[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7013-7014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1892]


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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 Final Results of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 7, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (``PRC''). See Freshwater Crawfish 
Tail Meat from the People's Republic of China: Notice of Preliminary 
Results of Antidumping Duty Administrative Review, 70 FR 58672 
(``Preliminary Results''). Based on our analysis of the record, 
including factual information obtained since the preliminary results, 
we have made changes to the margin calculation for Yancheng Hi-King. 
Therefore, the final results differ from the preliminary results. See 
Final Results of Review section, below.

EFFECTIVE DATE: February 10, 2006.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Erin Begnal, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1386 or (202) 482-1442, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2005, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
freshwater crawfish tail meat from the PRC. See Preliminary Results. 
The administrative review covers four exporters or producer/exporters: 
(1) Yancheng Hi-King Agriculture Developing Co., Ltd. (``Yancheng Hi-
King''); (2) Yancheng Yaou Seafood Co., Ltd. (``Yancheng Yaou'')\1\; 
(3) China Kingdom International (``China Kingdom''); and (4) Weishan 
Zhenyu Foodstuff Co., Ltd. (``Weishan Zhenyu''), and exports of the 
subject merchandise to the United States during the period September 1, 
2003, through August 31, 2004.
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    \1\ The Department determined that Yancheng Yaou and Qingdao 
Zhengri Seafood Co., Ltd. (``Qingdao Zhengri'') should be treated as 
a single entity in the 99/00 administrative review. See Freshwater 
Crawfish Tail Meat from the People's Republic of China; Notice of 
Final Results of Antidumping Duty Administrative Review, and Final 
Partial Rescission of Antidumping Duty Administrative Review, 67 FR 
19546, (April 22, 2002). As the Department was not presented with 
information sufficient to demonstrate that the companies should no 
longer be treated as a single entity, consistent with the 
Department's practice, the Department continued to treat Yancheng 
Yaou and Qingdao Zhengri as a single entity in subsequent reviews, 
including the instant review.
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    We invited parties to comment on our Preliminary Results, and 
received a case brief from the Crawfish Processors Alliance 
(``petitioners''), the Louisiana Department of Agriculture and 
Forestry, and Bob Odom, Commissioner of Agriculture (collectively, 
``Domestic Parties''), on November 7, 2005. We also received a rebuttal 
case brief from Yancheng Hi-King on November 14, 2005. On December 7, 
2005, we held a public hearing in this review.

Scope of 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 (HTSUS) under item numbers 1605.40.10.10 and 
1605.40.10.90, which are the HTSUS numbers for prepared foodstuffs, 
indicating peeled crawfish tail meat and other, as introduced by U.S. 
Customs and Border Protection (``CBP'') in 2000, and HTSUS numbers 
0306.19.00.10 and 0306.29.00.00, which are reserved for fish and 
crustaceans in general. The HTSUS subheadings are provided for 
convenience and customs purposes only. The written description of the 
scope of this order is dispositive.

Separate Rates

    Yancheng Hi-King, Yancheng Yaou, China Kingdom and Weishan Zhenyu 
have requested separate, company-specific antidumping duty rates. In 
our preliminary results, we found that Yancheng Hi-King, China Kingdom, 
and Weishan Zhenyu had met the criteria for the application of a 
separate antidumping duty rate. See Preliminary Results. Also in the 
Preliminary Results, as Yancheng Yaou withdrew from verification, and 
filed a letter stating that it would no longer participate in the 
current administrative review, the Department determined that Yancheng 
Yaou had not established its eligibility for a separate rate. Id. We 
have not received any information since the Preliminary Results with 
respect to Yancheng Hi-King, Yancheng Yaou, China Kingdom and Weishan 
Zhenyu which would warrant reconsideration of our separate-rates 
determinations with respect to these companies.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the ``Issues and 
Decision Memorandum for the Final Results in the 2003/2004 
Administrative Review of Freshwater Crawfish Tail Meat from the 
People's Republic of China from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David Spooner, Assistant 
Secretary for Import Administration,'' dated
    February 6, 2006 (``Issues and Decision Memorandum''), which is 
hereby adopted by this notice. A list of the issues raised, all of 
which are in the Issues and Decision Memorandum, is attached to this 
notice as Appendix I. Parties can find a complete discussion of all 
issues raised in the briefs and the corresponding recommendations in 
this public memorandum on file in the Central Records Unit (``CRU''), 
room B-099 of the Herbert H. Hoover Building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Web at http://ia.ita.doc.gov. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made

[[Page 7014]]

changes to the margin calculation for Yancheng Hi-King. For the final 
results, we have updated the surrogate value for whole crawfish, based 
on definitive, final Spanish import statistics. For a discussion of 
these changes, see the Issues and Decision Memorandum at Comment 3.

Final Results of Review

    We determine that the following antidumping duty margins exist:

               Freshwater Crawfish Tail Meat from the PRC
------------------------------------------------------------------------
                                               Weighted-Average Margin
           Manufacturer/Exporter                      (Percent)
------------------------------------------------------------------------
China Kingdom International...............                        223.01
Weishan Zhenyu Foodstuff Co., Ltd.........                        223.01
Yancheng Hi-King Agriculture Developing                            32.57
 Co., Ltd.................................
PRC-wide Rate (including Yancheng Yaou                            223.01
 Seafood Co., Ltd.).......................
------------------------------------------------------------------------

    For details on the calculation of the antidumping duty margin for 
Yancheng Hi-King, see ``Yancheng Hi-King Analysis Memorandum for the 
Final Results of Administrative Review on Freshwater Crawfish Tail Meat 
from the People's Republic of China'' (February 6, 2006). A public 
version of this memorandum is on file in the CRU.

Assessment of Antidumping Duties

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. The Department will issue 
appropriate assessment instructions directly to CBP within 15 days of 
publication of the final results of this review. For assessment 
purposes for companies with a calculated rate, where possible, the 
Department calculated importer-specific assessment rates for freshwater 
crawfish tail meat from the PRC on a per-unit basis. Specifically, the 
Department divided the total dumping margins (calculated as the 
difference between normal value and export price) for each importer by 
the total quantity of subject merchandise sold to that importer during 
the POR to calculate a per-unit assessment amount. The Department will 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit (i.e., per-kilogram) rates by the weight in 
kilograms of each entry of the subject merchandise during the POR.

Cash Deposits

    The following cash-deposit requirements will be effective upon 
publication of the final results for shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (``the Act''): (1) 
For subject merchandise exported by China Kingdom and Weishan Zhenyu, 
the cash-deposit rate will be equal to 223.01 percent; (2) for subject 
merchandise exported by Yancheng Hi-King, we will establish a per-
kilogram cash deposit rate which will be equivalent to the company-
specific weighted-average margin established in this review; (3) the 
cash-deposit rate for PRC exporters who received a separate rate in a 
prior segment of the proceeding will continue to be the rate assigned 
in that segment of the proceeding; (4) for all other PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate (including Yancheng Yaou\2\), the cash-deposit rate will 
be the PRC-wide rate of 223.01 percent; (5) for all non-PRC exporters 
of subject merchandise, the cash-deposit rate will be the rate 
applicable to the PRC producer that supplied that exporter.
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    \2\ As Yancheng Yaou withdrew from verification and from the 
administrative review, the Department will continue to treat 
Yancheng Yaou and Qingdao Zhengri as a single entity.
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    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 administrative review and notice is in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: February 3, 2006.
David Spooner,
Assistant Secretary for Import Administration.

Appendix I

Comment 1: Bona Fides Determination for Yancheng Hi-King
Comment 2: Application of Combination Rate for Yancheng Hi-King
Comment 3: Use of Definitive Spanish Import Data
[FR Doc. E6-1892 Filed 2-9-06; 8:45 am]
BILLING CODE 3510-DS-S