[Federal Register Volume 68, Number 7 (Friday, January 10, 2003)]
[Notices]
[Pages 1439-1441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-525]


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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 Antidumping Duty New Shipper Review, 
and Final Rescission of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On August 12, 2002, the Department of Commerce (the 
Department) published the preliminary results of its new shipper 
reviews of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (PRC) for Shouzhou Huaxiang 
Foodstuffs Co., Ltd (Shouzhou Huaxiang) and North Supreme Seafood 
(Zhejiang) Co., Ltd. (North Supreme). See Notice of Preliminary Results 
of Antidumping Duty New Shipper Reviews: Freshwater Crawfish Tail Meat 
from the People's Republic of China, 67 FR 52442 (August 12, 2002) 
(Preliminary Results). These new shipper reviews cover the periods 
September 1, 2000 through August 31, 2001 for Shouzhou Huaxiang and 
September 1, 2000 through October 15, 2001 for North Supreme. Based on 
a request by North Supreme, the POR was extended by 45 days to cover 
the entries of its shipments into the United States. See Memorandum Re: 
Extension of the Period of Review in the New Shipper Administrative 
Review of Freshwater Crawfish Tail Meat From the People's Republic of 
China, from Holly Hawkins, Analyst, Group III, Office 7, Through Dana 
Mermelstein, Program Manager, Group III, Office 7, to the File, dated 
April 29, 2002.
    Based on our analysis of the comments received, we are rescinding 
the new shipper review of North Supreme. Furthermore, we have made 
changes to the margin calculation for Shouzhou Huaxiang. Therefore, the 
final results for these companies differ from the preliminary results. 
The final weighted-average dumping margin for Shouzhou Huaxiang is 
listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: January 10, 2003.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay or Thomas Gilgunn; 
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) 482-0780 and (202) 482-4236, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The companies covered by these new shipper reviews are North 
Supreme and Shouzhou Huaxiang. Since the publication of the Preliminary 
Results, the following events have occurred. On September 11, 2002, we 
received timely case briefs from the petitioners and from North Supreme 
and Shouzhou Huaxiang. On September 16, 2002, we received timely 
rebuttal briefs from petitioner, North Supreme and Shouzhou Huaxiang. 
On October 10, 2002, the Department conducted a public hearing on the 
issues presented by interested parties in their case and rebuttal 
briefs. On November 8, 2002, the Department issued an additional 
questionnaire requesting information from each respondent concerning 
the bona fides of their sales in these new shipper reviews. The 
Department received responses to these questionnaires on November 18, 
2002. We received comments on these responses from petitioners (in the 
form of additional factual information and argument as provided under 
section 351.301(c)(1) of the Department's regulations) on November 25, 
2002, and rebuttal comments from Shouzhou Huaxiang and North Supreme on 
December 3, 2002, and December 13, 2002. We requested additional 
information from the respondents on November 25, 2002, and we received 
responses from the respondents on December 3, 2002. In accordance with 
section 351.301(c)(1) of the Department's regulations, we received 
factual information from petitioners on December 10, 2002 that was 
submitted in order to rebut or clarify new factual information 
submitted by respondents. We received information from respondents on 
December 13, 2002, that was also submitted to rebut or clarify new 
factual information submitted by petitioners in their December 10, 2002 
response.
    The Department has now completed these reviews in accordance with 
section 751 (a)(2)(B) of the Act.

Scope of the Antidumping Duty Order

    The merchandise covered by this antidumping duty order 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 numbers 
for prepared foodstuffs, indicating peeled crawfish tail meat and 
other, as introduced by the U.S. Customs Service in 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

[[Page 1440]]

only. The written description of the scope of this order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
to these new shipper reviews are addressed in the Issues and Decision 
Memorandum for the Final Rescission of the New Shipper Review of 
Freshwater Crawfish Tail Meat from the People's Republic of China for 
North Supreme Seafood and for the Final Results of the New Shipper 
Review of Freshwater Crawfish Tail Meat from the People's Republic of 
China for Shouzhou Huaxiang, dated January 2, 2003 (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 Decision Memo, is attached to this 
notice as an appendix. Parties can find a complete discussion of all 
issues raised in these reviews 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 Decision Memo can be accessed directly on the internet at 
http://ia.ita.doc.gov. The paper copy and electronic version of 
Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made one change 
in the margin calculation for Shouzhu Huaxiang. We have removed from 
our calculation of normal value an offset for the production and sale 
of crawfish scrap. For a discussion of the issues for each company, 
refer to the Decision Memo. Since we are rescinding the new shipper 
review with respect to North Supreme, North Supreme will be subject to 
the PRC-wide rate.

Valuation of Crawfish Input

    For this final decision in these crawfish new shipper reviews, we 
are using the trade statistics for whole live freshwater crawfish 
imports into Spain from Portugal, for September 1, 2000, through August 
31, 2001, as published by the Agencia Estatal de Administracion 
Tributaria on its website on October 7, 2002. See Memorandum Re: Final 
Data for the Surrogate Valuation of Whole Live Freshwater Crawfish, 
From Adina Teodorescu, Case Analyst, Office of AD/CVD Enforcement VII, 
Through Maureen Flannery, Program Manager, Office of AD/CVD Enforcement 
VII, To the File, dated (November 19, 2002).

Rescission of New Shipper Review for North Supreme

    In order to sustain a new shipper review, the exporter or producer 
must show that there was a bona fide first sale to the United States in 
accordance with 19 CFR 351.214(b)(2)(iv)(C). In these new shipper 
reviews, we have examined the bona fides of the sales under review for 
North Supreme and Shouzhou Huaxiang. See Memorandum to Joseph A. 
Spetrini through Barbara E. Tillman: Freshwater Crawfish Tail Meat from 
The People's Republic of China: Whether the Sales in the New Shipper 
Review of North Supreme Are Bona Fide, dated January 2, 2003 (North 
Supreme Memo).
    Because much of the information relied upon in our analysis of 
whether these North Supreme's sales were bona fide is business 
proprietary, our full analysis is contained in the North Supreme Memo. 
For the reasons discussed therein and in the accompanying Issues and 
Decision Memo, we find that the new shipper sales made by North Supreme 
were not bona fide. North Supreme's new shipper sales were commercially 
unreasonable, were atypical of normal business practices, and were at 
prices and quantities that did not reflect its normal business 
practices. Therefore it is appropriate to rescind this new shipper 
review for North Supreme. For Shouzhou Huaxiang, we find that its sales 
were bona fide. Our reasoning is set forth in the Department's Position 
on Comment 1 in the Decision Memo.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period September 1, 2000 through August, 2001 for Shouzhou 
Huaxiang:

------------------------------------------------------------------------
     Manufacturer and Exporter         Time Period      Margin (percent)
------------------------------------------------------------------------
Shouzhou Huaxiang.................     9/1/00-8/31/01              15.44
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or 
customer)-specific assessment rate for merchandise subject to this 
review for Shouzhou Huaxiang. For North Supreme, the assessment rate 
will be the cash deposit rate at which the merchandise was entered. The 
Department will issue appropriate assessment instructions directly to 
the Customs Service within 15 days of publication of these final 
results of review. We will direct the Customs Service to assess the 
resulting assessment rates against the entered customs values for the 
subject merchandise on each of the importer's/customer's entries during 
the review period.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from North Supreme Seafood and Shouzhou 
Huaxiang of freshwater crawfish tail meat from the PRC entered, or 
withdrawn from warehouse, for consumption in the United States on or 
after the publication of this notice in the Federal Register. The 
following cash deposit requirements will be effective upon publication 
of these final results for this administrative review 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. For crawfish tail meat 
produced and exported by Shouzhou Huaxiang, we will establish a per 
kilogram cash deposit rate which will be equivalent to the company-
specific cash deposit established in this review. For crawfish tail 
meat exported by North Supreme, since we are rescinding the review, we 
will apply as the cash deposit rate the PRC-wide rate, which is 
currently 223.01 percent. There are no changes to the rates applicable 
to any other company under this order.
    The Department will disclose calculations performed in connection 
with these final results of reviews within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    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 1441]]

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

    Dated: January 2, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.

APPENDIX

List of Issues

1. The Bona Fides of North Supreme's and Shouzhou Huaxiang's Sales
2. Surrogate Value for Whole, Live Crawfish
3. Shouzhou Huaxiang's Scrap Credit
4. Application of Chain Rates
[FR Doc. 03-525 Filed 1-9-03; 8:45 am]
BILLING CODE 3510-DS-S