Notice of Rescission of Antidumping Duty New Shipper Review: Freshwater Crawfish Tail Meat from the People's Republic of China, 51751-51753 [E5-4768]

Download as PDF Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices Small Business Administration provides a comprehensive array of export counseling and trade finance services to small and medium-sized U.S. exporting firms. It proposes the extension of the Office of Management and Budget’s authorization for this information collection form to continue the usefulness of its interactive website. In addition, this generic form will be used in its entirety or with minor modifications by all U.S. Export Assistance Centers and the Office of Domestic Operations. The form will ask U.S. exporting firm respondents to provide general background information and identify which services (s) they are interested in. II. Method of Collection The form is submitted via Internet, telephone, fax, or e-mail. III. Data OMB Number: 0625–0237. Form Number: ITA–4148P. Type of Review: Regular Submission. Affected Public: Business or other forprofit. Estimated Number of Respondents: 7,000. Estimated Time Per Response: 5–20 minutes. Estimated Total Annual Burden Hours: 700 hours. Estimated Total Annual Costs: The estimated annual cost for this collection is $41,000.00 ($24,000.00 for respondents and $17,000.00 for Federal government). IV. Request for Comments Comments are invited on (a) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and costs) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information techniques or forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: August 25, 2005. Madeleine Clayton, Management Analyst, Office of the Chief Information Officer. [FR Doc. 05–17290 Filed 8–30–05; 8:45 am] BILLING CODE 3510–FP–P VerDate Aug<18>2005 17:39 Aug 30, 2005 Jkt 205001 DEPARTMENT OF COMMERCE International Trade Administration [C–122–839] Notice of Extension of Time Limit for Final Results of Countervailing Duty Administrative Review: Certain Softwood Lumber from Canada Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 31, 2005. FOR FURTHER INFORMATION CONTACT: Robert Copyak or Eric Greynolds, 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) 482–2209 and (202) 482–6071, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Information On June 30, 2005, the U.S. Department of Commerce (‘‘Department’’) published a notice of initiation of administrative review on the countervailing duty order of certain softwood lumber from Canada, covering the period April 1, 2003, through March 31, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 69 FR 39409 (June 30, 2005). The preliminary results of this administrative review were published on June 7, 2005. See Notice of Preliminary Results of Countervailing Duty Administrative Review: Certain Softwood Lumber Products from Canada, 70 FR 33088 (June 7, 2005). On July 1, 2005, at the request of the parties, the time periods for filing case briefs and rebuttal briefs was extended to August 11, 2005, and August 18, 2005, respectively. See memorandum from Eric B. Greynolds to file, dated July 1, 2005, and titled ‘‘Briefing Schedule,’’ which is on file in the public file room in room B–099 of the main Commerce building. Extension of Time Limit for Final Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue final results in an administrative review within 120 days after the date on which the preliminary results were published. However, if it is not practicable to complete the final results of review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 51751 the final results to 180 days from the date of publication of the preliminary results. Due to the extension of time periods for filing case briefs and rebuttal briefs, the large volume of issues raised by parties in their briefs, and the complexity of these issues, we find that it is not practicable for the Department to complete the final results of the administrative review within the 120day statutory time frame. Therefore, the Department is extending the time limit for completion of the final results until December 4, 2005, which is 180 days from the date of publication of the preliminary results. However, December 4 falls on Sunday, and it is the Department’s long–standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the final results is December 5, 2005. This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. Dated: August 25, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–4769 Filed 8–30–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–848] Notice of Rescission of Antidumping Duty New Shipper Review: Freshwater Crawfish Tail Meat from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 3, 2004, in response to requests from Dafeng Shunli Import & Export Co., Ltd., and Shanghai Blessing Trade Co. Ltd., the Department of Commerce (‘‘the Department’’) initiated new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China. The period of review is September 1, 2003, through August 31, 2004. For the reasons discussed below, we are rescinding these new shipper reviews. AGENCY: E:\FR\FM\31AUN1.SGM 31AUN1 51752 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices EFFECTIVE DATE: August 31, 2005. FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Bobby Wong, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1386 and (202) 482–0409, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The product covered by this 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 (HTS) under subheadings 1605.40.10.10 and 1605.40.10.90, which are the new HTS subheadings for prepared foodstuffs, indicating peeled crawfish tail meat and other, as introduced by the U.S. Customs Service in 2000, and HTS subheadings 0306.19.00.10 and 0306.29.00, which are reserved for fish and crustaceans in general. The HTS subheadings are provided for convenience and customs purposes only. The written description of the scope of this order is dispositive. Background On September 15, 2004, and September 30, 2004, the Department received requests for new shipper reviews from Shanghai Blessing Trade Co., Ltd. (‘‘Shanghai Blessing’’) and Dafeng Shunli Import & Export Co., Ltd. (‘‘Dafeng Shunli’’) respectively. On November 3, 2004, the Department initiated both new shipper reviews for the period of review (‘‘POR’’) September 1, 2003, through August 31, 2004. See Freshwater Crawfish Tail Meat from the People’s Republic of China: Initiation of Antidumping New Shipper Review, 69 FR 64028 (November 3, 2004). On November 9, 2004, we issued a questionnaire to Shanghai Blessing and Dafeng Shunli. In addition to Sections A, C, and D, the Department’s questionnaire to both respondents included questions regarding each respondent’s importer. On December 27, 2004, and January 5, 2005, we received Shanghai Blessing and Dafeng Shunli’s VerDate Aug<18>2005 17:39 Aug 30, 2005 Jkt 205001 respective responses to Sections A, C, and D of the Department’s questionnaire, including a response regarding each respondent’s importer. We issued and received supplemental questionnaires from Shanghai Blessing and Dafeng Shunli in February, March, and April 2005. On March 23, 2005, the Department extended the time limit for the completion of the preliminary results of review by 66 days from the original April 25, 2005 deadline, in accordance with section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’), and section 351.214(i)(2) of the Department’s regulations. See Notice of Extension of the Preliminary Results of New Shipper Antidumping Duty Reviews: Crawfish Tail Meat from the People’s Republic of China, 70 FR 14648 (March 23, 2005). On June 23, 2005, the Department further extended the time limit for the completion of the preliminary results of review until August 23, 2005. See Notice of Extension of the Preliminary Results of New Shipper Antidumping Duty Reviews: Crawfish Tail Meat from the People’s Republic of China, 70 FR 37327 (June 29, 2005). On June 8, 2005, and July 19, 2005, respectively, the Department completed its preliminary bona fides analysis for both Dafeng Shunli and Shanghai Blessing’s single sales to the United States and stated the Department’s preliminary intention to rescind the new shipper reviews of both companies. See Memorandum from James C. Doyle to Barbara E. Tillman: The Bona Fides Analysis for Dafeng Shunli Import & Export Co., Ltd.’s Sale in the New Shipper Review of Freshwater Crawfish Tail Meat from the People’s Republic of China, (‘‘DF Bona Fides Analysis Memo’’), and Memorandum from James C. Doyle to Barbara E. Tillman: The Bona Fides Analysis for Shanghai Blessing Trade Co., Ltd.’s Sale in the New Shipper Review of Freshwater Crawfish Tail Meat from the People’s Republic of China, (‘‘SB Bona Fides Analysis Memo’’). The Department allowed interested parties an opportunity to provide comments on the Department’s bona fides analysis memos, as well as the new factual information placed on the record of review as attachments to the memo. Dafeng Shunli provided comments on the Department’s DF Bona Fides Analysis Memo on June 24, 2005, and the Louisiana Crawfish Processors Alliance provided rebuttal comments on June 30, 2005. Shanghai Blessing provided comments on the Department’s SB Bona Fides Analysis Memo on August 2, 2005, and the Louisiana Crawfish Processors Alliance PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 provided rebuttal comments on August 5, 2005. Rescission of Review Concurrent with this notice, we are issuing two memoranda detailing our analysis of the bona fides of both Shanghai Blessing and Dafeng Shunli’s U.S. sales and our decision to rescind the reviews for both companies based on the totality of the circumstances. See Memorandum from James C. Doyle, Director, Office 9, to Barbara E. Tillman, Acting DAS for Operations: Bona Fides Analysis and Rescission of New Shipper Review of Freshwater Crawfish Tail Meat from the People’s Republic of China for Dafeng Shunli Import & Export Co., Ltd., dated August 23, 2005 (‘‘DF Rescission Memo’’) and Memorandum from James C. Doyle, Director, Office 9, to Barbara E. Tillman, Acting DAS for Operations: Bona Fides Analysis and Rescission of New Shipper Review of Freshwater Crawfish Tail Meat from the People’s Republic of China for Shanghai Blessing Co., Ltd., dated August 23, 2005 (‘‘SB Rescission Memo’’). In evaluating whether or not a single sale in a new shipper review is commercially reasonable, and therefore bona fide, the Department has considered, inter alia, such factors as (1) the timing of the sale; (2) the price and quantity; (3) the expenses arising from the transaction; (4) whether the goods were resold at a profit; and (5) whether the transaction was at an arms–length basis. See Tianjin Tiancheng Pharmaceutical Co., Ltd. v. U.S., Slip Op. 05–29, at 9 (CIT Mar. 9, 2005) (‘‘TTPC’’), citing Am. Silicon Techs. v. U.S., 110 F. Supp. 2d 992, 995 (CIT 2000). However, the analysis is not limited to these factors alone. The Department examines a number of factors, all of which may speak to the commercial realities surrounding the sale of subject merchandise. While some bona fides issues may share commonalities across various Department cases, each one is company–specific and may vary with the facts surrounding each sale. See Certain Preserved Mushrooms From the People’s Republic of China: Final Results and Partial Rescission of the New Shipper Review and Final Results and Partial Rescission of the Third Antidumping Duty Administrative Review, 68 FR 41304 (July 11, 2003) and accompanying Issues and Decision Memorandum, at 20. The weight given to each factor investigated will depend on the circumstances surrounding the sale. See TTPC, at 39. As discussed in detail in the Department’s DF Rescission Memo, the E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanctions. We are issuing and publishing this determination and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act. Department has determined that the new shipper sale made by Dafeng Shunli was not bona fide because of, (1) the inconsistencies in the import documentation; (2) the circumstances surrounding payment for the single POR sale; (3) the aberrantly low quantity of the single sale, in comparison with other shipments from China; (4) the inconsistencies and irregularities regarding the information provided regarding Dafeng Shunli’s importer as compared to information obtained by the Department; (5) information gaps regarding the actual capital investors in Dafeng Shunli; and (6) an unreported relationship between Dafeng Shunli and Yancheng Yaou Seafood Co., Ltd. As discussed in detail in the Department’s SB Rescission Memo, the Department has determined that the new shipper sale made by Shanghai Blessing was not bona fide because, (1) the circumstances obscuring the identity of the producer of the subject merchandise; (2) the circumstances surrounding Shanghai Blessing’s knowledge of the ultimate customer; (3) the atypical quantity of the single sale in comparison with other shipments during the POR and Shanghai Blessing’s post–POR shipments; (4) the decreases in the entered value and sales price for post– POR shipments; (5) the inconsistencies and irregularities regarding the affiliations of the majority owner of Shanghai Blessing’s producer; and (6) the incomplete and inaccurate responses in the information provided to the Department. Since the Department is rescinding the new shipper reviews, we are not making a determination as to whether Dafeng Shunli and Shanghai Blessing qualify for separate rates. Therefore, Shanghai Blessing and Dafeng Shunli will remain part of the PRC–wide entity. AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 31, 2005. FOR FURTHER INFORMATION CONTACT: Constance Handley or Shane Subler, at (202) 482–0631 or (202) 482–0189, respectively; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Notification The Department will notify the U.S. Customs and Border Protection that bonding is no longer permitted to fulfill security requirements for shipments by Shanghai Blessing and Dafeng Shunli of freshwater crawfish tail meat from the PRC entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register, and that a cash deposit of 223.01 percent ad valorem should be collected for any entries exported by Shanghai Blessing and Dafeng Shunli. This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under Background On June 30, 2004, the Department of Commerce (the Department) published a notice of initiation of administrative review of the antidumping duty order on certain softwood lumber products from Canada, covering the period May 1, 2003, through April 30, 2004. See Notice of Initiation of Antidumping Duty Administrative Review, 69 FR 39409 (June 30, 2004). The review covers the sales of over four hundred producers/exporters of subject merchandise to the United States. Eight of these producers/exporters are being individually examined. On June 7, 2005, the Department published the preliminary results of the antidumping duty administrative review. See Notice of Preliminary Results of Antidumping Duty Administrative Review and Partial VerDate Aug<18>2005 17:39 Aug 30, 2005 Jkt 205001 Dated: August 23, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–4768 Filed 8–30–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–122–838] Certain Softwood Lumber Products from Canada: Extension of the Time Limit for the Final Results of Antidumping Duty Administrative Review AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 51753 Rescission: Certain Softwood Lumber Products from Canada, 70 FR 33063 (June 7, 2005). Extension of Time Limit for Final Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the final results of an administrative review within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results to 180 days from the date of publication of the preliminary results. We determine that it is not practicable to complete the final results of this review within the original time limit. The Department must address a number of significant and complex issues prior to the issuance of the final results. For example, to address thoroughly comments by interested parties in their case briefs, the Department must analyze the overall cost of production calculation methodology employed for the preliminary results of the review. Therefore, the Department is extending the time limit for completion of the final results of this administrative review until no later than December 4, 2005, which is 180 days from the date of publication of the preliminary results. However, December 4 falls on Sunday, and it is the Department’s long–standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the final results is December 5, 2005. This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. Dated: August 25, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–4767 Filed 8–30–05; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51751-51753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4768]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Notice of Rescission of Antidumping Duty New Shipper Review: 
Freshwater Crawfish Tail Meat from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 3, 2004, in response to requests from Dafeng 
Shunli Import & Export Co., Ltd., and Shanghai Blessing Trade Co. Ltd., 
the Department of Commerce (``the Department'') initiated new shipper 
reviews of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China. The period of review is September 
1, 2003, through August 31, 2004. For the reasons discussed below, we 
are rescinding these new shipper reviews.

[[Page 51752]]


EFFECTIVE DATE: August 31, 2005.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Bobby Wong, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1386 and (202) 482-0409, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by this 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 (HTS) under subheadings 1605.40.10.10 and 
1605.40.10.90, which are the new HTS subheadings for prepared 
foodstuffs, indicating peeled crawfish tail meat and other, as 
introduced by the U.S. Customs Service in 2000, and HTS subheadings 
0306.19.00.10 and 0306.29.00, which are reserved for fish and 
crustaceans in general. The HTS subheadings are provided for 
convenience and customs purposes only. The written description of the 
scope of this order is dispositive.

Background

    On September 15, 2004, and September 30, 2004, the Department 
received requests for new shipper reviews from Shanghai Blessing Trade 
Co., Ltd. (``Shanghai Blessing'') and Dafeng Shunli Import & Export 
Co., Ltd. (``Dafeng Shunli'') respectively. On November 3, 2004, the 
Department initiated both new shipper reviews for the period of review 
(``POR'') September 1, 2003, through August 31, 2004. See Freshwater 
Crawfish Tail Meat from the People's Republic of China: Initiation of 
Antidumping New Shipper Review, 69 FR 64028 (November 3, 2004). On 
November 9, 2004, we issued a questionnaire to Shanghai Blessing and 
Dafeng Shunli. In addition to Sections A, C, and D, the Department's 
questionnaire to both respondents included questions regarding each 
respondent's importer. On December 27, 2004, and January 5, 2005, we 
received Shanghai Blessing and Dafeng Shunli's respective responses to 
Sections A, C, and D of the Department's questionnaire, including a 
response regarding each respondent's importer.
    We issued and received supplemental questionnaires from Shanghai 
Blessing and Dafeng Shunli in February, March, and April 2005. On March 
23, 2005, the Department extended the time limit for the completion of 
the preliminary results of review by 66 days from the original April 
25, 2005 deadline, in accordance with section 751(a)(2)(B)(iv) of the 
Tariff Act of 1930, as amended (``the Act''), and section 351.214(i)(2) 
of the Department's regulations. See Notice of Extension of the 
Preliminary Results of New Shipper Antidumping Duty Reviews: Crawfish 
Tail Meat from the People's Republic of China, 70 FR 14648 (March 23, 
2005). On June 23, 2005, the Department further extended the time limit 
for the completion of the preliminary results of review until August 
23, 2005. See Notice of Extension of the Preliminary Results of New 
Shipper Antidumping Duty Reviews: Crawfish Tail Meat from the People's 
Republic of China, 70 FR 37327 (June 29, 2005).
    On June 8, 2005, and July 19, 2005, respectively, the Department 
completed its preliminary bona fides analysis for both Dafeng Shunli 
and Shanghai Blessing's single sales to the United States and stated 
the Department's preliminary intention to rescind the new shipper 
reviews of both companies. See Memorandum from James C. Doyle to 
Barbara E. Tillman: The Bona Fides Analysis for Dafeng Shunli Import & 
Export Co., Ltd.'s Sale in the New Shipper Review of Freshwater 
Crawfish Tail Meat from the People's Republic of China, (``DF Bona 
Fides Analysis Memo''), and Memorandum from James C. Doyle to Barbara 
E. Tillman: The Bona Fides Analysis for Shanghai Blessing Trade Co., 
Ltd.'s Sale in the New Shipper Review of Freshwater Crawfish Tail Meat 
from the People's Republic of China, (``SB Bona Fides Analysis Memo''). 
The Department allowed interested parties an opportunity to provide 
comments on the Department's bona fides analysis memos, as well as the 
new factual information placed on the record of review as attachments 
to the memo. Dafeng Shunli provided comments on the Department's DF 
Bona Fides Analysis Memo on June 24, 2005, and the Louisiana Crawfish 
Processors Alliance provided rebuttal comments on June 30, 2005. 
Shanghai Blessing provided comments on the Department's SB Bona Fides 
Analysis Memo on August 2, 2005, and the Louisiana Crawfish Processors 
Alliance provided rebuttal comments on August 5, 2005.

Rescission of Review

    Concurrent with this notice, we are issuing two memoranda detailing 
our analysis of the bona fides of both Shanghai Blessing and Dafeng 
Shunli's U.S. sales and our decision to rescind the reviews for both 
companies based on the totality of the circumstances. See Memorandum 
from James C. Doyle, Director, Office 9, to Barbara E. Tillman, Acting 
DAS for Operations: Bona Fides Analysis and Rescission of New Shipper 
Review of Freshwater Crawfish Tail Meat from the People's Republic of 
China for Dafeng Shunli Import & Export Co., Ltd., dated August 23, 
2005 (``DF Rescission Memo'') and Memorandum from James C. Doyle, 
Director, Office 9, to Barbara E. Tillman, Acting DAS for Operations: 
Bona Fides Analysis and Rescission of New Shipper Review of Freshwater 
Crawfish Tail Meat from the People's Republic of China for Shanghai 
Blessing Co., Ltd., dated August 23, 2005 (``SB Rescission Memo'').
    In evaluating whether or not a single sale in a new shipper review 
is commercially reasonable, and therefore bona fide, the Department has 
considered, inter alia, such factors as (1) the timing of the sale; (2) 
the price and quantity; (3) the expenses arising from the transaction; 
(4) whether the goods were resold at a profit; and (5) whether the 
transaction was at an arms-length basis. See Tianjin Tiancheng 
Pharmaceutical Co., Ltd. v. U.S., Slip Op. 05-29, at 9 (CIT Mar. 9, 
2005) (``TTPC''), citing Am. Silicon Techs. v. U.S., 110 F. Supp. 2d 
992, 995 (CIT 2000). However, the analysis is not limited to these 
factors alone. The Department examines a number of factors, all of 
which may speak to the commercial realities surrounding the sale of 
subject merchandise. While some bona fides issues may share 
commonalities across various Department cases, each one is company-
specific and may vary with the facts surrounding each sale. See Certain 
Preserved Mushrooms From the People's Republic of China: Final Results 
and Partial Rescission of the New Shipper Review and Final Results and 
Partial Rescission of the Third Antidumping Duty Administrative Review, 
68 FR 41304 (July 11, 2003) and accompanying Issues and Decision 
Memorandum, at 20. The weight given to each factor investigated will 
depend on the circumstances surrounding the sale. See TTPC, at 39.
    As discussed in detail in the Department's DF Rescission Memo, the

[[Page 51753]]

Department has determined that the new shipper sale made by Dafeng 
Shunli was not bona fide because of, (1) the inconsistencies in the 
import documentation; (2) the circumstances surrounding payment for the 
single POR sale; (3) the aberrantly low quantity of the single sale, in 
comparison with other shipments from China; (4) the inconsistencies and 
irregularities regarding the information provided regarding Dafeng 
Shunli's importer as compared to information obtained by the 
Department; (5) information gaps regarding the actual capital investors 
in Dafeng Shunli; and (6) an unreported relationship between Dafeng 
Shunli and Yancheng Yaou Seafood Co., Ltd. As discussed in detail in 
the Department's SB Rescission Memo, the Department has determined that 
the new shipper sale made by Shanghai Blessing was not bona fide 
because, (1) the circumstances obscuring the identity of the producer 
of the subject merchandise; (2) the circumstances surrounding Shanghai 
Blessing's knowledge of the ultimate customer; (3) the atypical 
quantity of the single sale in comparison with other shipments during 
the POR and Shanghai Blessing's post-POR shipments; (4) the decreases 
in the entered value and sales price for post-POR shipments; (5) the 
inconsistencies and irregularities regarding the affiliations of the 
majority owner of Shanghai Blessing's producer; and (6) the incomplete 
and inaccurate responses in the information provided to the Department. 
Since the Department is rescinding the new shipper reviews, we are not 
making a determination as to whether Dafeng Shunli and Shanghai 
Blessing qualify for separate rates. Therefore, Shanghai Blessing and 
Dafeng Shunli will remain part of the PRC-wide entity.

Notification

    The Department will notify the U.S. Customs and Border Protection 
that bonding is no longer permitted to fulfill security requirements 
for shipments by Shanghai Blessing and Dafeng Shunli of freshwater 
crawfish tail meat from the PRC entered, or withdrawn from warehouse, 
for consumption in the United States on or after the publication of 
this rescission notice in the Federal Register, and that a cash deposit 
of 223.01 percent ad valorem should be collected for any entries 
exported by Shanghai Blessing and Dafeng Shunli.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act.

    Dated: August 23, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-4768 Filed 8-30-05; 8:45 am]
BILLING CODE 3510-DS-S