[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Notices]
[Pages 26453-26454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6880]


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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 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 Nanjing Merry Trading Co., Ltd. (Nanjing Merry), 
Leping Lotai Foods Co., Ltd. (Leping Lotai), and Weishan Hongrun 
Aquatic Food Co., Ltd. (Weishan Hongrun).

EFFECTIVE DATE: May 5, 2006.

FOR FURTHER INFORMATION CONTACT: Erin C. Begnal or Scot T. Fullerton, 
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-
1442 or (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Nanjing Merry and 
Leping Lotai on March 27, 2006, and from Weishan Hongrun on March 31, 
2006, 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.\1\ 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).
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    \1\ Dafeng Shengxiang Aquatic Foods Company Ltd. requested a new 
shipper review on March 31, 2006. However, on April 11, 2006, Dafeng 
Shengxiang Aquatic Foods Company Ltd. withdrew its request.
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    Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii)(A), 
and 19 CFR 351.214(b)(2)(iii)(A), in their requests for review, Nanjing 
Merry, Leping Lotai, and Weishan Hongrun 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. 
Furthermore, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and 19 CFR 
351.214(b)(2)(iii)(A), Anhui Hengda Foodstuffs Co. Ltd. (``Anhui 
Hengda''), Nanjing Merry's producer, certified that it did not export 
the subject merchandise to the United States during the POI and that 
since the initiation of

[[Page 26454]]

the investigation it has never been affiliated with any company which 
exported subject merchandise to the United States during the POI.\2\ 
Additionally, pursuant to 19 CFR 351.214(b)(2)(iii)(B), Nanjing Merry, 
Leping Lotai, and Weishan Hongrun further certified that their export 
activities are not controlled by the central government of the PRC.
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    \2\ Anhui Hengda amended its certification in order to comply 
with the Department's regulations on April 24, 2006.
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    In accordance with 19 CFR 351.214(b)(2)(iv), Nanjing Merry, Leping 
Lotai, and Weishan Hongrun each 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 (3) the date of 
its first sale to an unaffiliated customer in the United States.

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 Nanjing Merry, Leping Lotai, and 
Weishan Hongrun. See Memoranda to the File through James C. Doyle, New 
Shipper Initiation Checklists, dated April 28, 2006. 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 Nanjing Merry, Leping 
Lotai, and Weishan Hongrun will be September 1, 2005, through February 
28, 2006.
    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 Nanjing Merry, Leping Lotai, and Weishan Hongrun, 
including a separate rates section. The reviews will proceed if the 
responses provide sufficient indication that Nanjing Merry, Leping 
Lotai, and Weishan Hongrun 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)(iii) and its new shipper review will be rescinded. See, 
e.g., 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); see also 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 U.S. Customs and Border Protection 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 
Nanjing Merry, Leping Lotai, and Weishan Hongrun. We will apply the 
bonding option under 19 CFR 351.107(b)(1)(i) only to entries from the 
producer/exporter combination for which these companies have requested 
a new shipper review, i.e., Nanjing Merry/Anhui Hengda, Leping Lotai/
Leping Lotai, and Weishan Hongrun/Weishan Hongrun.
    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 issued and published in accordance 
with section 751(a) of the Act (19 U.S.C. 1675(a)), 19 CFR 351.214(d) 
and 19 CFR 351.221(b)(1).

    Dated: April 28, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-6880 Filed 5-4-06; 8:45 am]
BILLING CODE 3510-DS-S