[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67138-67139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6128]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-848)


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
timely requests to conduct new shipper reviews of the antidumping duty 
order on freshwater crawfish tail meat from the People's Republic of 
China (``PRC''). In accordance with 19 CFR 351.214(d), we are 
initiating reviews for Xuzhou Jinjiang Foodstuffs Co., Ltd. (``Xuzhou 
Jinjiang'') and Xiping Opeck Food Co., Ltd. (``Xiping Opeck'').\1\
---------------------------------------------------------------------------

    \1\ The Department received a timely request for an 
administrative review from Xuzhou Jinjiang on September 30, 2005. 
The Department notes that the periods of review for both this new 
shipper review and the above-referenced administrative review are 
identical. Because both of these requested reviews cover the same 
period of time (i.e., September 1, 2004, through August 31, 2005), 
the Department intends to revisit whether both reviews are 
statutorily required after the initiation of this new shipper 
review.

---------------------------------------------------------------------------
EFFECTIVE DATE: November 4, 2005.

FOR FURTHER INFORMATION CONTACT: Stephen Berlinguette or Scott 
Fullerton, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3740 or (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Xuzhou Jinjiang 
(September 30, 2005) and Xiping Opeck (September 21, 2005), pursuant to 
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the 
Act''), and 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. 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 (September 
15, 1997).
    Pursuant to 19 CFR 351.214(b)(2)(i) and 19 CFR 
351.214(b)(2)(iii)(A), in their requests for review, Xuzhou Jinjiang 
and Xiping Opeck certified that they did not export the subject 
merchandise to the United States during the period of investigation 
(POI) and that since the initiation of the investigation they have 
never been affiliated with any company which exported subject 
merchandise to the United States during the POI. Pursuant to 19 CFR 
351.214(b)(2)(iii)(B), Xuzhou Jinjiang and Xiping Opeck further 
certified that their export activities are not controlled by the 
central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), both Xuzhou Jinjiang 
and Xiping Opeck, respectively, submitted documentation establishing 
the following: (1) the date on which it first shipped subject 
merchandise for export to the United States and the date on which the 
subject merchandise was first entered, or withdrawn from warehouse, for 
consumption; (2) the volume of its first shipment, and in the case of 
Xuzhou Jinjiang, documentation of one subsequent shipment; and (3) the 
date of its first sale to an unaffiliated customer in the United 
States.
    In addition, the Department conducted customs database queries to 
confirm that both Xuzhou Jinjiang's and Xiping Opeck's shipments of 
subject merchandise had entered the United States for consumption and 
had been suspended for antidumping duties.

Initiation of Reviews

    In accordance with section 751(a)(2)(B) of the Act, and 19 CFR 
351.214(d)(1), and based on information on the record, we are 
initiating new shipper reviews for Xuzhou Jinjiang and Xiping Opeck. 
See Memoranda to the File through James C. Doyle, New Shipper 
Initiation Checklists, dated October 31, 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)(A), the period of review 
(``POR'') for a new shipper review, initiated in the month immediately 
following the annual anniversary month, will be the one year period 
immediately preceding the annual anniversary month. Therefore, the POR 
for the new shipper reviews of Xuzhou Jinjiang and Xiping Opeck will be 
September 1, 2004, through August 31, 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

[[Page 67139]]

de jure and de facto absence of government control over the company's 
export activities. Accordingly, we will issue questionnaires to Xuzhou 
Jinjiang and Xiping Opeck, including a separate rates section. The 
reviews will proceed if the responses provide sufficient indication 
that Xuzhou Jinjiang and Xiping Opeck 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. An exporter unable to demonstrate the 
company's eligibility for a separate rate would hence not meet the 
requirements of CFR 351.214(b)(2)(i) and its new shipper review will be 
rescinded. 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) 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 Xuzhou Jinjiang or Xiping Opeck. We 
will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to 
entries from these two exporters for which they are also the producers.
    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).

    Dated: October 31, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-6128 Filed 11-3-05; 8:45 am]
BILLING CODE 3510-DS-S