[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Notices]
[Page 42771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16855]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / 
Notices  

[[Page 42771]]



DEPARTMENT OF COMMERCE

Internatioal Trade Administration

(A-570-848)


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Notice of Partial Rescission of Antidumping Duty Administrative 
Review

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

EFFECTIVE DATE: July 23, 2008.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0665 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 31, 2007, the Department of Commerce (Department) 
published a notice of initiation of an administrative review of the 
antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (PRC). See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 72 FR 61621 (October 31, 
2007). The review was initiated with respect to six companies\1\ and 
covers the period September 1, 2006, through August 31, 2007.
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    \1\ These companies are Anhui Tongxin Aquatic Product & Food 
Co., Ltd. (Anhui), Jingdezhen Garay Foods Co., Ltd. (Jingdezhen), 
Shanghai Now Again International Trading Co., Ltd. (Shanghai Now 
Again), Xiping Opeck Food Co., Ltd. (Xiping Opeck), Xuzhou Jinjiang 
Foodstuffs Co., Ltd. (Xuzhou), and Yancheng Hi-King Agriculture 
Developing Co., Ltd. (Hi-King).
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    On November 15, 2007, we selected Xuzhou and Hi-King for individual 
examination in this administrative review. See memorandum to Abdelali 
Elouaradia entitled ``2006-2007 Antidumping Duty Administrative Review 
of Freshwater Crawfish Tail Meat from the People's Republic of China: 
Respondent Selection Memorandum,'' dated November 15, 2007. On November 
16, 2007, the Department issued the antidumping questionnaire to Xuzhou 
and Hi-King. The Department also issued either a separate-rate status 
application or separate-rate status certification to the firms not 
selected for individual examination (i.e., Anhui, Jingdezhen, Shanghai 
Now Again, and Xiping Opeck), in which the Department asked these 
companies to submit their separate-rate information in the event they 
wished to qualify for separate-rate status for the POR.
    On December 12, 2007, Jingdezhen, Shanghai Now Again, and Xiping 
Opeck submitted letters to the Department, stating that they did not 
make any sale or entry, directly or through any third parties, of the 
subject merchandise to the United States during the POR. On January 16, 
2008, Anhui stated that it did not have any entries or export sales, 
directly or indirectly, of subject merchandise to the United States 
during the POR. Pursuant to 19 CFR 351.213(d)(3), Jingdezhen, Shanghai 
Now Again, Xiping Opeck, and Anhui requested that the Department 
rescind its review with respect to these companies.
    On January 29, 2008, the Crawfish Processors Alliance, the 
petitioner, withdrew its request for a review with respect to Anhui, 
Jingdezhen, and Xuzhou. Further, on February 20, 2008, Xuzhou withdrew 
its request for a review.

Rescission of Administrative Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested a 
review withdraws the request within 90 days of the date of publication 
of the notice of initiation of the requested review or withdraws its 
request at a later date if the Department determines that it is 
reasonable to extend the time limit for withdrawing the request. As 
indicated above, Xuzhou withdrew its request for a review on February 
20, 2008, which is after the 90-day deadline. Xuzhou maintained that 
its request to withdraw its request was made early in the review and, 
with the exception of the petitioner's request for a review (which was 
withdrawn in a timely manner \2\), no other party has requested a 
review for Xuzhou.
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    \2\ The petitioner withdrew its request for a review of 
Jingdezhen, Xuzhou, and Anhui within 90 days after date of 
publication of notice of initiation in the Federal Register.
---------------------------------------------------------------------------

    Given the fact that we have not yet committed significant resources 
to the review of Xuzhou, we find it reasonable to accept Xuzhou's 
request to withdraw from this review. Specifically, we have not issued 
supplemental questionnaires regarding Xuzhou's section C and D 
responses, we have not calculated a preliminary margin for Xuzhou, nor 
have we verified Xuzhou's data.
    As indicated above, the petitioner withdrew its request for a 
review of Jingdezhen, Xuzhou, and Anhui in a timely manner. Because no 
party has opposed the request for the withdrawal of the review of 
Jingdezhen, Xuzhou, or Anhui and for the reasons stated above regarding 
Xuzhou's withdrawal, the Department is rescinding this review in part 
with respect to these companies in accordance with 19 CFR 
351.213(d)(1).
    The Department intends to examine claims made by Shanghai Now Again 
and Xiping Opeck of no sales or entries of the subject merchandise to 
the United States during the POR by examining U.S. Customs and Border 
Protection (CBP) entry data.

Assessment

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For Jingdezhen, Anhui, and Xuzhou, antidumping 
duties shall be assessed at a rate equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department will issue liquidation instructions to 
CBP 15 days after the publication of this notice.
    This notice is issued and published in accordance with section 
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: July 16, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-16855 Filed 7-22-08; 8:45 am]
BILLING CODE 3510-DS-S