[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Notices]
[Pages 41831-41832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20019]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


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

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On October 31, 2000, the Department of Commerce (the 
Department) initiated antidumping duty new shipper reviews of 
freshwater crawfish tail meat from the People's Republic of China (PRC) 
for the period of review (POR) of September 1, 1999 to August 31, 2000 
for three manufacturers/exporters of subject merchandise: Coastal 
(Jiangsu) Foods Co., Ltd. (Coastal), Shouzhou Huaxiang Foodstuffs Co., 
Ltd. (Shouzhou), and Shanghai Taoen International Trading Co., Ltd. 
(Shanghai). See Freshwater Crawfish Tail Meat from the People's 
Republic of China: Initiation of New Shipper Antidumping Administrative 
Reviews, 65 FR 66525 (November 6, 2000)(Crawfish from China). Pursuant 
to Sec. 351.214(f)(2)(ii) of our regulations, we find that an expansion 
of the normal POR to include an entry and sale to an unaffiliated 
customer in the United States of subject merchandise would be likely to 
prevent the completion of the reviews of Coastal and Shouzhou within 
the time limits set by the Department's regulations, and, therefore, we 
are rescinding the reviews of these two manufacturers/exporters.

EFFECTIVE DATE: August 9, 2001.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Julio Fernandez, 
Enforcement Group III, Office 7, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue, NW., Washington, DC 20230; telephone: 202-482-0666 and 202-482-
0190, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the Uruguay Round Agreements 
Act. In addition, unless otherwise indicated, all citations to the 
Department's regulations are to the regulations codified at 19 CFR part 
351 (2000).

[[Page 41832]]

Background

    On October 31, 2000, the Department initiated antidumping duty new 
shipper reviews of freshwater crawfish tail meat from the PRC, for the 
period September 1, 1999 through August 31, 2000, with respect to three 
manufacturers/exporters of the subject merchandise: Coastal, Shouzhou, 
and Shanghai. See Crawfish from China.
    On June 5, 2001, the Department issued supplemental questionnaires 
to Coastal, Shouzhou, and Shanghai requesting entry documentation 
illustrating that the sale of subject merchandise occurred, and that 
the date of entry took place, within the POR. In the same letter, the 
Department notified the companies that failure to demonstrate that the 
date of entry was no more than one month after the end of the POR would 
result in the rescission of the new shipper review. Shouzhou, Coastal 
and Shanghai submitted their responses to the Department's supplemental 
questionnaire on June 12, 2001, and included entry documentation for 
the shipments of subject merchandise. Due to the business proprietary 
nature of information regarding the entry and sale dates of the subject 
merchandise in question, we have analyzed this issue in a business 
proprietary Memorandum to Barbara E. Tillman From Julio A. Fernandez 
through Maureen Flannery Regarding Freshwater Crawfish Tail Meat from 
the People's Republic of China (July 23, 2001) (Crawfish Memo) (public 
version on file in the Central Records Unit, Room B-099 of the main 
Department of Commerce Building).

Final Rescission of Review

    Under Sec. 351.214(f)(2)(ii) of the Department's regulations, when 
the sale of the subject merchandise occurs within the POR, but the 
entry occurs after the normal POR, the POR may be extended unless it 
would be likely to prevent the completion of the review within the time 
limits set by the Department's regulations. While the regulations do 
not provide a definitive date by which the entry must occur, the 
preamble to the Department's regulations state that both the entry and 
the sale should occur during the POR, and that only under 
``appropriate'' circumstances should the POR be extended when the entry 
is made after the POR. See Antidumping Duties; Countervailing Duties; 
Final Rule, 62 FR 27296, 27319 (May 19, 1997). While the Department did 
not adopt a precise cut-off point for entries in the regulations, the 
entries in this case were made long after the end of the POR. See 
Crawfish Memo.
    Accordingly, we are rescinding the new shipper reviews with respect 
to Coastal and Shouzhou for the period September 1, 1999 through August 
31, 2000. For Shanghai, we are extending the POR by one month. See 
Crawfish Memo for further details. We note that Coastal and Shouzhou 
will have an opportunity to request a new shipper review in September, 
2001. In any such review the Department will cover the particular sales 
at issue in this case.
    This notice 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 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation. This determination is issued in accordance with 19 CFR 
351.213(d)(4) and section 777(i)(1) of the Act.

    Dated: August 2, 2001.
Joseph A. Spetrini,
Deputy Assistant Secretary, AD/CVD Enforcement Group III.
[FR Doc. 01-20019 Filed 8-8-01; 8:45 am]
BILLING CODE 3510-DS-P