[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Notices]
[Pages 30866-30867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8390]



[[Page 30866]]

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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 Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received a 
timely request to conduct a new shipper review 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)(1), we are 
initiating a review for Shanghai Strong International Trading Co., Ltd. 
(Shanghai Strong).

EFFECTIVE DATE: May 31, 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 a timely request from Shanghai Strong on 
March 24, 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 a new shipper review 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), 19 CFR 351.214(b)(2)(ii)(A), 
and 19 CFR 351.214(b)(2)(iii)(A), in its request for review, Shanghai 
Strong certified that it did not export the subject merchandise to the 
United States during the period of investigation (POI) and that since 
the initiation of the investigation it has 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), Jiangsu Hongda Aquatic Food Co., Ltd. 
(Jiangsu Hongda), Shanghai Strong's producer, certified that it did not 
export the subject merchandise to the United States during the POI and 
that since the initiation of the investigation it has never been 
affiliated with any company which exported subject merchandise to the 
United States during the POI.
    In accordance with 19 CFR 351.214(b)(2)(iv), Shanghai Strong 
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.
    On March 29, 2006, we requested from U.S. Customs and Border 
Protection (CBP) the entry package for Shanghai Strong, and on April 
21, 2006, we received from CBP the entry documentation. However, we 
found certain discrepancies between the documentation provided by 
Shanghai Strong in its request for a new shipper review and the entry 
package we received from CBP.\1\ On May 1, 2006, pursuant to 19 CFR 
351.302(b), the Department extended the time limit to initiate this new 
shipper review by 30 days in order to provide Shanghai Strong an 
opportunity to explain or resolve the inconsistencies in the entry 
documentation.\2\ On May 3, 2006, we received a revised Entry Summary 
(CF7501) from Shanghai Strong for this shipment, and on May 5, 2006, we 
spoke with Ms. Yingchao Xiao, of Lee & Xiao, counsel to Shanghai 
Strong, who informed us that Shanghai Strong's importer's customs 
broker had made a mistake while filing the entry documentation for this 
shipment, prompting a revision.\3\ On May 9, 2006, we requested from 
CBP the revised entry package for Shanghai Strong, and received the 
entry package from CBP on May 12, 2006.\4\ We found that the 
discrepancy between the information provided by Shanghai Strong in its 
request for a new shipper review and the original entry package 
provided by CBP was resolved with the revised information provided by 
both Shanghai Strong on May 3, 2006, and by CBP on May 12, 2006.
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    \1\ See Memorandum to the File, from Michael Quigley, Case 
Analyst, through Christopher D. Riker, Program Manager, Re: 
Freshwater Crawfish Tail Meat from the People's Republic of China: 
Entry Packages from U.S. Customs and Border Protection for Shanghai 
Strong International Co., Ltd. (May 1, 2006).
    \2\ See Letter from Christopher D. Riker, Program Manager, to 
Yingchao Xiao of Lee & Xiao, counsel to Shanghai Strong, Re: 
Extension of Initiation Date of New Shipper Review of Freshwater 
Crawfish Tail Meat from the People's Republic of China (May 1, 
2006).
    \3\ See Memorandum to the File from Christopher D. Riker, 
Program Manager, Subject: Telephone Conversation with Counsel for 
Shanghai Strong International Trading Co., Ltd. (May 12, 2006).
    \4\ See Memorandum to the File from Erin Begnal, Case Analyst, 
through Christopher D. Riker, Program Manager, Re: Freshwater 
Crawfish Tail Meat from the People's Republic of China: Entry 
Packages from U.S. Customs and Border Protection (``CBP'') (May 12, 
2006).
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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 a new shipper review for Shanghai Strong. See Memorandum to 
the File through James C. Doyle, New Shipper Initiation Checklist, 
dated May 23, 2006. The Department will conduct this new shipper review 
according to the deadlines set forth in section 751(a)(2)(B)(iv) of the 
Act.
    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review 
(``POR'') for a new shipper review, normally 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 review of Shanghai Strong 
will be September 1, 2005, through February 28, 2006.
    In cases involving non-market economies, the Department requires 
that a company seeking to establish eligibility for an antidumping duty 
rate separate from the country-wide rate demonstrate that it operates 
free of de jure and de facto government control over the company's 
export activities. See Final Determination of Sales at Less Than Fair 
Value: Sparklers from the People's Republic of China, 56 FR 20588 (May 
6, 1991); Final Determination of Sales at Less Than Fair Value: Silicon 
Carbide from the People's Republic of China, 59 FR 22585 (May 2, 1994); 
see also Sigma Corp. v. United States, 117 F. 3d 1401,1405 (Fed. Cir. 
1997). Accordingly, we will issue a questionnaire to Shanghai Strong, 
including a separate rates section. The review will proceed if the 
response provides sufficient indication that Shanghai Strong is not 
subject to either de jure or de facto government control with respect 
to its 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 does not meet 
the requirements of CFR 351.214(b)(2)(iii) and its new shipper

[[Page 30867]]

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 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 Shanghai Strong. We will apply the bonding 
option under 19 CFR 351.107(b)(1)(i) only to entries from the producer/
exporter combination for which Shanghai Strong has requested a new 
shipper review, i.e., Jiangsu Hongda/Shanghai Strong.
    Interested parties that need access to proprietary information in 
this new shipper review 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 and sections 351.214(d) and 
351.221(b)(1) of the Department's regulations.

    Dated: May 23, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-8390 Filed 5-30-06; 8:45 am]
BILLING CODE 3510-DS-S