Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review

Résumé

On June 24, 2013, the United States Court of International Trade ("CIT" or "Court") sustained the Department of Commerce's ("Department") final results of the third remand redetermination \1\ relating to the ninth administrative review of the antidumping duty order on fresh garlic from the People's Republic of China ("PRC"), pursuant to the CIT's remand order in Taian Ziyang Food Co., Ltd. v. United States, Court No. 05-00399, Slip. Op. 13-80 (CIT 2013). 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 (Fed. Cir. 2010) ("Diamond Sawblades"), the Department is notifying the public that the final CIT judgment in this case is not in harmony with the Department's final results and is amending its final results of the administrative review of the antidumping duty order on fresh garlic from the PRC covering the period of review ("POR") of November 1, 2002 through October 31, 2003, with respect to the weighted-average dumping margins assigned to Zhengzhou Harmoni Spice Co., Ltd., Jinan