Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 67138-67139 [E5-6128]

Download as PDF 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. [FR Doc. E5–6127 Filed 11–3–05; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 22:35 Nov 03, 2005 Jkt 208001 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] BILLING CODE 3510–DS–S VerDate Aug<31>2005 22:35 Nov 03, 2005 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 Frm 00005 Fmt 4703 Sfmt 4703 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]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-848)


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Initiation of 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.

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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