Certain Frozen Warmwater Shrimp From the People's Republic of China: Initiation of New Shipper Review, 58679-58680 [05-20286]

Download as PDF Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices Final Results of Antidumping Duty Administrative Review and New Shipper Reviews, and Final Partial Rescission of Administrative Review, 66 FR 20634 (April 24, 2001). We obtained quotes for each month of the POR, from the PRC to Long Beach, and took a simple average. See Factor Valuation Memo, Attachment 12. Currency Conversions We made currency conversions using exchange rates obtained from the Web site of Import Administration at https:// ia.ita.doc.gov/exchange/. telephone number; (2) the number of participants; and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in case briefs and rebuttal briefs. The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any such written briefs or at the hearing, if held, no later than 120 days after the date of publication of this notice. Assessment of Antidumping Duties The Department will determine, and Preliminary Results of the Review CBP shall assess, antidumping duties on all appropriate entries. The Department The Department preliminarily finds will issue appropriate assessment that the following margins exist for the following exporters under review during instructions directly to CBP within 15 days of publication of the final results the period September 1, 2003, through of this review. For assessment purposes August 31, 2004: for companies with a calculated rate, where possible, the Department FRESHWATER CRAWFISH TAIL MEAT calculated importer-specific assessment FROM THE PRC rates for freshwater crawfish tail meat from the PRC on a per-unit basis. WeightedSpecifically, the Department divided the average Manufacturer/exporter margin total dumping margins (calculated as (percent) the difference between normal value and export price) for each importer by China Kingdom International .... 223.01 the total quantity of subject Weishan Zhenyu Foodstuff Co., Ltd. ........................................ 223.01 merchandise sold to that importer during the POR to calculate a per-unit Yancheng Hi-King Agriculture Developing Co., Ltd. ............. 32.53 assessment amount. The Department PRC-wide Rate (including will direct CBP to assess importerYancheng Yaou Seafood specific assessment rates based on the Co., Ltd.) ............................... 223.01 resulting per-unit (i.e., per-kilogram) rates by the weight in kilograms of each The Department will disclose the entry of the subject merchandise during calculations used in our analysis to the POR. parties to this proceeding within five Cash Deposits days of the date of publication of this notice. Case briefs from interested The following cash-deposit parties may be submitted not later than requirements will be effective upon October 31, 2005, pursuant to 19 CFR publication of the final results for 351.309(c). Rebuttal briefs, limited to shipments of the subject merchandise issues raised in the case briefs, will be entered, or withdrawn from warehouse, due not later than November 7, 2005, for consumption on or after the pursuant to 19 CFR 351.309(d). Parties publication date of the final results, as who submit case briefs or rebuttal briefs provided by section 751(a)(2)(C) of the in this proceeding are requested to Act: (1) For subject merchandise submit with each argument (1) a exported by China Kingdom and statement of the issue and (2) a brief Weishan Zhenyu, the cash-deposit rate summary of the argument. Parties are will be equal to 223.01 percent; (2) for also encouraged to provide a summary subject merchandise exported by of the arguments not to exceed five Yancheng Hi-King, we will establish a pages and a table of statutes, regulations per-kilogram cash deposit rate which and cases cited. Any interested party will be equivalent to the companymay request a hearing within 30 days of specific cash deposit established in this publication of this notice. review; (3) the cash-deposit rate for PRC Interested parties who wish to request exporters who received a separate rate a hearing or to participate if one is in a prior segment of the proceeding requested, must submit a written will continue to be the rate assigned in request to the Assistant Secretary for that segment of the proceeding; (4) for Import Administration, Room B–099, all other PRC exporters of subject within 30 days of the date of publication merchandise which have not been of this notice. Requests should include found to be entitled to a separate rate (1) The party’s name, address, and (including Yancheng Yaou), the cash- VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 58679 deposit rate will be the PRC-wide rate of 223.01 percent; (5) for all non-PRC exporters of subject merchandise, the cash-deposit rate will be the rate applicable to the PRC exporter that supplied that exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a preliminary 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 administrative review and notice is in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: September 30, 2005. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. [FR Doc. 05–20287 Filed 10–6–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Initiation of New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATES: October 7, 2005. SUMMARY: The Department of Commerce (the ‘‘Department’’) has determined that a request for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’), received before August 31, 2005,1 meets AGENCY: 1 The Order for certain frozen warmwater shrimp from the PRC was published on February 1, 2005. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People’s Republic of China, 70 FR 05149 (February 1, 2005) (‘‘PRC Shrimp Order’’). Therefore, a request for a new shipper review based on the semi-annual anniversary month, August, was due to the Department by the final day of August 2005. See 19 CFR 351.214(d)(1). E:\FR\FM\07OCN1.SGM 07OCN1 58680 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) of this new shipper review is July 16, 2004, through July 31, 2005. FOR FURTHER INFORMATION CONTACT: Paul Walker at (202) 482–0413, 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 notice announcing the antidumping duty order on certain frozen warmwater shrimp from the PRC was published on February 1, 2005. See PRC Shrimp Order. On August 26, 2005, we received a new shipper review request from Zhanjiang Regal Integrated Marine resources Co., Ltd. (‘‘Regal’’). On September 16, 2005, we requested that Regal correct certain filing deficiencies. See the Department’s letter dated September 16, 2005. On September 20, 2005, Regal resubmitted their new shipper request. Regal certified that they are both the producer and 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 Tariff act of 1930 (‘‘the Act’’) and 19 CFR 351.214(b)(2)(i), Regal certified that it did not export frozen warmwater shrimp to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Regal certified that, since the initiation of the investigation, it has never been affiliated with any exporter or producer who exported frozen warmwater shrimp 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), Regal also certified that their export activities were not controlled by the central government of the PRC. In addition to the certifications described above, Regal submitted documentation establishing the following: (1) The date on which they first shipped frozen warmwater shrimp for export to the United States and the date on which the frozen warmwater shrimp was first entered, or withdrawn from warehouse, for consumption; (2) the volume of their first shipment,2 and (3) the date of their first sale to an unaffiliated customer in the United States. The Department conducted customs database queries to confirm the Regal’s shipment of subject merchandise had entered the United States for consumption and had been suspended for antidumping duties. DEPARTMENT OF COMMERCE Initiation of New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 22, 2005, the Department of Commerce published a notice of initiation of an administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from Brazil for the period March 1, 2004, through February 28, 2005. The Department intends to rescind this review after determining that one of the parties subject to this review did not have entries during the period of review (POR) upon which to assess antidumping duties, and that the other party had no entries in addition to those that are already being examined in an ongoing new shipper review. EFFECTIVE DATE: October 7, 2005. FOR FURTHER INFORMATION CONTACT: Helen Kramer or Kristin Najdi at (202) 482–0405 or (202) 482–8221, respectively; AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: On March 1, 2005, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on certain hotrolled carbon steel flat products from Brazil for the period March 1, 2004, through February 28, 2005. See Notice of Opportunity to Request Administrative Review of Antidumping Duty Order, Finding or Suspended Investigation, 70 FR 9918 (March 1, 2005). On March 31, 2005, United States Steel Corporation (USSC) and Nucor Corporation (Nucor), domestic producers of the subject merchandise, made timely requests that the Department conduct an administrative review of Companhia Siderurgica Nacional (CSN) and Companhia Siderurgica de Tubarao (CST). On April 22, 2005, in accordance with section 751(a) of the Tariff Act of 1930 as amended (the Act), the Department published in the Federal Register a notice of initiation of this antidumping duty administrative review. See Notice of Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews, 70 FR 20862 (April 22, 2005). Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we find that the requested submitted by Regal meets the threshold requirements for initiation of a new shipper review for shipments of frozen warmwater shrimp from the PRC produced and exported by Regal. The POR is July 16, 2004, through July 21, 2005, See 19 CFR 351.214(g)(1)(i)(B). We intend to issue 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. Because Regal has certified that they produced and exported the frozen warmwater shrimp on which they based their request for a new shipper review, we will instruct U.S.Customs and Border Protection to allow, at the option of the importer, the posting of a bond or security in lieu of cash deposit from each entry of frozen warmwater shrimp that was both produced and exported by Regal until the completion of a new shipper review, pursuant to section 751(a)(2)(B)(iii) of the Act. Interested parties that need 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. This initiation and notice are in accordance with section 751(A)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: September 30, 2005. Barbara E. Tillman, Acting Assistance Secretary for Import Administration. [FR Doc. 05–20286 Filed 10–6–05; 8:45 am] BILLING CODE 3510–05–M 2 Regal made no subsequent shipments to the United States, which the Department confirmed with U.S. Customs and Border Protection. VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 International Trade Administration [A–351–828] Certain Hot-Rolled Carbon Steel Flat Products From Brazil: Notice of Intent To Rescind Administrative Review AGENCY: E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58679-58680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Initiation of New Shipper Review

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

EFFECTIVE DATES: October 7, 2005.

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on certain frozen warmwater shrimp from the People's Republic of China 
(``PRC''), received before August 31, 2005,\1\ meets

[[Page 58680]]

the statutory and regulatory requirements for initiation. The period of 
review (``POR'') of this new shipper review is July 16, 2004, through 
July 31, 2005.
---------------------------------------------------------------------------

    \1\ The Order for certain frozen warmwater shrimp from the PRC 
was published on February 1, 2005. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Frozen Warmwater Shrimp From the People's Republic of 
China, 70 FR 05149 (February 1, 2005) (``PRC Shrimp Order''). 
Therefore, a request for a new shipper review based on the semi-
annual anniversary month, August, was due to the Department by the 
final day of August 2005. See 19 CFR 351.214(d)(1).

FOR FURTHER INFORMATION CONTACT: Paul Walker at (202) 482-0413, 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 notice announcing the antidumping duty order on certain frozen 
warmwater shrimp from the PRC was published on February 1, 2005. See 
PRC Shrimp Order. On August 26, 2005, we received a new shipper review 
request from Zhanjiang Regal Integrated Marine resources Co., Ltd. 
(``Regal''). On September 16, 2005, we requested that Regal correct 
certain filing deficiencies. See the Department's letter dated 
September 16, 2005. On September 20, 2005, Regal resubmitted their new 
shipper request. Regal certified that they are both the producer and 
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 Tariff act of 1930 
(``the Act'') and 19 CFR 351.214(b)(2)(i), Regal certified that it did 
not export frozen warmwater shrimp to the United States during the 
period of investigation (``POI''). In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Regal 
certified that, since the initiation of the investigation, it has never 
been affiliated with any exporter or producer who exported frozen 
warmwater shrimp 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), Regal also certified that their export 
activities were not controlled by the central government of the PRC.
    In addition to the certifications described above, Regal submitted 
documentation establishing the following: (1) The date on which they 
first shipped frozen warmwater shrimp for export to the United States 
and the date on which the frozen warmwater shrimp was first entered, or 
withdrawn from warehouse, for consumption; (2) the volume of their 
first shipment,\2\ and (3) the date of their first sale to an 
unaffiliated customer in the United States.
---------------------------------------------------------------------------

    \2\ Regal made no subsequent shipments to the United States, 
which the Department confirmed with U.S. Customs and Border 
Protection.
---------------------------------------------------------------------------

    The Department conducted customs database queries to confirm the 
Regal's shipment of subject merchandise had entered the United States 
for consumption and had been suspended for antidumping duties.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we find that the requested submitted by Regal meets the 
threshold requirements for initiation of a new shipper review for 
shipments of frozen warmwater shrimp from the PRC produced and exported 
by Regal.
    The POR is July 16, 2004, through July 21, 2005, See 19 CFR 
351.214(g)(1)(i)(B). We intend to issue 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.
    Because Regal has certified that they produced and exported the 
frozen warmwater shrimp on which they based their request for a new 
shipper review, we will instruct U.S.Customs and Border Protection to 
allow, at the option of the importer, the posting of a bond or security 
in lieu of cash deposit from each entry of frozen warmwater shrimp that 
was both produced and exported by Regal until the completion of a new 
shipper review, pursuant to section 751(a)(2)(B)(iii) of the Act.
    Interested parties that need 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.
    This initiation and notice are in accordance with section 
751(A)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: September 30, 2005.
Barbara E. Tillman,
Acting Assistance Secretary for Import Administration.
[FR Doc. 05-20286 Filed 10-6-05; 8:45 am]
BILLING CODE 3510-05-M
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