Freshwater Crawfish Tail Meat from the People's Republic of China: Initiation of New Shipper Antidumping Duty Reviews, 23987-23988 [E5-2214]

Download as PDF Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices ALJ Docketing Center, Baltimore, 40 S. Gay Street, Room 412, Baltimore, Maryland 21202–4022, Phone: 410–962–7434. Done and dated this 30th day of March, 2005, at New York, New York, Done and dated this 30th day of March 2005, at New Udate Dated: Shaniqua Jenkins, Paralegal Specialist to the Administrative Law Judge. [FR Doc. 05–9118 Filed 5–5–05; 8:45 am] BILLING CODE 3510–33–M DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Freshwater Crawfish Tail Meat from the People’s Republic of China: Initiation of New Shipper Antidumping Duty Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In March 2005, the Department of Commerce (‘‘the Department’’) received three requests to conduct new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (‘‘PRC’’). We have determined that each of these requests meet the statutory and regulatory requirements for the initiation of a new shipper review. EFFECTIVE DATE: May 6, 2005. FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482–1386 or Kristina Boughton at (202) 482–8173; AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department received timely requests from Shanghai Sunbeauty Trading Co., Ltd., (‘‘Shanghai Sunbeauty’’) (March 18, 2005), Jiangsu Jiushoutang Organisms–Manufactures Co., Ltd., (‘‘Jiangsu JOM’’) (March 18, 2005), and Qingdao Wentai Trading Co., Ltd., (‘‘Qingdao Wentai’’) (March 21, 2005) in accordance with 19 CFR 351.214 (c), for new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the PRC, which has a March semiannual anniversary month. Jiangsu JOM identified itself as the producer and exporter of freshwater crawfish tail meat. Shanghai Sunbeauty identified itself as the exporter and Wuwei Xinhua VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 Food Co., Ltd., (‘‘Wuwei Xinhua’’) as the producer of subject merchandise. Qingdao Wentai identified itself as the exporter and Nanxian Shunxiang Aquatic Food Products Co., Ltd., as the producer of subject merchandise. As required by 19 CFR 351.214(b)(2)(i), and (iii)(A), Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai certified that they did not export freshwater crawfish tail meat to the United States during the period of investigation (‘‘POI’’), and that each company has never been affiliated with any exporter or producer which exported freshwater crawfish tail meat to the United States during the POI. Furthermore, Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai have also certified that their export activities are not controlled by the central government of the PRC, satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant to 19 CFR 351.214(b)(2)(iv), Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai submitted documentation establishing the date on which the subject merchandise was first entered for consumption in the United States, the volume of that first shipment and any subsequent shipments, and the date of the first sale to an unaffiliated customer in the United States. The Department conducted Customs database queries to confirm that each company’s shipment had officially entered the United States via assignment of an entry date in the Customs database by U.S. Customs and Border Protection (‘‘CBP’’). Initiation of Reviews In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 (‘‘the Act’’), as amended, and 19 CFR 351.214(d)(1), and based on information on the record, we are initiating new shipper reviews for Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai. See Memoranda to the File through James C. Doyle, ‘‘New Shipper Initiation Checklist,’’ all dated April 29, 2005. We intend to issue the preliminary results of this review not later than 180 days after the date on which this review was initiated, and the final results of this review within 90 days after the date on which the preliminary results were issued. Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review (‘‘POR’’) for a new shipper review, initiated in the month immediately following the semiannual anniversary month, will be the six-month period immediately preceding the semiannual anniversary month. Therefore, the POR for the new shipper reviews of Shanghai Sunbeauty, Jiangsu JOM, and Qingdao PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 23987 Wentai will be September 1, 2004, through February 28, 2005. It is the Department’s usual practice in cases involving non-market economies to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai, including a separate rates section. The reviews will proceed if the responses provide sufficient indication that Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai are not subject to either de jure or de facto government control with respect to their exports of freshwater crawfish tail meat. However, if the exporter does not demonstrate the company’s eligibility for a separate rate, then the company will be deemed not separate from the PRC-wide entity, which exported during the POI and its new shipper review will be rescinded. See, 19 CFR 251.214(2)(iii)(A), see also Notice of Preliminary Results of Antidumping Duty New Shipper Review and Rescission of New Shipper Reviews: Freshwater Crawfish Tail Meat from the People’s Republic of China, 69 FR 53669 (September 2, 2004) and Brake Rotors From the People’s Republic of China: Rescission of Second New Shipper Review and Final Results and Partial Rescission of First Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 1999). In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), we will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a single entry bond or security in lieu of a cash deposit for certain entries of the merchandise exported by either Shanghai Sunbeauty, Jiangsu JOM, or Qingdao Wentai. We will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to entries from these three exporters for which the respective producers under review are the suppliers. Interested parties that need access to proprietary information in these new shipper reviews should submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d). E:\FR\FM\06MYN1.SGM 06MYN1 23988 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices Dated: April 29, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2214 Filed 5–5–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–201–827 Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Mexico: Notice of Intent To Rescind Administrative Review Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Intent To Rescind Administrative Review. AGENCY: SUMMARY: On September 22, 2004, we published the notice of initiation of this antidumping duty review with respect to Tubos de Acero de Mexico, S.A. (‘‘TAMSA’’). See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Requests for Revocation in Part, 69 FR 56745 (September 22, 2004). We have preliminarily determined that the review of TAMSA should be rescinded. EFFECTIVE DATE: May 6, 2005. FOR FURTHER INFORMATION CONTACT: James Terpstra or George McMahon, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3965 or (202) 482– 1167, respectively. SUPPLEMENTARY INFORMATION: Background On August 3, 2004, the Department of Commerce (‘‘the Department’’) published in the Federal Register the notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line, and pressure pipe (‘‘SLP’’) from Mexico, for the period August 1, 2003, through July 31, 2004 (69 FR 46496). On August 31, 2004, we received a request from the petitioner1 to review TAMSA. On September 22, 2004, we published the notice of initiation of this antidumping duty administrative review with respect to TAMSA. See Initiation of Antidumping 1 The petitioner is United States Steel Corporation. VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 and Countervailing Duty Administrative Reviews, Requests for Revocation in Part, 69 FR 56745 (September 22, 2004). On November 23, 2004, TAMSA submitted a letter certifying that neither TAMSA, nor its U.S. affiliate, Tenaris Global Services USA (‘‘Tenaris’’), directly or indirectly, exported or sold for consumption in the United States any subject merchandise during the period of review (‘‘POR’’). Scope of the Order The products covered are large diameter seamless carbon and alloy (other than stainless) steel standard, line, and pressure pipes produced, or equivalent, to the American Society for Testing and Materials (‘‘ASTM’’) A–53, ASTM A–106, ASTM A–333, ASTM A– 334, ASTM A–589, ASTM A–795, and the American Petroleum Institute (‘‘API’’) 5L specifications and meeting the physical parameters described below, regardless of application, with the exception of the exclusions discussed below. The scope of this order also includes all other products used in standard, line, or pressure pipe applications and meeting the physical parameters described below, regardless of specification, with the exception of the exclusions discussed below. Specifically included within the scope of this order are seamless pipes greater than 4.5 inches (114.3 mm) up to and including 16 inches (406.4 mm) in outside diameter, regardless of wall– thickness, manufacturing process (hot finished or cold–drawn), end finish (plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish. The seamless pipes subject to this order are currently classifiable under subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 7304.10.50.50, 7304.31.60.50, 7304.39.00.36 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60, 7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Specifications, Characteristics, and Uses: Large diameter seamless pipe is used primarily for line applications such as oil, gas, or water pipeline, or utility distribution systems. Seamless pressure pipes are intended for the conveyance of water, steam, petrochemicals, chemicals, oil products, natural gas and other liquids and gasses PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 in industrial piping systems. They may carry these substances at elevated pressures and temperatures and may be subject to the application of external heat. Seamless carbon steel pressure pipe meeting the ASTM A–106 standard may be used in temperatures of up to 1000 degrees Fahrenheit, at various American Society of Mechanical Engineers (‘‘ASME’’) code stress levels. Alloy pipes made to ASTM A–335 standard must be used if temperatures and stress levels exceed those allowed for ASTM A–106. Seamless pressure pipes sold in the United States are commonly produced to the ASTM A– 106 standard. Seamless standard pipes are most commonly produced to the ASTM A–53 specification and generally are not intended for high temperature service. They are intended for the low temperature and pressure conveyance of water, steam, natural gas, air and other liquids and gasses in plumbing and heating systems, air conditioning units, automatic sprinkler systems, and other related uses. Standard pipes (depending on type and code) may carry liquids at elevated temperatures but must not exceed relevant ASME code requirements. If exceptionally low temperature uses or conditions are anticipated, standard pipe may be manufactured to ASTM A–333 or ASTM A–334 specifications. Seamless line pipes are intended for the conveyance of oil and natural gas or other fluids in pipe lines. Seamless line pipes are produced to the API 5L specification. Seamless water well pipe (ASTM A– 589) and seamless galvanized pipe for fire protection uses (ASTM A–795) are used for the conveyance of water. Seamless pipes are commonly produced and certified to meet ASTM A–106, ASTM A–53, API 5L–B, and API 5L–X42 specifications. To avoid maintaining separate production runs and separate inventories, manufacturers typically triple or quadruple certify the pipes by meeting the metallurgical requirements and performing the required tests pursuant to the respective specifications. Since distributors sell the vast majority of this product, they can thereby maintain a single inventory to service all customers. The primary application of ASTM A– 106 pressure pipes and triple or quadruple certified pipes in large diameters is for use as oil and gas distribution lines for commercial applications. A more minor application for large diameter seamless pipes is for use in pressure piping systems by refineries, petrochemical plants, and chemical plants, as well as in power E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 23987-23988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2214]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Initiation of New Shipper Antidumping Duty Reviews

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

SUMMARY: In March 2005, the Department of Commerce (``the Department'') 
received three requests to conduct new shipper reviews of the 
antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (``PRC''). We have determined that each of 
these requests meet the statutory and regulatory requirements for the 
initiation of a new shipper review.

EFFECTIVE DATE: May 6, 2005.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482-1386 or 
Kristina Boughton at (202) 482-8173; AD/CVD Operations, Office 9, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Shanghai Sunbeauty 
Trading Co., Ltd., (``Shanghai Sunbeauty'') (March 18, 2005), Jiangsu 
Jiushoutang Organisms-Manufactures Co., Ltd., (``Jiangsu JOM'') (March 
18, 2005), and Qingdao Wentai Trading Co., Ltd., (``Qingdao Wentai'') 
(March 21, 2005) in accordance with 19 CFR 351.214 (c), for new shipper 
reviews of the antidumping duty order on freshwater crawfish tail meat 
from the PRC, which has a March semiannual anniversary month. Jiangsu 
JOM identified itself as the producer and exporter of freshwater 
crawfish tail meat. Shanghai Sunbeauty identified itself as the 
exporter and Wuwei Xinhua Food Co., Ltd., (``Wuwei Xinhua'') as the 
producer of subject merchandise. Qingdao Wentai identified itself as 
the exporter and Nanxian Shunxiang Aquatic Food Products Co., Ltd., as 
the producer of subject merchandise. As required by 19 CFR 
351.214(b)(2)(i), and (iii)(A), Shanghai Sunbeauty, Jiangsu JOM, and 
Qingdao Wentai certified that they did not export freshwater crawfish 
tail meat to the United States during the period of investigation 
(``POI''), and that each company has never been affiliated with any 
exporter or producer which exported freshwater crawfish tail meat to 
the United States during the POI. Furthermore, Shanghai Sunbeauty, 
Jiangsu JOM, and Qingdao Wentai have also certified that their export 
activities are not controlled by the central government of the PRC, 
satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant 
to 19 CFR 351.214(b)(2)(iv), Shanghai Sunbeauty, Jiangsu JOM, and 
Qingdao Wentai submitted documentation establishing the date on which 
the subject merchandise was first entered for consumption in the United 
States, the volume of that first shipment and any subsequent shipments, 
and the date of the first sale to an unaffiliated customer in the 
United States. The Department conducted Customs database queries to 
confirm that each company's shipment had officially entered the United 
States via assignment of an entry date in the Customs database by U.S. 
Customs and Border Protection (``CBP'').

Initiation of Reviews

    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 
(``the Act''), as amended, and 19 CFR 351.214(d)(1), and based on 
information on the record, we are initiating new shipper reviews for 
Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai. See Memoranda to 
the File through James C. Doyle, ``New Shipper Initiation Checklist,'' 
all dated April 29, 2005. We intend to issue the preliminary results of 
this review not later than 180 days after the date on which this review 
was initiated, and the final results of this review within 90 days 
after the date on which the preliminary results were issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review 
(``POR'') for a new shipper review, initiated in the month immediately 
following the semiannual anniversary month, will be the six-month 
period immediately preceding the semiannual anniversary month. 
Therefore, the POR for the new shipper reviews of Shanghai Sunbeauty, 
Jiangsu JOM, and Qingdao Wentai will be September 1, 2004, through 
February 28, 2005.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide evidence of de jure and de facto absence of government control 
over the company's export activities. Accordingly, we will issue 
questionnaires to Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai, 
including a separate rates section. The reviews will proceed if the 
responses provide sufficient indication that Shanghai Sunbeauty, 
Jiangsu JOM, and Qingdao Wentai are not subject to either de jure or de 
facto government control with respect to their exports of freshwater 
crawfish tail meat. However, if the exporter does not demonstrate the 
company's eligibility for a separate rate, then the company will be 
deemed not separate from the PRC-wide entity, which exported during the 
POI and its new shipper review will be rescinded. See, 19 CFR 
251.214(2)(iii)(A), see also Notice of Preliminary Results of 
Antidumping Duty New Shipper Review and Rescission of New Shipper 
Reviews: Freshwater Crawfish Tail Meat from the People's Republic of 
China, 69 FR 53669 (September 2, 2004) and Brake Rotors From the 
People's Republic of China: Rescission of Second New Shipper Review and 
Final Results and Partial Rescission of First Antidumping Duty 
Administrative Review, 64 FR 61581 (November 12, 1999). In accordance 
with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), we 
will instruct CBP to allow, at the option of the importer, the posting, 
until the completion of the review, of a single entry bond or security 
in lieu of a cash deposit for certain entries of the merchandise 
exported by either Shanghai Sunbeauty, Jiangsu JOM, or Qingdao Wentai. 
We will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to 
entries from these three exporters for which the respective producers 
under review are the suppliers. Interested parties that need access to 
proprietary information in these new shipper reviews should submit 
applications for disclosure under administrative protective orders in 
accordance with 19 CFR 351.305 and 351.306. This initiation and notice 
are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) 
and 19 CFR 351.214(d).


[[Page 23988]]


    Dated: April 29, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-2214 Filed 5-5-05; 8:45 am]
BILLING CODE 3510-DS-S