[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Notices]
[Pages 45674-45675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17421]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Notice of Rescission of Antidumping Duty New Shipper Review of 
Shanghai Ocean Flavor International Trading Co., Ltd.

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 30, 2003 the Department of Commerce (Department) 
initiated a new shipper review of the antidumping duty order on 
freshwater crawfish tail meat from the People's Republic of China 
covering 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) (Initiation Notice). This new shipper review covered the Shanghai 
Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean), an 
exporter of subject merchandise. For the reasons discussed below, we 
are rescinding the review of Shanghai Ocean.

EFFECTIVE DATE: July 30, 2004.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn at (202) 482-4236, 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

    Since the Department published its preliminary results for this new 
shipper review, see Notice of Preliminary Results of Antidumping Duty 
New Shipper Review: Freshwater Crawfish Tail Meat from the People's 
Republic of China, 69 FR 9800 (March 2, 2004), the following events 
have occurred. On April 5, 2004, Shanghai Ocean and the Crawfish 
Processors Alliance (petitioners) filed case briefs. On April 12, 2004, 
Shanghai Ocean and the petitioners filed rebuttal briefs. On April 26, 
2004, the Department issued a supplemental questionnaire. On May 1, 
2004, Shanghai Ocean submitted its supplemental questionnaire response. 
On May 5, 2004, a hearing was held. On June 2, 2004, we asked Shanghai 
Ocean to explain the significant and material differences between the 
invoices and the packing lists provided to the Department by Shanghai 
Ocean and those provided to Customs and Border Protection (CBP) at time 
of entry. Moreover, we advised Shanghai Ocean that unless they 
demonstrated with supporting evidence that the documents they submitted 
to the Department were accurate, we may rescind this review consistent 
with section 351.214(b)(2)(iv) of the Department's regulations. 
Shanghai Ocean submitted its response on June 8, 2004.

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 CBP 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.

Rescission of Review

    Pursuant to sections 351.214(b)(2)(iv)(B-C) of the Department's 
regulations, a request for a new shipper review must contain 
documentation which establishes the volume of the exporter's first and 
subsequent shipments of subject merchandise to the United States and 
the date of the exporter's first sale of subject merchandise to an 
unaffiliated customer in the United States. At the time Shanghai Ocean 
requested this new shipper review, it appeared that the regulatory 
requirements were met and we initiated the new shipper review. See 
Initiation Notice. Since the initiation, Shanghai Ocean has 
acknowledged that the commercial documents it provided with the request 
for review, in accordance with sections 351.214(b)(2)(iv)(B-C) of the 
Department's regulations, were not the same commercial documents 
submitted to CBP at the time of entry. The Department's analysis of the 
two sets of commercial documents show that there are material and 
significant differences between the documents submitted to the 
Department and those submitted to CBP. As such, we have determined that 
we cannot rely on the commercial documents submitted to the Department 
in Shanghai Ocean's request for new shipper review. Accordingly, we are 
rescinding this new shipper review. Because much of the information on 
which the Department has based its decision is business proprietary 
information, our full analysis is set forth in our memorandum 
``Freshwater Crawfish Tail Meat from The People's Republic of China: 
Rescission of the New Shipper Review of Shanghai Ocean Flavor 
International Trade Co., Ltd.'' dated July 23, 2004, a public version 
of which is on file in the Central Records Unit, Room B-099, Department 
of Commerce. Since the Department is rescinding this new shipper 
review, we are not calculating a company-specific rate for Shanghai 
Ocean. As such, we are not addressing issues raised in the case briefs 
by Shanghai Ocean and the petitioners regarding surrogate values and 
calculation methodology.

Cash Deposit Requirements

    The Department will notify CBP that bonding is no longer permitted 
to fulfill security requirements for shipments from Shanghai Ocean 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 of rescission of antidumping duty new 
shipper review in the Federal Register. Further, effective upon 
publication of this notice for all shipments of the subject merchandise 
exported by Shanghai Ocean, and entered, or withdrawn from warehouse, 
for consumption, the cash deposit rate will be the PRC-wide rate of 
223.01 percent ad valorem.

Assessment of Antidumping Duties

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. Since we are rescinding this antidumping duty 
new shipper review with respect to Shanghai Ocean, the PRC-wide rate of 
223.01

[[Page 45675]]

percent in effect at the time of entry applies to all exports of 
freshwater crawfish tail meat from the PRC by Shanghai Ocean entered, 
or withdrawn from warehouse for consumption during the period of review 
(September 1, 2002, through February 28, 2003). The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of this notice of rescission of antidumping duty 
new shipper review.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under section 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 this review period. 
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 notice also serves as a reminder to parties subject to 
administrative protective orders (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 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act 
of 1930, as amended.

    Dated: July 23, 2004.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-17421 Filed 7-29-04; 8:45 am]
BILLING CODE 3510-DS-S