[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Notices]
[Pages 72645-72646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30870]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Final Results of Expedited Sunset Review: Freshwater Crawfish 
Tail Meat From the People's Republic of China

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

ACTION: Notice of Final Results of Expedited Sunset Review: Freshwater 
Crawfish Tail Meat From the People's Republic of China.

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SUMMARY: On August 2, 2002, the Department of Commerce (``the 
Department'') published the notice of initiation of a five-year sunset 
review of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (``PRC''), pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act'').\1\ On the 
basis of a notice of intent to participate and adequate substantive 
comments filed on behalf of domestic interested parties, and inadequate 
response (in this case no response) from respondent interested parties, 
the Department determined to conduct an expedited sunset review of this 
antidumping duty order. As a result of this review, the Department 
finds that revocation of the antidumping order would be likely to lead 
to continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.
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    \1\ Notice of Initiation of Five Year ``Sunset'' Review of 
Antidumping Duty Order on Freshwater Crawfish Tail Meat from the 
People's Republic of China, 67 FR 50420 (August 2, 2002).

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EFFECTIVE DATE: December 6, 2002.

FOR FURTHER INFORMATION CONTACT: Amir R. Eftekhari or James P. Maeder, 
Jr., Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5331 or (202) 482-3330.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review is conducted pursuant to sections 751(c) and 752 of the 
Act. The Department's procedures for the conduct of sunset reviews are 
set forth in Procedures for Conducting Five-year ( ``Sunset'') Reviews 
of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) (``Sunset Regulations'') and in 19 CFR part 351 (2002) in 
general. Guidance on methodological or analytical issues relevant to 
the Department's conduct of sunset reviews is set forth in the 
Department's Policy Bulletin 98:3 Policies Regarding the Conduct of 
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

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 investigation and 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 (HTSUS) under HTSUS 
subheading 0306.19.00.10 and 0306.29.00.00. The HTSUS subheadings are 
provided for convenience and Customs purposes only. The written 
description of the scope of this proceeding is dispositive.

Background

    On August 2, 2002, the Department published the notice of 
initiation of the five-year sunset review of the antidumping duty order 
on freshwater crawfish tail meat from the PRC in accordance with 
section 751(c) of the Act.\2\ On August 16, 2002, the Department 
received a Notice of Intent to Participate on behalf of the Crawfish 
Processors Alliance (``CPA'') and its members; the Louisiana Department 
of Agriculture and Forestry (``LDAF''); Bob Odom, Commissioner; and the 
Domestic Parties \3\ (collectively, ``the domestic interested 
parties'') as specified in section 351.218(d)(1)(i) of the Sunset 
Regulations.
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    \2\ Notice of Initiation of Five Year ``Sunset'' Review of 
Antidumping Duty Order on Freshwater Crawfish Tail Meat from the 
People's Republic of China, 67 FR 50420 (August 2, 2002).
    \3\ The ``Domestic Parties'' are an ad hoc association 
comprising the CPA, LDAF, Commissioner Odom, and each of the 
individual members of the CPA listed in Exhibit A of the 
Petitioner's Substantive Response dated September 2, 2002. The 
Domestic Parties are `` `an association, a majority of whose members 
is composed of interested parties described in subparagraph (C), 
(D), or (E) of {19 U.S.C. 1677(9){time} [771(9)(C)(D)(E) of the Act] 
with respect to the domestic like product,' and are an interested 
party under 19 U.S.C. 1677(9) [771(9)(F) of the Act].''
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    On September 3, 2002, the Department received a complete 
substantive response from the domestic interested parties, as specified 
in the Sunset Regulations under section 351.218(d)(3)(i).
    The Department did not receive a substantive response from any 
respondent interested party in this proceeding. Consequently, pursuant 
to section 751(c)(3)(B) of the Act, and 19 CFR 351.218(e)(1)(ii)(C), 
the Department conducted an expedited (120-day) sunset review of this 
order.

Analysis of Comments Received

    All issues raised by the domestic interested parties to this sunset 
review are addressed in the Issues and Decision Memorandum (``Decision 
Memorandum'') from Jeffrey A. May, Director, Office of Policy, Import 
Administration, to Faryar Shirzad, Assistant Secretary for Import 
Administration, dated November 29, 2002, which is adopted by this 
notice. The issues discussed in the Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail were the order revoked. Parties can 
find a complete discussion of all issues raised in this sunset review 
and the corresponding recommendations in this public memorandum which 
is on file in the Central Records Unit, room B-099, of the Department's 
main building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the internet at http://ia.ita.doc.gov/frn, under 
the heading ``November 2002.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

[[Page 72646]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
              Manufacturer/producers/ exporter                  margin
                                                              (percent)
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China Everbright Trading Company...........................       156.77
Binzhou Prefecture Foodstuffs Import & Export Corp.........       119.39
Huaiyin Foreign Trade Corp.................................        91.50
Yancheng Foreign Trade Corp................................       108.05
Jiangsu Cereals, Oils & Foodstuffs Import & Export Corp....       122.92
Yancheng Baolong Aquatic Foods Co., Ltd....................       122.92
Huaiyin Ningtai Fisheries Co., Ltd.........................       122.92
Nantong Delu Aquatic Food Co., Ltd.........................       122.92
PRC-wide Rate..............................................       201.63
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    This notice serves as the only 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. Timely notification of 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 violation which is subject to sanction.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: November 27, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-30870 Filed 12-5-02; 8:45 am]
BILLING CODE 3510-DS-P