Freshwater Crawfish Tail Meat from the People's Republic of China: Preliminary Notice of Intent to Rescind New Shipper Reviews, 10148-10150 [E7-4068]

Download as PDF 10148 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices instruct CBP to liquidate unreviewed entries at the 162.14 percent all-others rate established in the original less than fair value (LTFV) investigation, if there is no rate for the intermediary involved in the transaction. See the AssessmentPolicy Notice for a full discussion of this clarification. Furthermore, the following deposit requirements will be effective upon completion of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: (1) The cash deposit rate for the reviewed company will be the rate established in the final results of the administrative review (except that no deposit will be required if the rate is zero or de minimis, i.e., less than 0.5 percent); (2) if the exporter is not a firm covered in this review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be that established for the most recent period for the manufacturer of the merchandise; and (3) if neither the exporter nor the manufacturer is a firm covered in this review, any previous reviews, or the LTFV investigation, the cash deposit rate will be 162.14 percent, the ‘‘all others’’ rate established in the LTFV investigation. See Amended Final Determination and Antidumping Duty Order; Certain Forged Stainless Steel Flanges from India, 59 FR 5994 (February 9, 1994) (Amended Final Determination). Notification to Interested Parties sroberts on PROD1PC70 with NOTICES This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 351.221(b)(4). Dated: February 28, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–4072 Filed 3–6–07; 8:45 am] BILLING CODE 3510–DS–P VerDate Aug<31>2005 18:25 Mar 06, 2007 Jkt 211001 DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Freshwater Crawfish Tail Meat from the People’s Republic of China: Preliminary Notice of Intent to Rescind New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (‘‘PRC’’) in response to requests from Nanjing Merry Trading Co., Ltd. (‘‘Nanjing Merry’’), Leping Lotai Foods Co., Ltd. (‘‘Leping Lotai’’), Weishan Hongrun Aquatic Food Co., Ltd. (‘‘Weishan Hongrun’’), and Shanghai Strong International Trading Co., Ltd. (‘‘Shanghai Strong’’). The period of review (‘‘POR’’) is September 1, 2005, through February 28, 2006. Because the sale(s) made by Weishan Hongrun were not bona fide, and neither Leping Lotai, Nanjing Merry, nor Shanghai Strong have demonstrated that they qualify for a separate rate, we have preliminarily determined that each of these new shipper reviews should be rescinded. Interested parties are invited to comment on this preliminary notice of intent to rescind. EFFECTIVE DATE: March 7, 2007. 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: AGENCY: Background 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), the Department received timely requests for new shipper reviews from Shanghai Strong on March 24, 2006, from Nanjing Merry and Leping Lotai on March 27, 2006, and from Weishan Hongrun on March 31, 2006. 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). The Department determined that the requests made by Nanjing Merry, Leping PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Lotai, and Weishan Hongrun met the requirements stated in section 351.214 of the Department’s regulations. On May 5, 2006, the Department published its initiation of these new shipper reviews for the period September 1, 2005, through February 28, 2006. See Freshwater Crawfish Tail Meat From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 71 FR 26453 (May 5, 2006) (‘‘May 5, 2006, Initiation Notice’’). On May 1, 2006, pursuant to 19 CFR 351.302(b), the Department extended the time limit to initiate the new shipper review of Shanghai Strong by 30 days in order to provide the respondent with an opportunity to explain certain information in the entry documentation. On May 31, 2006, the Department determined that Shanghai Strong’s request also met the requirements stated in section 351.214 of the Department’s regulations, and published its initiation of this new shipper review. See Freshwater Crawfish Tail Meat From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 71 FR 30866 (May 31, 2006) (‘‘May 31, 2006, Initiation Notice’’). The Department received section A questionnaire responses from Leping Lotai on June 3, 2006; Weishan Hongrun on June 5, 2006; Nanjing Merry on June 6, 2006; and from Shanghai Strong on June 15, 2006. The Department issued a supplemental section A questionnaire to Leping Lotai on June 16, 2006, and received a response on June 28, 2006. The Department also received section C and D questionnaire responses from Weishan Hongrun on June 22, 2006; from Leping Lotai and Nanjing Merry on June 27, 2006; and from Shanghai Strong on June 30, 2006. On July 7, 2006, the Department issued a supplemental section A questionnaire to Shanghai Strong, and received a response from the company on July 20, 2006. On July 26, 2006, the Department issued a supplemental section A, C, and D questionnaire to Nanjing Merry, and received the company’s response on August 22, 2006. On August 1, 2006, the Department issued a supplemental section C and D questionnaire to Shanghai Strong and Leping Lotai, to which both companies submitted a response on August 10, 2006. Additionally, on August 4, 2006, the Department issued a supplemental section A, C and D questionnaire to Weishan Hongrun, to which both companies submitted responses on September 1, 2006. On September 25, 2006, Nanjing Merry submitted a letter in which it stated it would no longer participate in E:\FR\FM\07MRN1.SGM 07MRN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices the new shipper review and would not permit the verification of the information it had already placed on the record of its new shipper review. On October 2, 2006, Shanghai Strong and Leping Lotai also submitted letters indicating that neither company would permit the verification of the information each placed on the record of its new shipper review. On October 11, 2006, the Department extended the due date for the preliminary results of the Leping Lotai, Nanjing Merry, and Weishan Hongrun new shipper reviews by 90 days from the original October 25, 2006, deadline. In addition, the Department extended the deadline for the preliminary results of the Shanghai Strong new shipper review by 65 days from the original November 19, 2006, deadline. Therefore, the preliminary results for all four of the above–referenced new shipper reviews were extended until January 23, 2007. See Notice of Extension of the Preliminary Results of New Shipper Antidumping Duty Reviews: Freshwater Crawfish Tail Meat from the People’s Republic of China, 71 FR 59738 (October 11, 2006). Moreover, On October 11, 2006, the Department issued a second supplemental questionnaire to Weishan Hongrun, to which the Department received a response on November 1, 2006. On November 3, 2006, the Department issued a third supplemental questionnaire to Weishan Hongrun. On November 22, 2006, the Department rejected Weishan Hongrun’s November 21, 2006, response based on certain filing inadequacies, but provided the company with an opportunity to correct the submission by November 27, 2006. On November 27, 2006, Weishan Hongrun submitted its response to question number 17 of the Department’s November 3, 2006, supplemental questionnaire, and on November 28, 2006, Weishan Hongrun submitted its response to the remaining questions. On November 28, 2006, the Department issued its fourth supplemental questionnaire to Weishan Hongrun requesting, in part, that the company submit information which had been previously requested by the Department. On December 8, 2006, Weishan Hongrun submitted its response to the Department’s November 28, 2006, supplemental questionnaire. On December 15, 2006, the Department further extended the deadline for the preliminary results of the Leping Lotai, Nanjing Merry, Weishan Hongrun and Shanghai Strong new shipper reviews by an additional 30 days from the January 23, 2007, deadline until February 22, 2007. See VerDate Aug<31>2005 18:25 Mar 06, 2007 Jkt 211001 Notice of Extension of the Preliminary Results of New Shipper Antidumping Duty Reviews: Freshwater Crawfish Tail Meat from the People’s Republic of China, 71 FR 75502 (December 15, 2006). Scope of the Antidumping Duty Order The product covered by this order is freshwater crawfish tail meat, in all its forms (whether washed or with fat on, whether purged or unpurged), grades, and sizes; whether frozen, fresh, or chilled; and regardless of how it is packed, preserved, or prepared. Excluded from the scope of the order are live crawfish and other whole crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are saltwater crawfish of any type, and parts thereof. Freshwater crawfish tail meat is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 1605.40.10.10 and 1605.40.10.90, which are the new HTSUS numbers for prepared foodstuffs, indicating peeled crawfish tail meat and other, as introduced by the U.S. Customs Service in 2000, and HTSUS items 0306.19.00.10 and 0306.29.00, which are reserved for fish and crustaceans in general. The HTSUS subheadings are provided for convenience and Customs purposes only. The written description of the scope of this order is dispositive. Preliminary Intent to Rescind Concurrent with this notice, we are issuing our memoranda detailing our analysis of the bona fides of Weishan Hongrun’s U.S. sale and our preliminary decision to rescind based on the totality of the circumstances of the sale. See Memorandum to James C. Doyle, Director, AD/CVD Operations, Office 9, Import Administration, through Christopher D. Riker, Program Manager, AD/CVD Operations, Office 9, from Scot Fullerton, Senior Case Analyst, AD/CVD Operations, Office 9, regarding 2005/ 2006 Antidumping Duty New Shipper Review of the Antidumping Duty Order on Freshwater Crawfish Tail Meat from the People’s Republic of China: Bona Fide Analysis of the Sale(s) Reported by Weishan Hongrun Aquatic Food Co., Ltd. (February 22, 2007) (‘‘Weishan Hongrun Memo’’). Although much of the information relied upon by the Department to analyze the issues is business proprietary, the Department based its determination that the new shipper sale made by Weishan Hongrun was not bona fide on the following: 1) the quantity and price of Hongrun’s single sale; 2) the unreported business relationships/potential affiliations between Hongrun and other crawfish PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 10149 tail meat producers; 3) Hongrun’s failure to establish the source of the initial investment capital used to form Hongrun; and finally, 4) the lack or regular commercial interest in the subject merchandise, and the circumstances surrounding the resale of the single POR sale. Because the Department has found Weishan Hongrun’s sale to be non–bona fide, it is not subject to review. See Weishan Hongrun Memo. Weishan Hongrun only made a single, non–bona fide sale during the POR. Therefore, the Department intends to rescind its new shipper review because there are no reviewable sales during the POR. See e.g., Tianjin Tiancheng Pharmaceutical Co., Ltd. v. United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005). Additionally, as referenced above, Leping Lotai, Nanjing Merry, and Shanghai Strong all submitted letters to the Department indicating they would not permit verification of the information placed on the record of the reviews. By not permitting the Department to verify the accuracy of the information each submitted to the Department, Leping Lotai, Nanjing Merry, and Shanghai Strong each failed to establish that they qualify for a separate rate. See Memorandum to James C. Doyle, Director, AD/CVD Operations, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, through Christopher D. Riker, Program Manager, regarding Freshwater Crawfish Tail Meat from The People’s Republic of China: Intent to Rescind the New Shipper Review of Leping Lotai Foods Co. (February 22, 2007); Memorandum to James C. Doyle, Director, AD/CVD Operations, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, through Christopher D. Riker, Program Manager, regarding Freshwater Crawfish Tail Meat from The People’s Republic of China: Intent to Rescind the New Shipper Review of Nanjing Merry Trading Co., Ltd. (February 22, 2007); Memorandum to James C. Doyle, Director, AD/CVD Operations, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, through Christopher D. Riker, Program Manager, regarding Freshwater Crawfish Tail Meat from The People’s Republic of China: Intent to Rescind the New Shipper Review of Shanghai Strong International Trading Co., Ltd. (February 22, 2007). To establish whether a company operating in a non market economy (‘‘NME’’) is sufficiently independent from the Government to be eligible for a separate rate, the Department analyzes each exporting entity under the test E:\FR\FM\07MRN1.SGM 07MRN1 10150 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices sroberts on PROD1PC70 with NOTICES established in the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), as amplified by the Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994). Under the separate–rates criteria, the Department assigns separate rates in NME cases only if the respondent can demonstrate the absence of both de jure and de facto governmental control over export activities. By failing to allow the Department to verify the accuracy of their submissions, Leping Lotai, Nanjing Merry, and Shanghai Strong, have not demonstrated they are free of government control and are therefore not eligible to receive a separate rate. In the Notices of Initiation, the Department stated that an exporter unable to demonstrate the company’s eligibility for a separate rate does not meet the requirements of 19 CFR 351.214(b)(2)(iii) and its new shipper review will be rescinded. See May 5, 2006, Initiation Notice at 26454; see also May 31, 2006, Initiation Notice at 30866. Therefore, the Department is preliminarily rescinding the new shipper reviews of Leping Lotai, Nanjing Merry, and Shanghai Strong. 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). Schedule for Final Results of Review Unless otherwise notified by the Department, interested parties may submit case briefs within 30 days of the date of publication of this notice in accordance with section 351.309(c)(ii) of the Department’s regulations. As part of the case brief, parties are encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Rebuttal briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the case brief is filed. Any interested party may request a hearing within 30 days of publication of this notice in accordance with section 351.310(c) of the Department’s regulations. Any hearing would normally be held 37 days after the VerDate Aug<31>2005 19:10 Mar 06, 2007 Jkt 211001 publication of this notice, or the first workday thereafter, at the U.S. Department of Commerce, 14th Street and Constitution Avenue N.W., Washington, DC 20230. Individuals who wish to request a hearing must submit a written request within 30 days of the publication of this notice in the Federal Register to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Requests for a public hearing should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and, (3) to the extent practicable, an identification of the arguments to be raised at the hearing. If a hearing is held, an interested party must limit its presentation only to arguments raised in its briefs. Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. The Department will issue the final results of this new shipper review, which will include the results of its analysis of issues raised in the briefs, within 90 days from the date of the preliminary results, unless the time limit is extended. Notification This notice 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. These new shipper reviews and this notice are published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: February 22, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–4068 Filed 3–6–07; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, A–570–863] Honey From Argentina and the People’s Republic of China; Final Results of the Expedited Five-Year (‘‘Sunset’’) Reviews of Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 1, 2006, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on honey from Argentina and the People’s Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties, and no response from respondent interested parties, the Department conducted expedited (120-day) sunset reviews of these antidumping duty orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the levels identified below in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE: March 7, 2007. FOR FURTHER INFORMATION: Deborah Scott, AD/CVD Operations, Office 7 (Argentina), Catherine Bertrand, AD/ CVD Operations, Office 9 (PRC) or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482–3207 or (202) 482– 1391, respectively. AGENCY: SUPPLEMENTARY INFORMATION Background On November 1, 2006, the Department initiated sunset reviews of the antidumping duty orders on honey from Argentina and the PRC pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Reviews, 71 FR 64242 (November 1, 2006). The Department received notices of intent to participate from two domestic interested parties, American Honey Producers Association and Sioux Honey Association (collectively, domestic interested parties), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. Domestic E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Pages 10148-10150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4068]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Preliminary Notice of Intent to Rescind New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
new shipper reviews of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (``PRC'') in 
response to requests from Nanjing Merry Trading Co., Ltd. (``Nanjing 
Merry''), Leping Lotai Foods Co., Ltd. (``Leping Lotai''), Weishan 
Hongrun Aquatic Food Co., Ltd. (``Weishan Hongrun''), and Shanghai 
Strong International Trading Co., Ltd. (``Shanghai Strong''). The 
period of review (``POR'') is September 1, 2005, through February 28, 
2006. Because the sale(s) made by Weishan Hongrun were not bona fide, 
and neither Leping Lotai, Nanjing Merry, nor Shanghai Strong have 
demonstrated that they qualify for a separate rate, we have 
preliminarily determined that each of these new shipper reviews should 
be rescinded. Interested parties are invited to comment on this 
preliminary notice of intent to rescind.

EFFECTIVE DATE:  March 7, 2007.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or P. Lee Smith, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1386 or (202) 482-1655, respectively.

SUPPLEMENTARY INFORMATION:

Background

    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), the 
Department received timely requests for new shipper reviews from 
Shanghai Strong on March 24, 2006, from Nanjing Merry and Leping Lotai 
on March 27, 2006, and from Weishan Hongrun on March 31, 2006. 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).
    The Department determined that the requests made by Nanjing Merry, 
Leping Lotai, and Weishan Hongrun met the requirements stated in 
section 351.214 of the Department's regulations. On May 5, 2006, the 
Department published its initiation of these new shipper reviews for 
the period September 1, 2005, through February 28, 2006. See Freshwater 
Crawfish Tail Meat From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Reviews, 71 FR 26453 (May 5, 2006) (``May 
5, 2006, Initiation Notice''). On May 1, 2006, pursuant to 19 CFR 
351.302(b), the Department extended the time limit to initiate the new 
shipper review of Shanghai Strong by 30 days in order to provide the 
respondent with an opportunity to explain certain information in the 
entry documentation. On May 31, 2006, the Department determined that 
Shanghai Strong's request also met the requirements stated in section 
351.214 of the Department's regulations, and published its initiation 
of this new shipper review. See Freshwater Crawfish Tail Meat From the 
People's Republic of China: Initiation of Antidumping Duty New Shipper 
Review, 71 FR 30866 (May 31, 2006) (``May 31, 2006, Initiation 
Notice'').
    The Department received section A questionnaire responses from 
Leping Lotai on June 3, 2006; Weishan Hongrun on June 5, 2006; Nanjing 
Merry on June 6, 2006; and from Shanghai Strong on June 15, 2006. The 
Department issued a supplemental section A questionnaire to Leping 
Lotai on June 16, 2006, and received a response on June 28, 2006. The 
Department also received section C and D questionnaire responses from 
Weishan Hongrun on June 22, 2006; from Leping Lotai and Nanjing Merry 
on June 27, 2006; and from Shanghai Strong on June 30, 2006.
    On July 7, 2006, the Department issued a supplemental section A 
questionnaire to Shanghai Strong, and received a response from the 
company on July 20, 2006. On July 26, 2006, the Department issued a 
supplemental section A, C, and D questionnaire to Nanjing Merry, and 
received the company's response on August 22, 2006. On August 1, 2006, 
the Department issued a supplemental section C and D questionnaire to 
Shanghai Strong and Leping Lotai, to which both companies submitted a 
response on August 10, 2006. Additionally, on August 4, 2006, the 
Department issued a supplemental section A, C and D questionnaire to 
Weishan Hongrun, to which both companies submitted responses on 
September 1, 2006.
    On September 25, 2006, Nanjing Merry submitted a letter in which it 
stated it would no longer participate in

[[Page 10149]]

the new shipper review and would not permit the verification of the 
information it had already placed on the record of its new shipper 
review. On October 2, 2006, Shanghai Strong and Leping Lotai also 
submitted letters indicating that neither company would permit the 
verification of the information each placed on the record of its new 
shipper review.
    On October 11, 2006, the Department extended the due date for the 
preliminary results of the Leping Lotai, Nanjing Merry, and Weishan 
Hongrun new shipper reviews by 90 days from the original October 25, 
2006, deadline. In addition, the Department extended the deadline for 
the preliminary results of the Shanghai Strong new shipper review by 65 
days from the original November 19, 2006, deadline. Therefore, the 
preliminary results for all four of the above-referenced new shipper 
reviews were extended until January 23, 2007. See Notice of Extension 
of the Preliminary Results of New Shipper Antidumping Duty Reviews: 
Freshwater Crawfish Tail Meat from the People's Republic of China, 71 
FR 59738 (October 11, 2006). Moreover, On October 11, 2006, the 
Department issued a second supplemental questionnaire to Weishan 
Hongrun, to which the Department received a response on November 1, 
2006.
    On November 3, 2006, the Department issued a third supplemental 
questionnaire to Weishan Hongrun. On November 22, 2006, the Department 
rejected Weishan Hongrun's November 21, 2006, response based on certain 
filing inadequacies, but provided the company with an opportunity to 
correct the submission by November 27, 2006. On November 27, 2006, 
Weishan Hongrun submitted its response to question number 17 of the 
Department's November 3, 2006, supplemental questionnaire, and on 
November 28, 2006, Weishan Hongrun submitted its response to the 
remaining questions. On November 28, 2006, the Department issued its 
fourth supplemental questionnaire to Weishan Hongrun requesting, in 
part, that the company submit information which had been previously 
requested by the Department. On December 8, 2006, Weishan Hongrun 
submitted its response to the Department's November 28, 2006, 
supplemental questionnaire.
    On December 15, 2006, the Department further extended the deadline 
for the preliminary results of the Leping Lotai, Nanjing Merry, Weishan 
Hongrun and Shanghai Strong new shipper reviews by an additional 30 
days from the January 23, 2007, deadline until February 22, 2007. See 
Notice of Extension of the Preliminary Results of New Shipper 
Antidumping Duty Reviews: Freshwater Crawfish Tail Meat from the 
People's Republic of China, 71 FR 75502 (December 15, 2006).

Scope of the Antidumping Duty Order

    The product covered by this order is freshwater crawfish tail meat, 
in all its forms (whether washed or with fat on, whether purged or 
unpurged), grades, and sizes; whether frozen, fresh, or chilled; and 
regardless of how it is packed, preserved, or prepared. Excluded from 
the scope of the order are live crawfish and other whole crawfish, 
whether boiled, frozen, fresh, or chilled. Also excluded are saltwater 
crawfish of any type, and parts thereof. Freshwater crawfish tail meat 
is currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) under item numbers 1605.40.10.10 and 
1605.40.10.90, which are the new HTSUS numbers for prepared foodstuffs, 
indicating peeled crawfish tail meat and other, as introduced by the 
U.S. Customs Service in 2000, and HTSUS items 0306.19.00.10 and 
0306.29.00, which are reserved for fish and crustaceans in general. The 
HTSUS subheadings are provided for convenience and Customs purposes 
only. The written description of the scope of this order is 
dispositive.

Preliminary Intent to Rescind

    Concurrent with this notice, we are issuing our memoranda detailing 
our analysis of the bona fides of Weishan Hongrun's U.S. sale and our 
preliminary decision to rescind based on the totality of the 
circumstances of the sale. See Memorandum to James C. Doyle, Director, 
AD/CVD Operations, Office 9, Import Administration, through Christopher 
D. Riker, Program Manager, AD/CVD Operations, Office 9, from Scot 
Fullerton, Senior Case Analyst, AD/CVD Operations, Office 9, regarding 
2005/2006 Antidumping Duty New Shipper Review of the Antidumping Duty 
Order on Freshwater Crawfish Tail Meat from the People's Republic of 
China: Bona Fide Analysis of the Sale(s) Reported by Weishan Hongrun 
Aquatic Food Co., Ltd. (February 22, 2007) (``Weishan Hongrun Memo''). 
Although much of the information relied upon by the Department to 
analyze the issues is business proprietary, the Department based its 
determination that the new shipper sale made by Weishan Hongrun was not 
bona fide on the following: 1) the quantity and price of Hongrun's 
single sale; 2) the unreported business relationships/potential 
affiliations between Hongrun and other crawfish tail meat producers; 3) 
Hongrun's failure to establish the source of the initial investment 
capital used to form Hongrun; and finally, 4) the lack or regular 
commercial interest in the subject merchandise, and the circumstances 
surrounding the resale of the single POR sale.
    Because the Department has found Weishan Hongrun's sale to be non-
bona fide, it is not subject to review. See Weishan Hongrun Memo. 
Weishan Hongrun only made a single, non-bona fide sale during the POR. 
Therefore, the Department intends to rescind its new shipper review 
because there are no reviewable sales during the POR. See e.g., Tianjin 
Tiancheng Pharmaceutical Co., Ltd. v. United States, 366 F. Supp. 2d 
1246, 1249 (CIT 2005).
    Additionally, as referenced above, Leping Lotai, Nanjing Merry, and 
Shanghai Strong all submitted letters to the Department indicating they 
would not permit verification of the information placed on the record 
of the reviews. By not permitting the Department to verify the accuracy 
of the information each submitted to the Department, Leping Lotai, 
Nanjing Merry, and Shanghai Strong each failed to establish that they 
qualify for a separate rate. See Memorandum to James C. Doyle, 
Director, AD/CVD Operations, Office 9, from Scot T. Fullerton and 
Prentiss Lee Smith, Case Analysts, through Christopher D. Riker, 
Program Manager, regarding Freshwater Crawfish Tail Meat from The 
People's Republic of China: Intent to Rescind the New Shipper Review of 
Leping Lotai Foods Co. (February 22, 2007); Memorandum to James C. 
Doyle, Director, AD/CVD Operations, Office 9, from Scot T. Fullerton 
and Prentiss Lee Smith, Case Analysts, through Christopher D. Riker, 
Program Manager, regarding Freshwater Crawfish Tail Meat from The 
People's Republic of China: Intent to Rescind the New Shipper Review of 
Nanjing Merry Trading Co., Ltd. (February 22, 2007); Memorandum to 
James C. Doyle, Director, AD/CVD Operations, Office 9, from Scot T. 
Fullerton and Prentiss Lee Smith, Case Analysts, through Christopher D. 
Riker, Program Manager, regarding Freshwater Crawfish Tail Meat from 
The People's Republic of China: Intent to Rescind the New Shipper 
Review of Shanghai Strong International Trading Co., Ltd. (February 22, 
2007).
    To establish whether a company operating in a non market economy 
(``NME'') is sufficiently independent from the Government to be 
eligible for a separate rate, the Department analyzes each exporting 
entity under the test

[[Page 10150]]

established in the Final Determination of Sales at Less Than Fair 
Value: Sparklers from the People's Republic of China, 56 FR 20588 (May 
6, 1991) (``Sparklers''), as amplified by the Final Determination of 
Sales at Less Than Fair Value: Silicon Carbide from the People's 
Republic of China, 59 FR 22585 (May 2, 1994). Under the separate-rates 
criteria, the Department assigns separate rates in NME cases only if 
the respondent can demonstrate the absence of both de jure and de facto 
governmental control over export activities.
    By failing to allow the Department to verify the accuracy of their 
submissions, Leping Lotai, Nanjing Merry, and Shanghai Strong, have not 
demonstrated they are free of government control and are therefore not 
eligible to receive a separate rate. In the Notices of Initiation, the 
Department stated that an exporter unable to demonstrate the company's 
eligibility for a separate rate does not meet the requirements of 19 
CFR 351.214(b)(2)(iii) and its new shipper review will be rescinded. 
See May 5, 2006, Initiation Notice at 26454; see also May 31, 2006, 
Initiation Notice at 30866. Therefore, the Department is preliminarily 
rescinding the new shipper reviews of Leping Lotai, Nanjing Merry, and 
Shanghai Strong. 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).

Schedule for Final Results of Review

    Unless otherwise notified by the Department, interested parties may 
submit case briefs within 30 days of the date of publication of this 
notice in accordance with section 351.309(c)(ii) of the Department's 
regulations. As part of the case brief, parties are encouraged to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited. Rebuttal briefs, which must 
be limited to issues raised in the case briefs, must be filed within 
five days after the case brief is filed.
    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with section 351.310(c) of the 
Department's regulations. Any hearing would normally be held 37 days 
after the publication of this notice, or the first workday thereafter, 
at the U.S. Department of Commerce, 14th Street and Constitution Avenue 
N.W., Washington, DC 20230. Individuals who wish to request a hearing 
must submit a written request within 30 days of the publication of this 
notice in the Federal Register to the Assistant Secretary for Import 
Administration, U.S. Department of Commerce, Room 1870, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230. Requests for a public 
hearing should contain: (1) the party's name, address, and telephone 
number; (2) the number of participants; and, (3) to the extent 
practicable, an identification of the arguments to be raised at the 
hearing. If a hearing is held, an interested party must limit its 
presentation only to arguments raised in its briefs. Parties should 
confirm by telephone the time, date, and place of the hearing 48 hours 
before the scheduled time.
    The Department will issue the final results of this new shipper 
review, which will include the results of its analysis of issues raised 
in the briefs, within 90 days from the date of the preliminary results, 
unless the time limit is extended.

Notification

    This notice 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.
    These new shipper reviews and this notice are published in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: February 22, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-4068 Filed 3-6-07; 8:45 am]
BILLING CODE 3510-DS-S

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