See Notice of Preliminary Determination of Sales at Less Than Fair Value, Partial Affirmative Preliminary Determination of Critical Circumstances and Postponement of Final Determination: Certain Frozen and Canned Warmwater Shrimp From the People's Republic of China,69 FR 42654 (July 16, 2004) (“Preliminary Determination”).
See Red Garden 2012 Final Remandat 12-13;see alsoMemorandum to the File; RE: Red Garden Final Determination Analysis Memorandum dated November 29, 2004, at SAS LOG lines 552-612.
On April 5, 2012, the Department released the draft redetermination of remand and invited interested parties to comment. The Department received no comments on the draft redetermination.8
On October 23, 2012, the CIT affirmed all aspects of the Department's remand redetermination.9
See Shantou Red Garden Foodstuff Co., Ltd.v.United States,Slip Op. 12-07, Court No. 05-00080, Draft Results of Redetermination Pursuant to Court Remand (April 5, 2012) and Red Garden Analysis Memorandum for the Draft Results of Redetermination (“Draft Results Analysis Memo”).
See Shantou Red Garden Foodstuff Co., Ltd.,v.United States,Slip Op. 12-133 (CIT 2012).
In its decision inTimken,893 F.2d at 341, as clarified byDiamond Sawblades,the CAFC has held that, pursuant to section 516A(e) of 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 October 23, 2012, judgment sustaining theRed Garden 2012 Final Remandconstitutes a final decision of that court that is not in harmony with thePRC Final DeterminationandPRC Amended Final Determination & Order.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. The cash deposit rate will remain the company-specific rate established for the subsequent and most recent period during which the respondent was reviewed.
Amended Final Determination
Because there is now a final court decision with respect to Red Garden, the revised dumping margin is as follows:
Shantou Red Garden Foodstuff Co., Ltd
Shantou Red Garden Foodstuff Co., Ltd.
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 31, 2012.
Assistant Secretary for Import Administration.