[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75392-75393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29392]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-848)


Continuation of Antidumping Duty Order on Freshwater Crawfish 
Tail Meat from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  As a result of the determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on freshwater crawfish tail 
meat (crawfish) from the People's Republic of China (PRC) would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, the Department is publishing a notice 
of continuation for the antidumping duty order.

EFFECTIVE DATE: December 11, 2008.

FOR FURTHER INFORMATION CONTACT:  Lyn Johnson 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-
5287 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2008, the Department initiated and the ITC instituted 
the second sunset review of the antidumping duty order on crawfish from 
the PRC pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). See Initiation of Five&year (``Sunset'') Review, 73 
FR 37411 (July 1, 2008); see also Institution of a Fiv&year Review 
Concerning the Antidumping Duty Order on Crawfish Tail Meat from China, 
73 FR 37489 (July 1, 2008).
    As a result of its review, the Department determined that 
revocation of the antidumping duty order on crawfish from the PRC would 
likely lead to a continuation or recurrence of dumping and, therefore, 
notified the ITC of the magnitude of the margins likely to prevail 
should the order be revoked. See Freshwater Crawfish Tail Meat from the 
People's Republic of China: Final Results of the Second Expedited 
Sunset Review of the Antidumping Duty Order, 73 FR 65832 (November 5, 
2008).
    On November 25, 2008, the ITC determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty order on 
crawfish from the PRC would likely lead to a continuation or recurrence 
of material injury to an industry in the United States within a 
reasonable foreseeable future. See Crawfish Tail Meat from China (Inv. 
No. 731-TA-752 (Second Review)), USITC Publication 4047 (November 25, 
2008); see also Crawfish Tail Meat from China, 73 FR 72833 (December 1, 
2008).

Scope of Order

    The product covered by this antidumping duty order is freshwater 
crawfish, 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 
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.

Continuation of the Order

    As a result of these determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United states, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on crawfish from the PRC. U.S. Customs and Border Protection 
will continue to collect antidumping duty cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year sunset review and this notice are in accordance with 
section

[[Page 75393]]

751(c) of the Act and published pursuant to section 777(i)(1) of the 
Act.

    Dated: December 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29392 Filed 12-10-08; 8:45 am]
BILLING CODE 3510-DS-S