[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Notices]
[Page 40696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16347]



[[Page 40696]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Determination of Sales at Less Than 
Fair Value and 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.

SUMMARY: On June 18, 2013, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department's) 
final results of remand redetermination in which it determined that 
critical circumstances did not exist during the less than fair value 
investigation pursuant to the CIT's remand order in Zhejiang Native 
Produce & Animal By-Products Import & Export Corp. v. United States, 
Court No. 02-00057, Slip Op. 11-110 (September 6, 2011).\1\ Consistent 
with the decision of the United States Court of Appeals for the Federal 
Circuit (Federal Circuit) 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 CIT 
judgment in this case is not in harmony with the Department's Notice of 
Final Determination of Sales at Less Than Fair Value; Honey from the 
People's Republic of China, 66 FR 50608 (October 4, 2001) (Final 
Determination) and is amending its Final Determination.
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    \1\ See Final Results of Redetermination Pursuant to Court 
Remand Zhejiang Native Produce & Animal By-Products Import & Export 
Corp., et al. v. United States Court No. 02-00057 (March 22, 2012) 
(Remand Results).

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DATES: Effective Date: July 8, 2013.

FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Room 7850, Washington, DC 20230; telephone 
(202) 482-0195 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 22, 2013, the Department issued the Remand Results. The 
Department provided an extensive background of this case in its 
previous results of redetermination pursuant to remand.\2\ In the 
Remand Results, the Department found that that importers did not know, 
or could not have known, that honey from the People's Republic of China 
was being sold at less than fair value, and that therefore no critical 
circumstances existed for any entity examined during the investigation.
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    \2\ See Zhejiang Native Produce & Animal By-Products Import & 
Export Corp., et al., v. United States, Results of Redetermination 
Pursuant to Remand (December 8, 2010), at 2-8.
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    On June 18, 2013, the CIT sustained the Department's Remand 
Results, stating that the Department's determination that critical 
circumstances did not exist was supported by substantial evidence and 
was in accordance with the law.\3\
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    \3\ See Zhejiang Native Produce & Animal By-Products Imp. & Exp. 
Corp. v. United States, Court No. 02-00057, Slip Op. 13-76 (Ct. 
Int'l Trade June 18, 2013).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the Federal Circuit held that, pursuant to section 516A(e) 
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 June 18, 2013, 
judgment in this case constitutes a final decision of that court that 
is not in harmony with the Department's Final Determination. 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 Less Than Fair Value Determination

    Because there is now a final court decision with respect to this 
case, the Department amends its final less than fair value 
determination to reflect that critical circumstances did not exist for 
any company or entity in the investigation. In the event the CIT's 
ruling is not appealed or, if appealed, upheld by the Federal Circuit, 
the Department will instruct CBP to liquidate entries that were 
suspended, due to the original affirmative critical circumstances 
finding, without regard to antidumping duties, and to lift suspension 
of liquidation of such entries.\4\
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    \4\ The Department does not intend to instruct CBP to liquidate 
any entries at issue that otherwise continue to be suspended 
pursuant to a separate injunction in another case.
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    This notice is issued and published in accordance with sections 
516A(c)(1), 735(d), and 777(i)(1) of the Act.

    Dated: June 28, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-16347 Filed 7-5-13; 8:45 am]
BILLING CODE 3510-DS-P