News

AquaContacts Mail Group News

October 21, 2004, Number 1

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[Federal Register: October 20, 2004 (Volume 69, Number 202)]
[Notices]
[Page 61636-61637]
From the Federal Register Online via GPO Access

[DOCID:fr20oc04-26]
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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-848]

Freshwater Crawfish Tail Meat from the People's Republic of
China; Notice of Final Results of Antidumping Duty Administrative
Review, and Final Rescission of Review, in Part

AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On June 14, 2004, the Department of Commerce (the Department)
published the preliminary results of its administrative review of the
antidumping duty order on freshwater crawfish tail meat from the
People's Republic of China (PRC). See Freshwater Crawfish Tail Meat
from the People's Republic of China: Notice of Preliminary Results of
Antidumping Duty Administrative Review and Intent to Rescind, in Part,
69 FR 32979 (Preliminary Results). We invited interested parties to
submit comments and only received comments pertaining to the company
the review of which we had preliminarily determined to rescind. These
comments are addressed below in the section Final Rescission of
Administrative Review, in Part. The final antidumping duty rates are
set forth in the section Final Results of Review below. The
administrative review covers the period September 1, 2002, through
August 31, 2003.

EFFECTIVE DATE: October 20, 2004.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Matthew Renkey,
Antidumping/Countervailing Duty Operations, Office VI, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-1386 or (202) 482-2312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 14, 2004, the Department published the preliminary results
of its administrative review of the antidumping duty order on
freshwater crawfish tail meat from the PRC. See Preliminary Results.
The administrative review covers the period September 1, 2002, through
August 31, 2003. The review covers the following companies: Hubei
Qianjiang Houhu Cold & Processing Factory (Hubei Houhu), Shouzhou
Huaxiang Foodstuffs Co., Ltd. (Shouzhou Huaxiang), Qingdao Jinyongxiang
Aquatic Foods Co., Ltd. (Qingdao JYX), and Nantong Shengfa Frozen Food
Co., Ltd. (Nantong Shengfa). We are rescinding the review for Shanghai
Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean Flavor).


Scope of the Antidumping Duty Order

    The product covered by the antidumping duty order is freshwater
crawfish tail meat, in all its forms (whether washed or with fat on,
whether purged or unpurged), grades, and sizes; whether frozen, fresh,
or chilled; and regardless of how it is packed, preserved, or prepared.
Excluded from the scope of the order are live crawfish and other whole
crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are
saltwater crawfish of any type, and parts thereof. Freshwater crawfish
tail meat is currently classifiable in the Harmonized Tariff Schedule
of the United States (HTSUS) under item numbers 1605.40.10.10,
1605.40.10.90, 0306.19.00.10 and 0306.29.00.00. The HTSUS subheadings
are provided for convenience and customs purposes only. The written
description of the scope of this order is dispositive.

Final Rescission of Administrative Review, in Part

Shanghai Ocean Flavor

    In the Preliminary Results, the Department stated its intention to
rescind the administrative review with respect to Shanghai Ocean Flavor
because we were conducting a new shipper review that covered all of
Shanghai Ocean Flavor's exports during the period of review (POR). See
19 CFR 351.214(j). We received no comments. Subsequent to the
Preliminary Results, and subsequent to the due date for comments on the
Preliminary Results, the Department rescinded the new shipper review of
Shanghai Ocean Flavor. See Notice of Rescission of Antidumping Duty New
Shipper Review of Shanghai Ocean Flavor International Trading Co.,
Ltd.: Freshwater Crawfish Tail Meat from the People's Republic of
China, 69 FR 45674 (July 30, 2004). Because we rescinded Shanghai Ocean
Flavor's new shipper review after the due date for comments on our
preliminary decision to rescind the administrative review, we provided
parties with another opportunity to comment on the treatment of
Shanghai Ocean Flavor in the administrative review. See the
Department's letter to parties regarding the treatment of Shanghai
Ocean Flavor, dated September 3, 2004.
    On September 10, 2004, the petitioners withdrew their request for
an administrative review of Shanghai Ocean Flavor. Shanghai Ocean
Flavor did not submit any comments on, nor did it object to,
petitioners' withdrawal of their review request. The applicable
regulation, 19 CFR 351.213(d)(1), states that if a party that requested
an administrative review withdraws the request within 90 days of the
date of publication of the notice of initiation of the requested
review, the Secretary will rescind the review. Although the request for
rescission was made after the 90-day deadline, in accordance with 19
CFR 351.213(d)(1), the Secretary may extend this time limit if the
Secretary decides it is reasonable to do so. The petitioners were the
only parties to request an administrative review of Shanghai Ocean
Flavor. Moreover, no party commented on petitioners' withdrawal of
their review request. Therefore, we find it reasonable to accept the
petitioners' withdrawal of their request for a review. Consequently, we
are rescinding this review of the antidumping duty order on freshwater
crawfish tail meat for Shanghai Ocean Flavor covering the period
September 1, 2002, through August 31, 2003.

Application of Facts Available

Nantong Shengfa, Hubei Houhu, Shouzhou Huaxiang, and Qingdao JYX

    The Department received no comments on its preliminary
determination to apply adverse facts available (AFA) to Nantong
Shengfa, Hubei Houhu, Shouzhou Huaxiang, and Qingdao JYX. Therefore, we
have not altered our decision to apply AFA to these companies for these
final results, in accordance with sections 776(a)(2)(A) and (B), as
well as section 776(b) of the Tariff Act of 1930, as amended (the Act).
As AFA, the Department is assigning these companies the rate of 223.01
percent the highest rate determined in any segment of this proceeding.
See Freshwater Crawfish Tail Meat from the People's Republic of China;
Notice of Final Results of Antidumping Duty Administrative Review, and
Final Partial Rescission of Antidumping Duty Administrative Review, 67
FR 19546 (April 22, 2002) (99-00 Final Results). For a complete
discussion of the Department's reasons for applying total AFA, not
granting a separate rate to these companies, and the selection and
corroboration of the AFA rate, see the Preliminary Results.

Final Results of Review

    For these final results we determine that the following dumping
margin exists:

------------------------------------------------------------------------
Manufacturer and Exporter        Period of Review        Margin (percent)
------------------------------------------------------------------------

PRC-Wide Rate\1\.............    9/1/02-8/31/03           223.01

------------------------------------------------------------------------
\1\ Nantong Shengfa, Hubei Houhu, Shouzhou Huaziang, and Qingdao JYX are
now included in the PRC-wide rate.

Cash Deposit Requirements

    The following deposit requirements will be effective upon
publication of these final results for this administrative review for
all shipments of freshwater crawfish tail meat from the PRC entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) for
previously-reviewed PRC and non-PRC exporters with separate rates, the
cash deposit rate will be the company-specific rate established for the
most recent period; (2) for PRC exporters which do not have a separate
rate, including the exporters named in the footnote above, the cash
deposit rate will be the PRC-wide rate of 223.01 percent; and (3) for
all other non-PRC exporters of the subject merchandise, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These deposit requirements shall remain
in effect until publication of the final results of the next
administrative review.

Assessment of Antidumping Duties

    The Department shall determine, and Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries. For
assessment purposes, we will direct CBP to assess the ad valorem rates
against the entered value of each entry of the subject merchandise
during the POR. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of the final
results of review. Since we have rescinded the administrative review of
Shanghai Ocean Flavor, we will issue assessment instructions to CBP
within 15 days of publication of this notice to liquidate the entries
from this company during the POR at the cash deposit rate in effect on
the date of entry.

Notification to Importers

    This notice serves as a final reminder to importers of their
responsibility undersection 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping duties occurred and
subsequent assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section 351.305(a)(3) of the Department's
regulations. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
    This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 12, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-2732 Filed 10-19-04; 8:45 am]
BILLING CODE 3510-DS-S