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
<![CDATA[
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]
-----------------------------------------------------------------------
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
