[Federal Register Volume 68, Number 172 (Friday, September 5, 2003)]
[Notices]
[Pages 52745-52746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22663]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Preliminary Notice of Intent to Rescind New Shipper 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review of the antidumping duty order on freshwater crawfish 
tail meat from the People's Republic of China (PRC) in response to a 
request from Zhoushan Huading Seafood Co., Ltd. (``Zhoushan Huading''). 
The period of review (POR) is September 1, 2001, through August 31, 
2002. We have preliminarily determined that the new shipper review of 
Zhoushan Huading should be rescinded because the sale was not bona 
fide. Much of the information upon which we relied to analyze the bona 
fides is business proprietary, therefore our full analysis is set forth 
in the Memorandum to 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 Zhoushan 
Huading's New Shipper Transaction, dated August 28, 2003 (Zhoushan 
Huading Memo), which is on file in the Central Records Unit, room B-099 
of the main Commerce Building. Interested parties are invited to 
comment on this preliminary rescission determination.

EFFECTIVE DATE: September 5, 2003.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Thomas Gilgunn, 
Office of AD/CVD Enforcement VII, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3782 or (202) 482-4236, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2002, the Department received a properly filed 
request for a new shipper review, in accordance with section 
751(a)(2)(B) of the Act and section 351.214(b),(c) of the Department's 
regulations, from Zhoushan Huading under the antidumping duty order on 
freshwater crawfish tail meat from the People's Republic of China. On 
October 18, 2002, the Department sought clarification in regard to the 
identification of Zhoushan Huading's reported buyer for the shipment of 
crawfish tail meat under review, since the reported buyer identified on 
Zhoushan Huading's commercial invoice and bill of lading was different 
from the importer of record identified on the Customs entry summary 
submitted with the request. On October 23, 2002, Zhoushan Huading 
explained that its shipment of crawfish tail meat was sold initially to 
the reported buyer, and the reported buyer then took title of the 
shipment of crawfish tail meat from Zhoushan Huading and transferred 
ownership of the shipment of crawfish tail meat and the associated bill 
of lading to the importer of record.
    The Department determined that the request met the requirements 
stipulated in section 351.214 of the regulations. On November 7, 2002, 
the Department published its initiation of this new shipper review for 
the period September 1, 2001, through August 31, 2002. See Freshwater 
Crawfish Tail Meat From the People's Republic of China: Initiation of 
New Shipper Antidumping Administrative Reviews, 67 FR 67822 (November 
7, 2002).
    On January 6, 2003, the Department received Zhoushan Huading's 
section A, C and D questionnaire responses. On March 6, 2003, the 
Department issued its first supplemental questionnaire to Zhoushan 
Huading. On March 31, 2003, Zhoushan Huading submitted its response to 
the first supplemental questionnaire. On April 2, 2003, the Department 
issued an importer questionnaire to the reported buyer. On May 19, 
2003, the Department received a response to the importer questionnaire 
from the importer of record. On May 6, 2003, the Department issued its 
second supplemental questionnaire to Zhoushan Huading. On May 20, 2003, 
Zhoushan Huading submitted its response to the second supplemental 
questionnaire. On May 28, 2003, the Department issued supplemental 
questionnaires to both the reported buyer and the importer of record. 
On June 9, 2003, the reported buyer and the importer of record 
requested a one week extension to respond to the supplemental 
questionnaires. The Department extended the deadline to June 16, 2003. 
Neither the reported buyer or the importer of record has yet submitted 
a response to the importer supplemental questionnaire. On July 23, 
2003, the Department issued a third supplemental questionnaire to 
Zhoushan Huading. On August 6, 2003, Zhoushan Huading submitted its 
response to the third supplemental questionnaire.
    On April 14, 2003, the Department extended the due date for the 
preliminary results of this new shipper review by 120 days until August 
28, 2003. See Freshwater Crawfish Tail Meat from the People's Republic 
of China: Notice of Extension of Time Limit of Preliminary Results of 
New Shipper Review, 68 FR 18946 (April 14, 2003).

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 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.

Preliminary Intent to Rescind

    Concurrent with this notice, we are issuing our memorandum 
detailing our analysis of the bona fides of Zhoushan Huading's U.S. 
sale and our preliminary decision to rescind based on the totality of 
the circumstances of the sale. Although much of the information relied 
upon by the Department to analyze the issues is business proprietary, 
the Department based its determination that the new shipper sale made 
by Zhoushan Huading was not bona fide on the following: 1) the price 
and quantity for Zhoushan Huading's sale of crawfish tail meat were 
atypical vis-a-vis other exports from the PRC of the subject 
merchandise into the United States during the period of review, 2)

[[Page 52746]]

there are conflicting accounts as to who purchased the crawfish tail 
meat and who paid Zhoushan Huading for the shipment, 3) there remains 
uncertainty in regard to the commercial reasonableness of the sale, 4) 
there are inconsistencies in the terms of sale, and 5) the Department 
has been unable to establish that the importing parties are actual 
commercial entities.

Schedule for Final Results of Review

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with section 351.310(c) of the 
Department's regulations. Any hearing would normally be held 37 days 
after the publication of this notice, or the first workday thereafter, 
at the U.S. Department of Commerce, 14th Street and Constitution Avenue 
N.W., Washington, DC 20230. Individuals who wish to request a hearing 
must submit a written request within 30 days of the publication of this 
notice in the Federal Register to the Assistant Secretary for Import 
Administration, U.S. Department of Commerce, Room 1870, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230. Requests for a public 
hearing should contain: (1) the party's name, address, and telephone 
number; (2) the number of participants; and, (3) to the extent 
practicable, an identification of the arguments to be raised at the 
hearing.
    Unless otherwise notified by the Department, interested parties may 
submit case briefs within 30 days of the date of publication of this 
notice in accordance with 351.309(c)(ii) of the Department's 
regulations. As part of the case brief, parties are encouraged to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited. Rebuttal briefs, which must 
be limited to issues raised in the case briefs, must be filed within 
five days after the case brief is filed. If a hearing is held, an 
interested party must limit its presentation only to arguments raised 
in its briefs. Parties should confirm by telephone the time, date, and 
place of the hearing 48 hours before the scheduled time.
    The Department will issue the final results of this new shipper 
review, which will include the results of its analysis of issues raised 
in the briefs, within 90 days from the date of the preliminary results, 
unless the time limit is extended.

Notification

    At the completion of this new shipper review, either with a final 
rescission or a notice of final results, the Department will notify the 
U.S. Bureau of Customs and Border Protection (``BCBP'') that bonding is 
no longer permitted to fulfill security requirements for shipments by 
the exporter/producter combination Zhoushan Huading 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 the 
final rescission or results notice in the Federal Register. After the 
publication of the final rescission notice, a cash deposit of 223.01 
percent ad valorem shall be collected for any entries exported/produced 
by Zhoushan Huading. Should the Department reach a final result other 
than a rescission, an appropriate antidumping duty rate will be 
calculated for both assessment and cash deposit purposes.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (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/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanctions.
    This new shipper review and this notice are published in accordance 
with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: August 28, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-22663 Filed 9-4-03; 8:45 am]
BILLING CODE 3510-DS-S