Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 67138-67139 [E5-6128]
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67138
Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margin likely
to prevail if the orders were revoked.
Parties can find a complete discussion
of all issues raised in these sunset
reviews and the corresponding
recommendation in this public
memorandum, which is on file in room
B–099 of the main Department building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Internet at https://
ia.ita.doc.gov, under the heading
‘‘November 2005.’’ The paper copy and
electronic version of the Decision
Memorandum are identical in content.
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–848)
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Initiation of Antidumping Duty New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) has received timely
requests to conduct new shipper
reviews of the antidumping duty order
on freshwater crawfish tail meat from
Final Results of Reviews
the People’s Republic of China (‘‘PRC’’).
In accordance with 19 CFR 351.214(d),
We determine that revocation of the
we are initiating reviews for Xuzhou
antidumping duty orders on flanges
Jinjiang Foodstuffs Co., Ltd. (‘‘Xuzhou
from India and Taiwan would likely
Jinjiang’’) and Xiping Opeck Food Co.,
lead to continuation or recurrence of
Ltd. (‘‘Xiping Opeck’’).1
dumping at the following percentage
weighted–average margins:
EFFECTIVE DATE: November 4, 2005.
FOR FURTHER INFORMATION CONTACT:
Manufacturers/ExportWeighted–Average Stephen Berlinguette or Scott Fullerton,
ers/Producers
Margin (Percent)
Office 9, Import Administration,
International Trade Administration,
India.
Mukand, Ltd. .................
210.00 U.S. Department of Commerce, 14th
Sunstar Metals Ltd. ......
210.00 Street and Constitution Avenue, NW,
Bombay Forgings Pvt.
Washington, DC 20230; telephone: (202)
Ltd. ............................
210.00 482–3740 or (202) 482–1386,
Dynaforge Forgings
respectively.
India, Ltd. ..................
Akai Impex Pvt., Ltd. ....
All Others ......................
Taiwan.
Enlin Steel Corporation
Ta Chen Stainless Pipe
Co., Ltd. ....................
Tay Precision Industries
Co., Ltd. ....................
All Others ......................
210.00
18.56
162.14
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
The Department received timely
requests from Xuzhou Jinjiang
48.00 (September 30, 2005) and Xiping Opeck
(September 21, 2005), pursuant to
48.00
section 751(a)(2)(B) of the Tariff Act of
48.00
1930, as amended (‘‘the Act’’), and in
accordance with 19 CFR 351.214(c), for
This notice also serves as the only
new shipper reviews of the antidumping
reminder to parties subject to
duty order on freshwater crawfish tail
administrative protective orders (APO)
meat from the PRC. See Notice of
of their responsibility concerning the
Amendment to Final Determination of
return or destruction of proprietary
Sales at Less than Fair Value and
information disclosed under APO in
Antidumping Duty Order: Freshwater
accordance with 19 C.F.R. § 351.305.
Crawfish Tail Meat from the People’s
Timely notification of the return or
Republic of China, 62 FR 48218
destruction of APO materials or
conversion to judicial protective order is (September 15, 1997).
Pursuant to 19 CFR 351.214(b)(2)(i)
hereby requested. Failure to comply
and 19 CFR 351.214(b)(2)(iii)(A), in
with the regulations and terms of an
their requests for review, Xuzhou
APO is a violation which is subject to
Jinjiang and Xiping Opeck certified that
sanction.
they did not export the subject
We are issuing and publishing these
results and notice in accordance with
1 The Department received a timely request for
sections 751(c), 752, and 777(i)(1) of the administrative review from Xuzhou Jinjiang on an
Act.
September 30, 2005. The Department notes that the
48.00
Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
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periods of review for both this new shipper review
and the above-referenced administrative review are
identical. Because both of these requested reviews
cover the same period of time (i.e., September 1,
2004, through August 31, 2005), the Department
intends to revisit whether both reviews are
statutorily required after the initiation of this new
shipper review.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
merchandise to the United States during
the period of investigation (POI) and
that since the initiation of the
investigation they have never been
affiliated with any company which
exported subject merchandise to the
United States during the POI. Pursuant
to 19 CFR 351.214(b)(2)(iii)(B), Xuzhou
Jinjiang and Xiping Opeck further
certified that their export activities are
not controlled by the central
government of the PRC.
In accordance with 19 CFR
351.214(b)(2)(iv), both Xuzhou Jinjiang
and Xiping Opeck, respectively,
submitted documentation establishing
the following: (1) the date on which it
first shipped subject merchandise for
export to the United States and the date
on which the subject merchandise was
first entered, or withdrawn from
warehouse, for consumption; (2) the
volume of its first shipment, and in the
case of Xuzhou Jinjiang, documentation
of one subsequent shipment; and (3) the
date of its first sale to an unaffiliated
customer in the United States.
In addition, the Department
conducted customs database queries to
confirm that both Xuzhou Jinjiang’s and
Xiping Opeck’s shipments of subject
merchandise had entered the United
States for consumption and had been
suspended for antidumping duties.
Initiation of Reviews
In accordance with section
751(a)(2)(B) of the Act, and 19 CFR
351.214(d)(1), and based on information
on the record, we are initiating new
shipper reviews for Xuzhou Jinjiang and
Xiping Opeck. See Memoranda to the
File through James C. Doyle, New
Shipper Initiation Checklists, dated
October 31, 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)(A), the period of review
(‘‘POR’’) for a new shipper review,
initiated in the month immediately
following the annual anniversary
month, will be the one year period
immediately preceding the annual
anniversary month. Therefore, the POR
for the new shipper reviews of Xuzhou
Jinjiang and Xiping Opeck will be
September 1, 2004, through August 31,
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
E:\FR\FM\04NON1.SGM
04NON1
Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices
de jure and de facto absence of
government control over the company’s
export activities. Accordingly, we will
issue questionnaires to Xuzhou Jinjiang
and Xiping Opeck, including a separate
rates section. The reviews will proceed
if the responses provide sufficient
indication that Xuzhou Jinjiang and
Xiping Opeck 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. An
exporter unable to demonstrate the
company’s eligibility for a separate rate
would hence not meet the requirements
of CFR 351.214(b)(2)(i) and its new
shipper review will be rescinded. See,
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 Xuzhou Jinjiang or
Xiping Opeck. We will apply the
bonding option under 19 CFR
351.107(b)(1)(i) only to entries from
these two exporters for which they are
also the producers.
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).
Dated: October 31, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–6128 Filed 11–3–05; 8:45 am]
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Jkt 208001
DEPARTMENT OF COMMERCE
International Trade Administration
(C–351–604)
Final Results of Expedited Sunset
Review: Brass Sheet and Strip from
Brazil
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April, 1, 2005, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the countervailing duty order
(‘‘CVD’’) on brass sheet and strip from
Brazil pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). On the basis of a notice of intent
to participate and an adequate
substantive response filed on behalf of
the domestic interested parties and
inadequate response from respondent
interested parties (in this case, no
response), the Department determined
to conduct an expedited sunset review
of this CVD order pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B). As a result of this
sunset review, the Department finds that
revocation of the CVD order would be
likely to lead to continuation or
recurrence of a countervailable subsidy
at the level indicated in the ‘‘Final
Results of Review’’ section of this
notice.
AGENCY:
EFFECTIVE DATE:
November 4, 2005.
FOR FURTHER INFORMATION CONTACT:
Tipten Troidl or David Goldberger, AD/
CVD Enforcement, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–1767 or (202) 482–
4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2005, the Department
initiated a sunset review of the CVD
order on brass sheet and strip from
Brazil pursuant to section 751(c) of the
Act. See Notice of Initiation of Five-year
(‘‘Sunset’’) Reviews, 70 FR 16800 (April
1, 2005). The Department received a
notice of intent to participate from the
following domestic interested parties:
Heyco Metals, Inc. (‘‘Heyco’’); Olin
Corporation–Brass Group (‘‘Olin’’);
Outokumpu American Brass
(‘‘Outokumpu’’); PMX Industries, Inc.
(‘‘PMX’’); Revere Copper Products, Inc.
(‘‘Revere’’); Scott Brass (‘‘Scott’’); the
International Association of Machinists
and Aerospace Workers; the United
Auto Workers (Local 2367 and Local
PO 00000
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67139
1024); and the United Steelworkers of
America (AFL/CIO–CLC) (hereinafter,
collectively ‘‘domestic interested
parties’’), within the deadline specified
in 19 CFR 351.218(d)(1)(i). The
domestic interested parties claimed
interested party status under sections
771(9)(C) and (D) of the Act, as domestic
brass mills, rerollers, and unions
engaged in the production of brass sheet
and strip in the United States.
The Department received a complete
substantive response collectively from
the domestic interested parties within
the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). However, the
Department did not receive a
substantive response from any
government or respondent interested
party to this proceeding. As a result,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department conducted an expedited
review of this CVD order.
Scope of the Order
The merchandise subject to this CVD
order is coiled, wound–on-reels
(traverse wound), and cut–to-length
brass sheet and strip (not leaded or
tinned) from Brazil. The subject
merchandise has, regardless of width, a
solid rectangular cross section over
0.0006 inches (0.15 millimeters) through
0.1888 inches (4.8 millimeters) in
finished thickness or gauge. The
chemical composition of the covered
products is defined in the Copper
Development Association (‘‘C.D.A.’’)
200 Series or the Unified Numbering
System (‘‘U.N.S.’’) C2000; this order
does not cover products with chemical
compositions that are defined by
anything other than C.D.A. or U.N.S.
series. The merchandise is currently
classified under Harmonized Tariff
Schedule (‘‘HTS’’) item numbers
7409.21.00 and 7409.29.00. The HTS
item numbers are provided for
convenience and customs purposes. The
written description remains dispositive.
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum (‘‘Decision
Memorandum’’) from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, dated October 28, 2005,
which is hereby adopted by this notice.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendation in
this public memorandum which is on
file in the Central Records Unit room B–
099 of the main Commerce building. In
addition, a complete version of the
E:\FR\FM\04NON1.SGM
04NON1
]]>Agencies
[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67138-67139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6128]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-848)
Freshwater Crawfish Tail Meat From the People's Republic of
China: Initiation of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received
timely requests to conduct new shipper reviews of the antidumping duty
order on freshwater crawfish tail meat from the People's Republic of
China (``PRC''). In accordance with 19 CFR 351.214(d), we are
initiating reviews for Xuzhou Jinjiang Foodstuffs Co., Ltd. (``Xuzhou
Jinjiang'') and Xiping Opeck Food Co., Ltd. (``Xiping Opeck'').\1\
---------------------------------------------------------------------------
\1\ The Department received a timely request for an
administrative review from Xuzhou Jinjiang on September 30, 2005.
The Department notes that the periods of review for both this new
shipper review and the above-referenced administrative review are
identical. Because both of these requested reviews cover the same
period of time (i.e., September 1, 2004, through August 31, 2005),
the Department intends to revisit whether both reviews are
statutorily required after the initiation of this new shipper
review.
---------------------------------------------------------------------------
EFFECTIVE DATE: November 4, 2005.
FOR FURTHER INFORMATION CONTACT: Stephen Berlinguette or Scott
Fullerton, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3740 or (202) 482-1386, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department received timely requests from Xuzhou Jinjiang
(September 30, 2005) and Xiping Opeck (September 21, 2005), pursuant to
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the
Act''), and 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. See Notice of Amendment to Final Determination of Sales
at Less than Fair Value and Antidumping Duty Order: Freshwater Crawfish
Tail Meat from the People's Republic of China, 62 FR 48218 (September
15, 1997).
Pursuant to 19 CFR 351.214(b)(2)(i) and 19 CFR
351.214(b)(2)(iii)(A), in their requests for review, Xuzhou Jinjiang
and Xiping Opeck certified that they did not export the subject
merchandise to the United States during the period of investigation
(POI) and that since the initiation of the investigation they have
never been affiliated with any company which exported subject
merchandise to the United States during the POI. Pursuant to 19 CFR
351.214(b)(2)(iii)(B), Xuzhou Jinjiang and Xiping Opeck further
certified that their export activities are not controlled by the
central government of the PRC.
In accordance with 19 CFR 351.214(b)(2)(iv), both Xuzhou Jinjiang
and Xiping Opeck, respectively, submitted documentation establishing
the following: (1) the date on which it first shipped subject
merchandise for export to the United States and the date on which the
subject merchandise was first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment, and in the case of
Xuzhou Jinjiang, documentation of one subsequent shipment; and (3) the
date of its first sale to an unaffiliated customer in the United
States.
In addition, the Department conducted customs database queries to
confirm that both Xuzhou Jinjiang's and Xiping Opeck's shipments of
subject merchandise had entered the United States for consumption and
had been suspended for antidumping duties.
Initiation of Reviews
In accordance with section 751(a)(2)(B) of the Act, and 19 CFR
351.214(d)(1), and based on information on the record, we are
initiating new shipper reviews for Xuzhou Jinjiang and Xiping Opeck.
See Memoranda to the File through James C. Doyle, New Shipper
Initiation Checklists, dated October 31, 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)(A), the period of review
(``POR'') for a new shipper review, initiated in the month immediately
following the annual anniversary month, will be the one year period
immediately preceding the annual anniversary month. Therefore, the POR
for the new shipper reviews of Xuzhou Jinjiang and Xiping Opeck will be
September 1, 2004, through August 31, 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
[[Page 67139]]
de jure and de facto absence of government control over the company's
export activities. Accordingly, we will issue questionnaires to Xuzhou
Jinjiang and Xiping Opeck, including a separate rates section. The
reviews will proceed if the responses provide sufficient indication
that Xuzhou Jinjiang and Xiping Opeck 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. An exporter unable to demonstrate the
company's eligibility for a separate rate would hence not meet the
requirements of CFR 351.214(b)(2)(i) and its new shipper review will be
rescinded. See, 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 Xuzhou Jinjiang or Xiping Opeck. We
will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to
entries from these two exporters for which they are also the producers.
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).
Dated: October 31, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-6128 Filed 11-3-05; 8:45 am]
BILLING CODE 3510-DS-S
