Freshwater Crawfish Tail Meat from the People's Republic of China: Notice of Final Results And Rescission, In Part, of 2004/2005 Antidumping Duty Administrative and New Shipper Reviews, 19174-19177 [E7-7199]
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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat from the
People’s Republic of China: Notice of
Final Results And Rescission, In Part,
of 2004/2005 Antidumping Duty
Administrative and New Shipper
Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 10, 2006, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its administrative and new
shipper reviews of the antidumping
duty order on freshwater crawfish tail
meat from the People’s Republic of
China (‘‘PRC’’). See Freshwater Crawfish
Tail Meat From the People’s Republic of
China: Preliminary Results and Partial
Rescission of the 2004/2005
Administrative and New Shipper
Reviews, 71 FR 59432 (October 10,
2006) (Preliminary Results). Based on
our analysis of the record, including
information obtained since the
preliminary results, we have made
changes to the margin calculations for
Xiping Opeck Food Co., Ltd. (‘‘Xiping
Opeck’’), Xuzhou Jinjiang Foodstuffs
Co., Ltd. (‘‘Xuzhou Jinjiang’’) and
Qingdao Jinyongxiang Aquatic Foods
Co., Ltd. (‘‘Qingdao JYX’’). See Final
Results of Review section, below.
EFFECTIVE DATE: April 17, 2007.
FOR FURTHER INFORMATION CONTACT: Scot
Fullerton or Erin Begnal, 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–
1442, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
sroberts on PROD1PC70 with NOTICES
Background
On October 10, 2006, the Department
published the preliminary results of its
administrative and new shipper reviews
of the antidumping duty order on
freshwater crawfish tail meat from the
PRC, and invited parties to comment on
the preliminary results. See Preliminary
Results. The administrative review
covers six exporters or producer/
exporters: (1) Jiangsu Jiushoutang
Organisms–Manufactures Co., Ltd.
(‘‘Jiangsu JOM’’); (2) Shanghai
Sunbeauty Trading Co., Ltd. (‘‘Shanghai
Sunbeauty’’); (3) Qingdao JYX; and (4)
Qingdao Wentai Trading Co., Ltd.
(‘‘Qingdao Wentai’’); (5) Yancheng Hi–
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22:09 Apr 16, 2007
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King Agriculture Developing Co., Ltd.
(‘‘Yancheng Hi–King’’); and (6) Xuzhou
Jinjiang.1 The period of review (‘‘POR’’)
for all respondents subject to this
administrative review is September 1,
2004, through August 31, 2005.2 The
new shipper review covers two
producer/exporters: (1) Xiping Opeck;
and (2) Xuzhou Jinjiang. The period of
review for Xiping Opeck is September 1,
2004, through August 31, 2005, while
the period of review for Xuzhou Jinjiang
is September 1, 2004, through October
5, 2005.
On October 30, 2006, subsequent to
the issuance of the Preliminary Results,
the Department received publicly
available information, for purposes of
valuing factors of production, from the
Crawfish Processors Alliance, the
Louisiana Department of Agriculture
and Forestry, and Bob Odom,
Commissioner (collectively, ‘‘Domestic
Parties’’), pursuant to 19 CFR
351.301(c)(3). See Letter to the U.S.
Department of Commerce, from
Domestic Parties, regarding Freshwater
Crawfish Tail Meat from the People’s
Republic of China: 2004–05
Administrative Review (October 30,
2006); see also Freshwater Crawfish Tail
Meat from the People’s Republic of
China: 2004–05 New Shipper Review
(October 30, 2006). On November 9,
2006, Xuzhou Jinjiang submitted
rebuttal surrogate value information
responding to Domestic Parties’ October
30, 2006, surrogate value information.
See Letter to the U.S. Department of
Commerce, from Xuzhou Jinjiang,
regarding Freshwater Crawfish Tail
Meat from the People’s Rep. of China;
Surrogate Value Rebuttal (November 9,
2006).
On November 9, 2006, the Department
also received case briefs from Domestic
Parties as well as Xuzhou Jinjiang. See
Case Brief from Domestic Parties,
regarding Freshwater Crawfish Tail
Meat from the People’s Republic of
China: 2004–05 Administrative Review
(November 9, 2006), Case Brief from
Domestic Parties, regarding Freshwater
1 Xuzhou Jinjiang is a participant in both the
administrative review and new shipper review.
2 On July 3, 2006, the Department issued its
notice of rescission of antidumping duty new
shipper reviews of Jiangsu JOM, Shanghai
Sunbeauty and Qingdao Wentai, for the period
September 1, 2004, and February 28, 2005. See
Notice of Rescission of Antidumping Duty New
Shipper Reviews: Freshwater Crawfish Tail Meat
from the People’s Republic of China, 71 FR 37902
(July 3, 2006) (‘‘Rescission of New Shipper
Review’’). Accordingly, this administrative review
only covers these companies’ entries not already
covered by the above-referenced new shipper
reviews. Therefore, this administrative review, for
Jiangsu JOM, Shanghai Sunbeauty and Qingdao
Wentai, covers entries from March 1, 2005, through
August 31, 2005.
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Crawfish Tail Meat from the People’s
Republic of China: 2004–05 New
Shipper Review (November 9, 2006),
Case Brief from Xuzhou Jinjiang,
regarding Freshwater Crawfish Tail
Meat from the People’s Republic Of
China; Comment on the Preliminary
Results (November 9, 2006).
Additionally, on November 14, 2006, we
received rebuttal briefs from Domestic
Parties and Xuzhou Jinjiang. See
Freshwater Crawfish Tail Meat From the
People’s Republic of China: Petitioner’s
Rebuttal Brief (April 14, 2006); see also
Rebuttal Brief from Domestic Parties,
regarding Freshwater Crawfish Tail
Meat from the People’s Republic of
China: 2004–05 New Shipper Review
(November 14, 2006); and Rebuttal Brief
from Xuzhou Jinjiang, regarding
Freshwater Crawfish Tail Meat from the
People’s Rep. Of China; Comment on
the Preliminary Results (November 14,
2006). No case briefs were submitted by
Jiangsu JOM, Shanghai Sunbeauty, or
Qingdao Wentai. Although petitioners
initially requested a hearing in the
administrative and new shipper
reviews, this request was subsequently
withdrawn.
On February 2, 2007, the Department
placed revised expected non–market
economy (‘‘NME’’) wage rates on its
website, (see https://ia.ita.doc.gov/
wages/) and offered
interested parties an opportunity to
submit comments on these revised wage
rates, as the period for submission of
case briefs and rebuttal briefs had
already passed. On February 7, 2007,
Xuzhou Jinjiang submitted comments
on the revised wage rates. See Xuzhou
Jinjiang Wage Rate Comments, dated
February 7, 2007. No other comments
on the revised wage rates were
submitted.
Scope of Order
The product covered by this
antidumping duty 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 HTSUS
numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and
other, as introduced by U.S. Customs
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and Border Protection (‘‘CBP’’) in 2000,
and HTSUS numbers 0306.19.00.10 and
0306.29.00.00, 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.
Separate Rates
Qingdao JYX, Xiping Opeck, and
Xuzhou Jinjiang have requested
separate, company–specific
antidumping duty rates. In our
preliminary results, we found that
Qingdao JYX, Xiping Opeck, and
Xuzhou Jinjiang had met the criteria for
the application of a separate
antidumping duty rate. See Preliminary
Results. We have not received any
information since the Preliminary
Results with respect to Qingdao JYX,
Xiping Opeck, and Xuzhou Jinjiang
which would warrant reconsideration of
our separate–rates determinations with
respect to these companies. Therefore,
for these final results, we will continue
to calculate company–specific separate
rates for these respondents.
sroberts on PROD1PC70 with NOTICES
Partial Rescission of Administrative
Review
In the Preliminary Results, the
Department stated its intention to
partially rescind the administrative
review for Yancheng Hi–King, as the
firm informed the Department that it did
not export the subject merchandise to
the United States during the POR. The
Department also stated its intention to
rescind the administrative review for
Qingdao Wentai, as the Department
determined that Qingdao Wentai’s
single sale, covered by both the new
shipper review and administrative
review, was not bona fide and could not
serve as the basis for the calculation of
a dumping margin. See Rescission of
New Shipper Review. No comments on
the Department’s intention to rescind
the administrative review for Yancheng
Hi–King and Qingdao Wentai were
submitted by any interested party.
Therefore, for the reasons stated above,
we are rescinding the administrative
review with respect to Yancheng Hi–
King and Qingdao Wentai. See 19 CFR
351.213(d)(3).
Adverse Facts Available - Jiangsu JOM
& Shanghai Sunbeauty
For purposes of the Preliminary
Results, the Department applied facts
available to sales by Jiangsu JOM and
Shanghai Sunbeauty, as Jiangsu JOM
would not permit the Department to
verify information placed on the record,
and Shanghai Sunbeauty informed the
Department that it would not participate
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19:39 Apr 16, 2007
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further in this review and did not
respond to the Department’s requests for
information. Therefore, we determined
that neither company cooperated to the
best of its ability. See Memorandum to
James C. Doyle, Director, from
Christopher D. Riker, Program Manager,
regarding Freshwater Crawfish Tail
Meat from the People’s Republic of
China: Preliminary Application of
Adverse Facts Available to Shanghai
Sunbeauty Trading Co., Ltd., dated
October 2, 2006, and Memorandum to
James C. Doyle, Director, from
Christopher D. Riker, Program Manager,
regarding Freshwater Crawfish Tail
Meat from the People’s Republic of
China: Preliminary Application of
Adverse Facts Available to Jiangsu
Jiushoutang Organisms–Manufacturers
Co., Ltd., dated October 2, 2006. No
comments on this determination were
submitted by any interested party.
Therefore, for the reasons stated above,
we find it appropriate, pursuant to
sections 776(a)(2)(D) and 776(b) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), to use adverse facts available
(‘‘AFA’’) as the basis for the final results
of review for Jiangsu JOM and Shanghai
Sunbeauty, which are part of the PRC–
wide entity, as the Department was
unable to verify Jiangsu JOM’s and
Shanghai Sunbeauty’s questionnaire
responses concerning their eligibility for
a separate rate. Consistent with the
statute, court precedent, and its normal
practice, the Department has assigned
the rate of 223.01 percent, the highest
rate on the record of any segment of the
proceeding, to the PRC–wide entity
(including Shanghai Sunbeauty and
Jiangsu JOM) as AFA. See, e.g.,
Freshwater Crawfish Tail Meat From the
People’s Republic of China: Notice of
Final Results of Antidumping Duty
Administrative Review, and Final
Partial Rescission of Antidumping Duty
Administrative Review, 67 FR 19546
(April 22, 2002). As discussed further
below, this rate has been corroborated.
Corroboration of Secondary
Information
Section 776(c) of the Act provides
that, when the Department relies on the
facts otherwise available and on
‘‘secondary information,’’ the
Department shall, to the extent
practicable, corroborate that information
from independent sources reasonably at
the Department’s disposal. To
‘‘corroborate’’ means to determine that
the information used has probative
value. See Statement of Administrative
Action (‘‘SAA’’) accompanying the
Uruguay Round Agreements Act
(‘‘URAA’’), H.R. Rep. No. 103–316 at
870 (1994). The Department has
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19175
determined that to have probative value,
information must be reliable and
relevant. See SAA at 870; see also
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished from
Japan, 61 FR 57391, 57392 (November
6, 1996). The SAA also states that
independent sources used to corroborate
such evidence may include, for
example, published price lists, official
import statistics and customs data, and
information obtained from interested
parties during the particular
investigation. See Preliminary
Determination of Sales at Less Than
Fair Value: High and Ultra–High
Voltage Ceramic Station Post Insulators
from Japan, 68 FR 35627 (June 16,
2003), unchanged in Notice of Final
Determination of Sales at Less Than
Fair Value: High and Ultra–High
Voltage Ceramic Station Post Insulators
from Japan, 68 FR 62560 (November 5,
2003); and Final Determination of Sales
at Less Than Fair Value: Live Swine
from Canada, 70 FR 12181 (March 11,
2005).
The reliability of the AFA rate was
determined by the calculation of the
margin based on sales and production
data of a respondent in a prior review,
and on the most appropriate surrogate
value information available to the
Department, chosen from submissions
by the parties in that review, as well as
information gathered by the Department
itself. Furthermore, the calculation of
this margin was subject to comment
from interested parties in the
proceeding Freshwater Crawfish Tail
Meat from the People’s Republic of
China: Notice of Final Results of
Antidumping Duty Administrative
Revew, and Final Partial Rescission of
Antidumping Duty Administrative
Review, 67 FR 19546 (April 22, 2002)
(‘‘1999–2000 Review’’). The Department
has received no information to date that
warrants revisiting the issue of the
reliability of the rate calculation itself.
This rate has been used as AFA in every
subsequent segment of this proceeding
and the Department has received no
comments challenging the reliability of
the margin. No information has been
presented in the current review. Thus,
the Department finds that the margin
calculated in the 1999–2000 review is
reliable.
With respect to the relevance aspect
of corroboration, the Department will
consider information reasonably at its
disposal to determine whether a margin
continues to have relevance. Where
circumstances indicate that the selected
margin is not appropriate as AFA, the
Department will disregard the margin
and determine an appropriate margin.
For example, in Fresh Cut Flowers from
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Mexico: Final Results of Antidumping
Administrative Review, 61 FR 6812
(February 22, 1996), the Department
disregarded the highest margin in that
case as adverse best information
available (the predecessor to facts
available) because the margin was based
on another company’s uncharacteristic
business expense resulting in an
unusually high margin. Similarly, the
Department does not apply a margin
that has been discredited. See D & L
Supply Co. v. United States, 113 F.3d
1220, 1221 (Fed. Cir. 1997) (the
Department will not use a margin that
has been judicially invalidated). None of
these unusual circumstances are present
here. As there is no information on the
record of this review that indicates that
this rate is not relevant as AFA for the
PRC–wide entity, we determine that this
rate is relevant. Because the rate is both
reliable and relevant it has probative
value. Accordingly, we determine that
the highest rate determined in any
segment of this administrative
proceeding (i.e., 223.01 percent) is
corroborated (i.e., it has probative
value).
Analysis of Comments Received
In the case and rebuttal briefs
received from the parties after the
Preliminary Results, we received
comments on the surrogate values used
to value labor, overhead, selling, general
and administrative expenses (‘‘SG&A’’),
and profit. We also received comments
regarding the bona fides of Xuzhou
Jinjiang’s POR sales. Moreover, we
received additional comments from
Xuzhou Jinjiang in response to the
Department’s February 2, 2007, request
for comments on the revised expected
NME wage rates. All issues raised in the
case briefs and wage rate comments are
addressed in the Memorandum to David
Spooner, Assistant Secretary for Import
Administration, from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, regarding Issues and
Decision Memorandum for the Final
Results in the 2004/2005 Administrative
and New Shipper Reviews of Freshwater
Crawfish Tail Meat from the People’s
Republic of China (April 9, 2007)
(‘‘Issues and Decision Memorandum’’),
which is hereby adopted by this notice.
A list of the issues raised, all of which
are in the Issues and Decision
Memorandum, is attached to this notice
as Appendix I. Parties can find a
complete discussion of all issues raised
in the briefs and the corresponding
recommendations in this public
memorandum on file in the Central
Records Unit (‘‘CRU’’), room B–099 of
the Herbert H. Hoover Building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made
changes to the margin calculations for
Qingdao JYX, Xiping Opeck, and
Xuzhou Jinjiang. For the final results,
we have updated the surrogate value for
labor. For a discussion of these changes,
see the Issues and Decision
Memorandum at Comment 2.
Final Results of Review
We determine that the following
antidumping duty margins exist:
FRESHWATER CRAWFISH TAIL MEAT FROM THE PRC
Weighted–Average
Margin (Percent)
Manufacturer/Exporter
sroberts on PROD1PC70 with NOTICES
Qingdao Jinyongxiang Aquatic Foods Co., Ltd. ..........................................................................................................................
Xiping Opeck Food Co., Ltd. .......................................................................................................................................................
Xuzhou Jinjiang Foodstuffs Co., Ltd. ..........................................................................................................................................
PRC–wide Rate(including Jiangsu Jiushoutang Organisms–Manufactures Co., Ltd. and Shanghai Sunbeauty Trading Co.,
Ltd.) ..........................................................................................................................................................................................
For details on the calculation of the
antidumping duty margin for Qingdao
JYX, Xiping Opeck, and Xuzhou
Jinjiang, see Memorandum to the File,
through Christopher D. Riker, Program
Manager from Scot Fullerton, Senior
International Trade Analyst, regarding
Freshwater Crawfish Tail Meat From the
People’s Republic of China - Analysis
Memorandum for the Final Results of
Administrative Review of Qingdao
Jinyongxiang Aquatic Foods Co., Ltd.
(April, 9, 2007), Memorandum to the
File, through Christopher D. Riker,
Program Manager, from Erin Begnal,
Senior International Trade Analyst,
regarding Freshwater Crawfish Tail
Meat From the People’s Republic of
China - Analysis Memorandum for the
Final Results of New Shipper Review of
Xiping Opeck Food Co., Ltd. (April, 9,
2007), and Memorandum to the File,
through Christopher D. Riker, Program
Manager, from Scot Fullerton, Senior
International Trade Analyst, regarding
Freshwater Crawfish Tail Meat From the
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19:39 Apr 16, 2007
Jkt 211001
People’s Republic of China - Analysis
Memorandum for the Final Results of
New Shipper Review of Xuzhou Jinjiang
Foodstuffs Co., Ltd. (April, 9, 2007).
Public versions of these memoranda are
on file in the CRU.
Assessment of Antidumping Duties
The Department will determine, and
CBP shall assess, antidumping duties on
all appropriate entries. The Department
will issue appropriate assessment
instructions directly to CBP within 15
days of publication of the final results
of this review. For assessment purposes
for companies with a calculated rate,
where possible, the Department
calculated importer–specific assessment
rates for freshwater crawfish tail meat
from the PRC on a per–unit basis.
Specifically, the Department divided the
total dumping margins (calculated as
the difference between normal value
and export price) for each importer by
the total quantity of subject
merchandise sold to that importer
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50.98
34.85
0.00
223.01
during the POR to calculate a per–unit
assessment amount. The Department
will direct CBP to assess importer–
specific assessment rates based on the
resulting per–unit (i.e., per–kilogram)
rates by the weight in kilograms of each
entry of the subject merchandise during
the POR.
Cash Deposits
The following cash–deposit
requirements will be effective upon
publication of the final results for
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results, as
provided by section 751(a)(2)(C) of the
Act: (1) for subject merchandise
exported by Qingdao JYX, Xiping
Opeck, and Xuzhou Jinjiang, we will
establish a per–kilogram cash deposit
rate which will be equivalent to the
company–specific weighted–average
margin established in this review; (2)
the cash–deposit rate for PRC exporters
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who received a separate rate in a prior
segment of the proceeding will continue
to be the rate assigned in that segment
of the proceeding; (3) for all other PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate (including Shanghai
Sunbeauty and Jiangsu JOM), the cash–
deposit rate will be the PRC–wide rate
of 223.01 percent; (4) for all non–PRC
exporters of subject merchandise, the
cash–deposit rate will be the rate
applicable to the PRC exporter that
supplied that exporter.
These deposit requirements, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) 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.
These reviews and notice are in
accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: April 9, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix I
General Issues
Comment 1: Surrogate Financial Ratios
Comment 2: Surrogate Wage Rate
Company–Specific Issues
Comment 3: Bona Fides of Xuzhou
Jinjiang Foodstuffs Co., Ltd.’s Sales
[FR Doc. E7–7199 Filed 4–16–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–812]
Honey from Argentina: Final Results of
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 24, 2006, the
Department of Commerce (the
Department) published the preliminary
results of review in this proceeding. See
sroberts on PROD1PC70 with NOTICES
AGENCY:
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19:39 Apr 16, 2007
Jkt 211001
Honey from Argentina: Preliminary
Results of New Shipper Review, 71 FR
67850 (November 24, 2006) (Preliminary
Results). This new shipper review
covers one exporter, Patagonik S.A.
(Patagonik) and its affiliated supplier,
Colmenares Santa Rosa (CSR), of subject
merchandise to the United States. The
period of review (POR) is December 1,
2004, to December 31, 2005. The
petitioners are the Sioux Honey
Association and the American Honey
Producers Association. Based on our
analysis of comments received, the
margin calculation for these final results
does not differ from the preliminary
results.
EFFECTIVE DATE: April 17, 2007.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Robert James, Office 7,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–0408 or
(202) 482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2006, the
Department published its Preliminary
Results of this antidumping duty new
shipper review of honey from
Argentina. On December 15, 2006, the
Federal Register published a correction
notice due to typographical errors in the
original preliminary results notice. See
Corrections Honey From Argentina:
Preliminary Results of New Shipper
Review (Corrections Notice), 71 FR
75614 (December 15, 2006). Subsequent
to publication of the Preliminary Results
and the Corrections Notice, the
Department issued an additional cost
questionnaire on December 20, 2006, to
which Patagonik responded on January
3, 2007. In response to the Department’s
invitation to comment on the
preliminary results, petitioners
submitted their case brief on January 8,
2007, and Patagonik submitted its
rebuttal brief on January 16, 2007.1 On
January 31, 2007, the Department
extended the final results until April 16,
2007. See Notice of Extension of Time
Limit for Final Results of Antidumping
Duty New Shipper Review: Honey from
Argentina, 72 FR 4486 (January 31,
2007).
Scope of the Order
The merchandise covered by the order
is honey from Argentina. The products
covered are natural honey, artificial
1 In response to requests from petitioners and
Patagonik, the Department extended the deadline
for case briefs to January 8, 2006, and for rebuttal
briefs to January 16, 2006.
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honey containing more than 50 percent
natural honey by weight, preparations of
natural honey containing more than 50
percent natural honey by weight, and
flavored honey. The subject
merchandise includes all grades and
colors of honey whether in liquid,
creamed, comb, cut comb, or chunk
form, and whether packaged for retail or
in bulk form. The merchandise is
currently classifiable under subheadings
0409.00.00, 1702.90.90, and 2106.90.99
of the Harmonized Tariff Schedule of
the United States (HTSUS). Although
the HTSUS subheadings are provided
for convenience and Customs purposes,
the Department’s written description of
the merchandise under this order is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this new
shipper review are addressed in the
‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration. A list of issues
addressed in the Decision Memorandum
is appended to this notice. The Decision
Memorandum is on file in the CRU and
can be accessed directly on the web at
https://www.ita.doc.gov/.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made no changes to
our preliminary results.
Final Results of Review
We determine that the following
dumping margins exist for the period
December 1, 2004, through December
31, 2005.
Exporter
Patagonik S.A. /Colmenares
Santa Rosa S.R.L .............
Weighted Average Margin
(percentage)
0.00
Assessment
The Department shall determine, and
the CBP shall assess, antidumping
duties on all appropriate entries. In
accordance with 19 CFR 351.212(b)(1),
we have calculated importer–specific
assessment rates for the merchandise
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales made during the POR to
the total customs value of the sales used
to calculate those duties. The
Department will issue appropriate ad
valorem assessment instructions
directly to CBP 15 days after publication
E:\FR\FM\17APN1.SGM
17APN1
]]>Agencies
[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Notices]
[Pages 19174-19177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7199]
[[Page 19174]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat from the People's Republic of
China: Notice of Final Results And Rescission, In Part, of 2004/2005
Antidumping Duty Administrative and New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 10, 2006, the Department of Commerce (``the
Department'') published the preliminary results of its administrative
and new shipper reviews of the antidumping duty order on freshwater
crawfish tail meat from the People's Republic of China (``PRC''). See
Freshwater Crawfish Tail Meat From the People's Republic of China:
Preliminary Results and Partial Rescission of the 2004/2005
Administrative and New Shipper Reviews, 71 FR 59432 (October 10, 2006)
(Preliminary Results). Based on our analysis of the record, including
information obtained since the preliminary results, we have made
changes to the margin calculations for Xiping Opeck Food Co., Ltd.
(``Xiping Opeck''), Xuzhou Jinjiang Foodstuffs Co., Ltd. (``Xuzhou
Jinjiang'') and Qingdao Jinyongxiang Aquatic Foods Co., Ltd. (``Qingdao
JYX''). See Final Results of Review section, below.
EFFECTIVE DATE: April 17, 2007.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Erin Begnal, 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) 482-1442, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2006, the Department published the preliminary
results of its administrative and new shipper reviews of the
antidumping duty order on freshwater crawfish tail meat from the PRC,
and invited parties to comment on the preliminary results. See
Preliminary Results. The administrative review covers six exporters or
producer/exporters: (1) Jiangsu Jiushoutang Organisms-Manufactures Co.,
Ltd. (``Jiangsu JOM''); (2) Shanghai Sunbeauty Trading Co., Ltd.
(``Shanghai Sunbeauty''); (3) Qingdao JYX; and (4) Qingdao Wentai
Trading Co., Ltd. (``Qingdao Wentai''); (5) Yancheng Hi-King
Agriculture Developing Co., Ltd. (``Yancheng Hi-King''); and (6) Xuzhou
Jinjiang.\1\ The period of review (``POR'') for all respondents subject
to this administrative review is September 1, 2004, through August 31,
2005.\2\ The new shipper review covers two producer/exporters: (1)
Xiping Opeck; and (2) Xuzhou Jinjiang. The period of review for Xiping
Opeck is September 1, 2004, through August 31, 2005, while the period
of review for Xuzhou Jinjiang is September 1, 2004, through October 5,
2005.
---------------------------------------------------------------------------
\1\ Xuzhou Jinjiang is a participant in both the administrative
review and new shipper review.
\2\ On July 3, 2006, the Department issued its notice of
rescission of antidumping duty new shipper reviews of Jiangsu JOM,
Shanghai Sunbeauty and Qingdao Wentai, for the period September 1,
2004, and February 28, 2005. See Notice of Rescission of Antidumping
Duty New Shipper Reviews: Freshwater Crawfish Tail Meat from the
People's Republic of China, 71 FR 37902 (July 3, 2006) (``Rescission
of New Shipper Review''). Accordingly, this administrative review
only covers these companies' entries not already covered by the
above-referenced new shipper reviews. Therefore, this administrative
review, for Jiangsu JOM, Shanghai Sunbeauty and Qingdao Wentai,
covers entries from March 1, 2005, through August 31, 2005.
---------------------------------------------------------------------------
On October 30, 2006, subsequent to the issuance of the Preliminary
Results, the Department received publicly available information, for
purposes of valuing factors of production, from the Crawfish Processors
Alliance, the Louisiana Department of Agriculture and Forestry, and Bob
Odom, Commissioner (collectively, ``Domestic Parties''), pursuant to 19
CFR 351.301(c)(3). See Letter to the U.S. Department of Commerce, from
Domestic Parties, regarding Freshwater Crawfish Tail Meat from the
People's Republic of China: 2004-05 Administrative Review (October 30,
2006); see also Freshwater Crawfish Tail Meat from the People's
Republic of China: 2004-05 New Shipper Review (October 30, 2006). On
November 9, 2006, Xuzhou Jinjiang submitted rebuttal surrogate value
information responding to Domestic Parties' October 30, 2006, surrogate
value information. See Letter to the U.S. Department of Commerce, from
Xuzhou Jinjiang, regarding Freshwater Crawfish Tail Meat from the
People's Rep. of China; Surrogate Value Rebuttal (November 9, 2006).
On November 9, 2006, the Department also received case briefs from
Domestic Parties as well as Xuzhou Jinjiang. See Case Brief from
Domestic Parties, regarding Freshwater Crawfish Tail Meat from the
People's Republic of China: 2004-05 Administrative Review (November 9,
2006), Case Brief from Domestic Parties, regarding Freshwater Crawfish
Tail Meat from the People's Republic of China: 2004-05 New Shipper
Review (November 9, 2006), Case Brief from Xuzhou Jinjiang, regarding
Freshwater Crawfish Tail Meat from the People's Republic Of China;
Comment on the Preliminary Results (November 9, 2006). Additionally, on
November 14, 2006, we received rebuttal briefs from Domestic Parties
and Xuzhou Jinjiang. See Freshwater Crawfish Tail Meat From the
People's Republic of China: Petitioner's Rebuttal Brief (April 14,
2006); see also Rebuttal Brief from Domestic Parties, regarding
Freshwater Crawfish Tail Meat from the People's Republic of China:
2004-05 New Shipper Review (November 14, 2006); and Rebuttal Brief from
Xuzhou Jinjiang, regarding Freshwater Crawfish Tail Meat from the
People's Rep. Of China; Comment on the Preliminary Results (November
14, 2006). No case briefs were submitted by Jiangsu JOM, Shanghai
Sunbeauty, or Qingdao Wentai. Although petitioners initially requested
a hearing in the administrative and new shipper reviews, this request
was subsequently withdrawn.
On February 2, 2007, the Department placed revised expected non-
market economy (``NME'') wage rates on its website, (see https://
ia.ita.doc.gov/wages/) and offered interested parties an
opportunity to submit comments on these revised wage rates, as the
period for submission of case briefs and rebuttal briefs had already
passed. On February 7, 2007, Xuzhou Jinjiang submitted comments on the
revised wage rates. See Xuzhou Jinjiang Wage Rate Comments, dated
February 7, 2007. No other comments on the revised wage rates were
submitted.
Scope of Order
The product covered by this antidumping duty 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 HTSUS numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and other, as introduced by U.S.
Customs
[[Page 19175]]
and Border Protection (``CBP'') in 2000, and HTSUS numbers
0306.19.00.10 and 0306.29.00.00, 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.
Separate Rates
Qingdao JYX, Xiping Opeck, and Xuzhou Jinjiang have requested
separate, company-specific antidumping duty rates. In our preliminary
results, we found that Qingdao JYX, Xiping Opeck, and Xuzhou Jinjiang
had met the criteria for the application of a separate antidumping duty
rate. See Preliminary Results. We have not received any information
since the Preliminary Results with respect to Qingdao JYX, Xiping
Opeck, and Xuzhou Jinjiang which would warrant reconsideration of our
separate-rates determinations with respect to these companies.
Therefore, for these final results, we will continue to calculate
company-specific separate rates for these respondents.
Partial Rescission of Administrative Review
In the Preliminary Results, the Department stated its intention to
partially rescind the administrative review for Yancheng Hi-King, as
the firm informed the Department that it did not export the subject
merchandise to the United States during the POR. The Department also
stated its intention to rescind the administrative review for Qingdao
Wentai, as the Department determined that Qingdao Wentai's single sale,
covered by both the new shipper review and administrative review, was
not bona fide and could not serve as the basis for the calculation of a
dumping margin. See Rescission of New Shipper Review. No comments on
the Department's intention to rescind the administrative review for
Yancheng Hi-King and Qingdao Wentai were submitted by any interested
party. Therefore, for the reasons stated above, we are rescinding the
administrative review with respect to Yancheng Hi-King and Qingdao
Wentai. See 19 CFR 351.213(d)(3).
Adverse Facts Available - Jiangsu JOM & Shanghai Sunbeauty
For purposes of the Preliminary Results, the Department applied
facts available to sales by Jiangsu JOM and Shanghai Sunbeauty, as
Jiangsu JOM would not permit the Department to verify information
placed on the record, and Shanghai Sunbeauty informed the Department
that it would not participate further in this review and did not
respond to the Department's requests for information. Therefore, we
determined that neither company cooperated to the best of its ability.
See Memorandum to James C. Doyle, Director, from Christopher D. Riker,
Program Manager, regarding Freshwater Crawfish Tail Meat from the
People's Republic of China: Preliminary Application of Adverse Facts
Available to Shanghai Sunbeauty Trading Co., Ltd., dated October 2,
2006, and Memorandum to James C. Doyle, Director, from Christopher D.
Riker, Program Manager, regarding Freshwater Crawfish Tail Meat from
the People's Republic of China: Preliminary Application of Adverse
Facts Available to Jiangsu Jiushoutang Organisms-Manufacturers Co.,
Ltd., dated October 2, 2006. No comments on this determination were
submitted by any interested party. Therefore, for the reasons stated
above, we find it appropriate, pursuant to sections 776(a)(2)(D) and
776(b) of the Tariff Act of 1930, as amended (``the Act''), to use
adverse facts available (``AFA'') as the basis for the final results of
review for Jiangsu JOM and Shanghai Sunbeauty, which are part of the
PRC-wide entity, as the Department was unable to verify Jiangsu JOM's
and Shanghai Sunbeauty's questionnaire responses concerning their
eligibility for a separate rate. Consistent with the statute, court
precedent, and its normal practice, the Department has assigned the
rate of 223.01 percent, the highest rate on the record of any segment
of the proceeding, to the PRC-wide entity (including Shanghai Sunbeauty
and Jiangsu JOM) as AFA. See, e.g., Freshwater Crawfish Tail Meat From
the People's Republic of China: Notice of Final Results of Antidumping
Duty Administrative Review, and Final Partial Rescission of Antidumping
Duty Administrative Review, 67 FR 19546 (April 22, 2002). As discussed
further below, this rate has been corroborated.
Corroboration of Secondary Information
Section 776(c) of the Act provides that, when the Department relies
on the facts otherwise available and on ``secondary information,'' the
Department shall, to the extent practicable, corroborate that
information from independent sources reasonably at the Department's
disposal. To ``corroborate'' means to determine that the information
used has probative value. See Statement of Administrative Action
(``SAA'') accompanying the Uruguay Round Agreements Act (``URAA''),
H.R. Rep. No. 103-316 at 870 (1994). The Department has determined that
to have probative value, information must be reliable and relevant. See
SAA at 870; see also Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished from Japan, 61 FR 57391, 57392 (November 6,
1996). The SAA also states that independent sources used to corroborate
such evidence may include, for example, published price lists, official
import statistics and customs data, and information obtained from
interested parties during the particular investigation. See Preliminary
Determination of Sales at Less Than Fair Value: High and Ultra-High
Voltage Ceramic Station Post Insulators from Japan, 68 FR 35627 (June
16, 2003), unchanged in Notice of Final Determination of Sales at Less
Than Fair Value: High and Ultra-High Voltage Ceramic Station Post
Insulators from Japan, 68 FR 62560 (November 5, 2003); and Final
Determination of Sales at Less Than Fair Value: Live Swine from Canada,
70 FR 12181 (March 11, 2005).
The reliability of the AFA rate was determined by the calculation
of the margin based on sales and production data of a respondent in a
prior review, and on the most appropriate surrogate value information
available to the Department, chosen from submissions by the parties in
that review, as well as information gathered by the Department itself.
Furthermore, the calculation of this margin was subject to comment from
interested parties in the proceeding Freshwater Crawfish Tail Meat from
the People's Republic of China: Notice of Final Results of Antidumping
Duty Administrative Revew, and Final Partial Rescission of Antidumping
Duty Administrative Review, 67 FR 19546 (April 22, 2002) (``1999-2000
Review''). The Department has received no information to date that
warrants revisiting the issue of the reliability of the rate
calculation itself. This rate has been used as AFA in every subsequent
segment of this proceeding and the Department has received no comments
challenging the reliability of the margin. No information has been
presented in the current review. Thus, the Department finds that the
margin calculated in the 1999-2000 review is reliable.
With respect to the relevance aspect of corroboration, the
Department will consider information reasonably at its disposal to
determine whether a margin continues to have relevance. Where
circumstances indicate that the selected margin is not appropriate as
AFA, the Department will disregard the margin and determine an
appropriate margin. For example, in Fresh Cut Flowers from
[[Page 19176]]
Mexico: Final Results of Antidumping Administrative Review, 61 FR 6812
(February 22, 1996), the Department disregarded the highest margin in
that case as adverse best information available (the predecessor to
facts available) because the margin was based on another company's
uncharacteristic business expense resulting in an unusually high
margin. Similarly, the Department does not apply a margin that has been
discredited. See D & L Supply Co. v. United States, 113 F.3d 1220, 1221
(Fed. Cir. 1997) (the Department will not use a margin that has been
judicially invalidated). None of these unusual circumstances are
present here. As there is no information on the record of this review
that indicates that this rate is not relevant as AFA for the PRC-wide
entity, we determine that this rate is relevant. Because the rate is
both reliable and relevant it has probative value. Accordingly, we
determine that the highest rate determined in any segment of this
administrative proceeding (i.e., 223.01 percent) is corroborated (i.e.,
it has probative value).
Analysis of Comments Received
In the case and rebuttal briefs received from the parties after the
Preliminary Results, we received comments on the surrogate values used
to value labor, overhead, selling, general and administrative expenses
(``SG&A''), and profit. We also received comments regarding the bona
fides of Xuzhou Jinjiang's POR sales. Moreover, we received additional
comments from Xuzhou Jinjiang in response to the Department's February
2, 2007, request for comments on the revised expected NME wage rates.
All issues raised in the case briefs and wage rate comments are
addressed in the Memorandum to David Spooner, Assistant Secretary for
Import Administration, from Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, regarding Issues and Decision
Memorandum for the Final Results in the 2004/2005 Administrative and
New Shipper Reviews of Freshwater Crawfish Tail Meat from the People's
Republic of China (April 9, 2007) (``Issues and Decision Memorandum''),
which is hereby adopted by this notice. A list of the issues raised,
all of which are in the Issues and Decision Memorandum, is attached to
this notice as Appendix I. Parties can find a complete discussion of
all issues raised in the briefs and the corresponding recommendations
in this public memorandum on file in the Central Records Unit
(``CRU''), room B-099 of the Herbert H. Hoover Building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Web at https://ia.ita.doc.gov. The paper copy and
electronic version of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made changes to the margin calculations for Qingdao JYX, Xiping Opeck,
and Xuzhou Jinjiang. For the final results, we have updated the
surrogate value for labor. For a discussion of these changes, see the
Issues and Decision Memorandum at Comment 2.
Final Results of Review
We determine that the following antidumping duty margins exist:
Freshwater Crawfish Tail Meat from the PRC
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
Qingdao Jinyongxiang Aquatic Foods Co., Ltd......... 50.98
Xiping Opeck Food Co., Ltd.......................... 34.85
Xuzhou Jinjiang Foodstuffs Co., Ltd................. 0.00
PRC-wide Rate(including Jiangsu Jiushoutang 223.01
Organisms-Manufactures Co., Ltd. and Shanghai
Sunbeauty Trading Co., Ltd.).......................
------------------------------------------------------------------------
For details on the calculation of the antidumping duty margin for
Qingdao JYX, Xiping Opeck, and Xuzhou Jinjiang, see Memorandum to the
File, through Christopher D. Riker, Program Manager from Scot
Fullerton, Senior International Trade Analyst, regarding Freshwater
Crawfish Tail Meat From the People's Republic of China - Analysis
Memorandum for the Final Results of Administrative Review of Qingdao
Jinyongxiang Aquatic Foods Co., Ltd. (April, 9, 2007), Memorandum to
the File, through Christopher D. Riker, Program Manager, from Erin
Begnal, Senior International Trade Analyst, regarding Freshwater
Crawfish Tail Meat From the People's Republic of China - Analysis
Memorandum for the Final Results of New Shipper Review of Xiping Opeck
Food Co., Ltd. (April, 9, 2007), and Memorandum to the File, through
Christopher D. Riker, Program Manager, from Scot Fullerton, Senior
International Trade Analyst, regarding Freshwater Crawfish Tail Meat
From the People's Republic of China - Analysis Memorandum for the Final
Results of New Shipper Review of Xuzhou Jinjiang Foodstuffs Co., Ltd.
(April, 9, 2007). Public versions of these memoranda are on file in the
CRU.
Assessment of Antidumping Duties
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries. The Department will issue
appropriate assessment instructions directly to CBP within 15 days of
publication of the final results of this review. For assessment
purposes for companies with a calculated rate, where possible, the
Department calculated importer-specific assessment rates for freshwater
crawfish tail meat from the PRC on a per-unit basis. Specifically, the
Department divided the total dumping margins (calculated as the
difference between normal value and export price) for each importer by
the total quantity of subject merchandise sold to that importer during
the POR to calculate a per-unit assessment amount. The Department will
direct CBP to assess importer-specific assessment rates based on the
resulting per-unit (i.e., per-kilogram) rates by the weight in
kilograms of each entry of the subject merchandise during the POR.
Cash Deposits
The following cash-deposit requirements will be effective upon
publication of the final results for shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results, as provided by section
751(a)(2)(C) of the Act: (1) for subject merchandise exported by
Qingdao JYX, Xiping Opeck, and Xuzhou Jinjiang, we will establish a
per-kilogram cash deposit rate which will be equivalent to the company-
specific weighted-average margin established in this review; (2) the
cash-deposit rate for PRC exporters
[[Page 19177]]
who received a separate rate in a prior segment of the proceeding will
continue to be the rate assigned in that segment of the proceeding; (3)
for all other PRC exporters of subject merchandise which have not been
found to be entitled to a separate rate (including Shanghai Sunbeauty
and Jiangsu JOM), the cash-deposit rate will be the PRC-wide rate of
223.01 percent; (4) for all non-PRC exporters of subject merchandise,
the cash-deposit rate will be the rate applicable to the PRC exporter
that supplied that exporter.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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.
These reviews and notice are in accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: April 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
General Issues
Comment 1: Surrogate Financial Ratios
Comment 2: Surrogate Wage Rate
Company-Specific Issues
Comment 3: Bona Fides of Xuzhou Jinjiang Foodstuffs Co., Ltd.'s Sales
[FR Doc. E7-7199 Filed 4-16-07; 8:45 am]
BILLING CODE 3510-DS-S
