[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32222-32223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12998]


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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 2008-2009 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 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, 2008, through January 31, 
2009.\2\
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    \1\ See Results Of Redetermination Pursuant To Court Remand 
issued by the Department of Commerce (November 4, 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, 75 FR 49460 
(August 13, 2010) (``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 July 19, 2013, the CIT remanded this case 
to the Department for reconsideration \3\ pursuant to the order of the 
CAFC in Ad Hoc Shrimp Trade Action Committee v. United States, No. 
2012-1416 (Fed. Cir. 2013), which granted the Department's request for 
a voluntary remand in this matter to allow for reconsideration in light 
of information discovered in the sixth administrative review of this 
proceeding.\4\ Pursuant to the 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. 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. 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, and reevaluated that margin 
to ensure that it continues to be reliable and have probative value.\5\ 
The CIT sustained the Department's Remand Redetermination on May 20, 
2014, making the effective date of this notice May 30, 2014.\6\
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    \3\ See Ad Hoc Shrimp Trade Action Committee v. United States, 
Court No. 10-00275, Slip Op. 13-89 (CIT July 19, 2013) (``Remand 
Order'').
    \4\ See Administrative Review of Certain Frozen Warmwater Shrimp 
From the People's Republic of China: Final Results, Partial 
Rescission of Sixth Antidumping Duty Administrative Review and 
Determination Not To Revoke in Part, 77 FR 53856 (September 4, 
2012).
    \5\ See Remand Redetermination.
    \6\ 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.\7\
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    \7\ 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, 2008, through January 31, 2009. The revised weighted-average dumping 
margin is as follows:

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                                                               Percent
                          Exporter                              margin
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PRC-Wide Entity \8\........................................      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

[[Page 32223]]

the revised assessment rate calculated by the Department in the Remand 
Redetermination.
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    \8\ The PRC-wide entity includes Hilltop International.
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12998 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P