[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Notices]
[Pages 45002-45004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21608]


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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 New Shipper Reviews

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

SUMMARY: On April 10, 2001, the Department of Commerce (the Department) 
published the preliminary results of its new shipper reviews of the 
antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (PRC). See Preliminary Results of New 
Shipper Reviews and Rescission of a New Shipper Review: Freshwater 
Crawfish Tail Meat From the People's Republic of China, 66 FR 18604 
(April 10, 2001). The new shipper reviews cover the period September 1, 
1999 through March 31, 2000.
    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 Reviews.''

EFFECTIVE DATE: August 27, 2001.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith 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) 482-4052 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

    The companies covered by these new shipper reviews are China 
Kingdom Import & Export Co., Ltd. (China Kingdom), Nantong Shengfa 
Frozen Food Co., Ltd. (Nantong Shengfa), and Weishan Fukang Frozen 
Foodstuffs Co., Ltd. (Weishan Fukang). Since the publication of the 
preliminary results (see Preliminary Results of Antidumping Duty New 
Shipper Administrative Reviews and Rescission of a New Shipper Review: 
Freshwater Crawfish Tail Meat From the People's Republic of China, 66 
FR 18604 (April 10, 2001) (Preliminary Results)), the following events 
have occurred. On April 30, 2001, we received a timely submission of 
publicly available information on the surrogate value for whole live 
crawfish from the Crawfish Processors Alliance (petitioner) and the 
Louisiana Department of Agriculture & Forestry and Bob Odom, 
Commissioner, and from China Kingdom. The petitioner's publicly 
available information addressed the use of Australian crawfish as the 
surrogate value for whole crawfish.
    On May 10, 2001, we received case briefs from the petitioner and 
from China Kingdom. On May 15, 2001, we received rebuttal briefs from 
petitioner, China Kingdom, and Weishan Fukang.
    On June 20, 2001, the Department faxed a memorandum giving notice 
that we were sending teams to Australia and Mexico during the last week 
of June. From June 25 through June 29, 2001, the Department conducted 
research in Australia and Mexico to examine information that had been 
put on the record by the parties to the proceeding concerning the value 
of whole live crawfish as an input for tail meat. See Memorandum to the 
File from Abdelali Elouaradia and Thomas Gilgunn: Freshwater Crawfish 
Tail Meat from the People's Republic of China: Meetings Regarding the 
Crawfish Industry in Western Australia, dated July 18, 2001; and 
Memorandum to the File from Jacqueline Arrowsmith and Mark Hoadley: 
Freshwater Crawfish Tail Meat from the People's Republic of China: 
Meetings Regarding the Crawfish Industry in Mexico, also dated July 18, 
2001.
    We invited interested parties to comment. Parties were allowed five 
days to comment and two additional days to submit rebuttal comments. On 
July 23, 2001, we received comments from petitioner. On July 24, 2001, 
we received comments from China Kingdom. On July 25, 2001, we received 
rebuttal comments from petitioner, China Kingdom and Weishan Fukang. We 
rejected China Kingdom's July 24 and July 25, 2001 submissions because 
these submissions included new information that was untimely submitted. 
China Kingdom resubmitted these submissions on August 10, 2001, and 
August 2, 2001 respectively, and we have included these comments in our 
analysis for these final results.
    On July 31, 2001, we issued two additional memoranda about the 
results of our research with respect to whole live crawfish. See 
Memorandum to the File from Abdelali Elouaradia, Mark Hoadley, Jacky 
Arrowsmith and Christian Hughes: Communication and Findings Regarding 
Whole Live Crawfish Production in Reference to the Administrative 
Review and New Shipper Reviews of Freshwater Crawfish Tail Meat from 
the People's Republic of China, dated July 31, 2001; and Memorandum to 
the File from Abdelali Elouaradia and Thomas Gilgunn: Freshwater 
Crawfish Tail Meat (crawfish) from the People's Republic of China 
(PRC): Meetings Regarding the Crawfish Industry in Western Australia--
Cambinata Yabbies, also dated July 31, 2001.
    We invited interested parties to comment. Interested parties were 
allowed two days to comment and two

[[Page 45003]]

additional days to submit rebuttal comments. On August 2, 2001, we 
received comments from petitioner and Weishan Fukang.
    On August 6, 2001, the Department conducted a public hearing on the 
issues presented by interested parties in their case and rebuttal 
briefs and in their comments on the crawfish surrogate value memoranda.
    The Department has now completed these reviews in accordance with 
section 751(a)(2)(B) of the Act.

Scope of Reviews

    The product covered by these reviews 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 and 1605.40.10.90, 
which are the new HTS for prepared foodstuffs, indicating peeled 
crawfish tail meat and other, as introduced by the U.S. Customs Service 
in mid-year 2000, and HTS items 0306.19.00.10 and 0306.29.00, which are 
reserved for fish and crustaceans in general. 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 briefs filed by parties to 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 Faryar Shirzad, Assistant Secretary for 
Import Administration: Issues and Decision Memo for the Final Results 
of the Antidumping New Shipper Reviews of Freshwater Crawfish Tail Meat 
from the People's Republic of China, dated August 20, 2001 (Decision 
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 Decision Memo, is attached to this 
notice as an appendix. Parties can find a complete discussion of all 
issues raised in these reviews 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. In addition, a complete 
version of Decision Memo can be accessed directly on the internet at 
http://ia.ita.doc.gov. The paper copy and electronic version of 
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. For a discussion of the issues and 
changes made for each company, refer to Decision Memo. 

Valuation of Crawfish Input

    In the investigation of sales at less than fair value (LTFV) and in 
previous reviews of this order, we used data on imports into Spain from 
Portugal to value the live crawfish input for tail meat production. See 
e.g., Freshwater Crawfish Tail Meat from the People's Republic of 
China: Final Results of Antidumping Administrative Reviews and New 
Shipper Reviews and Final Partial Rescission of Antidumping Duty 
Administrative Reviews, 66 FR 20634 (April 24, 2001) (1998-1999 Final 
Results). However, information on the record of the current new shipper 
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 these new shipper reviews. For this reason, we 
used data on Spanish exports to the European Union, which were in 
significant quantities, as an alternative to import data for the 
preliminary results of these new shipper reviews.
    For 1998-1999 Final Results, we used data on imports into Spain 
from Portugal because both petitioner and respondents argued against 
the use of the export data used in the preliminary results for these 
new shipper reviews, because they appeared to include exports of items 
other than live crawfish. For further details, see 1998-1999 Final 
Results. After analyzing the comments received, we determined that the 
best available information on the record of the administrative and new 
shipper reviews for September 1998 through August 1999 was data on 
Spanish imports of live crawfish from Portugal published by Agencia 
Tributaria of the Spanish government. This is the same source that we 
had used in the investigation and previous reviews of this order. 
However, in the 1998-1999 Final Results, we announced our intention to 
search for alternative sources of surrogate data for the live crawfish 
input in other ongoing and future reviews.
    We conducted such a search in connection with the instant new 
shipper reviews. See Memorandum to the File from Abdelali Elouaradia 
and Thomas Gilgunn: Freshwater Crawfish Tail Meat from the People's 
Republic of China: Meetings Regarding the Crawfish Industry in Western 
Australia, dated July 18, 2001; Memorandum to the File from Jacqueline 
Arrowsmith and Mark Hoadley: Freshwater Crawfish Tail Meat from the 
People's Republic of China: Meetings Regarding the Crawfish Industry in 
Mexico, dated July 18, 2001; Memorandum to the File from Abdelali 
Elouaradia, Mark Hoadley, Jacky Arrowsmith and Christian Hughes: 
Communication and Findings Regarding Whole Live Crawfish Production in 
Reference to the Administrative Review and New Shipper Reviews of 
Freshwater Crawfish Tail Meat from the People's Republic of China, 
dated July 31, 2001; and Memorandum to the File from Abdelali 
Elouaradia and Thomas Gilgunn: Freshwater Crawfish Tail Meat (crawfish) 
from the People's Republic of China (PRC): Meetings Regarding the 
Crawfish Industry in Western Australia--Cambinata Yabbies, dated July 
31, 2001.
    We have found that, in Australia, there are commercial sales of 
whole live freshwater crawfish comparable to the whole live freshwater 
crawfish used in the production of subject merchandise, and we obtained 
data on such sales. We found an indication of a crawfish industry in 
Spain, but we were unable to obtain sales data for that industry. We do 
not find that a commercial crawfish industry exists in any other 
country at this time. Therefore, we are using sales of comparable 
Australian freshwater crawfish, the yabby, to value the raw crawfish 
input for these final results. We have determined that yabbies between 
30 and 40 grams are the most comparable to the raw crawfish input of 
Chinese producers. For further details, see Decision Memo.

The Adjustment to Raw Crawfish Input for Scrap

    All three exporters claimed, and we granted, an adjustment to the 
raw material input value for scrap. In the preliminary results, we made 
no adjustment for differences between the wet condition of the crawfish 
scrap as it was sold in China and the dry condition of the scrap that 
was used to value the Chinese scrap. For these final results we have 
determined that the scrap was sold wet and have made the appropriate 
adjustment. For further details, see Decision Memo.

[[Page 45004]]

Final Results of Reviews

    We determine that the following weighted-average margins exist for 
the period September 1, 1999 through March 31, 2000:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
China Kingdom..............................................        57.87
Nantong Shengfa............................................        14.87
Weishan Fukang.............................................        14.40
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b), we have calculated importer-specific ad valorem 
duty assessment rates. We will direct the Customs Service to assess the 
resulting percentage margins against the entered Customs values for the 
subject merchandise on each of that importer's entries under the 
relevant order during the review period (see 19 CFR 351.212(a)). 
Pursuant to 19 CFR 351.106(c)(2), we will instruct the Customs Service 
to liquidate without regard to antidumping duties all entries for any 
importer for whom the assessment rate is de minimis (i.e., less than 
0.50 percent). For entries from the PRC non-market economy (NME) entity 
companies (i.e., PRC exporters which are not entitled to separate 
rates), the Customs Service shall assess ad valorem duties at the PRC-
wide rate. Because the PRC-wide entity was not reviewed during this 
period of review (POR), the PRC-wide was not reviewed during this 
period of review (POR), the PRC-wide rate remains that established in 
the administrative review for the most recent period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of 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 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.
    These new shipper reviews and notice are in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: August 20, 2001.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--List of Issues

1. Use of Australian Data as a Surrogate Value for Whole Live 
Freshwater Crawfish
2. Use of Mexican Data as a Surrogate Value for Whole Live 
Freshwater Crawfish
3. Crawfish Grown in Mexico Are Wild Like Crawfish Grown in China
4. Comment Periods for the Mexican and Australian Reports were 
Insufficient
5. Use of Factual Findings Related to Surrogate Values for Whole 
Live Freshwater Crawfish
6. Spanish Export Prices Are not Appropriate as a Surrogate Value 
for Whole Live Freshwater Crawfish
7. Application of The Continued Dumping and Subsidy Offset Act (Byrd 
Amendment)
8. Crawfish By-Product Adjustment
9. Ministerial Error in Calculation of the By-Product Adjustment
10. Application of Partial Facts Available for China Kingdom
11. Finnish Production Data from the Department's July 31, 2001 
``Crawfish Research Report'' Memorandum
12. Department's Findings from ``Crawfish Research Report'' 
Memorandum

[FR Doc. 01-21608 Filed 8-24-01; 8:45 am]
BILLING CODE 3510-DS-P