[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withdrawn its request for an administrative review of certain 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]
BILLING CODE 3510-DS-P