[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Page 70225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3456]



[[Page 70225]]

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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 Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of rescission of the antidumping duty new shipper review 
of freshwater crawfish tail meat from the People's Republic of China.

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SUMMARY: In response to a request from Qingdao Xiyuan Refrigerate Food 
Co., Ltd., the Department of Commerce initiated a new shipper review of 
the antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China. The period of review is September 1, 2002 
through August 31, 2003. For the reasons discussed below, we are 
rescinding this new shipper review.

EFFECTIVE DATE: December 3, 2004.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Carrie Blozy, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C., 20230; telephone: (202) 
482-1386 and (202) 482-5403, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the 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.

Background

    On October 31, 2003, the Department of Commerce (the Department) 
initiated a new shipper review of Qingdao Xiyuan Refrigerate Food Co., 
Ltd. (Qingdao Xiyuan) under the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (PRC) for the 
period September 1, 2002 through August 31, 2003. See Freshwater 
Crawfish Tail Meat From the People's Republic of China: Initiation of 
Antidumping New Shipper Reviews, 68 FR 62774 (November 6, 2003). On 
August 20, 2004, the Department issued preliminary results based on 
information provided from questionnaire responses submitted by Qingdao 
Xiyuan. See Notice of Preliminary Results of Antidumping Duty New 
Shipper Review and Rescission of New Shipper Reviews: Freshwater 
Crawfish Tail Meat From the People's Republic of China, 69 FR 53669 
(September 2, 2004). Verification was scheduled to take place at 
Qingdao Xiyuan from August 30 through September 1, 2004. On August 28, 
2004, counsel for Qingdao Xiyuan verbally informed the Department 
verifiers that Qingdao Xiyuan would not participate in verification. On 
September 7, 2004, Qingdao Xiyuan submitted a letter confirming that 
the company would not participate in verification. On November 12, 
2004, the Department informed Qingdao Xiyuan that the Department 
intended to rescind the new shipper review of Qingdao Xiyuan based on 
its refusal to allow verification.

Rescission of New Shipper Review

    We are rescinding the new shipper review with respect to Qingdao 
Xiyuan. As noted above, verification was scheduled to take place at 
Qingdao Xiyuan from August 30 through September 1, 2004. On both August 
28, 2004, and September 7, 2004, Qingdao Xiyuan communicated to the 
Department that it would not allow verification of its questionnaire 
responses. In a November 12, 2004, letter to Qingdao Xiyuan, we 
expressed our intent to rescind the new shipper review based on Qingdao 
Xiyuan's statements that it would not participate in verification. By 
failing to permit verification, Qingdao Xiyuan did not establish its 
entitlement to a separate rate. We did not receive any properly filed 
submissions regarding our intent to rescind. For these reasons, we are 
rescinding the new shipper review of the antidumping duty order on 
freshwater crawfish tail meat from the People's Republic of China with 
respect to Qingdao Xiyuan pursuant to 19 CFR 351.214(a) and 
351.214(b)(iii)(B) of the Department's regulations.

Cash Deposits

    Bonding is no longer permitted to fulfill security requirements for 
shipments from Qingdao Xiyuan 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 Qingdao Xiyuan and entered, or 
withdrawn from warehouse, for consumption, the cash-deposit rate will 
be the PRC-wide rate, which is 223.01 percent.

Assessment of Antidumping Duties

    The Department shall instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. Since we 
are rescinding this antidumping duty new shipper review, the PRC-wide 
rate of 223.01 percent in effect at the time of entry applies to all 
exports of freshwater crawfish tail meat from the PRC produced and 
exported by Qingdao Xiyuan during the period of review. 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 Interested Parties

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 subsequent assessment 
of double antidumping duties.
    This notice is published in accordance with section 751(B) of the 
Tariff Act of 1930, as amended, and 19 CFR 351(f)(3).

    Dated: November 24, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E4-3456 Filed 12-2-04; 8:45 am]
[BILLING CODE: 3510-DS-S]