[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Notices]
[Pages 10644-10646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2967]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Preliminary Notice of Intent to Rescind New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
new shipper reviews of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (``PRC'') in 
response to requests from Jiangsu Jiushoutang Organisms-Manufacturers 
Co. Ltd. (``Jiangsu JOM''), Shanghai Sunbeauty Trading Co., Ltd. 
(``Shanghai Sunbeauty''), and Qingdao Wentai Trading Co. Ltd. 
(``Wentai''). The period of review (``POR'') is September 1, 2004, 
through February 28, 2005. We have preliminarily determined that the 
new shipper reviews of Jiangsu JOM, Shanghai Sunbeauty, and Wentai 
should all be rescinded because the sales made by each were not bona 
fide. Much of the information upon which we relied to analyze the bona 
fides of the sales is business proprietary; therefore, our full 
analysis is set forth in: Memorandum to James C. Doyle, Director, 
Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, 
Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review 
of Freshwater Crawfish Tail Meat from the People's Republic of China 
for Jiangsu Jiushoutang Organisms-Manufactures Co., Ltd., dated 
February 23, 2006 (``Jiangsu JOM Memo''), Memorandum to James C. Doyle, 
Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case 
Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New 
Shipper Review of Freshwater Crawfish Tail Meat from the People's 
Republic of China for Shanghai Sunbeauty Trading Co. Ltd., dated 
February 23, 2006 (``Sunbeauty Memo''), and Memorandum to James C. 
Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee 
Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to 
Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the 
People's Republic of China for Qingdao Wentai Trading Co. Ltd., dated 
February 23, 2006 (``Wentai Memo''), public versions of which are on 
file in the Central Records Unit, room B-099 of the main Commerce 
Building. Interested parties are invited to comment on this preliminary 
rescission determination.

EFFECTIVE DATE: March 2, 2006.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or P. Lee Smith, 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 or (202) 482-1655, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 17, 2005, the Department received properly filed requests 
for a new shipper review, in accordance with section 751(a)(2)(B) of 
the Tariff Act of 1930 (``the Act'') and sections

[[Page 10645]]

351.214(b) and (c) of the Department's regulations, from Shanghai 
Sunbeauty and Jiangsu JOM under the antidumping duty order on 
freshwater crawfish tail meat from the PRC. On March 18, 2005, the 
Department received a properly filed request for a new shipper review, 
in accordance with section 751(a)(2)(B) of the Act and section 
351.214(b) and (c) of the Department's regulations, from Wentai under 
the antidumping duty order on freshwater crawfish tail meat from the 
PRC.
    The Department determined that the requests met the requirements 
stipulated in section 351.214 of the Department's regulations. On April 
29, 2005, the Department published its initiation of these new shipper 
reviews for the period September 1, 2004, through February 28, 2004. 
See Freshwater Crawfish Tail Meat From the People's Republic of China: 
Initiation of New Shipper Antidumping Administrative Reviews, 70 FR 
23987 (May 6, 2005).
    On June 2, 2005, the Department received Jiangsu JOM, Shanghai 
Sunbeauty and Wentai's section A questionnaire responses. On June 22, 
2005, the Department received Jiangsu JOM and Shanghai Sunbeauty's 
section C & D questionnaire responses. On June 30, 2005, the Department 
received Wentai's section C & D questionnaire responses. On July 21, 
2005, the Department issued its first supplemental questionnaire to 
Jiangsu JOM and Shanghai Sunbeauty. On July 25, 2005, the Department 
issued its first supplemental questionnaire to Wentai. On August 12, 
2005, Wentai submitted its response to the Department's first 
supplemental questionnaire. On August 17, 2005, Jiangsu JOM and 
Shanghai Sunbeauty submitted their responses to the Department's first 
supplemental questionnaire. On August 18, 2005, Jiangsu JOM submitted a 
supplement to their August 17, 2005, submission. On September 19, 2005, 
the Department issued its second supplemental questionnaire to Jiangsu 
JOM and Shanghai Sunbeauty. On September 20, 2005, the Department 
issued its second supplemental questionnaire to Wentai. On October 3, 
2005, Jiangsu JOM and Shanghai Sunbeauty submitted their responses to 
the Department's second supplemental questionnaire. On October 5, 2005, 
Wentai submitted its response to the Department's second supplemental 
questionnaire. On October 21, 2005, the Department rejected Jiangsu 
JOM's response to the Department's second supplemental questionnaire. 
On October 26, 2005, Jiangsu JOM resubmitted its response to the 
Department's second supplemental questionnaire.
    On October 14, 2005, the Department extended the due date for the 
preliminary results of this new shipper review by 120 days from the 
original October 26, 2005, deadline until February 23, 2005. See 
Freshwater Crawfish Tail Meat from the People's Republic of China: 
Notice of Extension of Time Limit of Preliminary Results of New Shipper 
Review, 70 FR 61117 (October 20, 2005).
    From October 18 through October 21, 2005, the Department conducted 
verification of Jiangsu JOM's questionnaire responses at the company's 
facilities in Xinghua City, Jiangsu, China. See ``Verification Report 
for Jiangsu JOM,'' dated February 17, 2006. From January 23 through 
January 24, 2006, the Department conducted verification of Jiangsu 
JOM's affiliated U.S. importer, Easy River Seafood Corp. (``Easy 
River''), in Alhambra, CA. See ``Verification Report for Easy River,'' 
dated February 17, 2006.
    From October 31 through November 1, 2005, the Department conducted 
verification of Shanghai Sunbeauty's questionnaire responses at the 
company's sales office in Shanghai, China. See ``Verification Report 
for Shanghai Sunbeauty,'' dated February 17, 2006. From November 3 
through November 4, 2005, the Department conducted verification of 
Shanghai Sunbeauty's questionnaire responses relating to its producer 
for the POR, Wuwei Xinhua Food Co. Ltd. (``Wuwei Xinhua''), in Wuwei 
County, Anhui Province, China. See ``Verification Report for Wuwei 
Xinhua,'' dated February 21, 2006. From January 26 through January 27, 
2006, the Department conducted verification of Shanghai Sunbeauty's 
affiliated importer, Seawind Inc. (``Seawind''), in Redmond, WA. See 
``Verification Report for Seawind,'' dated February 17, 2006.
    From January 19 through 20, 2006, the Department conducted 
verification of Qingdao Wentai's questionnaire responses at the 
company's facilities in Qingdao, Shandong Province, China. See 
``Verification Report for Qingdao Wentai,'' dated February 17, 2006. 
The Department also conducted verification at the Qingdao Wentai's 
producer, Nanxian Shunxiang Aquatic Products Foodstuffs Co., Ltd.'s 
(``Shunxiang'') facilities, from January 16 to January 17, 2006. See 
``Verification Report for Nanxian Shunxiang,'' dated February 17, 2006.

Scope of the Antidumping Duty Order

    The product covered by this 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 new HTSUS numbers for prepared foodstuffs, 
indicating peeled crawfish tail meat and other, as introduced by the 
U.S. Customs Service in 2000, and HTSUS items 0306.19.00.10 and 
0306.29.00, 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.

Preliminary Intent to Rescind

    Concurrent with this notice, we are issuing our memoranda detailing 
our analysis of the bona fides of Jiangsu JOM, Shanghai Sunbeauty, and 
Wentai's U.S. sales and our preliminary decision to rescind based on 
the totality of the circumstances of the sales. Although much of the 
information relied upon by the Department to analyze the issues is 
business proprietary, the Department based its determination that the 
new shipper sale made by Jiangsu JOM was not bona fide on the 
following: (1) The price and quantity for Jiangsu JOM's sale of 
crawfish tail meat were atypical of its post-POR sales and of other 
exports from the PRC of the subject merchandise into the United States 
during the period of review, (2) the relationship between Jiangsu JOM, 
and other crawfish tail meat exporters and producers, (3) customer of 
the single POR sale as compared to subsequent sales, and (4) other 
indicia of a non-bona fide transaction. The Department based its 
determination that the new shipper sale made by Shanghai Sunbeauty was 
not bona fide on the following: (1) The price and quantity for Shanghai 
Sunbeauty's sale of crawfish tail meat were atypical of its post-POR 
sales and of other exports from the PRC of the subject merchandise into 
the United States during the period of review, (2) payment of Seawind's 
POR purchase and cash deposit, (3) source and timeliness of payment 
from the POR customer, and (4) other indicia of a non-bona fide 
transaction. The Department based its determination that the new 
shipper sale made by Wentai was not

[[Page 10646]]

bona fide on the following: (1) The price and quantity for Wentai's 
sale of crawfish tail meat were atypical vis-a-vis other exports from 
the PRC of the subject merchandise into the United States during the 
period of review, (2) circumstances surrounding the sale and 
negotiation for the single POR sale, (3) exporter and producer's 
unreported business relationships, and (4) circumstances surrounding 
the formation of Wentai and Shunxiang.
    Because the Department has found these sales to be non-bona fide 
they are not subject to review. See Jiangsu JOM Memo, Sunbeauty Memo, 
and Wentai Memo. Wentai, Shanghai Sunbeauty, and Jiangsu JOM each only 
made a single, non-bona fide sale during the POR. Therefore, the 
Department intends to rescind these reviews because there are no 
reviewable sales during the POR. See Tianjin Tiancheng Pharmaceutical 
Co., Ltd. v. United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005).

Schedule for Final Results of Review

    Unless otherwise notified by the Department, interested parties may 
submit case briefs within 30 days of the date of publication of this 
notice in accordance with Sec.  351.309(c)(ii) of the Department's 
regulations. As part of the case brief, parties are encouraged to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited. Rebuttal briefs, which must 
be limited to issues raised in the case briefs, must be filed within 
five days after the case brief is filed.
    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with Sec.  351.310(c) of the 
Department's regulations. Any hearing would normally be held 37 days 
after the publication of this notice, or the first workday thereafter, 
at the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230. Individuals who wish to request a hearing 
must submit a written request within 30 days of the publication of this 
notice in the Federal Register to the Assistant Secretary for Import 
Administration, U.S. Department of Commerce, Room 1870, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230. Requests for a public 
hearing should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and, (3) to the extent 
practicable, an identification of the arguments to be raised at the 
hearing. If a hearing is held, an interested party must limit its 
presentation only to arguments raised in its briefs. Parties should 
confirm by telephone the time, date, and place of the hearing 48 hours 
before the scheduled time.
    The Department will issue the final results of this new shipper 
review, which will include the results of its analysis of issues raised 
in the briefs, within 90 days from the date of the preliminary results, 
unless the time limit is extended.

Notification

    At the completion of this new shipper review, either with a final 
rescission or a notice of final results, the Department will notify the 
U.S. Customs and Border Protection that bonding is no longer permitted 
to fulfill security requirements for shipments by the exporter/
producter combinations Jiangsu JOM, Shanghai Sunbeauty, and Wentai of 
freshwater crawfish tail meat from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
rescission or results notice in the Federal Register. If a final 
rescission notice is published, a cash deposit of 223.01 percent ad 
valorem shall be collected for any entries exported/produced by Jiangsu 
JOM, Shanghai Sunbeauty, and Wentai. Should the Department reach a 
final result other than a rescission, an appropriate antidumping duty 
rate will be calculated for both assessment and cash deposit purposes.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanctions.
    This new shipper review and this notice are published in accordance 
with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: February 23, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-2967 Filed 3-1-06; 8:45 am]
BILLING CODE 3510-DS-S