Notice of Rescission of Antidumping Duty New Shipper Reviews: Freshwater Crawfish Tail Meat from the People's Republic of China, 37902-37904 [E6-10375]

Download as PDF 37902 Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Notices Pursuant 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 Initiation. 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. Dated: June 28, 2006. Thomas F. Futtner, Acting Office Director,AD/CVD Operations, Office 4, Import Administration. [FR Doc. E6–10388 Filed 6–30–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Notice of Rescission of Antidumping Duty New Shipper Reviews: Freshwater Crawfish Tail Meat from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 29, 2005, 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 Department of Commerce (‘‘the Department’’) initiated new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is September 1, 2004, through February 28, 2005. For the reasons discussed below, we are rescinding these new shipper reviews. EFFECTIVE DATE: July 3, 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 sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 17:12 Jun 30, 2006 Jkt 208001 Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–1386 or (202) 482– 1655, respectively. SUPPLEMENTARY INFORMATION: Scope of the 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. Background On March 17, 2005, the Department received properly filed requests for a new shipper review from Shanghai Sunbeauty and Jiangsu JOM. On March 18, 2005, the Department received a properly filed request for a new shipper review from Wentai. On April 29, 2005, the Department published its initiation of these new shipper reviews for the period September 1, 2004, through February 28, 2005. 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 questionnaires 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 questionnaires. 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, 2006. 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 Jiushoutang Organisms Manufacturers Co. Ltd., 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 Seafood Corp., 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 Trading Co. Ltd., 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 E:\FR\FM\03JYN1.SGM 03JYN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Notices Report for Wuwei Xinhua Food Co. Ltd., 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 Inc., 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 Trading Co. Ltd., 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 in Nanzhou Town, Hunan Province, China, from January 16 to January 17, 2006. See Verification Report for Nanxian Shunxiang Aquatic Products Foodstuffs Co. Ltd., dated February 17, 2006. On February 23, 2006, the Department completed its preliminary bona fides analysis for Jiangsu JOM’s, Shanghai Sunbeauty’s, and Wentai’s single sales to the United States and stated the Department’s preliminary intention to rescind the new shipper reviews of all three companies. See 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 Bona Fides 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 (‘‘Shanghai Sunbeauty Bona Fides 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 Bona Fides Memo’’). In concurrence with issuing its preliminary results, the Department provided interested parties with an opportunity to submit comments on the Department’s bona fides analysis memos. Shanghai Sunbeauty provided VerDate Aug<31>2005 17:12 Jun 30, 2006 Jkt 208001 comments on the Department’s Shanghai Sunbeauty Bona Fides Memo on April 7, 2006, and Jiangsu JOM provided comments on the Department’s Jiangsu JOM Bona Fides Memo on April 7, 2006. Wentai provided comments on the Department’s Wentai Bona Fides Memo on April 7, 2006, which the Department rejected on April 13, 2006, for containing untimely new factual information. Wentai resubmitted its comments on April 14, 2006. The Crawfish Processors Alliance, the Louisiana Department of Agriculture and Forestry, and Bob Odom, Commissioner, collectively provided rebuttal comments on April 14, 2006. Rescission of Review Concurrent with this notice, we are issuing an issues and decision memorandum detailing our analysis of the comments received regarding our decision to preliminarily rescind the reviews for all three companies based on the non–bona fide nature of their sales. See Memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration to David M. Spooner, Assistant Secretary for Import Administration: Issues and Decision Memorandum for the Final Results in the 2004/2005 Semiannual New Shipper Review of Freshwater Crawfish Tail Meat from the People’s Republic of China dated June 23, 2006 (‘‘Decision Memo’’). In evaluating whether or not a sale is commercially reasonable, and therefore bona fide, the Department has considered, inter alia, such factors as (1) the timing of the sale; (2) the price and quantity; (3) the expenses arising from the transaction; (4) whether the goods were resold at a profit; and (5) whether the transaction was at arms–length. See e.g., Tianjin Tiancheng Pharmaceutical Co., Ltd. v. U.S., 366 F. Supp. 2d 1246, 1249 (CIT 2005) (‘‘TTPC’’), citing Am. Silicon Techs. v. U.S., 110 F. Supp. 2d 992, 995 (CIT 2000). However, the analysis is not limited to these factors alone. The Department examines a number of factors, all of which may speak to the commercial realities surrounding the sale of subject merchandise. While some bona fides issues may share commonalities across various Department cases, each one is company–specific and may vary with the facts surrounding each sale. See Certain Preserved Mushrooms From the People’s Republic of China: Final Results and Partial Rescission of the New Shipper Review and Final Results and Partial Rescission of the Third Antidumping Duty Administrative Review, 68 FR 41304 (July 11, 2003) and PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 37903 accompanying Issues and Decision Memorandum, at 20. The weight given to each factor considered will depend on the circumstances surrounding the sale. See TTPC, 366 F. Supp. 2d at 1263. As discussed in detail in the Decision Memo, the Department has determined that the sale made by Jiangsu JOM was not bona fide because: 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 POR; 2) Jiangsu JOM’s failed to disclose relationships between it and other crawfish tail meat exporters and producers; 3) Jiangsu JOM completely changed its U.S. customer base after the POR sale; as well as 4) other indicia of a non–bona fide transaction. As discussed in detail in the Decision Memo, the Department has determined that the sale made by Shanghai Sunbeauty was not bona fide because: 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 POR; 2) Seawind’s POR purchase and cash deposit was atypical; 3) the source and timeliness of payment from the POR customer was atypical; as well as 4) other indicia of a non–bona fide transaction. As discussed in detail in the Decision Memo, the Department has determined that the sale made by Wentai was not bona fide because: 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 POR; 2) the circumstances surrounding the single POR sale and its negotiation were unusual; 3) the exporter and producer failed to report certain business relationships; as well as 4) the atypical circumstances surrounding the formation of Wentai and Shunxiang. Wentai, Shanghai Sunbeauty, and Jiangsu JOM each only made a single, non–bona fide sale during the POR. Therefore, the Department is rescinding these reviews because there are no reviewable sales during the POR. See TTCP, 366 F. Supp. 2d at1249. Because the Department is rescinding the new shipper reviews, we are not making a determination as to whether Jiangsu JOM, Shanghai Sunbeauty, and Wentai qualify for separate rates. Therefore, Jiangsu JOM, Shanghai Sunbeauty, and Wentai will remain part of the PRC– wide entity. E:\FR\FM\03JYN1.SGM 03JYN1 37904 Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Notices Notification The Department will notify U.S. Customs and Border Protection that bonding is no longer permitted to fulfill security requirements for shipments by Jiangsu JOM, Shanghai Sunbeauty, and Wentai of freshwater crawfish tail meat from the PRC entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register, and that a cash deposit of 223.01 percent ad valorem should be collected for any entries exported by Jiangsu JOM, Shanghai Sunbeauty, and Wentai. 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. We are issuing and publishing this determination and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act. Dated: June 23, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E6–10375 Filed 6–30–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–570–822, A–583–820) Continuation of Antidumping Duty Orders: Certain Helical Spring Lock Washers from the People’s Republic of China and Taiwan Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty orders on certain helical spring lock washers from the People’s Republic of China (‘‘PRC’’) and Taiwan would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, the Department is publishing notice of continuation of these antidumping duty orders. sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 17:12 Jun 30, 2006 Jkt 208001 EFFECTIVE DATE: July 3, 2006. Jim Nunno, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–0783. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On January 3, 2006, the Department initiated and the ITC instituted sunset reviews of the antidumping duty orders on certain helical spring lock washers from the PRC and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). 1 As a result of its reviews, the Department found that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping, and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked.2 On June 20, 2006, the ITC published its determination that, pursuant to section 751(c) of the Act, revocation of the antidumping duty orders on certain helical spring lock washers from the PRC and Taiwan would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 Scope of the Orders The products covered by both antidumping duty orders are certain helical spring lock washers of carbon steel, of carbon alloy steel, or of stainless steel, heat–treated or non–heattreated, plated or non–plated, with ends that are off–line. Certain helical spring lock washers are designed to: (1) function as a spring to compensate for developed looseness between the component parts of a fastened assembly; (2) distribute the load over a larger area for screws or bolts; and (3) provide a hardened bearing surface. The scope does not include internal or external tooth washers, nor does it include spring lock washers made of other metals, such as copper. Certain helical spring lock washers subject to these orders are currently 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 70 FR 91 (January 3, 2006); and Helical Spring Lock Washers From China and Taiwan, Investigations Nos. 731-TA-624 and 625 (Second Review), 71 FR 133 (January 3, 2006). 2 See Certain Helical Spring Lock Washers from the People’s Republic of China and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 71 FR 27227 (May 10, 2006). 3 See Helical Spring Lock Washers From China and Taiwan, Investigation Nos. 701-TA-624 and 625 (Second Review), 71 FR 35449 (June 20, 2006). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 classifiable under subheading 7318.21.0030 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. On September 30, 1997, the Department determined that certain helical spring lock washers which are imported into the United States in an uncut, coil form are within the scope of the orders. See Notice of Scope Rulings, 62 FR 62288 (November 21, 1997). Determination As a result of the determinations by the Department and the ITC that revocation of these antidumping duty orders would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on certain helical spring lock washers from the PRC and Taiwan. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the Federal Register of this Notice of Continuation. Pursuant to sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to initiate the next five-year reviews of these orders not later than June 2011. These five-year (sunset) reviews and this notice are in accordance with section 751(c) of the Act. Dated: June 27, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E6–10382 Filed 6–30–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–570–863) Honey from the People’s Republic of China: Notice of Extension of Time Limit for the Preliminary Results of New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 3, 2006. FOR FURTHER INFORMATION CONTACT: Helen Kramer or Patrick Edwards, AD/ CVD Operations, Office 7, Import AGENCY: E:\FR\FM\03JYN1.SGM 03JYN1

Agencies

[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Notices]
[Pages 37902-37904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10375]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Notice of Rescission of Antidumping Duty New Shipper Reviews: 
Freshwater Crawfish Tail Meat from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 29, 2005, 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 Department of 
Commerce (``the Department'') initiated new shipper reviews of the 
antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (``PRC''). The period of review (``POR'') is 
September 1, 2004, through February 28, 2005. For the reasons discussed 
below, we are rescinding these new shipper reviews.

EFFECTIVE DATE: July 3, 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:

Scope of the 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.

Background

    On March 17, 2005, the Department received properly filed requests 
for a new shipper review from Shanghai Sunbeauty and Jiangsu JOM. On 
March 18, 2005, the Department received a properly filed request for a 
new shipper review from Wentai. On April 29, 2005, the Department 
published its initiation of these new shipper reviews for the period 
September 1, 2004, through February 28, 2005. 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 questionnaires 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 questionnaires. 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, 2006. 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 Jiushoutang Organisms Manufacturers Co. Ltd., 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 Seafood Corp., 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 Trading Co. Ltd., 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

[[Page 37903]]

Report for Wuwei Xinhua Food Co. Ltd., 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 
Inc., 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 Trading Co. Ltd., 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 in Nanzhou Town, Hunan Province, 
China, from January 16 to January 17, 2006. See Verification Report for 
Nanxian Shunxiang Aquatic Products Foodstuffs Co. Ltd., dated February 
17, 2006.
    On February 23, 2006, the Department completed its preliminary bona 
fides analysis for Jiangsu JOM's, Shanghai Sunbeauty's, and Wentai's 
single sales to the United States and stated the Department's 
preliminary intention to rescind the new shipper reviews of all three 
companies. See 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 Bona Fides 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 (``Shanghai Sunbeauty Bona Fides 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 Bona Fides 
Memo'').
    In concurrence with issuing its preliminary results, the Department 
provided interested parties with an opportunity to submit comments on 
the Department's bona fides analysis memos. Shanghai Sunbeauty provided 
comments on the Department's Shanghai Sunbeauty Bona Fides Memo on 
April 7, 2006, and Jiangsu JOM provided comments on the Department's 
Jiangsu JOM Bona Fides Memo on April 7, 2006. Wentai provided comments 
on the Department's Wentai Bona Fides Memo on April 7, 2006, which the 
Department rejected on April 13, 2006, for containing untimely new 
factual information. Wentai resubmitted its comments on April 14, 2006. 
The Crawfish Processors Alliance, the Louisiana Department of 
Agriculture and Forestry, and Bob Odom, Commissioner, collectively 
provided rebuttal comments on April 14, 2006.

Rescission of Review

    Concurrent with this notice, we are issuing an issues and decision 
memorandum detailing our analysis of the comments received regarding 
our decision to preliminarily rescind the reviews for all three 
companies based on the non-bona fide nature of their sales. See 
Memorandum from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration to David M. Spooner, Assistant Secretary for 
Import Administration: Issues and Decision Memorandum for the Final 
Results in the 2004/2005 Semiannual New Shipper Review of Freshwater 
Crawfish Tail Meat from the People's Republic of China dated June 23, 
2006 (``Decision Memo'').
    In evaluating whether or not a sale is commercially reasonable, and 
therefore bona fide, the Department has considered, inter alia, such 
factors as (1) the timing of the sale; (2) the price and quantity; (3) 
the expenses arising from the transaction; (4) whether the goods were 
resold at a profit; and (5) whether the transaction was at arms-length. 
See e.g., Tianjin Tiancheng Pharmaceutical Co., Ltd. v. U.S., 366 F. 
Supp. 2d 1246, 1249 (CIT 2005) (``TTPC''), citing Am. Silicon Techs. v. 
U.S., 110 F. Supp. 2d 992, 995 (CIT 2000). However, the analysis is not 
limited to these factors alone. The Department examines a number of 
factors, all of which may speak to the commercial realities surrounding 
the sale of subject merchandise. While some bona fides issues may share 
commonalities across various Department cases, each one is company-
specific and may vary with the facts surrounding each sale. See Certain 
Preserved Mushrooms From the People's Republic of China: Final Results 
and Partial Rescission of the New Shipper Review and Final Results and 
Partial Rescission of the Third Antidumping Duty Administrative Review, 
68 FR 41304 (July 11, 2003) and accompanying Issues and Decision 
Memorandum, at 20. The weight given to each factor considered will 
depend on the circumstances surrounding the sale. See TTPC, 366 F. 
Supp. 2d at 1263.
    As discussed in detail in the Decision Memo, the Department has 
determined that the sale made by Jiangsu JOM was not bona fide because: 
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 POR; 2) 
Jiangsu JOM's failed to disclose relationships between it and other 
crawfish tail meat exporters and producers; 3) Jiangsu JOM completely 
changed its U.S. customer base after the POR sale; as well as 4) other 
indicia of a non-bona fide transaction.
    As discussed in detail in the Decision Memo, the Department has 
determined that the sale made by Shanghai Sunbeauty was not bona fide 
because: 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 POR;
    2) Seawind's POR purchase and cash deposit was atypical; 3) the 
source and timeliness of payment from the POR customer was atypical; as 
well as 4) other indicia of a non-bona fide transaction.
    As discussed in detail in the Decision Memo, the Department has 
determined that the sale made by Wentai was not bona fide because: 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 POR; 2) the circumstances 
surrounding the single POR sale and its negotiation were unusual; 3) 
the exporter and producer failed to report certain business 
relationships; as well as 4) the atypical circumstances surrounding the 
formation of Wentai and Shunxiang.
    Wentai, Shanghai Sunbeauty, and Jiangsu JOM each only made a 
single, non-bona fide sale during the POR. Therefore, the Department is 
rescinding these reviews because there are no reviewable sales during 
the POR. See TTCP, 366 F. Supp. 2d at1249. Because the Department is 
rescinding the new shipper reviews, we are not making a determination 
as to whether Jiangsu JOM, Shanghai Sunbeauty, and Wentai qualify for 
separate rates. Therefore, Jiangsu JOM, Shanghai Sunbeauty, and Wentai 
will remain part of the PRC-wide entity.

[[Page 37904]]

Notification

    The Department will notify U.S. Customs and Border Protection that 
bonding is no longer permitted to fulfill security requirements for 
shipments by Jiangsu JOM, Shanghai Sunbeauty, and Wentai of freshwater 
crawfish tail meat from the PRC entered, or withdrawn from warehouse, 
for consumption in the United States on or after the publication of 
this rescission notice in the Federal Register, and that a cash deposit 
of 223.01 percent ad valorem should be collected for any entries 
exported by Jiangsu JOM, Shanghai Sunbeauty, and Wentai.
    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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act.

    Dated: June 23, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-10375 Filed 6-30-06; 8:45 am]
BILLING CODE 3510-DS-S