[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Notices]
[Pages 16484-16485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1434]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Qingdao Jinyongxiang Aquatic 
Foods Co., Ltd., the Department of Commerce initiated an administrative 
review of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China for exports of subject merchandise 
by Qingdao Jinyongxiang Aquatic Foods Co., Ltd. The period of review is 
September 1, 2003, through August 31, 2004. The Department of Commerce 
is now rescinding the administrative review with respect to Qingdao 
Jinyongxiang Aquatic Foods Co., Ltd. because Qingdao Jinyongxiang 
Aquatic Foods Co., Ltd. made no exports of subject merchandise into the 
United States during the period of review.

EFFECTIVE DATE: March 31, 2005.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Benjamin Kong, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1386 and (202) 482-7907, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 27, 2004, Qingdao Jinyongxiang Aquatic Foods Co., Ltd. 
(``JYX Aquatic'') requested an administrative review of the antidumping 
duty order on freshwater crawfish tail meat from the People's Republic 
of China (``PRC'') for subject merchandise exported during the period 
September 1, 2003, through August 31, 2004. On October 22, 2004, the 
Department of Commerce (``the Department'') initiated an administrative 
review of the antidumping duty order on freshwater crawfish tail meat 
from the PRC with respect to, among other companies, JYX Aquatic. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 69 FR 62022 (October 22, 2004).
    On October 29, 2004, the Department issued its antidumping 
questionnaire to JYX Aquatic. On December 13, 2004, Qingdao 
Jinyongxiang Trade Co., Ltd. (``JYX Trade''), a party that did not 
request an administrative review, submitted what it stated was its 
response to the Department's questionnaire of October 29, 2004. In this 
submission at page A-3, JYX Trade stated that JYX Aquatic did not 
export subject merchandise to the United States during the period of 
review (``POR''). The Department confirmed through import data from 
U.S. Customs and Border Protection (``CBP'') that JYX Aquatic indeed 
made no exports of subject merchandise during the POR.
    On February 9, 2005, the Department issued a letter to JYX Aquatic 
stating its intention to rescind the review with respect to JYX Aquatic 
because it did not export subject merchandise to the United States 
during the POR. In its comments filed on February 22, 2005, JYX Aquatic 
agreed that it had made no U.S. sales during the POR and the Department 
should rescind the review with respect to JYX Aquatic. On February 25, 
2005, the Crawfish Processors Alliance (``Petitioner'') filed rebuttal 
comments. In its comments, Petitioner asserts that the review with 
respect to JYX Aquatic should be rescinded for lack of a qualifying 
sale during the POR.

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.

Rescission of Review

    We find it appropriate to rescind the review with respect to JYX 
Aquatic as it made no qualifying sales during the POR. Pursuant to 19 
CFR 351.213(d)(3), the Department may rescind an administrative review 
``with respect to a particular exporter or producer, if the Secretary 
concludes that, during the period covered by the review, there were no 
entries, exports, or sales of the subject merchandise, as the case may 
be.'' JYX Aquatic states that it did not export subject merchandise to 
the United States during the POR and agrees that the review with 
respect to JYX Aquatic should be rescinded. Import

[[Page 16485]]

data obtained from CBP also supports a finding that JYX Aquatic did not 
export subject merchandise to the United States during the POR. 
Accordingly, the Department is rescinding the administrative review 
with respect to JYX Aquatic.

Notification to Interested Parties

    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). The Department hereby 
requests timely written notification of the return or destruction of 
APO materials or of the conversion to judicial protective order. 
Failure to comply with the regulations and terms of an APO is a 
sanctionable violation. This determination is issued in accordance with 
section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: March 24, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-1434 Filed 3-30-05; 8:45 am]
BILLING CODE: 3510-DS-S