[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20634-20636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10152]



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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 New Shipper Reviews, and Final Partial Rescission of 
Antidumping Duty Administrative Review

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

SUMMARY: On October 11, 2000, 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 and the new shipper reviews cover the period 
September 1, 1998 through August 31, 1999.
    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 24, 2001.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn, Elfi Blum, Abdelali 
Elouaradia, or Maureen Flannery; Office of Antidumping/Countervailing 
Duty Enforcement VII, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone (202) 482-
0648, (202) 482-0197, (202) 482-1374, 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 (2000).

Background

    On October 11, 2000, the Department published in the Federal 
Register the preliminary results of review of the antidumping duty 
order on freshwater crawfish tail meat from the PRC (65 FR 60399). 
Since the publication of the preliminary results, the following events 
have occurred. Huaiyin Foreign Trade Corporation(30) (Huaiyin30), 
Yancheng Foreign Trade Corporation (Yancheng FTC), Ocean Harvest 
Wholesale Inc. (Ocean Harvest), Nantong Delu Aquatic Food., Ltd. 
(Nantong Delu), Yancheng Fubao Aquatic Food Co., Ltd. (Yancheng Fubao), 
Louisiana Packing Company, and Yancheng Haiteng Aquatic Products & 
Foods Company, Ltd. (Yancheng Haiteng) submitted timely information on 
surrogate values on October 31, 2000. Petitioner, the Crawfish 
Processors Alliance, and the Louisiana Department of Agriculture & 
Forestry and Bob Odom, Commissioner, submitted timely information on 
proposed surrogate values on November 20, 2000. On November 27, 2000, 
we received comments on the results of preliminary review from 
respondents, Ningbo Nanlian Frozen Foods Corporation, Ltd. (Ningbo 
Nanlian)/Huaiyin Foreign Trade Corporation (5) (Huaiyin5), Yancheng 
Haiteng, Suquian Foreign Trade Company, Ltd. (Suquian FTC), Yangzhou 
Lakebest Foods Company, Ltd. (Yangzhou Lakebest), Shantou SEZ Yangfeng 
Marine Products Company (Shantou SEZ), Huaiyin30, Qingdao Zhengri 
Seafood Co., Ltd. (Qingdao Zhengri), Fujian Pelagic Fishery Group 
Company (Fujian Pelagic), Yancheng Baolong Biochemical Products Co., 
Ltd. (Baolong Biochemical), Yancheng FTC, and Nantong Delu, and from 
Ocean Harvest, an importer of subject merchandise. We also received 
comments from the petitioner.
    On December 6, 2000, we received rebuttal comments from all parties 
listed above, except for Baolong Biochemical, Yancheng FTC, Nantong 
Delu, and Ocean Harvest.
    On December 11, 2000, the Department conducted a public hearing on 
the issues presented by interested parties in their case and rebuttal 
briefs.
    On March 22, 2001, the Department requested that interested parties 
comment on the use of data published by Agencia Tributaria, an agency 
of the Spanish government, regarding Spanish exports of whole fresh 
crawfish to the European Union. The Department received comments from 
Ningbo Nanlian/Huaiyin5, Huaiyin30, Qingdao Zhengri, Fujian Pelagic, 
and petitioner on March 28, 2001, and rebuttal comments from these same 
parties on March 30, 2001.
    The Department has now completed these reviews in accordance with 
section 751 of the Act.

Scope of Reviews

    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 1605.40.10.10, 1605.40.10.90, 
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.

Duty Absorption

    In the preliminary results we found that for Ningbo Nanlian/
Huaiyin5 and Yancheng Haiteng, antidumping duties have been absorbed by 
the affiliated importer during the period of review (POR). In addition, 
we found that antidumping duties have been absorbed by Ocean Harvest 
for sales in which Yancheng FTC acted as the exporter for Nantong Delu 
during the POR. For these final results, we find that Yancheng Haiteng 
did not export merchandise to the United States at dumped prices during 
the POR. Therefore, with respect to Yancheng Haiteng, we determine that 
no duty absorption occurred. With respect to Ningbo Nanlian/Huaiyin5, 
and to sales for which Yancheng FTC acted as exporter for Nantong Delu, 
no additional information has been placed on the record which 
contradicts our preliminary finding. Therefore, for these companies, no 
changes to our preliminary findings have been made for these final 
results.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review and these new shipper reviews are addressed 
in the Issues and Decision Memorandum from Joseph A. Spetrini, Deputy 
Assistant Secretary for AD/CVD Enforcement Group III to Bernard T. 
Carreau, Deputy Assistant Secretary for Import Administration: Issues 
and Decision Memo for the Final Results of the Antidumping Duty 
Administrative Review and the Antidumping New Shipper Reviews of 
Freshwater Crawfish Tail Meat from the People's Republic of China, 
dated April 09, 2001 (Decision

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Memo), 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 Commerce Building (B-099). In addition, a 
complete version of the Decision Memo can be accessed directly on the 
Web at http://ia.ita.doc.gov. The paper copy and electronic version of 
the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
clerical errors in our preliminary results, where applicable. For a 
discussion of the issues and changes made for each company, refer to 
the Decision Memo, as above.

Valuation of Crawfish Input

    In the investigation of sales at less than fair value (LTFV) and in 
previous reviews of this order, as well as in the preliminary results 
of these reviews, we have used data on imports into Spain from Portugal 
to value the live crawfish input for tail meat production. See 
Memorandum to Maureen Flannery from Scott Lindsay: Administrative and 
New Shipper Reviews of Freshwater Crawfish Tail Meat from the People's 
Republic of China: Factor Values Memorandum, dated September 29, 2000, 
at 20. However, information on the record of the current reviews 
indicates that the volume of imports from Portugal into Spain has 
decreased significantly since the period of the investigation and the 
first administrative review, and constituted a mere 17 metric tons 
during the period of the current administrative review. We considered 
using data on Spanish exports to the European Union, which were in 
significant quantities, as an alternative to import data for these 
final results.
    As noted above, the Department requested that interested parties 
comment on the use of such data, which we used in the Notice of 
Preliminary Results of Antidumping Duty New Shipper Administrative 
Reviews: Freshwater Crawfish Tail Meat from the People's Republic of 
China, issued March 21, 2001. Both petitioner and respondents argued 
against use of the data because it appears to include exports of items 
other than live crawfish. For further details, see the Decision Memo. 
After analyzing the comments received, we have determined that the best 
information on the record of these reviews is data on Spanish imports 
of live crawfish from Portugal published by Agencia Tributaria of the 
Spanish government. However, given the decline of this market, we 
intend to search for alternative sources of surrogate data for the live 
crawfish input in other ongoing and future reviews.

Partial Rescission of Administrative Review

    In our preliminary results, we concluded that Baolong Biochemical 
did not have any sales to the United States during the review period, 
and thus was not entitled to a review under section 751(a) of the Act. 
For a further discussion of these issues, see the relevant sections of 
the Decision Memo. See also Decision Memorandum for Troy H. Cribb 
through Joseph A. Spetrini from Barbara E. Tillman: Yancheng Baolong 
Biochemical Products (Baolong Biochemical): Intent to Rescind 
Administrative Review, of September 29, 2000. After reviewing the 
comments received with respect to Baolong Biochemical, we have 
concluded that our preliminary determination was appropriate because 
Baolong Biochemical had no sales to the United States during the POR. 
Therefore, we are rescinding the administrative review of Baolong 
Biochemical.
    Furthermore, we did not receive any comments regarding our 
preliminary decision to rescind the review with respect to Huaiyin, Hua 
Yin, Hua Yin Foreign Trading (Hua Yin FT), and Huaiyin Foreign Trading 
(Huaiyin FT). Therefore, we have not altered our decision and are 
rescinding the administrative review for these companies. We determine 
that subject merchandise entering the United States under one of these 
names is covered by this review only to the extent that the exporter is 
in fact Huaiyin Foreign Trade Corporation (Huaiyin FTC), Huaiyin5, or 
Huaiyin30, which are separately covered by this review.

Determination to Apply Facts Available

    The Department received no comments on its preliminary 
determination to apply facts available to Huaiyin FTC, Yupeng Fishery, 
or Lianyungang Haiwang Aquatic Products Co., Ltd. (Lianyungang 
Haiwang). Therefore, we have not altered our decision to apply facts 
available to these companies for these final results of review. 
Furthermore, after considering comments regarding Asia Europe, which 
was the same company as Yancheng Baolong Aquatic Foods Co., Ltd. 
(Baolong Aquatic) and Baolong Group during the POR, we have determined 
that it is appropriate to continue to apply the facts available to 
these companies. Therefore, we are treating all the above companies, 
together with all other PRC companies that have not established that 
they are entitled to separate rates, as a single enterprise subject to 
government control. Furthermore, we have determined the rate to be 
applied to this single enterprise is a PRC-wide rate based on adverse 
facts available, in accordance with section 776(b) of the Act. Section 
776(b) of the Act states that adverse facts available may include 
information derived from the petition, the final determination, a 
previous administrative review, or other information placed on the 
record. As adverse facts available, we are using the PRC-wide rate from 
the LTFV investigation, 201.63 percent, which is the highest rate in 
any segment of this proceeding.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period September 1, 1998 through August 31, 1999:

------------------------------------------------------------------------
                                                               Margin
                   Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Ningbo Nanlian/Huaiyin5...................................          2.75
Yancheng Haiteng..........................................          0.00
Huaiyin30.................................................        139.68
Yancheng FTC..............................................         35.73
Fujian Pelagic............................................         38.76
Yangzhou Lakebest.........................................          0.00
Suqian FTC................................................          0.00
Qingdao Zhengri...........................................          0.00
Shantou SEZ...............................................          0.00
PRC-Wide Rate.............................................        201.63
------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
and new shipper reviews 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

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deposit rate will be the company-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.
    This administrative review and these new shipper reviews and notice 
are in accordance with sections 751(a)(1), 751(a)(2)(B) and 771(i)(1) 
of the Act.

    Dated: April 9, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix

List of Issues

1. Use of Spanish Import Data as Surrogate Value for Live Crawfish
2. Use of Mexican Data as Surrogate Value for Live Crawfish
3. Use of Spanish Export Data as Surrogate Value for Live Crawfish
4. Calculation of Byproduct Value based on India Import Statistics
5. Power and Fuel Expenses as Part of Surrogate Overhead
6. Use of Annual vs. Monthly Average Exchange Rates
7. Water as a Separate Cost
8. Fujian Pelagic's Sales to Pacific Coast: Export Price vs 
Constructed Export Price
9. Baolong Biochemical Rescission
10. Use of the Facts on the Record to Calculate Baolong 
Biochemical's Dumping Margin
11. Yancheng FTC/Ocean Harvest: Calculation of Packing Material 
Costs
12. Ningbo/Huaiyin 5: Marine Insurance
13. Huayin 30: Partial Adverse Facts Available

[FR Doc. 01-10152 Filed 4-23-01; 8:45 am]
BILLING CODE 3510-DS-P