[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Notices]
[Pages 49343-49344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24410]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


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

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

EFFECTIVE DATE: September 27, 2001.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Maureen 
Flannery, AD/CVD Enforcement Group III, Office 7, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-4052 or (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).

Scope of the 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, 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.

Amendment of Final Results

    On August 27, 2001, the Department of Commerce (the Department) 
published the final results of its antidumping new shipper reviews on 
freshwater crawfish tail meat (crawfish tail meat) from the People's 
Republic of China (PRC). Final Results of Antidumping Duty New Shipper 
Reviews: Freshwater Crawfish Tail Meat from the People's Republic of 
China 66 FR 45002 (August 27, 2001). 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). The period 
of review (POR) is September 1, 1999 through March 31, 2000.
    On August 29, 2001, we received a submission from petitioner 
alleging ministerial errors in the final results of these new shipper 
reviews. The allegation was timely filed pursuant to section 
351.224(c)(2) of the Department's regulations. We did not receive any 
submissions alleging ministerial errors in the final results of these 
new shipper reviews from China Kingdom, Nantong Shengfa, or Weishan 
Fukang.
    Comment 1: Application of Wet-to-Dry Conversion Factor.
    Petitioner argues that the Department made a ministerial error in 
its application of the wet-dry conversion for the crawfish scrap credit 
to the raw crawfish input used in the calculation of normal value based 
on factors of production. Petitioner explains that 70% of the weight of 
crawfish scrap is water and argues that, therefore, to convert the dry-
weight price to an equivalent wet-weight price, the Department must 
multiply the dry-weight price by 30 percent. Petitioner notes that in 
its narrative, the Department explained that it was adjusting the 
amount of scrap reported by the respondents by 30 percent to account 
for its wet condition. Petitioner states that the Department made an 
error in its calculations by multiplying the dry-weight surrogate price 
by 70 percent.
    Department's Position: We agree with petitioner. We should have 
multiplied the dry-weight price by 30 percent as detailed in 
petitioner's comments on ministerial errors. We are making this 
correction for these amended final results.
    Comment 2: HTS Numbers.
    Petitioner argues that the description of the tariff 
classifications of subject merchandise in the ``Scope of Reviews'' 
section that the Department used in the preliminary and final results 
of these new shipper reviews contains several errors, omissions, and 
other inaccuracies which could confuse or mislead the U.S. Customs 
Service or market participants. 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) (Preliminary Results) and Final Results of Antidumping Duty New 
Shipper Reviews: Freshwater Crawfish Tail Meat from the People's 
Republic of China 66 FR 45002 (August 27, 2001) (Final Results). 
Petitioner states that HTS item number 1605.40.10.10 provides the most 
specific category for freshwater crawfish tail meat. Petitioner also 
states that HTS item number 1605.40.10.90, which was listed in the 
preliminary and final results, applies to various prepared or preserved 
crustacean products other than freshwater crawfish tail meat. See 
Preliminary Results; see also Final Results. Petitioner concludes its 
comments by providing suggested language for the scope of these 
reviews, which excludes the HTS item number 1605.40.10.90.

[[Page 49344]]

    Petitioner further argues that the Department's description does 
not identify all classifications that may be expected to have been used 
from September 1, 1999 through March 31, 2000, which is the period of 
review (POR). Petitioner notes that the POR precedes the promulgation 
date of the new HTS item numbers, 1605.40.1010 and 1605.40.1090, which 
occurred in mid-2000. Petitioner further states that subject 
merchandise may have entered under HTS item number 1605.40.1000 during 
the POR, because it was prior to the introduction of these two new HTS 
item numbers.
    Petitioner requests that the HTS item numbers listed in the 
Department's scope description identify all of the HTS item numbers 
under which subject merchandise is ``reasonably believed to have been 
entered during the POI, and all of the HTS item numbers under which 
subject merchandise can reasonably be expected to enter in the future, 
regardless whether such classifications were or are proper.'' 
Petitioner argues that the Department's description should not create a 
false impression that Chapters 3 and 16 currently provide equally 
correct classifications of subject merchandise. Petitioner states that 
the Department's description should be neutral with respect to this 
question.
    Department's Position: We agree in part with petitioner. We have 
corrected the description of the scope of these amended final results 
to omit the reference to HTS item number 1605.40.10.90. As published in 
the Federal Register notices, the HTS subheadings are provided for 
convenience and Customs purposes only. The written description of the 
scope of this order is dispositive.

Amended Final Results of Administrative Review

    In making the above corrections for these amended final results, we 
found transcription errors in China Kingdom's calculations. We are 
correcting these errors for these amended final results. See Analysis 
for the Amended Final Results of the Antidumping Duty New Shipper 
Review of Freshwater Crawfish Tail Meat from the People's Republic of 
China: China Kingdom Import & Export Co., Ltd. and American Coast 
Processing Enterprises Corp. (China Kingdom), dated August 20, 2001.
    As a result of our review and the correction of the ministerial 
transcription errors described above, we have determined that the 
following margins exist:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
China Kingdom...............................................       77.30
Nantong Shengfa.............................................       21.85
Weishan Fukang..............................................       20.16
------------------------------------------------------------------------

    The Department shall determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
In accordance with 19 CFR 351.212(b), we will instruct Customs to 
assess an importer-specific percentage margin against the entered 
Customs values for the subject merchandise on each of that importer's 
entries during the review period.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of amended final results of antidumping 
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 also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 in the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations. Timely written notification of the return or 
destruction of APO materials is hereby requested. Failure to comply 
with the regulations and 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: September 24, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-24410 Filed 9-26-01; 8:45 am]
BILLING CODE 3510-DS-P