[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Notices]
[Pages 50860-50862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19826]
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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 Rescission, in Part, of Antidumping Duty
Administrative Review for the Period September 1, 2000, Through August
31, 2001
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: In response to timely requests from interested parties, the
Department of Commerce (the Department) initiated an administrative
review of the antidumping duty order on freshwater crawfish tail meat
from the People's Republic of China (PRC) covering the period September
1, 2000, to August 31, 2001. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 66 FR 54195 (October 26, 2001). Because the petitioner has
withdrawn its request for an administrative review of certain
companies, the Department is rescinding, in part, this review of
freshwater crawfish tail meat from the PRC, in accordance with section
351.213(d)(1) of the Department's regulations. In addition, the
Department is also rescinding the administrative review with respect to
three companies which we have found had no exports of the subject
merchandise to the United States during the period of review, in
accordance with section 351.213(d)(3) of the Department's regulations.
EFFECTIVE DATE: August 6, 2002.
FOR FURTHER INFORMATION CONTACT: Doug Campau or Maureen Flannery, AD/
CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
1395 or (202) 482-3020, respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Tariff Act of 1930, as amended (the
Act). In addition, unless otherwise indicated, all citations to the
Department's regulations are to the provisions codified at 19 CFR part
351 (2001).
Background
On September 4, 2001, the Department published a notice of
opportunity to request an administrative review of the antidumping duty
order on freshwater crawfish tail meat from the PRC. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review (66 FR 46257). On
September 28, 2001, the Department received a timely request from the
Crawfish Processors Alliance, petitioner in this case, and the
Louisiana Department of Agriculture & Forestry and Bob Odom,
Commissioner, for an administrative review covering the period from
September 1, 2000, through August 31, 2001, in accordance with 19 CFR
351.213(b)(1). The petitioner requested a review of the following
companies: China Everbright; China Kingdom Import & Export Co., Ltd.,
aka China Kingdoma Import & Export Co., Ltd., aka Zhongda Import &
Export Co., Ltd. (China Kingdom); Coastal (Jiang Su) Foods Co., Ltd.
(Coastal Foods); Fujian Pelagic Fishery Group Co. (Fujian Pelagic);
Hefei Zhongbao Aquatic Co., Ltd. (Hefei Zhongbao); Huaiyin Foreign
Trade Corporation (5), aka Jiangsu Hilong International Trading
(Huaiyin 5); Huaiyin Foreign Trade Corporation (30) (Huaiyin 30);
Jiangsu Cereals, Oils, & Foodstuffs Import & Export Corp. (Jiangsu
Cereals); Nantong Delu Aquatic Food Co., Ltd. (Nantong Delu); Nantong
Shengfa Frozen Food Co., Ltd. (Nantong Shengfa); Ningbo Nanlian Frozen
Foods Co., Ltd. (Ningbo Nanlian); North Supreme Seafood (Zhejiang) Co.,
Ltd. (North Supreme); Qingdao Rirong Foodstuff Co., Ltd., aka Qingdao
Rirong Foodstuffs (Qingdao Rirong); Qingdao Zhengri Seafood Co., Ltd.,
aka Qingdao Zhengri Seafoods (Qingdao Zhengri); Rizhao Riyuan Marine
and Food Products Co., Ltd. (Rizhao Riyuan); Shanghai Taoen
International Trading Co., Ltd. (Shanghai Taoen); Shantou
[[Page 50861]]
SEZ Yangfeng Marine Products Co. (Shantou SEZ); Shouzhou Huaxiang
Foodstuffs Co., Ltd. (Shouzhou Huaxiang); Suqian Foreign Trade Corp.,
aka Suqian Foreign Trading (Suqian Foreign Trade); Taizhou Tianhe
Aquatic Products Co., Ltd. (Taizhou Tianhe); Weishan Fukang Foodstuffs
Co., Ltd. (Weishan Fukang); Yancheng Baolong Biochemical Products Co.,
Ltd. (Yancheng Baolong); Yancheng Foreign Trade Corp., aka Yancheng
Foreign Trading, aka Yang Cheng Foreign Trading (Yancheng Foreign
Trade); Yancheng Haiteng Aquatic Products & Foods Co., Ltd. (Yancheng
Haiteng); Yancheng Yaou Seafoods (Yancheng Yaou); Yangzhou Lakebest
Foods Co., Ltd. (Yangzhou Lakebest); and Yixing Ban Chang Foods Co.,
Ltd. (Yixing Ban Chang).
On September 28, 2001, China Kingdom and Qingdao Zhengri, which
were included in the petitioner's request for review, also requested
review of their own shipments. The Department published a notice of
initiation of this antidumping duty administrative review on October
26, 2001. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 65 FR 54195
(October 26, 2001).
On December 10, 2001, petitioner withdrew its request for review of
the following companies: China Everbright, China Kingdom, Coastal
Foods, Huaiyin 30, Hefei Zhongbao, Jiangsu Cereals, North Supreme,
Rizhao Riyuan, Shouzhou Huaxiang, Taizhou Tianhe, Yancheng Baolong,
Yancheng Yaou, and Yixing Ban Chang. On January 24, 2002, petitioner
withdrew its request for review of the following companies: Nantong
Delu, Nantong Shengfa, Weishan Fukang, and Yancheng Haiteng.
On November 27, 2001, Huaiyin 5 informed the Department that it did
not export the subject merchandise to the United States during the
period of review. On November 28, 2001, Ningbo Nanlian informed the
Department that it did not export the subject merchandise to the United
States during the period of review, and that its affiliated importer,
Louisiana Packing Company, did not import the subject merchandise to
the United States during the period of review. In addition, on December
27, 2001, Shanghai Taoen informed the Department that it did not
produce, sell, or export the subject merchandise to the United States
during the period of review. The Department reviewed data on entries
under the order during the period of review from the U.S. Customs
Service, and requested further information regarding certain entries
from Huaiyin 5 and Ningbo Nanlian. Based on the March 18, 2002
responses to its inquiries, the Department is satisfied that those
companies had no reportable U.S. entries or exports of subject
merchandise during the period of review. The Department's review of
U.S. Customs data regarding Shanghai Taoen revealed no reportable U.S.
entries or exports of subject merchandise by that company during the
period of review.
Rescission, in Part, of the Administrative Review
Pursuant to our regulations, the Department will rescind an
administrative review, ``if a party that requested the review withdraws
the request within 90 days of the date of publication of notice of
initiation of the requested review.'' See 19 CFR 351.213(d)(1). Since
petitioner submitted timely withdrawals of its request for review of
China Everbright, China Kingdom, Coastal Foods, Huaiyin 30, Hefei
Zhongbao, Jiangsu Cereals, Nantong Delu, Nantong Shengfa, North
Supreme, Rizhao Riyuan, Shouzhou Huaxiang, Taizhou Tianhe, Weishan
Fukang, Yancheng Baolong, Yancheng Haiteng, Yancheng Yaou, and Yixing
Ban Chang, the Department is rescinding its antidumping administrative
review of those companies, with the exception of China Kingdom and
Yancheng Yaou, in accordance with 19 CFR 351.213(d)(1). On September
28, 2001, China Kingdom requested review of its own shipments.
Therefore, the Department cannot rescind the review of that company. In
the previous administrative review, covering the period September 1,
1999, through August 31, 2000, Yancheng Yaou and Qingdao Zhengri were
treated as a single entity. In the current review, Qingdao Zhengri and
Yancheng Yaou have not reported any changes with respect to their
ownership and operations. Therefore, although petitioner withdrew its
request for review of Yancheng Yaou, the Department is still
considering whether it is appropriate to rescind the review for that
company.
In addition, the Department's regulations provide that the
Secretary ``may rescind an administrative review, in whole or only with
respect to a particular exporter or producer, if the Secretary
concludes that, during the period covered by the review, there were no
entries, exports, or sales of the subject merchandise, as the case may
be.'' See 19 CFR 351.213(d)(3). The Department reviewed data on entries
under the order during the period of review from the U.S. Customs
Service, and, after further inquiries, is satisfied that Huaiyin 5,
Ningbo Nanlian, and Shanghai Taoen had no reportable U.S. entries or
exports of the subject merchandise during the period of review.
Therefore, the Department is rescinding the administrative review with
respect to those companies, in accordance with 19 CFR 351.213(d)(3).
On June 3, 2002, the Department issued a memorandum stating our
intent to rescind, in part, the administrative review of the
antidumping order on freshwater crawfish tail meat from the PRC. See
Memorandum to the File from Adina Teodorescu, Case Analyst, through
Barbara E.Tillman, Director, Office of AD/CVD Enforcement VII: Intent
to Partially Rescind the Antidumping Administrative Review (on file in
the Department's Central Records Unit in Room B-099). We provided
copies of the memorandum to all the parties which had received a
questionnaire in this review. See Memorandum to the File, through
Maureen Flannery, from Adina Teodorescu: Partial Rescission Memorandum
for the Antidumping Review of Freshwater Crawfish Tail Meat from the
People's Republic of China (June 3, 2002); Memorandum to the File,
through Maureen Flannery, from Adina Teodorescu: Partial Rescission
Memorandum for the Administrative Review of Freshwater Crawfish Tail
Meat from the People's republic of China (June 21, 2002); Memorandum to
the File, through Maureen Flannery, from Adina Teodorescu: Attempts to
Contact Parties about the Partial Rescission Memorandum for the
Administrative Review of Freshwater Crawfish Tail Meat from the
People's Republic of China (July 11, 2002). Since none of the parties
commented on our intent to rescind, the Department is rescinding, in
part, the administrative review of the antidumping duty order on
freshwater crawfish tail meat from the PRC for the period September 1,
2000, through August 31, 2001. The Department will issue appropriate
assessment instructions to the Customs Service. Although the Department
is rescinding the administrative review of Shouzhou Huaxiang and North
Supreme, those companies are still subject to new shipper reviews for
the period September 1, 2000, through August 31, 2001.
Based on these rescissions, the administrative review of the
antidumping duty order on freshwater crawfish tail meat from the PRC,
for the period September 1, 2000, through August 31, 2001, now covers
the following companies: China Kingdom,
[[Page 50862]]
Fujian Pelagic, Qingdao Rirong, Qingdao Zhengri/Yancheng Yaou, Shantou
SEZ, Suqian Foreign Trade, Yancheng Foreign Trade, and Yangzhou
Lakebest.
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 and notice are issued and published in
accordance with 19 CFR 351.213(d)(4) and sections 751(a)(1) and
777(i)(1) of the Act.
Dated: July 24, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-19826 Filed 8-5-02; 8:45 am]
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