[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Notices]
[Pages 20249-20250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8046]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-848)


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Final Results and Partial Rescission of the 2005-2006 
Antidumping Duty Administrative Review and Rescission of 2005-2006 New 
Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: April 15, 2008.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review and new shipper reviews of the antidumping duty 
order on freshwater crawfish tail meat (crawfish) from the People's 
Republic of China (PRC). The period of review (POR) is September 1, 
2005, through August 31, 2006. The Department published the preliminary 
results of these reviews on October 9, 2007. See Freshwater Crawfish 
Tail Meat From the People's Republic of China: Preliminary Results and 
Partial Rescission of the 2005-2006 Antidumping Duty Administrative 
Review and Preliminary Intent to Rescind 2005-2006 New Shipper Reviews, 
72 FR 57288 (October 9, 2007) (Preliminary Results). We invited 
interested parties to comment on the Preliminary Results. After 
reviewing interested parties' comments, we made no changes to our 
calculations for the final results of review. The final dumping margins 
for this review are listed in the ``Final Results of Review'' section 
below.

FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Jeff Pedersen; 
AD/CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., N.W., Washington, DC 20230; telephone: (202) 482-
3518 or (202) 482-2769, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on October 9, 
2007. On December 17, 2007, the petitioners\1\, Xuzhou Jinjiang 
Foodstuffs Co., Ltd. (Xuzhou), Washington International Insurance Co. 
(WII), the surety company for the U.S. importer of Xuzhou's subject 
merchandise, and Jingdezhen Garay Foods Co., Ltd (Jingdezhen) submitted 
case briefs. On December 26, 2007, Xiping Opeck Food Co., Ltd. (Xiping 
Opeck), and the petitioners submitted rebuttal briefs. On February 22, 
2008, WII and Xuzhou submitted comments in response to a memorandum the 
Department placed on the record regarding Xuzhou's shipments to the 
United States. See Memorandum from Jeff Pedersen to the File regarding 
``Information Obtained from the Food and Drug Administration Regarding 
Shipments by Xuzhou Jinjiang Foodstuffs Co., Ltd.,'' dated February 7, 
2008.
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    \1\ The petitioners are the Crawfish Processors Alliance, the 
Louisiana Department of Agriculture and Forestry, and Bob Odom, 
Commissioner.
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    On February 1, 2008, the Department extended the time period for 
completion of the final results until April 7, 2008. See Freshwater 
Crawfish Tail Meat From the People's Republic of China: Notice of 
Extension of Time Limit for the Final Results of the 2005-2006 
Antidumping Duty Administrative Review and 2005-2006 New Shipper 
Reviews, 73 FR 6127 (February 1, 2008).

Scope of the 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 new HTSUS numbers for prepared foodstuffs, 
indicating peeled crawfish tail meat and other, as introduced by 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.

Final Rescission of New Shipper Reviews

    In the Preliminary Results, the Department preliminarily rescinded 
the new shipper reviews of Anhui Tongxin Aquatic Product & Food Co., 
Ltd. (Anhui), Huoshan New Three-Gold Food Trade Co., Ltd. (Huoshan), 
and Jingdezhen because it found the companies' sales were not bona 
fide. See Preliminary Results; see also, separate memoranda for each of 
these companies to Stephen J. Claeys, Deputy Assistant Secretary For 
Import Administration from Abdelali Elouaradia, Director, Office 4 
Import Administration, regarding Bona Fide Sales Analysis and Intent to 
Rescind the Review (dated October 1, 2007).
    We received comments with respect to our preliminary decision to 
rescind the new shipper review for Jingdezhen. The Department continues 
to find sales by Anhui, Huoshan, and Jingdezhen to be non-bona fide. 
See Comment 2 of the ``Issues and Decision Memorandum for the Final 
Results and Partial Rescission of the 2005-2006 Antidumping Duty 
Administrative Review and Rescission of 2005-2006 New Shipper Reviews'' 
(Issues and Decision Memorandum) accompanying this notice for a 
detailed discussion of our decision with respect to Jingdezhen. Because 
these companies had no reviewable sales during the POR, the Department 
is rescinding these new shipper reviews. See 19 CFR 351.213(d)(3); see 
also, Tianjin Tiancheng Pharmaceutical Co., Ltd. v. United States, 366 
F. Supp. 2d 1246, 1263 (CIT 2005) (the Court of International Trade 
affirmed that Commerce may exclude sales from the export price 
calculation where it finds the sales are not bona fide. In the case of 
new shipper reviews involving only one sale, exclusion of the new 
shipper sale as being non-bona fide must necessarily end the review).

Final Partial Rescission of Administrative Review

    In the Preliminary Results, the Department preliminarily rescinded 
the administrative review of Yancheng Hi-King Agriculture Developing 
Co., Ltd. (Yancheng), which reported no shipments, and Anhui, whose 
single sale, which was covered by both the new shipper review and 
administrative review, the Department found to be non-bona fide. 
Interested parties did not comment on these preliminary rescissions. 
For the reasons stated in the Preliminary Results, we are rescinding 
the administrative review with respect to Yancheng and Anhui. See 19 
CFR 351.213(d)(3).

[[Page 20250]]

Adverse Facts Available

    In the Preliminary Results, the Department found that Xuzhou failed 
to report all of its U.S. sales of subject merchandise, and thus it was 
appropriate to base the company's dumping margin on total adverse facts 
available. For these final results, the Department continues to find 
that it is appropriate to base Xuzhou's dumping margin on total adverse 
facts available. See the accompanying Issues and Decision Memorandum at 
Comment 3.

Analysis of Comments Received

    All issues raised in the case briefs are addressed in the Issues 
and Decision Memorandum, which is hereby adopted by this notice. A list 
of the issues which parties raised and to which we responded in the 
Issues and Decision Memorandum is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document which 
is on file in the Central Records Unit in room 1117 in the main 
Department building, and is accessible on the Web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Results

    There have been no changes since the Preliminary Results.

Final Results of Review

    We determine that the following percentage margins exist for the 
period September 1, 2005, through August 31, 2006:

               Freshwater Crawfish Tail Meat from the PRC
------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Xiping Opeck Food Co., Ltd.............................          13.61
Xuzhou Jinjiang Foodstuffs Co., Ltd....................         223.01
PRC-wide Rate..........................................         223.01
------------------------------------------------------------------------

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of crawfish from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) for Xiping Opeck and 
Xuxhou, which each have separate rates, the cash deposit rate will be 
the company-specific rate shown above; (2) for previously reviewed or 
investigated companies not listed above that have a separate rate, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) the cash deposit rate for all 
other PRC exporters will be 223.01 percent, the current PRC-wide rate; 
and (4) the cash deposit rate for all non-PRC exporters will be the 
rate applicable to the PRC exporter that supplied that exporter. These 
cash deposit requirements shall remain in effect until further notice.

Notification of Interested Parties

    This notice also serves as a final 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials 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 sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 7, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix - List of Issues

Comment 1: Whether the Department Should Assign a Combination Rate to 
Xiping Opeck
Comment 2: Whether Jingdezhen's Sale was Bona Fide
Comment 3: Whether Xuzhou's Dumping Margin Should be Based on Total 
Adverse Facts Available
    A. Unreported POR Sales of Subject Merchandise
    B. Application of Adverse Facts Available
    C. The Appropriate AFA Rate
Comment 4: Whether the Department Should have Accepted New Factual 
Information Submitted by Washington International Insurance Company
Comment 5: Whether Certain Factual Information Should be Removed from 
the Record
[FR Doc. E8-8046 Filed 4-14-08; 8:45 am]
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