[Federal Register Volume 66, Number 242 (Monday, December 17, 2001)]
[Notices]
[Pages 64948-64950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31020]


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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 New Shipper Review and Final 
Rescission of Review

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

SUMMARY: On September 6, 2001, the Department of Commerce (the 
Department) published the preliminary results of its new shipper review 
of the antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (PRC). See Preliminary Results of 
Antidumping

[[Page 64949]]

Duty New Shipper Review: Freshwater Crawfish Tail Meat From the 
People's Republic of China, 66 FR 46601 (September 6, 2001) 
(Preliminary Results). The new shipper review covers the period 
September 1, 1999 through September 30, 2000.
    Based on our analysis of comments received, we have made changes to 
the margin calculations. Therefore, the final results differ from the 
preliminary results. The final weighted-average dumping margin for the 
reviewed firm is listed below in the section entitled ``Final Results 
of Review.''

EFFECTIVE DATE: December 17, 2001.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Mark Hoadley; 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) 482-2312 and (202) 482-0666, 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 company covered by this new shipper review is Shanghai Taoen 
International Trading Co., Ltd. (Shanghai Taoen). Since the publication 
of the Preliminary Results, the following events have occurred. On 
September 26, 2001, we received a timely submission of publicly 
available information on the surrogate values for whole live crawfish 
and crawfish scrap from the Crawfish Processors Alliance (petitioner) 
and the Louisiana Department of Agriculture & Forestry and Bob Odom, 
Commissioner. On October 9, 2001, we received a case brief from the 
petitioner. On October 15, 2001, we received a rebuttal brief from 
Shanghai Taoen. The Department has now completed this review in 
accordance with section 751 (a)(2)(B) 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 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 this new 
shipper review are addressed in the 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 
Review of Freshwater Crawfish Tail Meat from the People's Republic of 
China, dated December 7, 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 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. In addition, a complete 
version of the Decision Memo can be accessed directly on the internet 
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. For a discussion of the issues and 
changes made, refer to the Decision Memo.

Final Results of Reviews

    We determine that the following weighted-average margin exists for 
the period September 1, 1999 through September 30, 2000:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Shanghai Taoen International Trading Co., Ltd..............         7.53
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We have 
calculated importer-specific per kilogram assessment rates for Shanghai 
Taoen. We will direct the Customs Service to assess the per kilogram 
rate against the entered customs quantity for each entry of subject 
merchandise from Shanghai Taoen during the review period.

Cash Deposit Requirements

    The following deposit requirement will be effective upon 
publication of this notice of new shipper review for all shipments 
exported by Shanghai Taoen 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: the per kilogram cash deposit rate for Shanghai Taoen will be the 
total amount of dumping margins calculated for the POR divided by the 
total quantity it sold during the POR.
    The following rates are in effect and remain unaffected by the 
results of this new shipper review: (1) 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; (2) 
for all other PRC exporters, the rate will be the current PRC-wide ad 
valorem rate, 201.63 percent, established in the most recently 
completed administrative review (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, 66 FR 20634 
(April 24, 2001)); and (3) for all other non-PRC exporters of subject 
merchandise from the PRC, the cash deposit rate will be the rate 
applicable to the PRC supplier of that exporter.
    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

[[Page 64950]]

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 Sec. 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 new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: December 7, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

List of Issues

1. Surrogate Value for Whole, Live Crawfish,
2. Surrogate Value for Whole, Live Crawfish Based on Size-Specific 
Prices
3. Wet/Dry Conversion Factor for Scrap
4. Relevance of Chitin Extraction from Shrimp Shells

[FR Doc. 01-31020 Filed 12-14-01; 8:45 am]
BILLING CODE 3510-DS-P