[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Notices]
[Pages 20948-20950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9824]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Final Results of Administrative Antidumping Duty and New Shipper 
Reviews, and Final Rescission of New Shipper Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.

ACTION: Notice of Final Results of Administrative and New Shipper 
Reviews, and Rescission of New Shipper Review: Freshwater Crawfish Tail 
Meat from the People's Republic of China.

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SUMMARY: On October 12, 1999, the Department of Commerce (the 
Department) published the preliminary results of its administrative and 
new shipper reviews of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (PRC). The 
administrative review covers the period March 26, 1997 through August 
31, 1998 with the exception of the administrative review of Ningbo 
Nanlian Frozen Foods Co., Ltd. (Ningbo Nanlian) which covers the period 
April 1, 1998 through August 31, 1998.
    Based on our analysis of the comments received, we have made 
changes to the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of Review.''

EFFECTIVE DATE: April 19, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn, Sarah Ellerman, Mike 
Strollo, or Maureen Flannery, Antidumping/Countervailing Duty 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington DC 20230; telephone (202) 482-0648, (202) 482-4106, (202) 
482-5255 and (202) 482-3020, respectively.

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the provisions 
codified at 19 CFR part 351 (1998).

Background

    On October 12, 1999, the Department published the preliminary 
results of review of the antidumping duty order on freshwater crawfish 
tail meat from the PRC (64 FR 8543). On November 12, 1999, we received 
comments from respondents Nantong Delu Aquatic Food Co., Ltd. (Nantong 
Delu), Yancheng Foreign Trade Corporation (Yancheng FTC), and Ocean 
Harvest Wholesale Inc., an importer. On November 24, 1999, we received 
comments from respondents Qingdao Rirong and Lianyungang Haiwang, 
Baolong Biochemical, and Ningbo Nanlian, and from Maritime Trading 
Company, an importer. On November 24, 1999 we also received comments on 
behalf of the following interested parties: Worldwide Link, Inc., 
Captain Charlie Seafood Wholesale Co., U.S.A., Ocean Duke, Boston 
Seafood Processors, Maritime Trading, COB Development Corp., Atlantic 
Gem, Neptune Fisheries, Pacific Giant, and Intraco, all importers; and 
Huaiyin Foreign Trade Corporation (30) (HFTC30), an exporter. We also 
received comments from the petitioner, the Crawfish Processors Alliance 
(CPA). On December 8, 1999, we received rebuttal comments.
    On February 3, 2000, we issued questionnaires to certain interested 
parties regarding possible relationships among certain producers and 
exporters of subject merchandise. On February 17, 2000, we received 
responses. From February 22 through March 3, 2000, we conducted 
verification of this information in China, and met with various Chinese 
government entities and U.S. embassy staff in China. Huaiyin Foreign 
Trade Corporation (5) (HFTC5) did not allow Department officials to 
meet with HFTC5 officials or conduct a verification of its response. We 
also conducted a telephone interview with Yancheng Yaou Seafood Co., 
Ltd. (Asia-Europe), formerly known as Yancheng Baolong Aquatic Foods 
Co., Ltd. On March 20, 2000, we received timely comments from several 
interested parties regarding the Department's memoranda detailing these 
verifications and meetings, and our attempts to conduct verification of 
HFTC5. On March 23, 2000, the Department conducted a public hearing on 
the issues presented by interested parties in their November 24, 1999 
case briefs, their December 8, 1999 rebuttal briefs, and their March 
20, 2000 comments regarding the Department's memoranda.

[[Page 20949]]

    The Department has now completed these reviews in accordance with 
section 751 of the Act.

Scope of Review

    The product covered by this review 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 (HTS) under item numbers 0306.19.00.10 and 0306.29.00.00. 
The HTS subheadings are provided for convenience and Customs purposes 
only. The written description of the scope of this order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Edward C. Yang, Director, Office 9, 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated April 7, 2000, which is hereby adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memo, is attached to 
this notice as an appendix. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum which is on file in the Central Records Unit, 
room B-099 of the main Department building (B-099). In addition, a 
complete version of the Decision Memo can be accessed directly on the 
Web at www.ita.doc.gov/import__admin/records/frn/. The paper copy and 
electronic version of the Decision Memo are identical in content.

Rescission of New Shipper Review for Baolong Biochemical

    In our preliminary results, we concluded that Baolong Biochemical 
did not have a bona fide sale to the United States during the review 
period, and thus was not entitled to a review under section 
751(a)(2)(B) of the Act. For a further discussion of these issues, see 
the relevant sections of the Decision Memo. See also Memorandum to 
Robert S. LaRussa from Barbara E. Tillman: Issues for the Preliminary 
Results of Review Concerning Bona Fide Sales and the Use of Facts 
Available (Facts Available Memorandum), dated September 30, 1999. We 
subsequently clarified for all parties that this rescission was a 
preliminary determination and that the Department would accept comments 
on this issue. After reviewing the comments received with respect to 
Baolong Biochemical, we have concluded that our preliminary 
determination was appropriate and, because Baolong Biochemical has no 
bona fide sales during the period of review, we are rescinding the new 
shipper review of Baolong Biochemical. We will instruct the Customs 
Service to require the posting of cash deposits, rather than bond, for 
imports of crawfish exported by Baolong Biochemical.

Use of Facts Available

    For a discussion of our application of facts otherwise available, 
see the ``Facts Available'' section of the Decision Memo, which is on 
file in B-099 and available on the Web at www.ita.doc.gov/
import__admin/records/frn/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations for Qingdao Rirong. Any alleged 
programming or clerical errors are discussed in the relevant sections 
of the ``Decision Memorandum,'' accessible in B-099 and on the Web at 
www.ita.doc.gov/import__admin/records/frn/.

Ningbo Nanlian

    Based on an analysis of the record, we have determined that Ningbo 
Nanlian does not merit a separate rate. For a discussion of this issue, 
see the section of the Decision Memo entitled ``Facts Available for 
Ningbo Nanlian'' and the proprietary version of the Memorandum from 
Edward C. Yang to Joseph A. Spetrini regarding ``Relationship of HFTC5 
and Ningbo Nanlian,'' dated April 7, 2000 (Ningbo Nanlian/HFTC5 
Decision Memo.)

HFTC Entities

    Based on our analysis of comments received, we have concluded the 
following. The HFTC entity now known as HFTC5, a.k.a. Huaiyin Cereals 
and Oils Import and Export Corporation, is the same HFTC entity that 
was assigned a separate rate in the LFTV investigation.
    The Department has also determined that, since HFTC30 has not 
requested a separate rate, HFTC30 is not entitled to a separate rate in 
this review. However, all Chinese crawfish exporters not specifically 
named, including HFTC30, were subject to the review as part of the PRC 
entity of which they are considered part. Their rate is 201.63 percent.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period March 26, 1997 through August 31, 1998:

------------------------------------------------------------------------
                                                              Margin
     Manufacturer/exporter             Time period           (percent)
------------------------------------------------------------------------
Qingdao Rirong Foodstuff Co.,          03/26/97-08/31/98            0.00
 Ltd...........................
Lianyungang Haiwang Aquatic            03/26/97-08/31/98          201.63
 Products Co., Ltd.............
PRC-wide rate \1\..............                                   201.63
------------------------------------------------------------------------
\1\ Binzhou Prefecture Foodstuffs Import & Export Corp., Huaiyin Foreign
  Trade Corp., Huaiyin Foreign Trade Corporation (5) (also known as
  Huaiyin Cereals, Oils & Foodstuffs), Huaiyin Foreign Trade Corporation
  (30), Huaiyin Ningtai Fisheries Co., Ltd., Nantong Delu Aquatic Food
  Co., Ltd., Ningbo Nanlian Frozen Foods Co., Ltd. (for the period 4/1/
  98-8/31/98), Yancheng Baolong Aquatic Foods Co., Ltd., and Yancheng
  Baolong Foreign Trade Corp. are subject to the PRC-wide rate of
  201.63%.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of 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) The cash deposit rates for the reviewed companies will be the rates 
shown above except that, for firms whose weighted-average margins are 
less than 0.5 percent and therefore de minimis, the Department shall 
require no deposit of estimated antidumping duties; (2) for previously-
reviewed PRC and non-PRC exporters with separate rates, the cash 
deposit rate will be the company-

[[Page 20950]]

specific rate established for the most recent period; (3) for all other 
PRC exporters, the cash deposit rate will be the PRC-wide rate, 201.63 
percent; and (4) for all other non-PRC exporters of the subject 
merchandise, the cash deposit rate will be the rate applicable to the 
PRC supplier of that exporter.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751 and 777(i) of the Act.

    Dated: April 7, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I

1. Facts Available
    A. Non-Respondents and Improperly Filed and Served Responses
    B. Haiwang
    C. Ningbo Nanlian
    D. HFTC5
2. Recission of the New Shipper Review of Yancheng Baolong 
Biochemical Products (Baolong Biochemical)
3. Circumstance of Sale Adjustments: Imputed Credit Expense
4. Factor Valuation
5. Deposit and Assessment Rates for HFTC30 and other companies with 
Huaiyin Foreign Trade Corporation in their title.
[FR Doc. 00-9824 Filed 4-18-00; 8:45 am]
BILLING CODE 3510-DS-P