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