[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Notices]
[Pages 9800-9804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4614]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


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

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 Shanghai Ocean Flavor International Trading Co., Ltd. 
(Shanghai Ocean Flavor). The period of review (POR) is September 1, 
2002 through February 28, 2003. The preliminary results are listed 
below in the ``Preliminary Results of Review'' section. Interested 
parties are invited to comment on these preliminary results.

EFFECTIVE DATE: March 2, 2004

FOR FURTHER INFORMATION CONTACT: Addilyn Chams-Eddine 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) 482-0648 or (202) 482-4236, respectively.

Background

    The Department published in the Federal Register an antidumping 
duty order on freshwater crawfish tail meat from the People's Republic 
of China on September 15, 1997. See Notice of Amendment to Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Freshwater Crawfish Tail Meat from the People's Republic of 
China, 62 FR 48218. On March 31, 2003, the Department received a timely 
request for a new shipper review under the antidumping duty order on 
freshwater crawfish tail meat from the People's Republic of China in 
accordance with section 751(a)(2)(B) of the Act and section 351.214(c) 
of the Department's regulations from Shanghai Ocean Flavor. In its 
request, Shanghai Ocean Flavor identified Jiangxi Quanfu Aquatic Food 
Co., Ltd. (Jiangxi Quanfu) as the sole company that produced the 
crawfish tail meat exported for its new shipper sales. On April 30, 
2003, the Department initiated this new shipper review for the period 
September 1, 2002 through February 28, 2003. (See Freshwater Crawfish 
Tail Meat From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review, 68 FR 23962 (May 6, 2003).)
    On May 12, 2003 we issued a questionnaire to Shanghai Ocean Flavor. 
On June 17, 2002, we received its sections A, C, and D questionnaire 
response. On August 5, 2003, we issued a supplemental questionnaire to 
Shanghai Ocean Flavor. We received the response to this questionnaire 
on August 19, 2003. On November 7, 2003, we issued a second 
supplemental questionnaire to Shanghai Ocean Flavor. We received its 
response to the second supplemental questionnaire on November 18, 2003. 
We issued a third supplemental questionnaire to Shanghai Ocean Flavor 
on November 14, 2003. We received its response to the third 
supplemental questionnaire on November 20, 2003.
    On August 22, 2003, we requested information from the U.S. importer 
of Shanghai Ocean Flavor's new shipper sales. We received its response 
to the questionnaire on September 11, 2003. We issued a supplemental 
questionnaire on November 7, 2003, to the U. S. importer of Shanghai 
Ocean Flavor's new shipper shipments. We received its response to the 
supplemental questionnaire December 4, 2003.
    On September 15, 2003, the Department extended the preliminary 
results of this new shipper review by 120 days until February 24, 2004. 
See Freshwater Crawfish Tail Meat from the People's Republic of China: 
Extension of Time Limit of Preliminary Results of New Shipper Review, 
68 FR 53960 (September 15, 2003).

SUPPLEMENTARY INFORMATION:

Scope of the Antidumping Duty Order

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

Verification

    As provided in section 782(i) of the Act, we conducted verification 
of the questionnaire responses of Shanghai Ocean Flavor. We used 
standard verification procedures, including on-site inspection of the 
exporter's and manufacturer's facilities and the examination of 
relevant sales and financial records. Our verification results are 
outlined in the New Shipper Review of Freshwater Crawfish Tail Meat 
(tail meat) from the People's Republic of China (PRC) (A-570-848): 
Sales and Factors Verification Report for Shanghai Ocean Flavor 
International Trading Co., Ltd., dated February 19, 2004 (Shanghai 
Ocean Flavor Verification Report). A public version of this report is 
on file in the Central Records Unit (CRU) located in room B-099 of the 
Main Commerce Building.

Separate Rates

    The Department has treated the PRC as a non-market-economy (NME) 
country in all past antidumping investigations and in prior segments of 
this proceeding. See, e.g., Notice of Final Determination of Sales at 
Less Than Fair Value: Bulk Aspirin From the People's Republic of China, 
65 FR 33805 (May 25, 2000), and Notice of Final Determination of Sales 
at Less Than Fair Value: Certain Non-Frozen Apple Juice Concentrate 
from the People's Republic of China, 65 FR 19873 (April 13, 2000). A 
designation as an NME remains in effect until it is revoked by the 
Department. See section 771(18)(C) of the Act. Accordingly, there is a 
rebuttable presumption that all companies within the PRC are subject to

[[Page 9801]]

government control and, thus, should be assessed a single antidumping 
duty rate.
    It is the Department's standard policy to assign all exporters of 
the merchandise subject to review in NME countries a single rate unless 
an exporter can affirmatively demonstrate an absence of government 
control, both in law (de jure) and in fact (de facto), with respect to 
exports. To establish whether a company is sufficiently independent to 
be eligible for a separate, company-specific rate, the Department 
analyzes each exporting entity in an NME country under the test 
established in the Final Determination of Sales at Less than Fair 
Value: Sparklers from the People's Republic of China, 56 FR 20588 (May 
6, 1991) (Sparklers), as amplified by the Notice of Final Determination 
of Sales at Less Than Fair Value: Silicon Carbide from the People's 
Republic of China, 59 FR 22585 (May 2, 1994) (Silicon Carbide). Under 
this policy, exporters in NMEs are eligible for separate, company-
specific margins when they can demonstrate an absence of government 
control, in law and in fact, with respect to export activities. 
Evidence supporting, though not requiring, a finding of de jure absence 
of government control over export activities includes: 1) an absence of 
restrictive stipulations associated with an individual exporter's 
business and export licenses; 2) any legislative enactments 
decentralizing control of companies; and 3) any other formal measures 
by the government decentralizing control of companies. De facto absence 
of government control over exports is based on four factors: 1) whether 
each exporter sets its own export prices independently of the 
government and without the approval of a government authority; 2) 
whether each exporter retains the proceeds from its sales and makes 
independent decisions regarding the disposition of profits or financing 
of losses; 3) whether each exporter has the authority to negotiate and 
sign contracts and other agreements; and 4) whether each exporter has 
autonomy from the government regarding the selection of management.
    Shanghai Ocean Flavor requested a separate, company-specific rate. 
Shanghai Ocean Flavor provided separate rates information in its 
questionnaire response. Accordingly, we performed separate-rate 
analysis to determine whether Shanghai Ocean Flavor is independent from 
government control. See Notice of Final Determination of Sales at Less 
than Fair Value: Bicycles From the People's Republic of China, 61 FR 
56570 (April 30, 1996).
De Jure Control
    With respect to the absence of de jure government control over the 
export activities of the company reviewed, evidence on the record 
supports the claim made by Shanghai Ocean Flavor that its export 
activities are not controlled by the government. Shanghai Ocean Flavor 
submitted evidence of its legal right to set prices independently of 
all government oversight. The business license of Shanghai Ocean Flavor 
indicates that the company is permitted to engage in the exportation of 
crawfish. We found no evidence of de jure government control 
restricting this company's exportation of crawfish.
    There are no export quotas that apply to crawfish. Prior 
verifications have confirmed that there are no commodity-specific 
export licenses required and no quotas for the seafood category 
``Other,'' which includes crawfish, in China's Tariff and Non-Tariff 
Handbook for 1996. In addition, we have previously confirmed that 
crawfish is not on the list of commodities with planned quotas in the 
1992 PRC Ministry of Foreign Trade and Economic Cooperation document 
entitled Temporary Provisions for Administration of Export Commodities. 
See e.g., Freshwater Crawfish Tail Meat From The People's Republic of 
China; Preliminary Results of New Shipper Review, 64 FR 8543 (February 
22, 1999) and Freshwater Crawfish Tail Meat From the People's Republic 
of China; Final Results of New Shipper Review, 64 FR 27961 (May 24, 
1999).
    Shanghai Ocean Flavor submitted a copy of the Company Law of the 
People's Republic of China (Company Law), adopted by the Fifth Meeting 
of the Standing Committee of the Eighth National People's Congress 
(effective July 1, 1994). The Company Law indicates a lack of de jure 
government control over privately-owned companies, such as Shanghai 
Ocean Flavor, and indicates that control over this enterprise rests 
with the enterprise itself. The Company Law states that, ``a company 
shall enjoy the rights to the entire property of the legal person 
formed by the investments of the shareholders and shall possess civil 
rights and bear the civil liabilities in accordance with the law.'' 
Additionally, Shanghai Ocean Flavor submitted, for the record of this 
review, the Foreign Trade Law of the People's Republic of China 
(Foreign Trade Law), adopted by the Seventh Meeting of the Standing 
Committee of the Eighth National People's Congress (effective on July 
1, 1994). The Foreign Trade Law also indicates a lack of de jure 
government control over privately-owned companies, such as Shanghai 
Ocean Flavor. The Foreign Trade Law regulations state that ``foreign 
trade operators shall in accordance with law enjoy full autonomy in 
their management and shall be responsible for their own profits and 
losses.'' See Notice of Final Determination of Sales at Less Than Fair 
Value; Manganese Metal from the People's Republic of China, 60 FR 56045 
(November 6, 1995). At verification, we examined the business license 
for Shanghai Ocean Flavor, which indicates that the license was granted 
in accordance with these laws. The results of verification support the 
information provided regarding the Company Law and the Foreign Trade 
Law. (See Shanghai Ocean Flavor Verification Report, at 2.) Therefore, 
we preliminarily determine that there is an absence of de jure control 
over export activity with respect to Shanghai Ocean Flavor.
De Facto Control
    With respect to the absence of de facto control over export 
activities, the information submitted on the record and reviewed at 
verification indicates that the management of Shanghai Ocean Flavor is 
responsible for the determination of export prices, profit 
distribution, marketing strategy, and contract negotiations. Our 
analysis indicates that there is no government involvement in the daily 
operations or the selection of management for this company. In 
addition, we have found that the respondent's pricing and export 
strategy decisions are not subject to the review or approval of any 
outside entity, and that there are no governmental policy directives 
that affect these decisions.
    There are no restrictions on the use of export earnings. The 
general manager of Shanghai Ocean Flavor has the right to negotiate and 
enter into contracts, and may delegate this authority to employees 
within the company. There is no evidence that this authority is subject 
to any level of governmental approval. Shanghai Ocean Flavor reported 
that its management is selected by a board of directors and there is no 
government involvement in the selection process. Finally, decisions 
made by the respondent concerning purchases of subject merchandise from 
suppliers are not subject to government approval. Consequently, because 
evidence on the record indicates an absence of government control, both 
in law and in fact, over the company's export activities, we 
preliminarily determine that a separate rate should be applied to 
Shanghai Ocean Flavor. For

[[Page 9802]]

further discussion of the Department's preliminary determination 
regarding the issuance of separate rates, see Memorandum for Dana 
Mermelstein from Addilyn Chams-Eddine entitled Separate Rates in the 
2002-2003 New Shipper Review of Freshwater Crawfish Tail Meat from the 
People's Republic of China, dated February 24, 2004. This memorandum is 
on file in the CRU.

Normal Value Comparisons

    To determine whether the respondent's sales of the subject 
merchandise to the United States were made at a price below normal 
value, we compared its United States price to normal value, as 
described in the ``United States Price'' and ``Normal Value'' sections 
of this notice.

United States Price

    Based on the information we have gathered to date, we preliminarily 
find Shanghai Ocean Flavor's sales to be bona fide. However, we will 
continue to analyze this issue for purposes of the final results of 
review. For a discussion of our analysis see Memorandum to the File 
through Dana Mermelstein from Addilyn Chams-Eddine entitled Bona Fide 
Nature of the New Shipper Review Sales of Shanghai Ocean Flavor 
International Trading Co., Ltd., dated February 24, 2004. A public 
version of this Memorandum is on file in the CRU.
    We based the United States price on export price (EP), in 
accordance with section 772(a) of the Act, because the first sale to an 
unaffiliated purchaser was made prior to importation, and constructed 
export price (CEP) was not otherwise warranted by the facts on the 
record. We calculated EP based on the packed price from the exporter to 
the first unaffiliated purchaser in the United States. We deducted 
foreign inland freight, international freight and foreign brokerage and 
handling expenses from the starting price (gross unit price) in 
accordance with section 772(c) of the Act.

Normal Value

1. Surrogate Country
    When investigating imports from an NME country, section 773(c)(1) 
of the Act directs the Department to base normal value, in most 
circumstances, on the NME producer's factors of production valued in a 
surrogate market-economy country or countries considered to be 
appropriate by the Department. In accordance with section 773(c)(4) of 
the Act, in valuing the factors of production, the Department shall 
use, to the extent practicable, the prices or costs of factors of 
production in one or more market-economy countries that are at a level 
of economic development comparable to the NME country and are 
significant producers of comparable merchandise. The sources of the 
surrogate factor values are discussed under the ``Factor Valuations'' 
section below.
    We calculated normal value based on factors of production in 
accordance with section 773(c)(4) of the Act and section 351.408(c) of 
our regulations. Consistent with the original investigation and the 
subsequent administrative reviews of this order, we determined that 
India (1) is comparable to the PRC in level of economic development, 
and (2) is a significant producer of comparable merchandise. See 
Memorandum to the File from Addilyn Chams-Eddine through Dana 
Mermelstein: Surrogate Values Used for the Preliminary Results of the 
Antidumping Duty New Shipper Review of Freshwater Crawfish Tailmeat 
from the People's Republic of China, dated February 24, 2004 (Factor 
Values Memo). This Memorandum is on file in the CRU.
2. Factors of Production
    Section 773(c)(1) of the Act provides that the Department shall 
determine normal value (NV) using a factors-of-production methodology 
if (1) the merchandise is exported from an NME country, and (2) 
available information does not permit the calculation of normal value 
using home-market prices, third-country prices, or constructed value 
under section 773(a) of the Act. Factors of production include the 
following elements: (1) hours of labor required, (2) quantities of raw 
materials employed, (3) amounts of energy and other utilities consumed, 
and (4) representative capital costs. We used the verified factors of 
production for materials, energy, labor, and packing. We valued all the 
input factors using publicly available information, as discussed in the 
``Surrogate Countrysection of this notice.
    With the exceptions of the whole live crawfish input and the 
crawfish shell scrap by-product, we valued the factors of production 
using publicly available information from India. We adjusted the Indian 
import prices by adding foreign inland freight expenses to make them 
delivered prices. For reasons which are discussed below in more detail, 
the live crawfish input was valued using Spanish import data and the 
crawfish shell scrap was valued using an Indonesian price quote. See 
Factor Values Memo.
    In accordance with 19 CFR 351.301(c)(3)(ii), for the final results 
of an administrative review and a new shipper review, interested 
parties may submit publicly available information to value the factors 
of production no later than 20 days following the date of publication 
of these preliminary results.
3. Factor Valuations
    We applied surrogate values to the factors of production to 
determine normal value. We valued the factors of production as follows:

Materials

Crawfish

    To value the input of whole live crawfish, we used publicly 
available data on Spanish imports of whole live crawfish from Portugal. 
Based on our research in prior reviews we used Spanish import data 
because: (1) there is no crawfish industry in India or in any of the 
other countries identified in the list of countries at a level of 
economic development comparable to that of the PRC (see Antidumping New 
Shipper Review of Freshwater Crawfish Tailmeat from the People's 
Republic of China: Request for a List of Surrogate Countries, dated 
February 11, 2004, on file in the CRU (Surrogate Countries Memo)); and 
(2) Spain is the only country which the Department determined has both 
a comparable product and publicly available import statistics. See 
e.g., Notice of Preliminary Results of Antidumping Duty New Shipper 
Review: Freshwater Crawfish Tail Meat from the People's Republic of 
China, 68 FR 7976 (February 19, 2003) (Weishan Zhenyu Prelim). We 
adjusted the values of whole live crawfish to include freight costs 
incurred between the supplier and the factory. For transportation 
distances used in the calculation of freight expenses on whole live 
crawfish, we added a surrogate freight cost using the shorter of (a) 
the distances between the closest PRC port and the factory, or (b) the 
distance between the domestic supplier and the factory. See Notice of 
Final Determination of Sales at Less Than Fair Value: Collated Roofing 
Nails From the People's Republic of China, 62 FR 51410 (October 1, 
1997) (Roofing Nails).

Crawfish Shell Scrap

    To value the by-product of crawfish shell scrap, we used a price 
quote from Indonesia for wet crab and shrimp shells, because (1) there 
is no Indian data suitable for valuing the crawfish scrap factor and 
(2) Indonesia is among the countries identified as an appropriate 
surrogate. See Memorandum to Barbara E. Tillman, Director, Office of 
AD/CVD Enforcement VII, through Maureen Flannery, Program Manager, from 
Christian Hughes and

[[Page 9803]]

Adina Teodorescu, Case Analysts: Surrogate Valuation of Shell Scrap: 
Freshwater Crawfish Tail Meat from the People's Republic of China 
(PRC), Administrative Review 9/1/00-8/31/01 and New Shipper Reviews 9/
1/00-8/31/01 and 9/1/00-10/15/01 (August 5, 2002) and Memorandum to 
file from Barbara E. Tillman entitled Summary of Telephone Discussion 
with Official of Indo Chitosan International (July 15, 2002). These 
documents are included in Attachment 5 to the Factor Values Memo. See 
also Surrogate Countries Memo.

Energy

Coal

    To value coal, we relied upon Indian import data for steam coal 
from the internet version of the online publication, World Trade Atlas. 
We adjusted the cost of coal to include an amount for transportation. 
To value electricity, we used the average of the total cost per 
kilowatt hour (KWH) for ``Electricity for Industry'' as reported in the 
International Energy Agency's publication, Key World Energy Statistics 
(2003). For water, we relied upon public information from the October 
1997 Second Water Utilities Data Book: Asian and Pacific Region, 
published by the Asian Development Bank.

Water

    To achieve comparability of water prices to the factor reported for 
the crawfish tail meat processing period applicable to the company 
under review, we adjusted this factor value to reflect inflation during 
the POR using the Wholesale Price Index (WPI) for India, as published 
in the International Financial Statistics (IFS) by the International 
Monetary Fund (IMF).

Packing Material

    To value packing materials (plastic bags, cardboard boxes and 
adhesive tape), we relied upon the most recent Indian import data for 
the period as reported in the World Trade Atlas. We adjusted the values 
of packing materials to include freight costs incurred between the 
supplier and the factory. For transportation distances used in the 
calculation of freight expenses on packing materials, we used the the 
shorter of (a) the distances between the closest PRC port and the 
factory, or (b) the distance between the domestic supplier and the 
factory. (See Roofing Nails.)

Labor

    For labor, we used the PRC regression-based wage rate found on 
Import Administration's home page, Import Library, Expected Wages of 
Selected NME Countries, revised in September 2003 (updated in February 
2004). See http://www.ia.ita.doc.gov/wages/01wages/01wages.html Because 
of the variability of wage rates in countries with similar per capita 
gross domestic products, section 351.408(c)(3) of the Department's 
regulations require the use of a regression-based wage rate. The source 
of these wage rate data on the Import Administration's web site is the 
Year Book of Labour Statistics 2002, International Labour Organization 
(ILO), (Geneva: 2002), Chapter 5B: Wages in Manufacturing.

Factory Overhead, SG&A, and Profit

    To value factory overhead, selling, general, and administrative 
expenses (SG&A), and profit, we continued to use a simple average 
derived from the publicly available financial statements of four Indian 
seafood processing companies. We applied these rates to the calculated 
cost of manufacture. See Factor Values Memo, at 6.

Transportation Expenses

    We valued movement expenses as follows: to value truck freight 
expenses we used nineteen price quotes as reported in the February 14, 
2000 issue of the Indian publication, The Financial Express, which was 
used in the antidumping duty investigation of certain circular welded 
carbon-quality steel pipe from the PRC. See Notice of Final 
Determination of Sales at Less than Fair Value: Certain Circular Welded 
Carbon-Quality Steel Pipe from the People's Republic of China , 67 FR 
36570 (May 24, 2002). We adjusted the rates to reflect inflation to the 
month of the sales of the finished product using the WPI for India from 
the International Financial Statistics (IFS) by the International 
Monetary Fund (IMF).

Currency Conversion

    We made currency conversions pursuant to section 351.415 of the 
Department's regulations at the rates certified by the Federal Reserve 
Bank.

Preliminary Results of Review

    We preliminarily determine that the following dumping margin 
exists:

------------------------------------------------------------------------
       Exporter/Manufacturer           Time Period           Margin
------------------------------------------------------------------------
Shanghai Ocean Flavor                  9/1/02-2/28/03             45.70%
 International Trading Co., Ltd./.
Jiangxi Quanfu Aquatic Food
 Product Co., Ltd.................
------------------------------------------------------------------------

Cash Deposit Requirements

    Upon completion of the review, bonding will no longer be permitted 
and cash deposits will be required. If the final results of the review 
remain the same as the preliminary results, the cash deposit rate for 
shipments exported by Shanghai Ocean Flavor that were produced by 
Jiangxi Quanfu will be the total amount of antidumping duties divided 
by the total quantity exported during the POR. See Memorandum to file 
dated February 24, 2002, which places on the record of this review the 
Memorandum to Barbara E. Tillman through Maureen Flannery, from Mark 
Hoadley: Collection of Cash Deposits and Assessment of Duties on 
Freshwater Crawfish from the PRC, dated August 27, 2001. This cash 
deposit rate will be effective upon publication of the final results of 
this new shipper review for all shipments of freshwater crawfish tail 
meat from the PRC exported by Shanghai Ocean Flavor that were produced 
by Jiangxi Quanfu and entered, or withdrawn from warehouse, for 
consumption on or after the date of publication, as provided for by 
section 751(a)(2)(C) of the Act. This per kilogram cash deposit rate 
will be equivalent to the company-specific dumping margin established 
in this review. For crawfish tail meat exported by Shanghai Ocean 
Flavor, but not produced by Jiangxi Quanfu, we will apply the PRC-wide 
rate, which is currently 223.01 percent, as the cash deposit rate.

Assessment Rates

    Upon completion of this new shipper review, the Department shall 
determine, and the U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the CBP upon 
completion of this review. For assessment purposes, we calculated 
importer-specific assessment rates for freshwater crawfish tail meat 
from the PRC. We divided the total dumping margins (calculated as the 
difference between NV and EP) for the importer by the total quantity of 
subject

[[Page 9804]]

merchandise sold to that importer during the POR. Upon completion of 
this review, we will direct CBP to assess antidumping duties on a per 
kilogram basis equivalent to the company-specific dumping margin 
established in this review for each entry of subject merchandise made 
by the importer during the POR that was produced by Jiangxi Quanfu and 
exported by Shanghai Ocean Flavor during the POR. The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of the final results of review.

Schedule for Final Results of Review

    Pursuant to19 CFR 351.224(b), the Department will disclose 
calculations performed in connection with the preliminary results of 
this review within five days of the date of publication of this notice. 
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 may make an affirmative presentation only on arguments 
included in that party's case brief and may make a rebuttal 
presentation only on arguments included in that party's rebuttal brief. 
Parties should confirm by telephone the time, date, and place of the 
hearing 48 hours before the scheduled time.
    Unless the time limit is extended, the Department will issue the 
final results of this new shipper review no later than 90 days after 
the signature date of the preliminary results. The final results will 
include the analysis of issues raised in the briefs.

Notification to Importers

    At the completion of this new shipper review, the Department will 
notify the CBP that bonding will no longer be permitted to fulfill 
security requirements for shipments exported by Shanghai Ocean Flavor 
and produced by Jiangxi Quanfu of freshwater crawfish tail meat from 
the PRC that are entered, or withdrawn from warehouse, for consumption 
in the United States on or after the publication of the final results 
in the Federal Register, and that a cash deposit should be collected 
for any entries exported by Shanghai Ocean Flavor.
    This notice also serves as a preliminary reminder to importers of 
their responsibility under 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during these review 
periods. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of double antidumping duties.
    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: February 24, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-4614 Filed 3-1-04; 8:45 am]
BILLING CODE 3510-DS-S