Slip Op. 05- 166

UNITED STATES COURT OF INTERNATIONAL TRADE

BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS

________________________________________

CRAWFISH PROCESSORS ALLIANCE; :

LOUISIANA DEPARTMENT OF :

AGRICULTURE AND FORESTRY; :

BOB ODOM, COMMISSIONER, :

:

Plaintiffs, :

:

v. :

:

UNITED STATES, :

:

Defendant, :

:

and : Consol. Court No.

: 02-00376

HONTEX ENTERPRISES, INC., d/b/a :

LOUISIANA PACKING COMPANY; :

QINGDAO RIRONG FOODSTUFF CO., LTD. :

and YANCHENG HAITENG AQUATIC :

PRODUCTS & FOODS CO., LTD; :

BO ASIA, INC., GRAND NOVA :

INTERNATIONAL, INC., PACIFIC :

COAST FISHERIES CORP., :

FUJIAN PELAGIC FISHERY GROUP CO., :

QINGDAO ZHENGRI SEAFOOD CO., LTD. :

and YANGCHENG YAOU SEAFOOD CO., :

:

Defendant-Intervenors :

and Plaintiffs. :

________________________________________:

JUDGMENT

In Crawfish Processors Alliance v. United States, 29 CIT ___,

395 F. Supp. 2d 1330 (2005), the Court remanded this matter to the

United States Department of Commerce (“Commerce”) with instructions

to either: (1)(a) explain with specificity how the interactions

between Jiangsu Hilong International Trade Co., Ltd. (“Jiangsu”)

and Ningbo Nanlian Frozen Foods Company, Ltd. (“Nanlian”) indicate

that one company has control over the other or both, especially how

the invoices from Jiangsu to Hontex Enterprises, Inc., d/b/a

Louisiana Packing Company created a business relationship with

Nanlian during the September 1, 1999, to August 31, 2000, period of

review, and (b) explain with specificity how Mr. Wei’s contacts
Consol. Court No. 02-00376 Page 2

with Jiangsu and Nanlian demonstrate control of either company on

behalf of the other or control over both; and (2) if Commerce is

unable to provide substantial evidence supporting its collapsing

decision, then it is to treat Jiangsu and Nanlian as unaffiliated

entities and assign separate company specific antidumping duty

margins using verified information on the record. See Crawfish

Processors Alliance, 29 CIT at ___, 395 F. Supp. 2d at 1337.

On December 9, 2005, Commerce filed its Final Results of

Determination Pursuant to Court Remand (“Final Results”). For its

Final Results, Commerce determined that without the presumption of

affiliation between Jiangsu and Nanlian, the invoices and Mr. Wei’s

contacts between the two companies is insufficient to sustain its

earlier determination to collapse the two companies. See Final

Results at 5. Therefore, Commerce is treating Jiangsu and Nanlian

as unaffiliated entities. See id. Accordingly, Nanlian’s

antidumping duty margin for the period September 1, 1999, to August

31, 2000, is 62.51 percent. See id. at 6. Commerce did not

initiate a review of Jiangsu during the period of review, only

reviewing Jiangsu’s information as part of the collapsed

Jiangsu/Nanlian entity, thus Jiangsu does not have a separate

entity margin for the period of review. See id.

This Court, having received and reviewed Commerce’s Final

Results, and having received no comments from the parties, holds

that Commerce duly complied with the Court’s remand order, and it

is hereby

ORDERED that Commerce’s Final Results are reasonable,

supported by substantial evidence, and is otherwise in accordance

with law; and it is further

ORDERED that the Final Results filed by Commerce on December

9, 2005, are affirmed in their entirety; and it is further

ORDERED that since all other issues have been decided, this

case is dismissed.

 /s/ Nicholas Tsoucalas 

NICHOLAS TSOUCALAS

 SENIOR JUDGE

Dated: December 29, 2005

New York, New York