[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Notices]
[Pages 52180-52181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24460]


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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 June 8, 2009, 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, 2007, through August 31, 2008.
    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.''

DATES: Effective Date: October 9, 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 June 8, 2009, 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, 74 FR 27109 
(June 8, 2009) (Preliminary Results). The administrative review covers 
Xiping Opeck Food Co., Ltd. (Xiping Opeck). We invited interested 
parties to comment on the preliminary results. On July 8, 2009, we 
received a case brief from the petitioner, the Crawfish Processors 
Alliance. We did not receive a rebuttal brief from Xiping Opeck. No 
interested party has requested a hearing. 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 un-purged), 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 U.S. Customs and Border Protection (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.

Rescission of Administrative Review in Part

    In the Preliminary Results, we preliminarily found that Shanghai 
Now Again International Trading Co., Ltd. (Shanghai Now Again), and 
Yancheng Hi-King Agriculture Developing Co., Ltd. (Hi-King), 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, 74 FR at 27110. We have 
received no comments concerning our intent to rescind this 
administrative review in part. We continue to find that Shanghai Now 
Again and Hi-King 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 the

[[Page 52181]]

review of Shanghai Now Again and Hi-King.

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 stated that we 
selected India\1\ as the appropriate surrogate country to use in this 
review because it is a significant producer of merchandise comparable 
to subject merchandise and it is at a level of economic development 
comparable to the PRC, pursuant to section 773(c)(4) of the Act. See 
Preliminary Results, 74 FR at 27110. 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.
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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, 74 FR at 27110, 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 Xiping Opeck demonstrated 
its eligibility for separate-rate status. See Preliminary Results, 74 
FR at 27110-11. 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 Xiping Opeck 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 
Xiping Opeck is eligible to receive a separate rate.

Analysis of Comments Received

    Two issues raised in the case brief by the petitioner in this 
review are 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 
September 28, 2009, which is hereby adopted by this notice. A list of 
the issues which the petitioner has raised and to which we have 
responded is in the Decision Memo and attached to this notice as an 
Appendix. The Decision Memo, which is a public document, is on file in 
the CRU of the main Department of Commerce building, Room 1117, and is 
accessible on the Web at http://ia.ita.doc.gov/frn/index.html. 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 final weighted-average 
dumping margin for Xiping Opeck for the period September 1, 2007, 
through August 31, 2008, is 0.00 percent.

Assessment

    The Department intends to issue assessment instructions to CBP 15 
days after the date of publication of these final results of review. 
Because we calculated a margin of zero percent for Xiping Opeck, we 
will instruct CBP to liquidate the entries of merchandise exported by 
Xiping Opeck 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 Xiping Opeck, 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.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
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: October 2, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

1. Verification Requirement
2. Draft Liquidation Instructions

[FR Doc. E9-24460 Filed 10-8-09; 8:45 am]
BILLING CODE 3510-DS-S