Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 26453-26454 [E6-6880]

Download as PDF Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices cchase on PROD1PC60 with NOTICES Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (the Department) published antidumping duty orders on ball bearings, cylindrical roller bearings, and spherical plain bearings and parts thereof from Japan on May 15, 1989. See Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, and Spherical Plain Bearings, and Parts Thereof from Japan, 54 FR 20904 (May 15, 1989). The orders on cylindrical roller bearings and spherical plain bearings and parts thereof from Japan were revoked, effective January 1, 2000. See Revocation of Antidumping Duty Orders on Certain Bearings From Hungary, Japan, Romania, Sweden, France, Germany, Italy, and the United Kingdom, 65 FR 42667 (July 11, 2000). Koyo Seiko Company, Ltd., and Koyo Corporation of U.S.A. (collectively Koyo) have participated in numerous administrative reviews of the order on ball bearings and parts thereof from Japan. On February 3, 2006, Koyo informed the Department that Koyo Seiko Company, Ltd. (Koyo Seiko), had changed its name to JTEKT Corporation (JTEKT) and petitioned the Department to conduct a changed–circumstances review to confirm that JTEKT is the successor–in-interest to Koyo Seiko for purposes of determining antidumping– duty liabilities subject to this order.1 Koyo also requested that the Department conduct a changed–circumstances review on an expedited basis, pursuant to 19 CFR 351.221(c)(3)(ii). In support of its requests, Koyo submitted a press release announcing the start of JTEKT due to the merger of Koyo Seiko and another company on January 1, 2006, the certification of JTEKT’s history that is recorded in the registration book maintained by the local government authority, and sales and marketing documentation disseminated to Koyo Seiko’s customers by JTEKT. Upon review of the information submitted by Koyo, the Department determined that an expedited review was practicable and, on March 23, 2006, issued a combined notice of initiation and preliminary results. See Ball Bearings and Parts Thereof from Japan: Initiation and Preliminary Results of Changed–Circumstances Review, 71 FR 14679 (March 23, 2006) (Preliminary Results). In its Preliminary Results, the 1 Koyo clarified in its February 3, 2006, submission that the name of Koyo Corporation of U.S.A. will remain unchanged at this time. VerDate Aug<31>2005 18:48 May 04, 2006 Jkt 208001 Department provided all interested parties with an opportunity to comment or request a public hearing regarding the Department’s finding that JTEKT is the successor–in-interest to Koyo Seiko. We did not receive any comments or any requests for a public hearing. Scope of the Order For a listing of scope determinations which pertain to the order on ball bearings and parts thereof, see the Scope Determination Memorandum from the Antifriction Bearings Team to Laurie Parkhill, dated March 2, 2006. This memorandum is on file in the Central Records Unit (CRU), main Commerce building, Room B–099, in the General Issues record (A–100–001) for the 2004/ 2005 administrative reviews of the orders on ball bearings and parts thereof from various countries, including Japan. Final Results of Changed– Circumstances Review For the reasons stated in the Preliminary Results and because we received no comments to the contrary, we continue to find that JTEKT is the successor–in-interest to Koyo Seiko. Consequently, we will instruct U.S. Customs and Border Protection (CBP) to apply the cash–deposit rate in effect for Koyo Seiko to all entries of the subject merchandise from JTEKT that were entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this changed–circumstances review. See Granular Polytetrafluoroethylene Resin from Italy: Final Results of Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 2003). This determination and this notice are in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216. Dated: April 27, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–6878 Filed 5–4–06; 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: Initiation of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 26453 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 Nanjing Merry Trading Co., Ltd. (Nanjing Merry), Leping Lotai Foods Co., Ltd. (Leping Lotai), and Weishan Hongrun Aquatic Food Co., Ltd. (Weishan Hongrun). EFFECTIVE DATE: May 5, 2006. FOR FURTHER INFORMATION CONTACT: Erin C. Begnal or Scot T. Fullerton, 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) 482–1442 or (202) 482– 1386, respectively. SUPPLEMENTARY INFORMATION: Background The Department received timely requests from Nanjing Merry and Leping Lotai on March 27, 2006, and from Weishan Hongrun on March 31, 2006, 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.1 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), 19 CFR 351.214(b)(2)(ii)(A), and 19 CFR 351.214(b)(2)(iii)(A), in their requests for review, Nanjing Merry, Leping Lotai, and Weishan Hongrun 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. Furthermore, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and 19 CFR 351.214(b)(2)(iii)(A), Anhui Hengda Foodstuffs Co. Ltd. (‘‘Anhui Hengda’’), Nanjing Merry’s producer, certified that it did not export the subject merchandise to the United States during the POI and that since the initiation of 1 Dafeng Shengxiang Aquatic Foods Company Ltd. requested a new shipper review on March 31, 2006. However, on April 11, 2006, Dafeng Shengxiang Aquatic Foods Company Ltd. withdrew its request. E:\FR\FM\05MYN1.SGM 05MYN1 26454 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices cchase on PROD1PC60 with NOTICES the investigation it has never been affiliated with any company which exported subject merchandise to the United States during the POI.2 Additionally, pursuant to 19 CFR 351.214(b)(2)(iii)(B), Nanjing Merry, Leping Lotai, and Weishan Hongrun 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), Nanjing Merry, Leping Lotai, and Weishan Hongrun each 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 (3) the date of its first sale to an unaffiliated customer in the United States. 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 Nanjing Merry, Leping Lotai, and Weishan Hongrun. See Memoranda to the File through James C. Doyle, New Shipper Initiation Checklists, dated April 28, 2006. 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)(B), the period of review (‘‘POR’’) for a new shipper review, initiated in the month immediately following the semiannual anniversary month, will be the six-month period immediately preceding the semiannual anniversary month. Therefore, the POR for the new shipper reviews of Nanjing Merry, Leping Lotai, and Weishan Hongrun will be September 1, 2005, through February 28, 2006. 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 de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Nanjing Merry, Leping Lotai, and Weishan Hongrun, including a separate rates section. The 2 Anhui Hengda amended its certification in order to comply with the Department’s regulations on April 24, 2006. VerDate Aug<31>2005 18:48 May 04, 2006 Jkt 208001 reviews will proceed if the responses provide sufficient indication that Nanjing Merry, Leping Lotai, and Weishan Hongrun 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)(iii) and its new shipper review will be rescinded. See, e.g., 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); see also 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 U.S. Customs and Border Protection 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 Nanjing Merry, Leping Lotai, and Weishan Hongrun. We will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to entries from the producer/exporter combination for which these companies have requested a new shipper review, i.e., Nanjing Merry/Anhui Hengda, Leping Lotai/Leping Lotai, and Weishan Hongrun/Weishan Hongrun. 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 issued and published in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)), 19 CFR 351.214(d) and 19 CFR 351.221(b)(1). Dated: April 28, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–6880 Filed 5–4–06; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp from the People’s Republic of China: Notice of Postponement of Time Limits for New Shipper Antidumping Duty Reviews in Conjunction with Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 14, 2006, in accordance with 19 C.F.R. 351.214(j)(3), Hai Li Aquatic Co., Ltd. Zhao An, Fujian (‘‘Hai Li’’) agreed to waive the time limits in section 351.214(i) of the Department of Commerce’s (‘‘the Department’’) regulations so that the Department may conduct the new shipper review of certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’), for the period July 16, 2004, through January 31, 2006, concurrently with the administrative review for the same period. Therefore, pursuant to Hai Li’s request, and in accordance with the Department’s regulations, we will conduct the administrative and new shipper review concurrently. EFFECTIVE DATE: May 5, 2006. FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Michael Quigley, AD/CVD Operations, 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) 482–4047, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2006, the Ad Hoc Shrimp Trade Action Committee (‘‘Petitioners’’), requested an administrative review of several companies.1 On April 7, 2006, the Department published in the Federal Register a notice announcing the initiation of the 2004–2006 administrative review of the antidumping duty order on frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’) and from the Socialist Republic of Vietnam (‘‘Vietnam’’). See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 71 FR 17813 (April 7, 2006). The Department received a request from Hai Li, on April 1 The Department also received several administrative review requests from certain PRC exporters, as well. E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Notices]
[Pages 26453-26454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6880]


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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 Nanjing Merry Trading Co., Ltd. (Nanjing Merry), 
Leping Lotai Foods Co., Ltd. (Leping Lotai), and Weishan Hongrun 
Aquatic Food Co., Ltd. (Weishan Hongrun).

EFFECTIVE DATE: May 5, 2006.

FOR FURTHER INFORMATION CONTACT: Erin C. Begnal or Scot T. Fullerton, 
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-
1442 or (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Nanjing Merry and 
Leping Lotai on March 27, 2006, and from Weishan Hongrun on March 31, 
2006, 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.\1\ 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).
---------------------------------------------------------------------------

    \1\ Dafeng Shengxiang Aquatic Foods Company Ltd. requested a new 
shipper review on March 31, 2006. However, on April 11, 2006, Dafeng 
Shengxiang Aquatic Foods Company Ltd. withdrew its request.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii)(A), 
and 19 CFR 351.214(b)(2)(iii)(A), in their requests for review, Nanjing 
Merry, Leping Lotai, and Weishan Hongrun 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. 
Furthermore, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and 19 CFR 
351.214(b)(2)(iii)(A), Anhui Hengda Foodstuffs Co. Ltd. (``Anhui 
Hengda''), Nanjing Merry's producer, certified that it did not export 
the subject merchandise to the United States during the POI and that 
since the initiation of

[[Page 26454]]

the investigation it has never been affiliated with any company which 
exported subject merchandise to the United States during the POI.\2\ 
Additionally, pursuant to 19 CFR 351.214(b)(2)(iii)(B), Nanjing Merry, 
Leping Lotai, and Weishan Hongrun further certified that their export 
activities are not controlled by the central government of the PRC.
---------------------------------------------------------------------------

    \2\ Anhui Hengda amended its certification in order to comply 
with the Department's regulations on April 24, 2006.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.214(b)(2)(iv), Nanjing Merry, Leping 
Lotai, and Weishan Hongrun each 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 (3) the date of 
its first sale to an unaffiliated customer in the United States.

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 Nanjing Merry, Leping Lotai, and 
Weishan Hongrun. See Memoranda to the File through James C. Doyle, New 
Shipper Initiation Checklists, dated April 28, 2006. 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)(B), the period of review 
(``POR'') for a new shipper review, initiated in the month immediately 
following the semiannual anniversary month, will be the six-month 
period immediately preceding the semiannual anniversary month. 
Therefore, the POR for the new shipper reviews of Nanjing Merry, Leping 
Lotai, and Weishan Hongrun will be September 1, 2005, through February 
28, 2006.
    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 de jure and de facto absence of government control 
over the company's export activities. Accordingly, we will issue 
questionnaires to Nanjing Merry, Leping Lotai, and Weishan Hongrun, 
including a separate rates section. The reviews will proceed if the 
responses provide sufficient indication that Nanjing Merry, Leping 
Lotai, and Weishan Hongrun 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)(iii) and its new shipper review will be rescinded. See, 
e.g., 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); see also 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 U.S. Customs and Border Protection 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 
Nanjing Merry, Leping Lotai, and Weishan Hongrun. We will apply the 
bonding option under 19 CFR 351.107(b)(1)(i) only to entries from the 
producer/exporter combination for which these companies have requested 
a new shipper review, i.e., Nanjing Merry/Anhui Hengda, Leping Lotai/
Leping Lotai, and Weishan Hongrun/Weishan Hongrun.
    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 issued and published in accordance 
with section 751(a) of the Act (19 U.S.C. 1675(a)), 19 CFR 351.214(d) 
and 19 CFR 351.221(b)(1).

    Dated: April 28, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-6880 Filed 5-4-06; 8:45 am]
BILLING CODE 3510-DS-S