Honey From the People's Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review

Riepilogo

On November 18, 2008, the United States Court of International Trade ("CIT") sustained the remand redetermination issued by the Department of Commerce ("Department") pursuant to the CIT's remand order in the final results of the administrative review of the antidumping duty order on honey from the People's Republic of China. See Shanghai Eswell Enterprise Co., Ltd., et. al. v. United States, Court No. 05-00439, Slip Op. 08-124 (CIT November 18, 2008) ("Eswell II"). This case arose from the Department's final results for the period of review ("POR") December 1, 2002, through November 30, 2003. See Honey from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 38873 (July 6, 2005) ("Final Results"). 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"), the Department is notifying the public that Eswell II is not in harmony with the Department's Final Results.