[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Notices]
[Pages 56180-56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26228]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Notice of Initiation of Antidumping Duty New-Shipper Review

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

DATES: Effective Date: October 30, 2009.

SUMMARY:  On September 15, 2009, the Department of Commerce (the

[[Page 56181]]

Department) received a request to conduct a new-shipper review of the 
antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (PRC). In accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214(d), we are initiating an antidumping duty new-shipper 
review.

FOR FURTHER INFORMATION CONTACT:  Hermes Pinilla or Minoo Hatten at 
(202) 482-3477 and (202) 482-1690, respectively, Office 5, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on freshwater 
crawfish tail meat from the PRC in the Federal Register on September 
15, 1997. See Notice of Amendment to Final Determination of Sales at 
Less than Fair Value and Antidumping Duty Order: Freshwater Crawfish 
Tail Meat from the People's Republic of China, 62 FR 48218 (September 
15, 1997). On September 15, 2009, we received a timely request for a 
new-shipper review of the antidumping duty order on freshwater crawfish 
tail meat from the PRC from Nanjing Gemsen International Co., Ltd. 
(Nanjing Gemsen). At our request, on October 13, 2009, Nanjing Gemsen 
submitted additional information to supplement its request for a new-
shipper review. See memorandum to file dated October 13, 2009. Nanjing 
Gemsen certified that it is the exporter of the subject merchandise 
upon which the request for a new-shipper review is based.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(ii)(A), Nanjing Gemsen certified that it did not export 
freshwater crawfish tail meat to the United States during the period of 
investigation (POI). Further, pursuant to 19 CFR 351.214(b)(2)(ii)(B), 
the producer, Henan Baoshu Aquatic Products Co., Ltd. (Henan Baoshu), 
certified that it did not export subject merchandise to the United 
States during the POI. In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Nanjing Gemsen certified that, since the initiation of the 
investigation, it has never been affiliated with any PRC exporter or 
producer who exported freshwater crawfish tail meat to the United 
States during the POI, including those not individually examined during 
the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Nanjing 
Gemsen also certified that its export activities are not controlled by 
the central government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Nanjing Gemsen submitted documentation 
establishing the date on which it first shipped freshwater crawfish 
tail meat for export to the United States and the date on which the 
freshwater crawfish tail meat was first entered, or withdrawn from 
warehouse, for consumption, the volume of its first shipment, and the 
date of its first sale to an unaffiliated customer in the United 
States.
    The Department conducted a query of the U.S. Customs and Border 
Protection (CBP) database to confirm that Nanjing Gemsen's shipment of 
subject merchandise had entered the United States for consumption and 
had been suspended for antidumping duties. The Department also 
corroborated Nanjing Gemsen's assertion that it made subsequent 
shipments to the United States by reviewing CBP data.
    We did not receive comments from Crawfish Processors Alliance (the 
petitioner) on Nanjing Gemsen's request for a new-shipper review.

Initiation of New-Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that Nanjing Gemsen's request meets 
the threshold requirements for initiation of a new-shipper review for 
the shipment of freshwater crawfish tail meat from the PRC. See 
Memorandum to the File entitled: ``New-Shipper Review Initiation 
Checklist'' dated October 26, 2009.
    The period of review for this new-shipper review is September 1, 
2008, through August 31, 2009. See 19 CFR 351.214(g)(1)(i)(A). The 
Department intends to issue the preliminary results of this review no 
later than 180 days from the date of initiation and final results of 
this review no later than 270 days from the date of initiation. See 
section 751(a)(2)(B)(iv) of the Act.
    Interested parties requiring access to proprietary information in 
this new-shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    Because Nanjing Gemsen certified that it exported subject 
merchandise produced by Henan Baoshu, the sales of which form the basis 
for the request for a new-shipper review, we will instruct CBP to 
allow, at the option of the importer until the completion of the 
review, the posting of a bond or security in lieu of a cash deposit for 
each entry of the subject merchandise produced by Henan Baoshu and 
exported by Nanjing Gemsen in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). The bonding privilege will apply only 
to subject merchandise produced by Henan Baoshu and exported by Nanjing 
Gemsen.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: October 26, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-26228 Filed 10-29-09; 8:45 am]
BILLING CODE 3510-DS-P