Freshwater Crawfish Tail Meat from the People's Republic of China: Preliminary Notice of Intent to Rescind New Shipper Reviews, 10644-10646 [E6-2967]
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734
would be likely to lead to continuation
or recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for April
2006
and will appear in that month’s Notice
of Initiation of Five-year Sunset
Reviews.
The following Sunset Reviews are
scheduled for initiation in April 2006
Antidumping Duty Proceedings
Department Contact
wwhite on PROD1PC61 with NOTICES
Canned Pineapple Fruit from Thailand (A–549–813) (2nd Review) .......................
Furfuryl Alcohol from the PRC (A–570–835) (2nd Review) ....................................
Furfuryl Alcohol from Thailand (A–549–812) (2nd Review) ....................................
Stainless Steel Angle from Japan (A–588–856) .....................................................
Stainless Steel Angle from South Korea (A–580–846) ...........................................
Stainless Steel Angle from Spain (A–469–810) ......................................................
Countervailing Duty Proceedings.
No countervailing duty proceedings are scheduled for initiation in April 2006..
Suspended Investigations.
No suspended investigations are scheduled for initiation in April 2006..
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting Fiveyear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders, 63 FR 13516 (March 20, 1998)
and 70 FR 62061 (October 28, 2005).
Guidance on methodological or
analytical issues relevant to the
Department’s conduct of Sunset
Reviews is set forth in the Department’s
Policy Bulletin 98.3—Policies Regarding
the Conduct of Five-year (‘‘Sunset’’)
Reviews of Antidumping and
Countervailing Duty Orders; Policy
Bulletin, 63 FR 18871 (April 16, 1998)
(‘‘Sunset Policy Bulletin’’). The Notice
of Initiation of Five-year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
Puruant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initition.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
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David
David
David
David
Dated: February 23, 2006.
Thomas F. Futtner,
Acting Office Director, AD/CVD Operations,
Office 4, for Import Administration.
[FR Doc. 06–1928 Filed 3–1–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat from the
People’s Republic of China:
Preliminary Notice of Intent to Rescind
New Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting new
shipper reviews of the antidumping
duty order on freshwater crawfish tail
meat from the People’s Republic of
China (‘‘PRC’’) in response to requests
from Jiangsu Jiushoutang Organisms–
Manufacturers Co. Ltd. (‘‘Jiangsu JOM’’),
Shanghai Sunbeauty Trading Co., Ltd.
(‘‘Shanghai Sunbeauty’’), and Qingdao
Wentai Trading Co. Ltd. (‘‘Wentai’’).
The period of review (‘‘POR’’) is
September 1, 2004, through February
28, 2005. We have preliminarily
determined that the new shipper
reviews of Jiangsu JOM, Shanghai
Sunbeauty, and Wentai should all be
rescinded because the sales made by
each were not bona fide. Much of the
information upon which we relied to
analyze the bona fides of the sales is
business proprietary; therefore, our full
analysis is set forth in: Memorandum to
James C. Doyle, Director, Office 9, from
Scot T. Fullerton and Prentiss Lee
Smith, Case Analysts, Office 9: Bona
Fides Analysis and Intent to Rescind
AGENCY:
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Zev Primor
Jim Nunno
Goldberger
Goldberger
Goldberger
Goldberger
(202)
(202)
(202)
(202)
(202)
(202)
482–4114
482–0783
482–4136
482–4136
482–4136
482–4136
New Shipper Review of Freshwater
Crawfish Tail Meat from the People’s
Republic of China for Jiangsu
Jiushoutang Organisms–Manufactures
Co., Ltd., dated February 23, 2006
(‘‘Jiangsu JOM Memo’’), Memorandum
to James C. Doyle, Director, Office 9,
from Scot T. Fullerton and Prentiss Lee
Smith, Case Analysts, Office 9: Bona
Fides Analysis and Intent to Rescind
New Shipper Review of Freshwater
Crawfish Tail Meat from the People’s
Republic of China for Shanghai
Sunbeauty Trading Co. Ltd., dated
February 23, 2006 (‘‘Sunbeauty Memo’’),
and Memorandum to James C. Doyle,
Director, Office 9, from Scot T. Fullerton
and Prentiss Lee Smith, Case Analysts,
Office 9: Bona Fides Analysis and Intent
to Rescind New Shipper Review of
Freshwater Crawfish Tail Meat from the
People’s Republic of China for Qingdao
Wentai Trading Co. Ltd., dated February
23, 2006 (‘‘Wentai Memo’’), public
versions of which are on file in the
Central Records Unit, room B–099 of the
main Commerce Building. Interested
parties are invited to comment on this
preliminary rescission determination.
EFFECTIVE DATE: March 2, 2006.
FOR FURTHER INFORMATION CONTACT: Scot
Fullerton or P. Lee Smith, 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 or (202) 482–
1655, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 17, 2005, the Department
received properly filed requests for a
new shipper review, in accordance with
section 751(a)(2)(B) of the Tariff Act of
1930 (‘‘the Act’’) and sections
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices
351.214(b) and (c) of the Department’s
regulations, from Shanghai Sunbeauty
and Jiangsu JOM under the antidumping
duty order on freshwater crawfish tail
meat from the PRC. On March 18, 2005,
the Department received a properly filed
request for a new shipper review, in
accordance with section 751(a)(2)(B) of
the Act and section 351.214(b) and (c)
of the Department’s regulations, from
Wentai under the antidumping duty
order on freshwater crawfish tail meat
from the PRC.
The Department determined that the
requests met the requirements
stipulated in section 351.214 of the
Department’s regulations. On April 29,
2005, the Department published its
initiation of these new shipper reviews
for the period September 1, 2004,
through February 28, 2004. See
Freshwater Crawfish Tail Meat From the
People’s Republic of China: Initiation of
New Shipper Antidumping
Administrative Reviews, 70 FR 23987
(May 6, 2005).
On June 2, 2005, the Department
received Jiangsu JOM, Shanghai
Sunbeauty and Wentai’s section A
questionnaire responses. On June 22,
2005, the Department received Jiangsu
JOM and Shanghai Sunbeauty’s section
C & D questionnaire responses. On June
30, 2005, the Department received
Wentai’s section C & D questionnaire
responses. On July 21, 2005, the
Department issued its first supplemental
questionnaire to Jiangsu JOM and
Shanghai Sunbeauty. On July 25, 2005,
the Department issued its first
supplemental questionnaire to Wentai.
On August 12, 2005, Wentai submitted
its response to the Department’s first
supplemental questionnaire. On August
17, 2005, Jiangsu JOM and Shanghai
Sunbeauty submitted their responses to
the Department’s first supplemental
questionnaire. On August 18, 2005,
Jiangsu JOM submitted a supplement to
their August 17, 2005, submission. On
September 19, 2005, the Department
issued its second supplemental
questionnaire to Jiangsu JOM and
Shanghai Sunbeauty. On September 20,
2005, the Department issued its second
supplemental questionnaire to Wentai.
On October 3, 2005, Jiangsu JOM and
Shanghai Sunbeauty submitted their
responses to the Department’s second
supplemental questionnaire. On October
5, 2005, Wentai submitted its response
to the Department’s second
supplemental questionnaire. On October
21, 2005, the Department rejected
Jiangsu JOM’s response to the
Department’s second supplemental
questionnaire. On October 26, 2005,
Jiangsu JOM resubmitted its response to
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the Department’s second supplemental
questionnaire.
On October 14, 2005, the Department
extended the due date for the
preliminary results of this new shipper
review by 120 days from the original
October 26, 2005, deadline until
February 23, 2005. See Freshwater
Crawfish Tail Meat from the People’s
Republic of China: Notice of Extension
of Time Limit of Preliminary Results of
New Shipper Review, 70 FR 61117
(October 20, 2005).
From October 18 through October 21,
2005, the Department conducted
verification of Jiangsu JOM’s
questionnaire responses at the
company’s facilities in Xinghua City,
Jiangsu, China. See ‘‘Verification Report
for Jiangsu JOM,’’ dated February 17,
2006. From January 23 through January
24, 2006, the Department conducted
verification of Jiangsu JOM’s affiliated
U.S. importer, Easy River Seafood Corp.
(‘‘Easy River’’), in Alhambra, CA. See
‘‘Verification Report for Easy River,’’
dated February 17, 2006.
From October 31 through November
1, 2005, the Department conducted
verification of Shanghai Sunbeauty’s
questionnaire responses at the
company’s sales office in Shanghai,
China. See ‘‘Verification Report for
Shanghai Sunbeauty,’’ dated February
17, 2006. From November 3 through
November 4, 2005, the Department
conducted verification of Shanghai
Sunbeauty’s questionnaire responses
relating to its producer for the POR,
Wuwei Xinhua Food Co. Ltd. (‘‘Wuwei
Xinhua’’), in Wuwei County, Anhui
Province, China. See ‘‘Verification
Report for Wuwei Xinhua,’’ dated
February 21, 2006. From January 26
through January 27, 2006, the
Department conducted verification of
Shanghai Sunbeauty’s affiliated
importer, Seawind Inc. (‘‘Seawind’’), in
Redmond, WA. See ‘‘Verification Report
for Seawind,’’ dated February 17, 2006.
From January 19 through 20, 2006, the
Department conducted verification of
Qingdao Wentai’s questionnaire
responses at the company’s facilities in
Qingdao, Shandong Province, China.
See ‘‘Verification Report for Qingdao
Wentai,’’ dated February 17, 2006. The
Department also conducted verification
at the Qingdao Wentai’s producer,
Nanxian Shunxiang Aquatic Products
Foodstuffs Co., Ltd.’s (‘‘Shunxiang’’)
facilities, from January 16 to January 17,
2006. See ‘‘Verification Report for
Nanxian Shunxiang,’’ dated February
17, 2006.
Scope of the Antidumping Duty Order
The product covered by this order is
freshwater crawfish tail meat, in all its
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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 (HTSUS)
under item numbers 1605.40.10.10 and
1605.40.10.90, which are the new
HTSUS numbers for prepared
foodstuffs, indicating peeled crawfish
tail meat and other, as introduced by the
U.S. Customs Service in 2000, and
HTSUS items 0306.19.00.10 and
0306.29.00, which are reserved for fish
and crustaceans in general. The HTSUS
subheadings are provided for
convenience and Customs purposes
only. The written description of the
scope of this order is dispositive.
Preliminary Intent to Rescind
Concurrent with this notice, we are
issuing our memoranda detailing our
analysis of the bona fides of Jiangsu
JOM, Shanghai Sunbeauty, and Wentai’s
U.S. sales and our preliminary decision
to rescind based on the totality of the
circumstances of the sales. Although
much of the information relied upon by
the Department to analyze the issues is
business proprietary, the Department
based its determination that the new
shipper sale made by Jiangsu JOM was
not bona fide on the following: (1) The
price and quantity for Jiangsu JOM’s
sale of crawfish tail meat were atypical
of its post–POR sales and of other
exports from the PRC of the subject
merchandise into the United States
during the period of review, (2) the
relationship between Jiangsu JOM, and
other crawfish tail meat exporters and
producers, (3) customer of the single
POR sale as compared to subsequent
sales, and (4) other indicia of a nonbona fide transaction. The Department
based its determination that the new
shipper sale made by Shanghai
Sunbeauty was not bona fide on the
following: (1) The price and quantity for
Shanghai Sunbeauty’s sale of crawfish
tail meat were atypical of its post–POR
sales and of other exports from the PRC
of the subject merchandise into the
United States during the period of
review, (2) payment of Seawind’s POR
purchase and cash deposit, (3) source
and timeliness of payment from the POR
customer, and (4) other indicia of a nonbona fide transaction. The Department
based its determination that the new
shipper sale made by Wentai was not
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices
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bona fide on the following: (1) The price
and quantity for Wentai’s sale of
crawfish tail meat were atypical vis-avis other exports from the PRC of the
subject merchandise into the United
States during the period of review, (2)
circumstances surrounding the sale and
negotiation for the single POR sale, (3)
exporter and producer’s unreported
business relationships, and (4)
circumstances surrounding the
formation of Wentai and Shunxiang.
Because the Department has found
these sales to be non-bona fide they are
not subject to review. See Jiangsu JOM
Memo, Sunbeauty Memo, and Wentai
Memo. Wentai, Shanghai Sunbeauty,
and Jiangsu JOM each only made a
single, non-bona fide sale during the
POR. Therefore, the Department intends
to rescind these reviews because there
are no reviewable sales during the POR.
See Tianjin Tiancheng Pharmaceutical
Co., Ltd. v. United States, 366 F. Supp.
2d 1246, 1249 (CIT 2005).
Schedule for Final Results of Review
Unless otherwise notified by the
Department, interested parties may
submit case briefs within 30 days of the
date of publication of this notice in
accordance with § 351.309(c)(ii) of the
Department’s regulations. As part of the
case brief, parties are encouraged to
provide a summary of the arguments not
to exceed five pages and a table of
statutes, regulations, and cases cited.
Rebuttal briefs, which must be limited
to issues raised in the case briefs, must
be filed within five days after the case
brief is filed.
Any interested party may request a
hearing within 30 days of publication of
this notice in accordance with
§ 351.310(c) of the Department’s
regulations. Any hearing would
normally be held 37 days after the
publication of this notice, or the first
workday thereafter, at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230. Individuals who
wish to request a hearing must submit
a written request within 30 days of the
publication of this notice in the Federal
Register to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, Room 1870, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230. Requests for a
public hearing should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and, (3) to the extent practicable, an
identification of the arguments to be
raised at the hearing. If a hearing is
held, an interested party must limit its
presentation only to arguments raised in
its briefs. Parties should confirm by
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telephone the time, date, and place of
the hearing 48 hours before the
scheduled time.
The Department will issue the final
results of this new shipper review,
which will include the results of its
analysis of issues raised in the briefs,
within 90 days from the date of the
preliminary results, unless the time
limit is extended.
Notification
At the completion of this new shipper
review, either with a final rescission or
a notice of final results, the Department
will notify the U.S. Customs and Border
Protection that bonding is no longer
permitted to fulfill security
requirements for shipments by the
exporter/producter combinations
Jiangsu JOM, Shanghai Sunbeauty, and
Wentai of freshwater crawfish tail meat
from the PRC entered, or withdrawn
from warehouse, for consumption on or
after the publication of the final
rescission or results notice in the
Federal Register. If a final rescission
notice is published, a cash deposit of
223.01 percent ad valorem shall be
collected for any entries exported/
produced by Jiangsu JOM, Shanghai
Sunbeauty, and Wentai. Should the
Department reach a final result other
than a rescission, an appropriate
antidumping duty rate will be
calculated for both assessment and cash
deposit purposes.
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.
This new shipper review and this
notice are published in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the
Act.
Dated: February 23, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E6–2967 Filed 3–1–06; 8:45 am]
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International Trade Administration
[A–533–813]
Certain Preserved Mushrooms From
India: Final Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2005, the
Department of Commerce published the
preliminary results of the 2004–2005
administrative review of the
antidumping duty order on certain
preserved mushrooms from India. The
review covers one manufacturer/
exporter, Agro Dutch Industries, Ltd.
(Agro Dutch). The period of review is
February 1, 2004, through January 31,
2005.
Based on our analysis of the
comments received, we have made
changes in the margin calculations for
Agro Dutch in this review. Therefore,
the final results differ from the
preliminary results. The final weightedaverage dumping margin for the
reviewed firm is listed below in the
section entitled ‘‘Final Results of
Review.’’
AGENCY:
EFFECTIVE DATE:
March 2, 2006.
FOR FURTHER INFORMATION CONTACT:
David J. Goldberger or Gemal Brangman,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4136 or (202) 482–
3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
The review covers one manufacturer/
exporter: Agro Dutch. The period of
review is February 1, 2004, through
January 31, 2005.
On November 7, 2005, the Department
of Commerce (‘‘the Department’’)
published the preliminary results of the
administrative review of the
antidumping duty order on certain
preserved mushrooms from India (70 FR
67440) (‘‘Preliminary Results’’). We
invited interested parties to comment on
the preliminary results of review.
Agro Dutch filed its case brief on
December 7, 2005. The petitioner filed
a rebuttal brief on December 14, 2005.1
Neither party requested a hearing. We
1 The petitioner is the Coalition for Fair Preserved
Mushroom Trade which includes the following
domestic companies: L.K. Bowman, Inc., Monterey
Mushrooms, Inc., Mushroom Canning Company,
and Sunny Dell Foods, Inc.
BILLING CODE 3510–DS–S
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]]>Agencies
[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Notices]
[Pages 10644-10646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2967]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat from the People's Republic of
China: Preliminary Notice of Intent to Rescind New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
new shipper reviews of the antidumping duty order on freshwater
crawfish tail meat from the People's Republic of China (``PRC'') in
response to requests from Jiangsu Jiushoutang Organisms-Manufacturers
Co. Ltd. (``Jiangsu JOM''), Shanghai Sunbeauty Trading Co., Ltd.
(``Shanghai Sunbeauty''), and Qingdao Wentai Trading Co. Ltd.
(``Wentai''). The period of review (``POR'') is September 1, 2004,
through February 28, 2005. We have preliminarily determined that the
new shipper reviews of Jiangsu JOM, Shanghai Sunbeauty, and Wentai
should all be rescinded because the sales made by each were not bona
fide. Much of the information upon which we relied to analyze the bona
fides of the sales is business proprietary; therefore, our full
analysis is set forth in: Memorandum to James C. Doyle, Director,
Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts,
Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review
of Freshwater Crawfish Tail Meat from the People's Republic of China
for Jiangsu Jiushoutang Organisms-Manufactures Co., Ltd., dated
February 23, 2006 (``Jiangsu JOM Memo''), Memorandum to James C. Doyle,
Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case
Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New
Shipper Review of Freshwater Crawfish Tail Meat from the People's
Republic of China for Shanghai Sunbeauty Trading Co. Ltd., dated
February 23, 2006 (``Sunbeauty Memo''), and Memorandum to James C.
Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee
Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to
Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the
People's Republic of China for Qingdao Wentai Trading Co. Ltd., dated
February 23, 2006 (``Wentai Memo''), public versions of which are on
file in the Central Records Unit, room B-099 of the main Commerce
Building. Interested parties are invited to comment on this preliminary
rescission determination.
EFFECTIVE DATE: March 2, 2006.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton or P. Lee Smith, 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 or (202) 482-1655, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 17, 2005, the Department received properly filed requests
for a new shipper review, in accordance with section 751(a)(2)(B) of
the Tariff Act of 1930 (``the Act'') and sections
[[Page 10645]]
351.214(b) and (c) of the Department's regulations, from Shanghai
Sunbeauty and Jiangsu JOM under the antidumping duty order on
freshwater crawfish tail meat from the PRC. On March 18, 2005, the
Department received a properly filed request for a new shipper review,
in accordance with section 751(a)(2)(B) of the Act and section
351.214(b) and (c) of the Department's regulations, from Wentai under
the antidumping duty order on freshwater crawfish tail meat from the
PRC.
The Department determined that the requests met the requirements
stipulated in section 351.214 of the Department's regulations. On April
29, 2005, the Department published its initiation of these new shipper
reviews for the period September 1, 2004, through February 28, 2004.
See Freshwater Crawfish Tail Meat From the People's Republic of China:
Initiation of New Shipper Antidumping Administrative Reviews, 70 FR
23987 (May 6, 2005).
On June 2, 2005, the Department received Jiangsu JOM, Shanghai
Sunbeauty and Wentai's section A questionnaire responses. On June 22,
2005, the Department received Jiangsu JOM and Shanghai Sunbeauty's
section C & D questionnaire responses. On June 30, 2005, the Department
received Wentai's section C & D questionnaire responses. On July 21,
2005, the Department issued its first supplemental questionnaire to
Jiangsu JOM and Shanghai Sunbeauty. On July 25, 2005, the Department
issued its first supplemental questionnaire to Wentai. On August 12,
2005, Wentai submitted its response to the Department's first
supplemental questionnaire. On August 17, 2005, Jiangsu JOM and
Shanghai Sunbeauty submitted their responses to the Department's first
supplemental questionnaire. On August 18, 2005, Jiangsu JOM submitted a
supplement to their August 17, 2005, submission. On September 19, 2005,
the Department issued its second supplemental questionnaire to Jiangsu
JOM and Shanghai Sunbeauty. On September 20, 2005, the Department
issued its second supplemental questionnaire to Wentai. On October 3,
2005, Jiangsu JOM and Shanghai Sunbeauty submitted their responses to
the Department's second supplemental questionnaire. On October 5, 2005,
Wentai submitted its response to the Department's second supplemental
questionnaire. On October 21, 2005, the Department rejected Jiangsu
JOM's response to the Department's second supplemental questionnaire.
On October 26, 2005, Jiangsu JOM resubmitted its response to the
Department's second supplemental questionnaire.
On October 14, 2005, the Department extended the due date for the
preliminary results of this new shipper review by 120 days from the
original October 26, 2005, deadline until February 23, 2005. See
Freshwater Crawfish Tail Meat from the People's Republic of China:
Notice of Extension of Time Limit of Preliminary Results of New Shipper
Review, 70 FR 61117 (October 20, 2005).
From October 18 through October 21, 2005, the Department conducted
verification of Jiangsu JOM's questionnaire responses at the company's
facilities in Xinghua City, Jiangsu, China. See ``Verification Report
for Jiangsu JOM,'' dated February 17, 2006. From January 23 through
January 24, 2006, the Department conducted verification of Jiangsu
JOM's affiliated U.S. importer, Easy River Seafood Corp. (``Easy
River''), in Alhambra, CA. See ``Verification Report for Easy River,''
dated February 17, 2006.
From October 31 through November 1, 2005, the Department conducted
verification of Shanghai Sunbeauty's questionnaire responses at the
company's sales office in Shanghai, China. See ``Verification Report
for Shanghai Sunbeauty,'' dated February 17, 2006. From November 3
through November 4, 2005, the Department conducted verification of
Shanghai Sunbeauty's questionnaire responses relating to its producer
for the POR, Wuwei Xinhua Food Co. Ltd. (``Wuwei Xinhua''), in Wuwei
County, Anhui Province, China. See ``Verification Report for Wuwei
Xinhua,'' dated February 21, 2006. From January 26 through January 27,
2006, the Department conducted verification of Shanghai Sunbeauty's
affiliated importer, Seawind Inc. (``Seawind''), in Redmond, WA. See
``Verification Report for Seawind,'' dated February 17, 2006.
From January 19 through 20, 2006, the Department conducted
verification of Qingdao Wentai's questionnaire responses at the
company's facilities in Qingdao, Shandong Province, China. See
``Verification Report for Qingdao Wentai,'' dated February 17, 2006.
The Department also conducted verification at the Qingdao Wentai's
producer, Nanxian Shunxiang Aquatic Products Foodstuffs Co., Ltd.'s
(``Shunxiang'') facilities, from January 16 to January 17, 2006. See
``Verification Report for Nanxian Shunxiang,'' dated February 17, 2006.
Scope of the Antidumping Duty Order
The product covered by this 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 (HTSUS) under item numbers 1605.40.10.10 and
1605.40.10.90, which are the new HTSUS numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and other, as introduced by the
U.S. Customs Service in 2000, and HTSUS items 0306.19.00.10 and
0306.29.00, which are reserved for fish and crustaceans in general. The
HTSUS subheadings are provided for convenience and Customs purposes
only. The written description of the scope of this order is
dispositive.
Preliminary Intent to Rescind
Concurrent with this notice, we are issuing our memoranda detailing
our analysis of the bona fides of Jiangsu JOM, Shanghai Sunbeauty, and
Wentai's U.S. sales and our preliminary decision to rescind based on
the totality of the circumstances of the sales. Although much of the
information relied upon by the Department to analyze the issues is
business proprietary, the Department based its determination that the
new shipper sale made by Jiangsu JOM was not bona fide on the
following: (1) The price and quantity for Jiangsu JOM's sale of
crawfish tail meat were atypical of its post-POR sales and of other
exports from the PRC of the subject merchandise into the United States
during the period of review, (2) the relationship between Jiangsu JOM,
and other crawfish tail meat exporters and producers, (3) customer of
the single POR sale as compared to subsequent sales, and (4) other
indicia of a non-bona fide transaction. The Department based its
determination that the new shipper sale made by Shanghai Sunbeauty was
not bona fide on the following: (1) The price and quantity for Shanghai
Sunbeauty's sale of crawfish tail meat were atypical of its post-POR
sales and of other exports from the PRC of the subject merchandise into
the United States during the period of review, (2) payment of Seawind's
POR purchase and cash deposit, (3) source and timeliness of payment
from the POR customer, and (4) other indicia of a non-bona fide
transaction. The Department based its determination that the new
shipper sale made by Wentai was not
[[Page 10646]]
bona fide on the following: (1) The price and quantity for Wentai's
sale of crawfish tail meat were atypical vis-a-vis other exports from
the PRC of the subject merchandise into the United States during the
period of review, (2) circumstances surrounding the sale and
negotiation for the single POR sale, (3) exporter and producer's
unreported business relationships, and (4) circumstances surrounding
the formation of Wentai and Shunxiang.
Because the Department has found these sales to be non-bona fide
they are not subject to review. See Jiangsu JOM Memo, Sunbeauty Memo,
and Wentai Memo. Wentai, Shanghai Sunbeauty, and Jiangsu JOM each only
made a single, non-bona fide sale during the POR. Therefore, the
Department intends to rescind these reviews because there are no
reviewable sales during the POR. See Tianjin Tiancheng Pharmaceutical
Co., Ltd. v. United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005).
Schedule for Final Results of Review
Unless otherwise notified by the Department, interested parties may
submit case briefs within 30 days of the date of publication of this
notice in accordance with Sec. 351.309(c)(ii) of the Department's
regulations. As part of the case brief, parties are encouraged to
provide a summary of the arguments not to exceed five pages and a table
of statutes, regulations, and cases cited. Rebuttal briefs, which must
be limited to issues raised in the case briefs, must be filed within
five days after the case brief is filed.
Any interested party may request a hearing within 30 days of
publication of this notice in accordance with Sec. 351.310(c) of the
Department's regulations. Any hearing would normally be held 37 days
after the publication of this notice, or the first workday thereafter,
at the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230. Individuals who wish to request a hearing
must submit a written request within 30 days of the publication of this
notice in the Federal Register to the Assistant Secretary for Import
Administration, U.S. Department of Commerce, Room 1870, 14th Street and
Constitution Avenue, NW., Washington, DC 20230. Requests for a public
hearing should contain: (1) The party's name, address, and telephone
number; (2) the number of participants; and, (3) to the extent
practicable, an identification of the arguments to be raised at the
hearing. If a hearing is held, an interested party must limit its
presentation only to arguments raised in its briefs. Parties should
confirm by telephone the time, date, and place of the hearing 48 hours
before the scheduled time.
The Department will issue the final results of this new shipper
review, which will include the results of its analysis of issues raised
in the briefs, within 90 days from the date of the preliminary results,
unless the time limit is extended.
Notification
At the completion of this new shipper review, either with a final
rescission or a notice of final results, the Department will notify the
U.S. Customs and Border Protection that bonding is no longer permitted
to fulfill security requirements for shipments by the exporter/
producter combinations Jiangsu JOM, Shanghai Sunbeauty, and Wentai of
freshwater crawfish tail meat from the PRC entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
rescission or results notice in the Federal Register. If a final
rescission notice is published, a cash deposit of 223.01 percent ad
valorem shall be collected for any entries exported/produced by Jiangsu
JOM, Shanghai Sunbeauty, and Wentai. Should the Department reach a
final result other than a rescission, an appropriate antidumping duty
rate will be calculated for both assessment and cash deposit purposes.
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.
This new shipper review and this notice are published in accordance
with sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: February 23, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-2967 Filed 3-1-06; 8:45 am]
BILLING CODE 3510-DS-S
