[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22370-22371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10009]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-838, A-331-802, A-533-840, A-570-893, A-549-822, A-552-802]
Certain Frozen Warmwater Shrimp From Brazil, Ecuador, India, the
People's Republic of China, Thailand, and the Socialist Republic of
Vietnam: Notice of Court Decision Not in Harmony With the Final
Determinations and Amended Final Determinations of the Antidumping Duty
Investigations
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 14, 2010, the United States Court of International
Trade (``CIT'') sustained the remand
[[Page 22371]]
redetermination issued by the Department of Commerce (``Department'')
pursuant to the CIT's remand order in the final and amended final
determinations of the antidumping duty investigations of certain frozen
warmwater shrimp from Brazil, Ecuador, India, the People's Republic of
China, Thailand, and the Socialist Republic of Vietnam. See Ad Hoc
Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian
Ridge Shrimp Company v. United States, Slip Op. 10-39 (CIT 2010) (Ad
Hoc IV). This case arises out of the Department's final determinations
\1\ and amended final determinations \2\ in the original
investigations. 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), the
Department is notifying the public that Ad Hoc IV is not in harmony
with the Shrimp AD Final Determinations and Shrimp AD Amended Finals
and Orders.
---------------------------------------------------------------------------
\1\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Frozen and Canned Warmwater Shrimp From Brazil, 69 FR
76910 (December 23, 2004) (Brazil Final Determination); Notice of
Final Determination of Sales at Less Than Fair Value: Certain Frozen
and Canned Warmwater Shrimp From Ecuador, 69 FR 76913 (December 23,
2004) (Ecuador Final Determination); Notice of Final Determination
of Sales at Less Than Fair Value and Negative Final Determination of
Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp
From India, 69 FR 76916 (December 23, 2004) (India Final
Determination); Notice of Final Determination of Sales at Less Than
Fair Value: Certain Frozen and Canned Warmwater Shrimp from the
People's Republic of China, 69 FR 70997 (December 8, 2004) (China
Final Determination); Notice of Final Determination of Sales at Less
Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from
Thailand, 69 FR 76918 (December 23, 2004) (Thailand Final
Determination); Final Determination of Sales at Less Than Fair
Value: Certain Frozen and Canned Warmwater Shrimp From the Socialist
Republic of Vietnam, 69 FR 71005 (December 8, 2004) (Vietnam Final
Determination); collectively the Shrimp AD Final Determinations.
\2\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Brazil, 70 FR 5143 (February 1, 2005) (Brazil Amended
Final Determination & Order); Notice of Amended Final Determination
of Sales at Less Than Fair Value and Antidumping Duty Order: Certain
Frozen Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005)
(Ecuador Amended Final Determination & Order); Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147
(February 1, 2005) (India Amended Final Determination & Order);
Notice of Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp
from the People's Republic of China, 70 FR 5149 (February 1, 2005)
(China Amended Final Determination & Order); Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater Shrimp from Thailand, 70 FR 5145
(February 1, 2005) (Thailand Amended Final Determination & Order);
Notice of Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam, 70 FR 5152 (February 1,
2005) (Vietnam Amended Final Determination & Order); collectively,
the Shrimp AD Amended Finals and Orders.
---------------------------------------------------------------------------
DATES: Effective Date: April 28, 2010.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Ave., NW.,
Washington, DC 20230; telephone: (202) 482-2312.
SUPPLEMENTARY INFORMATION:
On July 1, 2009, the CIT remanded to the Department its decision to
exclude dusted shrimp from the scope of the investigations, stating
that the Department's decision was unsupported by adequate reasoning
and therefore contrary to law. See Ad Hoc Shrimp Trade Action
Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company
v. United States, Slip Op. 09-69 (CIT 2009) (Remand Opinion and Order).
Pursuant to the CIT's remand instructions, the Department re-examined
record evidence and considered whether dusted shrimp should be within
the scope of the investigations.
The Department released the Draft Results of Redetermination
Pursuant to Court Remand (Draft Redetermination) to the interested
parties for comment on September 22, 2009. After receiving and
considering the comments from interested parties, on October 29, 2009,
the Department filed its final results of redetermination pursuant to
the Remand Opinion and Order with the CIT. See Final Results of
Redetermination Pursuant to Court Remand, Court No. 05-00192, (October
29, 2009) (Final Redetermination), found at http://ia.ita.doc.gov/remands/09-69.pdf. In the remand redetermination, the Department
determined that dusted shrimp should properly be included within the
scope of the Shrimp AD Final Determinations and Shrimp AD Amended
Finals and Orders.\3\ On April 14, 2010, the CIT affirmed all aspects
of the Department's remand redetermination.
---------------------------------------------------------------------------
\3\ As is often the case, the amended final determinations and
antidumping duty orders were written and published as one document.
Thus, although the amended final determinations and orders may be
referenced together as the Shrimp AD Amended Finals and Orders, only
the scope of the Shrimp AD Final Determinations and subsequent
amended final determinations are at issue in this remand
determination.
---------------------------------------------------------------------------
In its decision in Timken, 893 F.2d at 341, the Federal Circuit
held that, pursuant to section 516A(e) of the Tariff Act of 1930, as
amended (``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. As a result of the Department's finding that dusted shrimp
should properly be included within the scope of the Shrimp AD Final
Determinations and Shrimp AD Amended Finals and Orders, the CIT's
decision in this case on April 14, 2010, constitutes a final decision
of that court that is not in harmony with the Department's final and
amended final determinations of the original investigations. 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. In the event the CIT's ruling is not appealed or, if
appealed, upheld by the Federal Circuit, the Department will instruct
U.S. Customs and Border Protection to collect cash deposits for entries
of dusted shrimp.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: April 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10009 Filed 4-27-10; 8:45 am]
BILLING CODE 3510-DS-P