[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32217-32218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12995]


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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 Court Decision Not in Harmony With Final Results and 
Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 20, 2014, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department'') final results of redetermination pursuant to remand of 
the 2009-2010 antidumping duty administrative review of certain frozen 
warmwater shrimp from the People's Republic of China (``Remand 
Redetermination'').\1\ Consistent with the decision of the United 
States Court of

[[Page 32218]]

Appeals for the Federal Circuit (``CAFC'') 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 (CAFC 
2010) (``Diamond Sawblades''), the Department is notifying the public 
that the final 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 certain frozen warmwater shrimp from the 
People's Republic of China (``PRC'') with respect to the margin 
assigned to Hilltop International (``Hilltop'') covering the period of 
review (``POR'') February 1, 2009, through January 31, 2010.\2\
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    \1\ See Final Results Of Redetermination Pursuant To Court 
Remand issued by the Department of Commerce (November 7, 2013), 
available at http://enforcement.trade.gov/remands/.
    \2\ See Administrative Review of Certain Frozen Warmwater Shrimp 
From the People's Republic of China: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 76 FR 51940 
(August 19, 2011) (``Final Results'').

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DATES: Effective Date: May 30, 2014.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, Office V, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION: On November 30, 2012, the CIT remanded this 
case to the Department for reconsideration of the Department's 
selection of the primary surrogate country.\3\ On January 9, 2013, 
based on a request from the Department, the CIT determined to ``permit 
the agency to consider new evidence concerning the question of whether 
Hilltop International provided false or incomplete information 
regarding its affiliates in the course of the fifth administrative 
review (`AR5') of this antidumping duty (`AD') order.'' \4\ Pursuant to 
the Expanded Remand Order, we reconsidered our determination in this 
review and found that Hilltop provided false and incomplete information 
regarding its affiliates and that none of its submissions could be 
relied upon.\5\ Accordingly, we found that Hilltop failed to rebut the 
presumption that it is part of the PRC-wide entity and applied total 
adverse facts available (``AFA'') to the PRC-wide entity, which 
includes Hilltop.\6\ As AFA, we applied a dumping margin of 112.81 
percent, which is the highest rate from any segment of the proceeding 
and the current PRC-wide rate.\7\ On July 23, 2013, the CIT sustained 
our Remand I with respect to the determination that Hilltop failed to 
demonstrate its eligibility for a separate rate and to apply AFA to the 
PRC-wide entity.\8\ However, the CIT remanded this case to the 
Department to reexamine and corroborate the 112.81 percent PRC-wide 
rate or choose a different countrywide rate that better reflects 
commercial reality.\9\ Pursuant to the Remand Order II, we reevaluated 
the rate applied as total AFA to the PRC-wide entity and found that it 
continues to be reliable and have probative value.\10\ The CIT 
sustained the Department's Remand Redetermination on May 20, 2014, 
making the effective date of this notice May 30, 2014.\11\
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    \3\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 12-145 (CIT November 30, 2012).
    \4\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 13-4 (CIT January 9, 2013) (``Expanded 
Remand Order'').
    \5\ See Final Results Of Redetermination Pursuant To Court 
Remand issued by the Department of Commerce (April 1, 2013), 
available at http://enforcement.trade.gov/remands/ (``Remand I'').
    \6\ Id.
    \7\ Id.
    \8\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 13-93 (CIT July 23, 2013).
    \9\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 11-00335, Slip Op. 13-93 (CIT July 23, 2013) (``Remand 
Order II'').
    \10\ See Remand Redetermination.
    \11\ See Ad Hoc Shrimp Trade Action Committee, Court Nos. 10-
00275 and 11-00335, Slip Op. 14-55 (CIT May 20, 2014).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) 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 May 20, 2014, judgment 
sustaining the Department's Remand Redetermination with respect to 
Hilltop constitutes a final decision of that court that is not in 
harmony with the Department's 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. The cash 
deposit rate will remain the rate established for the most recent 
period during which the PRC-wide entity was reviewed.\12\
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    \12\ See Certain Frozen Warmwater Shrimp From the People's 
Republic of China: Final Results of Administrative Review; 2011-
2012, 78 FR 56209 (September 12, 2013).
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Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results with respect to Hilltop's margin for the period February 
1, 2009, through January 31, 2010. The revised weighted-average dumping 
margin is as follows:

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                                                               Percent
                          Exporter                              margin
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PRC-Wide Entity \13\.......................................      112.81
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    In the event the CIT's ruling is not appealed, the Department will 
instruct U.S. Customs and Border Protection to assess antidumping 
duties on entries during the POR of the subject merchandise exported by 
Hilltop using the revised assessment rate calculated by the Department 
in the Remand Redetermination.
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
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    \13\ The PRC-wide entity includes Hilltop International.

    Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12995 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P