See Grobest II.
Following the Court's remand order inGrobest II,the Government moved the Court to enter final judgment so that the Department could re-conduct the administrative review of Grobest under section 751(a)(3) of the Tariff Act of 1930, as amended. The Court granted this motion and ordered the Department to re-conduct the administrative review of Grobest by individually investigating Grobest as a voluntary respondent and reconsidering Grobest's request for revocation in light of the results of that review. The Court also ordered the Department to treat the review of Grobest as being conducted pursuant to the deadlines listed in section 751(a)(3) of the Act, calculating the deadlines beginning from the date of the entry of final judgment.
In its decision inTimken,
as clarified byDiamond Sawblades,the CAFC 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 September 13, 2012, judgment sustaining the Department's remand redetermination to accept Amanda Foods' SRC and remand to individually review Grobest constitutes a final decision of that court that is not in harmony with the Department'Final Results.This notice is published in fulfillment of the publication requirements ofTimken.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.
See Timken, 893 F.2d at 341.
Notice of Re-Conduct of Review of Grobest
Pursuant to the Court's final judgment, the Department will re-conduct the 2008/2009 administrative review of the antidumping duty order on shrimp from Vietnam on Grobest. The Department will conduct the administrative review according to the deadlines listed in Section 751(a)(3) of the Act, calculating the deadlines beginning from the date the final judgment was entered,i.e.,September 13, 2012. The Department will also reconsider Grobest's request for revocation within the context of that review.
Amended Final Results
Because there is now a final court decision with respect to theFinal Results,the Department amends its
Final Results.The Department finds the following revised margin to exist:
Certain Frozen Warmwater Shrimp from Vietnam
Amanda Foods (Vietnam) Ltd.
The Department also amends theFinal Resultsby announcing that it is re-conducting the administrative review of Grobest, pursuant to the Court's September 13, 2012, order.
This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: October 10, 2012.
Assistant Secretaryfor Import Administration.