[Federal Register Volume 68, Number 215 (Thursday, November 6, 2003)]
[Notices]
[Pages 62774-62775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27967]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received 
timely requests from Siyang Foreign Trade Co., Ltd. (Siyang FTC) and 
its producer Anhui Golden Bird Agricultural & Side-Line Products 
Development Co., Ltd. (Golden Bird), Yancheng Fuda Foods Co., Ltd. 
(Fuda), and Qingdao Xiyuan Refrigerate Food Co., Ltd. (Xiyuan) to 
conduct new shipper reviews of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (PRC). Fuda and 
Xiyuan each produced and exported the subject merchandise. In 
accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and section 351.214(d) of the Department's 
regulations, we are initiating these new shipper reviews.

EFFECTIVE DATE: November 6, 2003.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Matthew Renkey, 
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) 482-2312, respectively.

Background

    On July 28, 2003, the Department received a timely request from 
Siyang FTC, in accordance with section 751(a)(2)(B) of the Act and 19 
CFR 351.214(c), for a new shipper review of this antidumping duty order 
on freshwater crawfish tail meat from the PRC, which has a September 
anniversary date. On September 29, 2003, the Department also received 
timely requests from Fuda and Xiyuan filed in accordance with the 
statute and regulations. Siyang FTC had made a previous request for a 
new shipper review which the Department initiated, but later rescinded 
based on Siyang's failure to provide the proper certifications pursuant 
to 19 CFR 351.214(b)(2). See Freshwater Crawfish Tail Meat for the 
People's Republic of China: Rescission of Antidumping Duty New Shipper 
Review, 68 FR 37115 (June 23, 2003). Siyang FTC has submitted the 
certifications required for the initiation of this current new shipper 
review.
    As required by 19 CFR 351.214(b)(2)(i), (ii), and (iii)(A), Siyang 
FTC and its producer Golden Bird, along with Fuda, and Xiyuan have 
certified that they did not export freshwater crawfish tail meat to the 
United States during the period of investigation (POI), and that they 
have never been affiliated with any exporter or producer which exported 
freshwater crawfish tail meat to the United States during the POI. 
Siyang FTC, Fuda and Xiyuan have further certified that their export 
activities are not controlled by the central government of the PRC, 
pursuant to the requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant 
to the Department's regulations at section 351.214(b)(2)(iv)(A), Siyang 
FTC, Fuda and Xiyuan each submitted documentation establishing both the 
date on which they first shipped the subject merchandise to the United 
States and the date of entry of that first shipment. Pursuant to the 
Department's regulations at sections 351.214(b)(2)(iv)(B) and (C), 
Siyang FTC, Fuda, and Xiyuan also provided documentation which 
established the volume of that shipment and the date of the first sale 
to an unaffiliated customer in the United States. Also pursuant to the 
Department's regulations at section 351.214(b)(2)(iv)(B), Siyang FTC 
reported the volume of subsequent shipments during the period of review 
(POR). Fuda and Xiyuan certified that they had no subsequent shipments. 
After reviewing the submissions with respect to the new shipper review 
requests filed on behalf of Siyang FTC, Fuda and Xiyuan, the Department 
found that they meet the threshhold for initiation in accordance with 
section 351.214(b) of the Department's regulations.

Initiation of Reviews

    In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR 
351.214(d)(1), we are initiating new shipper reviews of the antidumping 
duty order on freshwater crawfish tail meat from the PRC.
    In accordance with 19 CFR 351.214(g)(1)(i)(A) of the Department's 
regulations, the POR for a new shipper review, initiated in the month 
immediately following the anniversary month, will be the twelve-month 
period immediately preceding the anniversary month. Because of the 
timing of Siyang FTC's first shipment and the timing of the request, 
the Department has determined that it is appropriate in this review to 
extend the POR backwards for Siyang FTC to include its initial new

[[Page 62775]]

shipper sale, which was made prior to the standard POR.
    The PORs for these new shipper reviews are:

------------------------------------------------------------------------
     Antidumping duty new shipper reviews        Period to be reviewed
------------------------------------------------------------------------
Siyang Foreign Trade Co., Ltd./Producer:                  7/1/02-8/31/03
 Anhui Golden Bird Agricultural & Side-Line
 Products Development Co., Ltd...............
Yancheng Fuda Foods Co., Ltd.................             9/1/02-8/31/03
Qingdao Xiyuan Refrigerate Food Co., Ltd.....             9/1/02-8/31/03
------------------------------------------------------------------------

    We will instruct the U.S. Customs and Border Protection (CBP) to 
allow, at the option of the importer, the posting, until the completion 
of the review, of a single entry bond or security in lieu of a cash 
deposit for subject merchandise exported by and produced by the above 
listed companies. See 19 CFR 351.214(e). Siyang FTC certified that it 
exported but did not produce the subject merchandise on which it based 
its new shipper review requests, and Golden Bird certified that it 
produced the subject merchandise exported by Siyang FTC. Therefore, we 
will instruct CBP to limit the bonding option to entries of subject 
merchandise exported by Siyang FTC and produced by Golden Bird. Fuda 
and Xiyuan certified that they both produced and exported the subject 
merchandise. Therefore, we will instruct CBP to limit the bonding 
option to entries of subject merchandise both produced and exported by 
Fuda and Xiyuan.
    Interested parties may submit applications for disclosure of 
business proprietary information under administrative protective order 
in accordance with 19 CFR 351.305 and 351.306.
    These initiations and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214.

    Dated: October 31, 2003.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 03-27967 Filed 11-5-03; 8:45 am]
BILLING CODE 3510-DS-P