[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 23987-23988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2214]


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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 New Shipper Antidumping Duty Reviews

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

SUMMARY: In March 2005, the Department of Commerce (``the Department'') 
received three requests to conduct new shipper reviews of the 
antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (``PRC''). We have determined that each of 
these requests meet the statutory and regulatory requirements for the 
initiation of a new shipper review.

EFFECTIVE DATE: May 6, 2005.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482-1386 or 
Kristina Boughton at (202) 482-8173; AD/CVD Operations, Office 9, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Shanghai Sunbeauty 
Trading Co., Ltd., (``Shanghai Sunbeauty'') (March 18, 2005), Jiangsu 
Jiushoutang Organisms-Manufactures Co., Ltd., (``Jiangsu JOM'') (March 
18, 2005), and Qingdao Wentai Trading Co., Ltd., (``Qingdao Wentai'') 
(March 21, 2005) in accordance with 19 CFR 351.214 (c), for new shipper 
reviews of the antidumping duty order on freshwater crawfish tail meat 
from the PRC, which has a March semiannual anniversary month. Jiangsu 
JOM identified itself as the producer and exporter of freshwater 
crawfish tail meat. Shanghai Sunbeauty identified itself as the 
exporter and Wuwei Xinhua Food Co., Ltd., (``Wuwei Xinhua'') as the 
producer of subject merchandise. Qingdao Wentai identified itself as 
the exporter and Nanxian Shunxiang Aquatic Food Products Co., Ltd., as 
the producer of subject merchandise. As required by 19 CFR 
351.214(b)(2)(i), and (iii)(A), Shanghai Sunbeauty, Jiangsu JOM, and 
Qingdao Wentai certified that they did not export freshwater crawfish 
tail meat to the United States during the period of investigation 
(``POI''), and that each company has never been affiliated with any 
exporter or producer which exported freshwater crawfish tail meat to 
the United States during the POI. Furthermore, Shanghai Sunbeauty, 
Jiangsu JOM, and Qingdao Wentai have also certified that their export 
activities are not controlled by the central government of the PRC, 
satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant 
to 19 CFR 351.214(b)(2)(iv), Shanghai Sunbeauty, Jiangsu JOM, and 
Qingdao Wentai submitted documentation establishing the date on which 
the subject merchandise was first entered for consumption in the United 
States, the volume of that first shipment and any subsequent shipments, 
and the date of the first sale to an unaffiliated customer in the 
United States. The Department conducted Customs database queries to 
confirm that each company's shipment had officially entered the United 
States via assignment of an entry date in the Customs database by U.S. 
Customs and Border Protection (``CBP'').

Initiation of Reviews

    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 
(``the Act''), as amended, and 19 CFR 351.214(d)(1), and based on 
information on the record, we are initiating new shipper reviews for 
Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai. See Memoranda to 
the File through James C. Doyle, ``New Shipper Initiation Checklist,'' 
all dated April 29, 2005. We intend to issue the preliminary results of 
this review not later than 180 days after the date on which this review 
was initiated, and the final results of this review within 90 days 
after the date on which the preliminary results were issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review 
(``POR'') for a new shipper review, initiated in the month immediately 
following the semiannual anniversary month, will be the six-month 
period immediately preceding the semiannual anniversary month. 
Therefore, the POR for the new shipper reviews of Shanghai Sunbeauty, 
Jiangsu JOM, and Qingdao Wentai will be September 1, 2004, through 
February 28, 2005.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide evidence of de jure and de facto absence of government control 
over the company's export activities. Accordingly, we will issue 
questionnaires to Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai, 
including a separate rates section. The reviews will proceed if the 
responses provide sufficient indication that Shanghai Sunbeauty, 
Jiangsu JOM, and Qingdao Wentai are not subject to either de jure or de 
facto government control with respect to their exports of freshwater 
crawfish tail meat. However, if the exporter does not demonstrate the 
company's eligibility for a separate rate, then the company will be 
deemed not separate from the PRC-wide entity, which exported during the 
POI and its new shipper review will be rescinded. See, 19 CFR 
251.214(2)(iii)(A), see also 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) and Brake Rotors From the 
People's Republic of China: Rescission of Second New Shipper Review and 
Final Results and Partial Rescission of First Antidumping Duty 
Administrative Review, 64 FR 61581 (November 12, 1999). In accordance 
with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), we 
will instruct 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 certain entries of the merchandise 
exported by either Shanghai Sunbeauty, Jiangsu JOM, or Qingdao Wentai. 
We will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to 
entries from these three exporters for which the respective producers 
under review are the suppliers. Interested parties that need access to 
proprietary information in these new shipper reviews should submit 
applications for disclosure under administrative protective orders in 
accordance with 19 CFR 351.305 and 351.306. This initiation and notice 
are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) 
and 19 CFR 351.214(d).


[[Page 23988]]


    Dated: April 29, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-2214 Filed 5-5-05; 8:45 am]
BILLING CODE 3510-DS-S