[Federal Register Volume 68, Number 172 (Friday, September 5, 2003)]
[Notices]
[Pages 52746-52747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22664]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Rescission of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 7, 2002 the Department published the initiation of 
new shipper reviews of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China covering the 
period September 1, 2001, through August 31, 2002. See Freshwater 
Crawfish Tail Meat From the People's Republic of China: Initiation of 
Antidumping New Shipper Reviews (67 FR 67822) (``New Shipper 
Initiation''). These new shipper reviews covered four exporters: 
Zhoushan Huading Seafood Co., Ltd. (Zhoushan Huading); Hubei Qianjiang 
Houhu Frozen & Processing Factory (Hubei Houhu); Qingdao Jin Yong Xiang 
Aquatic Foods Co., Ltd. (Qingdao JYX); and Siyang Foreign Trading 
Corporation (Siyang). For the reasons discussed below, we are 
rescinding the new shipper reviews of Hubei Houhu and Qingdao JYX.

EFFECTIVE DATE: September 5, 2003.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay or Thomas Gilgunn at 
(202) 482-0780 and (202) 482-4236, respectively; AD/CVD Enforcement, 
Office 7, Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 2002, the Department published the initiation of 
antidumping new shipper reviews of Qingdao JYX, Hubei Houhu, Zhoushan 
Huading, and Siyang, covering the period September 1, 2001, through 
August 31, 2002. See New Shipper Initiation. On April 14, 2003, the 
Department extended the time limit for the preliminary results of these 
new shipper reviews. See Notice of Extension of Time Limit of 
Preliminary Results of New Shipper Reviews: Freshwater Crawfish Tail 
Meat From the People's Republic of China, 68 FR 18946 (April 14, 2003).
    On January 6, 2003, the Department received Hubei Houhu's 
questionnaire responses regarding its corporate structure, sales 
information, and factors of production. A supplemental questionnaire 
was issued by the Department requesting additional sales information; 
Hubei Houhu responded on March 31, 2003. The Department also issued a 
questionnaire to Hubei Houhu's importer. Hubei Houhu's importer 
submitted their response on March 14, 2003.
    On January 7, 2003, the Department received Qingdao JYX's 
questionnaire responses regarding its corporate structure, sales 
information, and factors of production. Three supplemental 
questionnaires and one importer questionnaire were issued by the 
Department requesting additional sales information; Qingdao JYX 
responded to these on March 31, 2003, June 12, 2003, July 2, 2003, and 
July 28, 2003.
    On June 23, 2003 the Department rescinded the review on Siyang. See

[[Page 52747]]

Freshwater Crawfish Tail Meat From the People's Republic of China: 
Rescission of Antidumping Duty New Shipper Review, 68 FR 37115 (June 
28, 2003). With respect to Zhoushan Huading, a preliminary notice of 
intent to rescind is being issued concurrently with this final 
rescission notice on Qingdao JYX and Hubei Houhu. See Freshwater 
Crawfish Tail Meat From the People's Republic of China: Preliminary 
Notice of Intent to Rescind New Shipper Administrative Review, signed 
August 28, 2003.

Analysis of New Shipper Reviews

    On August 15, 2003, the Department issued a memorandum detailing 
our analysis of the bona fides of Hubei Houhu's U.S. sale and our 
intent to rescind because we preliminarily determined that Hubei 
Houhu's U.S. sales were not bona fide based on the totality of the 
circumstances of the sale. See Memorandum from Scott Lindsay through 
Barbara E. Tillman to Joseph A. Spetrini; Freshwater Crawfish Tail Meat 
from The People's Republic of China: Whether the Sale in the New 
Shipper Review of Hubei Houhu is Bona Fide, dated August 15, 2003 
(``Hubei Houhu Rescission Memo''). In the memorandum, the Department 
preliminarily determined that the new shipper sale made by Hubei Houhu 
was not bona fide because (1) the pricing of Hubei Houhu's single sale 
is artificially high, and otherwise not commercially reasonable; (2) 
the extremely small quantity of the sale is atypical of normal business 
practices, and otherwise commercially unreasonable; and (3) the 
importer cannot resell the subject merchandise for a profit, and has 
otherwise not acted in a commercially reasonable manner. Id. at 3.
    On August 15, 2003, the Department issued a memorandum detailing 
our analysis of the bona fides of Qingdao JYX's U.S. sale and our 
intent to rescind because we concluded that Qingdao JYX's U.S. sale was 
not bona fide based on the totality of the circumstances of the sale. 
See Memorandum from Barbara E. Tillman to Joseph A. Spetrini; 
Freshwater Crawfish Tail Meat from The People's Republic of China: 
Intent to Rescind the New Shipper Review of Qingdao Jin Yong Xiang, 
dated August 15, 2003 (``Qingdao JYX Rescission Memo''). In the 
memorandum, the Department preliminarily determined that the new 
shipper sale made by Qingdao JYX was not bona fide because (1) the 
price and quantity of Qingdao JYX's sale is atypical of normal business 
practices, and otherwise commercially unreasonable; (2) an unusual 
sales process governed this sale, specifically the importer's intent to 
give this tail meat away as samples rather than resell it for profit; 
and (3) the shipment was found by the Food and Drug Administration 
(FDA) to be poisonous, and was destroyed under instructions from the 
FDA. Id. at 3.
    Our analysis of the sales under review, and our full reasoning for 
determining the sales are not bona fide, are presented in the Hubei 
Houhu Rescission Memo, the Qingdao JYX Rescission Memo, and the 
Memorandum to Barbara E. Tillman: Freshwater Crawfish Tail Meat from 
The People's Republic of China: the Bona Fide Issue in the New Shipper 
Review of Qingdao Jin Yong Xiang Aquatic Foods Co., Ltd. (``Rescission 
Comments Memo'').

Comments

    We gave the parties an opportunity to comment on both memoranda. No 
comments were submitted regarding our intent to rescind the new shipper 
review of Hubei Houhu. Qingdao JYX submitted comments on August 20, 
2003. Petitioners submitted rebuttal comments on August 22, 2003. We 
have fully addressed the parties' comments in the Rescission Comments 
Memo.

Rescission of New Shipper Reviews

    We received no comments on our intent to rescind the new shipper 
review of Hubei Houhu, therefore we are rescinding this new shipper 
review. We received comments on our intent to rescind the new shipper 
review of Qingdao JYX. However, our analysis of the comments has not 
led us to change our decision to rescind the review. See Rescission 
Comments Memo. Therefore, we are also rescinding the new shipper review 
with respect to Qingdao JYX.

Notification

    The Department will notify the U.S. Bureau of Customs and Border 
Protection (Customs) that bonding is no longer permitted to fulfill 
security requirements for shipments for Hubei Houhu's or Qingdao JYX's 
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 rescission notice in the Federal Register, and that 
a cash deposit of 223.01 percent ad valorem should be collected for any 
entries exported by Hubei Houhu or Qingdao JYX. The Department will 
also instruct Customs to assess antidumping duties on the entries 
subject to this new shipper review at the antidumping duty rate in 
effect on the date of entry.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act.

    Dated: August 28, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-22664 Filed 9-4-03; 8:45 am]
BILLING CODE 3510-05-P