of 188.52 percent for Xuzhou 
for the period September 1, 2005, through August 31, 2006.

Assessment

    The cash deposit rate for Xuzhou will continue to be the company-
specific rate established for the company in the subsequent and most 
recent period during which it was reviewed. See Freshwater Crawfish 
Tail Meat From the People's Republic of China: Final Results of 
Antidumping Duty Administrative and New-Shipper Reviews, 75 FR 79337 
(December 20, 2010). The Department intends to issue liquidation 
instructions to U.S. Customs and Border Protection 15 days after 
publication of these amended final results in the Federal Register.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13099 Filed 5-25-11; 8:45 am]
BILLING CODE 3510-DS-P