[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6571-6573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2767]


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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 of Antidumping Duty Administrative Review and 
Rescission of Review in Part

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

SUMMARY: On October 6, 2008, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on freshwater crawfish tail meat from the People's Republic 
of China. The review covers one exporter. The period of review is 
September 1, 2006, through August 31, 2007.
    Based on our analysis of the comments received, we have made no 
changes to our margin calculations. Therefore, the final results do not 
differ from the preliminary results. The final weighted-average dumping 
margin for the reviewed firm is listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: February 10, 2009

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 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 6, 2008, the Department of Commerce (the Department) 
published the preliminary results of review of the antidumping duty 
order on freshwater crawfish tail meat from the People's Republic of 
China (PRC). See Freshwater Crawfish Tail Meat From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Intent to Rescind Review in Part, 73 FR 58115 
(October 6, 2008) (Preliminary Results). The administrative review 
covers Yancheng Hi-King Agriculture Developing Co., Ltd. (Hi-King). We 
invited interested parties to comment on the preliminary results. On 
November 5, 2008, we received a case brief from the petitioners, the 
Crawfish Processors Alliance and the Louisiana Department of 
Agriculture and Forestry. On November 10, 2008, we received a rebuttal 
brief from Hi-King. The Department has conducted this administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).

Scope of the Order

    The product covered by the 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 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 the order is dispositive.

Partial Rescission of Administrative Review

    In the Preliminary Results, we preliminarily found that Shanghai 
Now Again International Trading Co., Ltd. (Shanghai Now Again), and 
Xiping Opeck Food Co., Ltd. (Xiping Opeck), had no shipments of subject 
merchandise during the period of review and we stated our intent to 
rescind the administrative review with respect to these companies. See 
Preliminary Results, 73 FR at 58116. We have received no comments 
concerning our intent to rescind this administrative review in part. We 
continue to find that Shanghai Now Again and Xiping Opeck had no 
shipments of freshwater crawfish tail meat from the PRC during the 
period of review. In accordance with 19 CFR 351.213(d)(3), we are 
rescinding our review of Shanghai Now Again and Xiping Opeck.

Surrogate Country

    In the Preliminary Results, we treated the PRC as a non-market-
economy (NME) country and, therefore, we calculated normal value in 
accordance with section 773(c) of the Act. Also, we

[[Page 6572]]

stated that we selected India\1\ as the appropriate surrogate country 
to use in this review because (1) it is a significant producer of 
merchandise comparable to subject merchandise and (2) it is at a level 
of economic development comparable to the PRC, pursuant to section 
773(c)(4) of the Act. See Preliminary Results, 73 FR at 58117. No 
interested party commented on our designation of the PRC as an NME 
country or the selection of India as the primary surrogate country. 
Therefore, for the final results of review, we have continued to treat 
the PRC as an NME country and have used the same primary surrogate 
country, India, for these final results.
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    \1\ We have selected India as the primary surrogate country in 
which to value all inputs with the exception of live crawfish, the 
primary input, and the by-product, crawfish scrap shell. See 
Preliminary Results, 73 FR at 58117, for a discussion regarding the 
valuation of live crawfish and the selection of Indonesia as the 
secondary surrogate country.
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Separate Rates

    In proceedings involving NME countries, the Department begins with 
a rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assigned a single 
antidumping duty deposit rate. It is the Department's policy to assign 
all exporters of merchandise subject to review in an NME country this 
single rate unless an exporter can demonstrate that it is sufficiently 
independent so as to be entitled to a separate rate.
    In the Preliminary Results, we found that Hi-King demonstrated its 
eligibility for separate-rate status. See Preliminary Results, 73 FR at 
58117-58118. We received no comments from interested parties regarding 
the separate-rate status of this company. Therefore, in these final 
results of review, we continue to find that the evidence placed on the 
record of this review by Hi-King demonstrates an absence of government 
control, both in law and in fact, with respect to its exports of the 
merchandise under review. Thus, we have determined that Hi-King is 
eligible to receive a separate rate.

Duty Absorption

    In the Preliminary Results, we stated that we will not make a duty-
absorption determination with respect to Jingdezhen Garay Foods Co., 
Ltd., Shanghai Now Again, Xiping Opeck, Anhui Tongxin Aquatic Product & 
Food Co., Ltd., and Xuzhou Jinjiang Foodstuffs Co., Ltd., because we 
have either rescinded or were announcing our intent to rescind in part 
the review with respect to these companies. See Preliminary Results, 73 
FR at 58117. In addition, we stated that we have not investigated 
whether Hi-King absorbed duties because there is no record evidence 
indicating that Hi-King sold subject merchandise in the United States 
through an affiliated importer. See Preliminary Results, 73 FR at 
58117.
    While we continue to not make a duty-absorption determination for 
the final results, we are clarifying our analysis. Section 751(a)(4) of 
the Act provides that, if requested, the Department shall determine 
during an administrative review initiated two or four years after the 
publication of the order ``whether antidumping duties have been 
absorbed by a foreign producer or exporter. . . if the subject 
merchandise is sold in the United States'' through an affiliated 
importer. Because the order on crawfish tail meat from the PRC was 
published on September 15, 1997, and this review was initiated ten 
years thereafter on October 31, 2007, this review was not initiated two 
or four years after the publication of the order. Therefore, pursuant 
to section 751(a)(4) of the Act, the Department continues to not make a 
duty-absorption determination in this review.

Analysis of Comments Received

    A single issue raised in the case and rebuttal briefs by parties in 
this review is addressed in the ``Issues and Decision Memorandum'' 
(Decision Memo) from John M. Andersen, Acting Deputy Assistant 
Secretary, to Ronald K. Lorentzen, Acting Assistant Secretary, dated 
February 3, 2009, which is hereby adopted by this notice. The issue 
which parties have raised and to which we have responded in the 
Decision Memo relates to the appropriate calculation of surrogate 
values for inland-freight expenses. Parties can find a complete 
discussion of the issue raised in this review and the corresponding 
recommendation in this public memorandum, which is on file in the 
Department's Central Records Unit, Room 1117 of the main Commerce 
building (CRU). In addition, a complete version of the Decision Memo 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Changes Since the Preliminary Results

    There are no changes in the calculations from those we completed 
for the Preliminary Results.

Final Results of the Review

    The Department has determined that the following final weighted-
average dumping margin exists for the period September 1, 2006, through 
August 31, 2007:

------------------------------------------------------------------------
                                                               Percent
                   Manufacturer/Exporter                        Margin
------------------------------------------------------------------------
Yancheng Hi-King Agriculture Developing Co., Ltd...........         0.00
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review. Because we calculated a 
margin of zero percent for Hi-King, we will instruct CBP to liquidate 
the entries of merchandise exported by Hi-King without regard to 
antidumping duties.

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 the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise exported by Hi-King, the cash-deposit rate will be 0.00 
percent; (2) for previously reviewed or investigated companies not 
listed above that have separate rates, the cash-deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) for all other PRC exporters of subject merchandise which 
have not been found to be entitled to a separate rate, the cash-deposit 
rate will be PRC-wide rate of 223.01 percent; (4) for all non-PRC 
exporters of subject merchandise the cash-deposit rate will be the rate 
applicable to the PRC entity that supplied that exporter. These deposit 
requirements shall remain in effect until further notice.

Notifications

    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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

[[Page 6573]]

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
notification of the return or 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 sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: February 3, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-2767 Filed 2-9-09; 8:45 am]
BILLING CODE 3510-DS-S