[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44574-44575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18882]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-847; C-122-848]


Antidumping Duty Investigation and Countervailing Duty 
Investigation of Hard Red Spring Wheat From Canada: Notice of Court 
Decision and Amended Revocation of Countervailing and Antidumping Duty 
Orders

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

SUMMARY: On April 19, 2011, the United States Court of Appeals for the 
Federal Circuit (``CAFC''), in Canadian Wheat Board v. United States, 
2010-1083 (Fed.

[[Page 44575]]

Cir. 2011) (``Wheat Board (CAFC)''), held that the Department of 
Commerce (``the Department'') was required by law to instruct U.S. 
Customs and Border Protection (``CBP'') to liquidate all unliquidated 
entries of hard red spring wheat from Canada without regard to 
antidumping and countervailing duties. The CAFC's holding is now final 
and conclusive. Consistent with that holding, we are amending the 
revocation of these orders and instructing CBP to liquidate all 
unliquidated entries pursuant to the CAFC decision in Wheat Board 
(CAFC).

DATES: Effective Date: July 26, 2011.

FOR FURTHER INFORMATION CONTACT: Christine Taylor or Nancy Decker, AD/
CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-8319 and (202) 482-0196, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Canadian Wheat Board and Canadian government challenged the 
International Trade Commission's (``ITC'') final determination that the 
United States industry was being materially injured by reason of 
imports from Canada of hard red spring wheat before a North American 
Free Trade Agreement (``NAFTA'') Panel. As a result of that litigation, 
the ITC issued a remand redetermination that concluded that a domestic 
industry was not materially injured or threatened with material injury 
by reasons of imports of Canadian hard red spring wheat, and the NAFTA 
Panel affirmed that remand redetermination. North American Free-Trade 
Agreement, Article 1904 NAFTA Panel Reviews; Completion of Panel 
Review, 71 FR 4896 (Jan. 30, 2006). The Department therefore revoked 
the antidumping and countervailing duty orders of hard red spring wheat 
from Canada, effective January 2, 2006. See Antidumping Duty 
Investigation and Countervailing Duty Investigation of Hard Red Spring 
Wheat from Canada: Notice of Panel Decision, Revocation of 
Countervailing and Antidumping Duty Orders and Termination of 
Suspension of Liquidation, 71 FR 8275 (Feb. 16, 2006). The Department's 
revocation stated, however, that the revocation did not ``affect the 
liquidation of entries made prior to January 2, 2006'' See Id.
    The Canadian Wheat Board and Canadian government challenged the 
Department's determination that its revocation did not apply to pre-
January 2, 2006, entries at the Court of International Trade (``CIT''). 
On September 1, 2009, the CIT held that the Department must direct CBP 
to liquidate all pre-January 2, 2006, entries without regard to 
antidumping and countervailing duties. See Canadian Wheat Board v. 
United States, 637 F. Supp. 2d 1329 (Sept. 1, 2009). The Department 
appealed the CIT's holding and, on April 19, 2011, in Wheat Board 
(CAFC), the CAFC reached the same conclusion as the CIT. See Wheat 
Board (CAFC), 2010-1083 at *18.
    Accordingly, the Department is now amending its February 16, 2006, 
revocation of the antidumping and countervailing duty orders covering 
hard red spring wheat from Canada, and will instruct CBP to: (1) 
Release any cash deposits or bonds, and proceed with liquidation of all 
unliquidated entries of hard red spring wheat from Canada without 
regard to antidumping duties and countervailing duties; and (2) refund, 
with interest, antidumping and countervailing duty cash deposits 
collected pursuant to the revoked antidumping and countervailing duty 
orders.

    Dated: July 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-18882 Filed 7-25-11; 8:45 am]
BILLING CODE 3510-DS-P