[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Pages 43085-43086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18472]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Notice of Final Results of Antidumping Duty New Shipper Review: 
Freshwater Crawfish Tail Meat From the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Commerce.
SUMMARY: On February 19, 2003, the Department published the preliminary 
results of the new shipper review of the antidumping duty order on 
freshwater crawfish tail meat from the People's Republic of China (68 
FR 7976). The review covers one producer/exporter, Weishan Zhenyu 
Foodstuff Co., Ltd. (Weishan Zhenyu), and exports of the subject 
merchandise to the United States during the period September 1, 2001 
through February 28, 2002.
    Based on our analysis of the record, including factual information 
developed since the preliminary results, the only changes we have made 
to the margin calculations for Weishan Zhenyu were for the purpose of 
updating surrogate values to achieve contemporaneity. These changes had 
no impact on the margin as calculated. See ``Final Results of Review'' 
section below.

EFFECTIVE DATE: July 21, 2003.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn or Douglas Kirby, 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-
3964 or (202) 482-3782, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    We published the preliminary results of this new shipper review on 
February 19, 2003. See Notice of Preliminary Results of Antidumping 
Duty New Shipper Reviews: Freshwater Crawfish Tail Meat From the 
People's Republic of China, 68 FR 7976 (Preliminary Results). In the 
preliminary results, the Department did not address whether the sale 
made by Weishan Zhenyu in this new shipper review was bona fide. At the 
time of the Preliminary Results, we noted that the Department had 
issued a questionnaire to Weishan Zhenyu's importer, but had not yet 
received the response. Further, we indicated that we would analyze any 
information provided by the importer of Weishan Zhenyu's new shipper 
sale for purposes of the final results of this new shipper review. 
Consequently, we solicited additional information regarding the 
totality of circumstances surrounding Weishan Zhenyu's sale, including 
additional details on the price and quantity, and the details 
surrounding the business relationship between Weishan Zhenyu and its 
importer. In the Preliminary Results, we invited comments from the 
parties. We received no comments.

Scope of the Antidumping Duty Order

    The product covered by this 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 (as of March 1, 2003, renamed the U.S. Bureau of Customs and 
Border Protection) 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 only. The 
written description of the scope of this order is dispositive.

Analysis

    In the Preliminary Results, we invited comments from the parties. 
We received no comments. However, the Crawfish Processors Alliance, the 
Louisiana Department of Agriculture and Forestry, and Commissioner Bob 
Odom (collectively the ``Domestic Interested Parties'') provided timely 
factual information to rebut the importer's May 19 questionnaire 
response. The information provided in the supplemental questionnaire 
responses and the Domestic Interested Parties' factual submission is 
addressed in the Memorandum to the File through Barbara E. Tillman, 
Acting Deputy Assistant Secretary for Import Administration, Group III: 
Freshwater Crawfish Tail Meat from the People's Republic of China: 
Analysis of Weishan Zhenyu's New Shipper Transaction, dated July 14, 
2003 (Weishan Zhenyu Memo), which is on file in the Central Records 
Unit, room B-099 of the main Commerce Building.
    We have now analyzed all of the information provided by interested 
parties with respect to the question of whether Weishan Zhenyu's sale 
under review constitutes a bona fide sale. As discussed fully in the 
Weishan Zhenyu Memo, we find that, based on the information on the 
record regarding Weishan Zhenyu's single sale to the U.S., we cannot 
conclude that the sale was not bona fide. However, if, during the 
conduct of our administrative review or other new shipper reviews of 
this order, we uncover any information which shows that this was not a 
legitimate commercial transaction, we may consider whether it is 
appropriate to initiate a changed circumstances review, or whether it 
is appropriate to refer the matter to the U.S. Bureau of Customs and 
Border Protection (BCBP).

[[Page 43086]]

Final Results of Review

    Based on our analysis of information obtained after the Preliminary 
Results from the importer's questionnaire responses and the Domestic 
Interested Parties' comments thereon, we have made not made any changes 
to the margin calculation methodology for Weishan Zhenyu. For factors 
of production for which more contemporaneous data have become available 
since the preliminary results, we updated the factor values 
accordingly. However, these changes had no impact on the margin. 
Accordingly, we continue to find that a margin of zero percent exists 
for Weishan Zhenyu for the period September 1, 2001 through February 
28, 2002. The Department will issue assessment instructions directly to 
BCBP.

Assessment of Antidumping Duties

    Upon completion of this new shipper review, the Department shall 
determine, and BCBP shall assess, antidumping duties on all appropriate 
entries. Since we calculated a margin of zero percent, we will instruct 
BCBP to liquidate the reviewed entries without regard to antidumping 
duties. The Department will issue appropriate assessment instructions 
directly to BCBP within 15 days of publication of the final results of 
review.

Cash Deposits

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Weishan Zhenyu 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. Effective upon publication of these 
final results for this new shipper review, and since we calculated a 
margin of zero percent, there will be no cash deposit requirement for 
shipments of freshwater crawfish tail meat that is both produced and 
exported by Weishan Zhenyu, 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. However, we will instruct BCBP to continue the 
suspension of liquidation of entries of freshwater crawfish tail meat 
that is both produced and exported by Weishan Zhenyu, and entered on or 
after the date of publication of these final results. For shipments of 
freshwater crawfish tail meat exported by Weishan Zhenyu, but not 
produced by Weishan Zhenyu, cash deposits will be required at the PRC-
wide rate in effect on the date of entry. The PRC-wide rate is 
currently 223.01 percent. There are no changes to the rates applicable 
to any other company under this order.

Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with these final results of review 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 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.
    This new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: July 14, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary.
[FR Doc. 03-18472 Filed 7-18-03; 8:45 am]
BILLING CODE 3510-DS-P