Certain Frozen Warmwater Shrimp from the People's Republic of China: Preliminary Notice of Intent to Rescind Antidumping Duty New Shipper Review, 41058-41061 [E7-14461]
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Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Notices
Antidumping duty proceedings
Period to be reviewed
THE PEOPLE’S REPUBLIC OF CHINA: Tapered Roller Bearings 3
A–570–601 ...............................................................................................................................................................................
Peer Bearing Changshan.
Yantai Timken Company Limited.
06/01/06–05/31/07
1 If one of the above named companies does not qualify for a separate rate, all other exporters of Chlorinated Isocyanurates from the People’s
Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which
the named exporter is a part.
2 If one of the above named companies does not qualify for a separate rate, all other exporters of Folding Metal Tables and Chairs from the
People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity
of which the named exporter is a part.
3 If one of the above named companies does not qualify for a separate rate, all other exporters of Tapered Roller Bearings from the People’s
Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which
the named exporter is a part.
Countervailing Duty Proceedings
DEPARTMENT OF COMMERCE
None.
International Trade Administration
[A–570–893]
None.
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consist with Fag Italia v.
United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305.
These initiations and this notice are
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (19
U.S.C. 1675(a)), and 19 CFR
351.221(c)(1)(i).
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Suspension Agreements
Certain Frozen Warmwater Shrimp
from the People’s Republic of China:
Preliminary Notice of Intent to Rescind
Antidumping Duty New Shipper
Review
Dated: July 20, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–14459 Filed 7–25–07; 8:45 am]
BILLING CODE 3510–DS–P
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Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is currently
conducting the semi–annual 2006 new
shipper review of the antidumping duty
order on certain frozen warmwater
shrimp (‘‘shrimp’’) from the People’s
Republic of China (‘‘PRC’’). We
preliminarily determine that Maoming
Changxing Foods Co., Ltd. (‘‘Maoming
Changxing’’) has failed to demonstrate
its eligibility for a separate rate in this
new shipper review. Therefore, we have
preliminarily determined that this new
shipper review should be rescinded.
Interested parties are invited to
comment on this preliminary notice of
intent to rescind.
EFFECTIVE DATE: July 26, 2007.
FOR FURTHER INFORMATION CONTACT:
Anya Naschak, 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)
482–6375.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department received a timely
request from Maoming Changxing, in
accordance with 19 CFR 351.214(c), for
a new shipper review of the
antidumping duty order on shrimp from
the PRC.
On September 22, 2006, the
Department found that the request for
review with respect to Maoming
Changxing met all of the regulatory
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requirements set forth in 19 CFR
351.214(b) and initiated an antidumping
duty new shipper review covering the
period February 1, 2006, through July
31, 2006. See Certain Frozen
Warmwater Shrimp from the People’s
Republic of China: Initiation of New
Shipper Review, 71 FR 57469
(September 29, 2006) (‘‘Initiation
Notice’’).
On March 13, 2007, the Department
extended the deadline for the
preliminary results of the new shipper
review until July 19, 2007. See Notice of
Extension of the Preliminary Results of
Antidumping Duty New Shipper Review:
Certain Frozen Warmwater Shrimp from
thePeople’s Republic of China, 72 FR
11324 (March 13, 2007).
On September 27, 2006, we issued an
antidumping duty questionnaire to
Maoming Changxing. See Letter to
Maoming Changxing from Christopher
Riker, dated September 27, 2006. On
October 12, 2006, the Department
placed on the record of this review U.S.
Customs and Border Protection (‘‘CBP’’)
documentation from Maoming
Changxing’s shipment to the United
States during the period of review
(‘‘POR’’). See Memorandum to the File:
Certain Frozen Warmwater Shrimp from
the People’s Republic of China: Entry
Package(s) from U.S. Customs and
Border Protection (‘‘CBP’’), dated
October 12, 2006 (‘‘Entry Documents
Memo’’). On October 25, 2006, Maoming
Changxing responded to section A of the
Department’s questionnaire. On
November 21, 2006, the Department
received Maoming Changxing’s
response to sections C and D, and
importer–specific questionnaire
response. Between December 5, 2006,
and May 1, 2007, the Department issued
supplemental section A, C, D, and
importer–specific questions to Maoming
Changxing, and received responses to
these questionnaires between December
29, 2006, and May 10, 2007.
On April 2, 2007, the Department
provided parties with an opportunity to
submit publicly available information
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Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Notices
on surrogate countries and surrogate
values for consideration in these
preliminary results. See Letter to All
Interested Parties from Christopher D.
Riker: Antidumping Duty New Shipper
Review of Certain Frozen Warmwater
Shrimp from the People’s Republic of
China: Letter enclosing the Office of
Policy List of Economically Comparable
Countries and Schedule for Comments
on Surrogate Country, dated April 2,
2007. The Department did not receive
any comments on surrogate country or
surrogate values from any interested
party in this new shipper review.
Period of Review
The POR for this new shipper review
is February 1, 2006, through July 31,
2006.
Verification
The Department conducted
verification of Maoming Changxing’s
questionnaire responses between May
21, 2007, and May 23, 2007, at Maoming
Changxing’s facility in Maoming,
Guangdong, PRC. We used standard
verification procedures, including on–
site inspection of the exporter’s
manufacturing and sales facilities, and
examination of relevant sales and
financial records. Our verification
results are outlined in the verification
report. For a further discussion, see
Memorandum to the File from Anya L.
Naschak and Michael Holton:
Verification of the Questionnaire
Responses of Maoming Changxing
Foods Co., Ltd. in the Antidumping
New Shipper Review of Certain Frozen
Warmwater Shrimp from the People’s
Republic of China, dated July 19, 2007
(‘‘Maoming Changxing Verification
Report’’). The verification results are on
file in the main Department of
Commerce building, in the Central
Records Unit, Room B–099.
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Scope of Order
The scope of this order includes
certain frozen warmwater shrimp and
prawns, whether wild–caught (ocean
harvested) or farm–raised (produced by
aquaculture), head–on or head–off,
shell–on or peeled, tail–on or tail–off,
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this investigation, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (‘‘HTS’’),
are products which are processed from
warmwater shrimp and prawns through
freezing and which are sold in any
count size.
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The products described above may be
processed from any species of
warmwater shrimp and prawns.
Warmwater shrimp and prawns are
generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild–
caught warmwater species include, but
are not limited to, white–leg shrimp
(Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn
(Penaeus chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis),
southern pink shrimp (Penaeus
notialis), southern rough shrimp
(Trachypenaeus curvirostris), southern
white shrimp (Penaeus schmitti), blue
shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope of this
investigation. In addition, food
preparations, which are not ‘‘prepared
meals,’’ that contain more than 20
percent by weight of shrimp or prawn
are also included in the scope of this
investigation.
Excluded from the scope are: (1)
Breaded shrimp and prawns ( HTS
subheading 1605.20.10.20); (2) shrimp
and prawns generally classified in the
Pandalidae family and commonly
referred to as coldwater shrimp, in any
state of processing; (3) fresh shrimp and
prawns whether shell–on or peeled
(HTS subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTS subheading
1605.20.05.10); (5) dried shrimp and
prawns; (6) Lee Kum Kee’s shrimp
sauce; (7) canned warmwater shrimp
and prawns (HTS subheading
1605.20.10.40); (8) certain dusted
shrimp; and (9) certain battered shrimp.
Dusted shrimp is a shrimp–based
product: (1) That is produced from fresh
(or thawed–from-frozen) and peeled
shrimp; (2) to which a ‘‘dusting’’ layer
of rice or wheat flour of at least 95
percent purity has been applied; (3)
with the entire surface of the shrimp
flesh thoroughly and evenly coated with
the flour; (4) with the non–shrimp
content of the end product constituting
between four and 10 percent of the
product’s total weight after being
dusted, but prior to being frozen; and (5)
that is subjected to individually quick
frozen (‘‘IQF’’) freezing immediately
after application of the dusting layer.
Battered shrimp is a shrimp–based
product that, when dusted in
accordance with the definition of
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dusting above, is coated with a wet
viscous layer containing egg and/or
milk, and par–fried.
The products covered by this
investigation are currently classified
under the following HTS subheadings:
0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12,
0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24,
0306.13.00.27, 0306.13.00.40,
1605.20.10.10, and 1605.20.10.30. These
HTS subheadings are provided for
convenience and for customs purposes
only and are not dispositive, but rather
the written description of the scope of
this investigation is dispositive.
Preliminary Intent to Rescind
Concurrent with this notice, the
Department is issuing a memorandum
detailing our analysis of the information
on the record of this proceeding with
respect to Maoming Changxing’s
ownership and affiliations. See
Memorandum to James C. Doyle: Intent
to Rescind the New Shipper Review of
Maoming Changxing Foods Co., Ltd. in
the Antidumping New Shipper Review
of Certain Frozen Warmwater Shrimp
from the People’s Republic of China,
dated July 19, 2007 (‘‘Prelim Rescission
Memo’’).
We have considered whether
Maoming Changxing is eligible for a
separate rate. The Department’s
separate–rate test is not concerned, in
general, with macroeconomic/border–
type controls, e.g., export licenses,
quotas, and minimum export prices,
particularly if these controls are
imposed to prevent dumping. Rather,
the test focuses on controls over the
investment, pricing, and output
decision–making process at the
individual firm level. See Notice of
Final Determination of Sales at Less
Than Fair Value: Certain Cut–to-Length
Carbon Steel Plate from Ukraine, 62 FR
61754, 61757 (November 19, 1997), and
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, 62 FR 61276,
61279 (November 17, 1997).
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, the Department analyzes each
entity exporting the subject
merchandise under a test arising from
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 Notice of Final
Determination of Sales at Less Than
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Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2, 1994) (‘‘Silicon Carbide’’), 59 FR
at 22586–87. In accordance with the
separate–rates criteria, the Department
assigns separate rates in NME cases only
if respondents can demonstrate the
absence of both de jure and de facto
governmental control over export
activities.
In proceedings involving NME
countries, the Department begins with a
rebuttable presumption that all
companies within the country are
subject to government control and thus
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of merchandise
subject to investigation in an NME
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate. As explained
below, due to Maoming Changxing’s
failure to provide verifiable information
with respect to its ownership and
affiliations, it has not provided the
information necessary for the
Department to examine whether
Maoming Changxing operates
independently of de facto government
control. Therefore, Maoming Changxing
does not satisfy the standards for the
assignment of a separate rate.
In its questionnaire responses,
Maoming Changxing provided
information to the Department regarding
its corporate structure, ownership,
affiliations with other entities, and its
export sales negotiation process.
However, as discussed in detail in the
Prelim Rescission Memo, critical
information submitted on the record of
this proceeding by Maoming Changxing
could not be verified. Specifically, the
Department could not verify the
information submitted on the record of
this new shipper review regarding
Maoming Changxing’s ownership due to
its failure to document the transfer of
incorporating capital into Maoming
Changxing from its claimed parent
companies or ultimate owners.
Maoming Changxing also failed to
provide the Department with a complete
and official version of the capital
verification report of one of its claimed
parent companies. Further, Maoming
Changxing withheld specifically
requested information concerning the
existence of an affiliated company. In
addition, Maoming Changxing’s
statements on the record of this
proceeding with respect to the source of
Maoming Changxing’s incorporating
capital and the financial interests of
various owners were found to be
inaccurate at verification. See Maoming
Changxing Verification Report and
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16:36 Jul 25, 2007
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Prelim Rescission Memo. As a result,
Maoming Changxing has not
affirmatively proven that it is free from
de facto government control.
Specifically, Maoming Changxing’s
ownership could not be verified and the
information submitted on the record
with respect to Maoming Changxing’s
affiliations could not be verified,
thereby precluding the Department from
conducting an accurate separate rates
analysis. Due to the proprietary nature
of these issues, we cannot discuss them
in detail in this notice. See Prelim
Rescission Memo for a further
discussion.1
Because of deficiencies between
Maoming Changxing’s responses and
the information discovered at
verification, the Department was unable
to verify information concerning
Maoming Changxing’s formation and
ownership. As a result, and consistent
with the Department’s determinations in
prior cases, where the Department is
unable to verify information submitted
regarding a company’s formation and
ownership, that information cannot
serve as the basis for the Department’s
determination regarding the company’s
eligibility for a separate rate. See
Porcelain–on-Steel Cooking Ware from
the People’s Republic of China: Notice
of Final Results of Antidumping Duty
Administrative Review, 71 FR 24641
(April 26, 2006), and accompanying
Issues and Decision Memorandum
(‘‘POS Cookware I&D Memo’’) at
Comment 1. Therefore, the Department
is unable to conduct a separate rates
test. Because Maoming Changxing chose
not to disclose the existence of an
affiliated company (see Prelim
Rescission Memo), and because
discrepancies in Maoming Changxing’s
disclosed corporate structure were not
discovered until verification, the
Department was not able to ask
supplemental questions or consider this
entity’s relationship with the PRC
government. In fact, as noted in the POS
Cookware I&D Memo at Comment 1, ‘‘it
is fundamental that the Department be
presented with all of the details of a
respondent’s corporate structure to
adequately determine whether the entity
qualifies for a separate rate.’’ Further, in
this case, despite numerous
supplemental questions by the
1 In addition, the Department found at
verification information contrary to Maoming
Changxing’s description of the sales negotiation and
sales execution process, which, if a separate rates
test were conducted, calls into question the de facto
absence of government control over Maoming
Changxing’s export activities. However, due to
Maoming Changxing’s failure to substantiate its
ownership and affiliations, these issues are not
separately addressed in this notice. See also Prelim
Rescission Memo.
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Department regarding Maoming
Changxing’s corporate structure and
affiliation, Maoming Changxing failed to
notify the Department of the existence
of any inaccuracies in information it
reported to the Department or seek
guidance on the applicable reporting
requirements, as contemplated in
section 782(c)(1) of the Act.
Therefore, because the Department
was unable to determine the actual
owners of Maoming Changxing, the
Department was unable to determine:
(1) whether the export prices are set by
or are subject to the approval of a
governmental agency; (2) whether the
respondent has authority to negotiate
and sign contracts and other
agreements; (3) whether the respondent
has autonomy from the government in
making decisions regarding the
selection of management; and (4)
whether the respondent retains the
proceeds of its export sales and makes
independent decisions regarding
disposition of profits or financing of
losses. See Silicon Carbide, 59 FR at
22587; see also Notice of Final
Determination of Sales at Less Than
Fair Value: Furfuryl Alcohol From the
People’s Republic of China, 60 FR
22544, 22545 (May 8, 1995).
Accordingly, as Maoming Changxing
did not demonstrate that it was eligible
for a separate rate, the Department will
continue to consider Maoming
Changxing part of the NME entity.
Further, with respect to Maoming
Changxing’s qualifications as a new
shipper, because the reported
information with respect to its affiliated
entities could not be verified, the
Department was precluded from
conducting a meaningful analysis to
determine whether Maoming Changxing
or its affiliated companies had not
exported or produced the subject
merchandise to the United States during
the period of investigation pursuant to
section 751(a)(2)(B)(i)(II) of the Act.
Consistent with the Department’s
practice, we have therefore determined
that Maoming Changxing does not
qualify as a new shipper under section
351.214(a) of the Department’s
regulations because it is part of an entity
that shipped during the original period
of investigation. Accordingly, we intend
to rescind the new shipper review. See,
e.g., Freshwater Crawfish Tail Meat
From the People’s Republic’s of China:
Rescission of New Shipper Reviews, 72
FR 26782 (May 11, 2007); 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).
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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 19 CFR 351.309(c)(ii).
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. See 19 CFR
351.309(d).
Any interested party may request a
hearing within 30 days of publication of
this notice in accordance with 19 CFR
351.310(c). 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 NW, 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 or final rescission 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.
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Notification
At the completion of this new shipper
review, if a final rescission notice is
published, a cash deposit of 112.81
percent ad valorem shall be collected
for any entries produced and exported
by Maoming Changxing. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review. Should the Department reach
a final result other than a rescission, an
appropriate antidumping duty rate will
be calculated for both assessment and
cash deposit purposes.
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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.
This new shipper review and this
notice are published in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the
Act.
Dated: July 19, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–14461 Filed 7–25–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Western Alaska
Community Development Quota
Program
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before September 24,
2007.
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Patsy A. Bearden, (907) 586–
7008 or patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Abstract
The Community Development Quota
(CDQ) program is implemented under
the Magnuson Stevens Fishery
Conservation and Management Act, the
Fishery Management Plan for the
Groundfish Fishery of the Bering Sea
and Aleutian Islands, and regulations at
50 CFR part 679. The purpose of the
CDQ program is to allocate a portion of
the quotas for groundfish, Pacific
halibut, crab, and prohibited species in
the Bering Sea and Aleutian Islands
Management Area to Western Alaska
communities so that these communities
can start and support regionally-based,
commercial seafood or other fisheriesrelated businesses. Under the CDQ
program, 65 eligible Western Alaska
communities have organized into six
separate CDQ groups. The CDQ groups
have incorporated under Alaska law as
nonprofit corporations.
CDQ and prohibited species quota
(PSQ) allocations are made to CDQ
groups. However, in many cases the
CDQ groups contract with existing
fishing vessels and processors to harvest
CDQ on their behalf. The CDQ group is
responsible to monitor the catch of CDQ
and PSQ by all vessels fishing under its
Community Development Plan and to
take the necessary action to prevent
overages. National Marine Fisheries
Service (NMFS) monitors the reported
catch to assure that quotas are not being
exceeded.
II. Method of Collection
Paper reports and plans, and the
method of submittal are through the
U.S. mail.
III. Data
OMB Number: 0648–0269.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Not-for-profit
institutions, and business or other forprofit organizations.
Estimated Number of Respondents:
93.
Estimated Time Per Response: 520
hours for Community Development
Plan; 20 hours for Annual Budget
Report; 8 hours for Annual Budget
Reconciliation Report; 40 hours for
Substantial Amendment; 8 hours for
Technical Amendment; 30 minutes for
CDQ or PSQ Transfer Request; 1 hour
for Request for Approval or Removal of
an Eligible Vessel; 4 hours for
Alternative Fishing Plan; 2 minutes for
Prior Notice to Shoreside Observers; and
2 minutes for Prior Notice to Vessel
Observers.
Estimated Total Annual Burden
Hours: 3,470.
E:\FR\FM\26JYN1.SGM
26JYN1
]]>Agencies
[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Pages 41058-41061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14461]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp from the People's Republic of
China: Preliminary Notice of Intent to Rescind Antidumping Duty New
Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is currently
conducting the semi-annual 2006 new shipper review of the antidumping
duty order on certain frozen warmwater shrimp (``shrimp'') from the
People's Republic of China (``PRC''). We preliminarily determine that
Maoming Changxing Foods Co., Ltd. (``Maoming Changxing'') has failed to
demonstrate its eligibility for a separate rate in this new shipper
review. Therefore, we have preliminarily determined that this new
shipper review should be rescinded. Interested parties are invited to
comment on this preliminary notice of intent to rescind.
EFFECTIVE DATE: July 26, 2007.
FOR FURTHER INFORMATION CONTACT: Anya Naschak, 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) 482-6375.
SUPPLEMENTARY INFORMATION:
Background
The Department received a timely request from Maoming Changxing, in
accordance with 19 CFR 351.214(c), for a new shipper review of the
antidumping duty order on shrimp from the PRC.
On September 22, 2006, the Department found that the request for
review with respect to Maoming Changxing met all of the regulatory
requirements set forth in 19 CFR 351.214(b) and initiated an
antidumping duty new shipper review covering the period February 1,
2006, through July 31, 2006. See Certain Frozen Warmwater Shrimp from
the People's Republic of China: Initiation of New Shipper Review, 71 FR
57469 (September 29, 2006) (``Initiation Notice'').
On March 13, 2007, the Department extended the deadline for the
preliminary results of the new shipper review until July 19, 2007. See
Notice of Extension of the Preliminary Results of Antidumping Duty New
Shipper Review: Certain Frozen Warmwater Shrimp from thePeople's
Republic of China, 72 FR 11324 (March 13, 2007).
On September 27, 2006, we issued an antidumping duty questionnaire
to Maoming Changxing. See Letter to Maoming Changxing from Christopher
Riker, dated September 27, 2006. On October 12, 2006, the Department
placed on the record of this review U.S. Customs and Border Protection
(``CBP'') documentation from Maoming Changxing's shipment to the United
States during the period of review (``POR''). See Memorandum to the
File: Certain Frozen Warmwater Shrimp from the People's Republic of
China: Entry Package(s) from U.S. Customs and Border Protection
(``CBP''), dated October 12, 2006 (``Entry Documents Memo''). On
October 25, 2006, Maoming Changxing responded to section A of the
Department's questionnaire. On November 21, 2006, the Department
received Maoming Changxing's response to sections C and D, and
importer-specific questionnaire response. Between December 5, 2006, and
May 1, 2007, the Department issued supplemental section A, C, D, and
importer-specific questions to Maoming Changxing, and received
responses to these questionnaires between December 29, 2006, and May
10, 2007.
On April 2, 2007, the Department provided parties with an
opportunity to submit publicly available information
[[Page 41059]]
on surrogate countries and surrogate values for consideration in these
preliminary results. See Letter to All Interested Parties from
Christopher D. Riker: Antidumping Duty New Shipper Review of Certain
Frozen Warmwater Shrimp from the People's Republic of China: Letter
enclosing the Office of Policy List of Economically Comparable
Countries and Schedule for Comments on Surrogate Country, dated April
2, 2007. The Department did not receive any comments on surrogate
country or surrogate values from any interested party in this new
shipper review.
Period of Review
The POR for this new shipper review is February 1, 2006, through
July 31, 2006.
Verification
The Department conducted verification of Maoming Changxing's
questionnaire responses between May 21, 2007, and May 23, 2007, at
Maoming Changxing's facility in Maoming, Guangdong, PRC. We used
standard verification procedures, including on-site inspection of the
exporter's manufacturing and sales facilities, and examination of
relevant sales and financial records. Our verification results are
outlined in the verification report. For a further discussion, see
Memorandum to the File from Anya L. Naschak and Michael Holton:
Verification of the Questionnaire Responses of Maoming Changxing Foods
Co., Ltd. in the Antidumping New Shipper Review of Certain Frozen
Warmwater Shrimp from the People's Republic of China, dated July 19,
2007 (``Maoming Changxing Verification Report''). The verification
results are on file in the main Department of Commerce building, in the
Central Records Unit, Room B-099.
Scope of Order
The scope of this order includes certain frozen warmwater shrimp
and prawns, whether wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off, deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
The frozen warmwater shrimp and prawn products included in the
scope of this investigation, regardless of definitions in the
Harmonized Tariff Schedule of the United States (``HTS''), are products
which are processed from warmwater shrimp and prawns through freezing
and which are sold in any count size.
The products described above may be processed from any species of
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally
classified in, but are not limited to, the Penaeidae family. Some
examples of the farmed and wild-caught warmwater species include, but
are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris), southern white shrimp
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of this investigation. In addition,
food preparations, which are not ``prepared meals,'' that contain more
than 20 percent by weight of shrimp or prawn are also included in the
scope of this investigation.
Excluded from the scope are: (1) Breaded shrimp and prawns ( HTS
subheading 1605.20.10.20); (2) shrimp and prawns generally classified
in the Pandalidae family and commonly referred to as coldwater shrimp,
in any state of processing; (3) fresh shrimp and prawns whether shell-
on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4)
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5)
dried shrimp and prawns; (6) Lee Kum Kee's shrimp sauce; (7) canned
warmwater shrimp and prawns (HTS subheading 1605.20.10.40); (8) certain
dusted shrimp; and (9) certain battered shrimp. Dusted shrimp is a
shrimp-based product: (1) That is produced from fresh (or thawed-from-
frozen) and peeled shrimp; (2) to which a ``dusting'' layer of rice or
wheat flour of at least 95 percent purity has been applied; (3) with
the entire surface of the shrimp flesh thoroughly and evenly coated
with the flour; (4) with the non-shrimp content of the end product
constituting between four and 10 percent of the product's total weight
after being dusted, but prior to being frozen; and (5) that is
subjected to individually quick frozen (``IQF'') freezing immediately
after application of the dusting layer. Battered shrimp is a shrimp-
based product that, when dusted in accordance with the definition of
dusting above, is coated with a wet viscous layer containing egg and/or
milk, and par-fried.
The products covered by this investigation are currently classified
under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40,
1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this investigation
is dispositive.
Preliminary Intent to Rescind
Concurrent with this notice, the Department is issuing a memorandum
detailing our analysis of the information on the record of this
proceeding with respect to Maoming Changxing's ownership and
affiliations. See Memorandum to James C. Doyle: Intent to Rescind the
New Shipper Review of Maoming Changxing Foods Co., Ltd. in the
Antidumping New Shipper Review of Certain Frozen Warmwater Shrimp from
the People's Republic of China, dated July 19, 2007 (``Prelim
Rescission Memo'').
We have considered whether Maoming Changxing is eligible for a
separate rate. The Department's separate-rate test is not concerned, in
general, with macroeconomic/border-type controls, e.g., export
licenses, quotas, and minimum export prices, particularly if these
controls are imposed to prevent dumping. Rather, the test focuses on
controls over the investment, pricing, and output decision-making
process at the individual firm level. See Notice of Final Determination
of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel
Plate from Ukraine, 62 FR 61754, 61757 (November 19, 1997), and Tapered
Roller Bearings and Parts Thereof, Finished and Unfinished, From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 62 FR 61276, 61279 (November 17, 1997).
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject merchandise under a test arising from 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
Notice of Final Determination of Sales at Less Than
[[Page 41060]]
Fair Value: Silicon Carbide from the People's Republic of China, 59 FR
22585 (May 2, 1994) (``Silicon Carbide''), 59 FR at 22586-87. In
accordance with the separate-rates criteria, the Department assigns
separate rates in NME cases only if respondents can demonstrate the
absence of both de jure and de facto governmental control over export
activities.
In proceedings involving NME countries, the Department begins with
a rebuttable presumption that all companies within the country are
subject to government control and thus should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of merchandise subject to investigation in an NME country
this single rate unless an exporter can demonstrate that it is
sufficiently independent so as to be entitled to a separate rate. As
explained below, due to Maoming Changxing's failure to provide
verifiable information with respect to its ownership and affiliations,
it has not provided the information necessary for the Department to
examine whether Maoming Changxing operates independently of de facto
government control. Therefore, Maoming Changxing does not satisfy the
standards for the assignment of a separate rate.
In its questionnaire responses, Maoming Changxing provided
information to the Department regarding its corporate structure,
ownership, affiliations with other entities, and its export sales
negotiation process. However, as discussed in detail in the Prelim
Rescission Memo, critical information submitted on the record of this
proceeding by Maoming Changxing could not be verified. Specifically,
the Department could not verify the information submitted on the record
of this new shipper review regarding Maoming Changxing's ownership due
to its failure to document the transfer of incorporating capital into
Maoming Changxing from its claimed parent companies or ultimate owners.
Maoming Changxing also failed to provide the Department with a complete
and official version of the capital verification report of one of its
claimed parent companies. Further, Maoming Changxing withheld
specifically requested information concerning the existence of an
affiliated company. In addition, Maoming Changxing's statements on the
record of this proceeding with respect to the source of Maoming
Changxing's incorporating capital and the financial interests of
various owners were found to be inaccurate at verification. See Maoming
Changxing Verification Report and Prelim Rescission Memo. As a result,
Maoming Changxing has not affirmatively proven that it is free from de
facto government control. Specifically, Maoming Changxing's ownership
could not be verified and the information submitted on the record with
respect to Maoming Changxing's affiliations could not be verified,
thereby precluding the Department from conducting an accurate separate
rates analysis. Due to the proprietary nature of these issues, we
cannot discuss them in detail in this notice. See Prelim Rescission
Memo for a further discussion.\1\
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\1\ In addition, the Department found at verification
information contrary to Maoming Changxing's description of the sales
negotiation and sales execution process, which, if a separate rates
test were conducted, calls into question the de facto absence of
government control over Maoming Changxing's export activities.
However, due to Maoming Changxing's failure to substantiate its
ownership and affiliations, these issues are not separately
addressed in this notice. See also Prelim Rescission Memo.
---------------------------------------------------------------------------
Because of deficiencies between Maoming Changxing's responses and
the information discovered at verification, the Department was unable
to verify information concerning Maoming Changxing's formation and
ownership. As a result, and consistent with the Department's
determinations in prior cases, where the Department is unable to verify
information submitted regarding a company's formation and ownership,
that information cannot serve as the basis for the Department's
determination regarding the company's eligibility for a separate rate.
See Porcelain-on-Steel Cooking Ware from the People's Republic of
China: Notice of Final Results of Antidumping Duty Administrative
Review, 71 FR 24641 (April 26, 2006), and accompanying Issues and
Decision Memorandum (``POS Cookware I&D Memo'') at Comment 1.
Therefore, the Department is unable to conduct a separate rates test.
Because Maoming Changxing chose not to disclose the existence of an
affiliated company (see Prelim Rescission Memo), and because
discrepancies in Maoming Changxing's disclosed corporate structure were
not discovered until verification, the Department was not able to ask
supplemental questions or consider this entity's relationship with the
PRC government. In fact, as noted in the POS Cookware I&D Memo at
Comment 1, ``it is fundamental that the Department be presented with
all of the details of a respondent's corporate structure to adequately
determine whether the entity qualifies for a separate rate.'' Further,
in this case, despite numerous supplemental questions by the Department
regarding Maoming Changxing's corporate structure and affiliation,
Maoming Changxing failed to notify the Department of the existence of
any inaccuracies in information it reported to the Department or seek
guidance on the applicable reporting requirements, as contemplated in
section 782(c)(1) of the Act.
Therefore, because the Department was unable to determine the
actual owners of Maoming Changxing, the Department was unable to
determine: (1) whether the export prices are set by or are subject to
the approval of a governmental agency; (2) whether the respondent has
authority to negotiate and sign contracts and other agreements; (3)
whether the respondent has autonomy from the government in making
decisions regarding the selection of management; and (4) whether the
respondent retains the proceeds of its export sales and makes
independent decisions regarding disposition of profits or financing of
losses. See Silicon Carbide, 59 FR at 22587; see also Notice of Final
Determination of Sales at Less Than Fair Value: Furfuryl Alcohol From
the People's Republic of China, 60 FR 22544, 22545 (May 8, 1995).
Accordingly, as Maoming Changxing did not demonstrate that it was
eligible for a separate rate, the Department will continue to consider
Maoming Changxing part of the NME entity. Further, with respect to
Maoming Changxing's qualifications as a new shipper, because the
reported information with respect to its affiliated entities could not
be verified, the Department was precluded from conducting a meaningful
analysis to determine whether Maoming Changxing or its affiliated
companies had not exported or produced the subject merchandise to the
United States during the period of investigation pursuant to section
751(a)(2)(B)(i)(II) of the Act. Consistent with the Department's
practice, we have therefore determined that Maoming Changxing does not
qualify as a new shipper under section 351.214(a) of the Department's
regulations because it is part of an entity that shipped during the
original period of investigation. Accordingly, we intend to rescind the
new shipper review. See, e.g., Freshwater Crawfish Tail Meat From the
People's Republic's of China: Rescission of New Shipper Reviews, 72 FR
26782 (May 11, 2007); 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).
[[Page 41061]]
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 19 CFR 351.309(c)(ii). 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. See 19 CFR 351.309(d).
Any interested party may request a hearing within 30 days of
publication of this notice in accordance with 19 CFR 351.310(c). 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 NW, 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 or final rescission 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
At the completion of this new shipper review, if a final rescission
notice is published, a cash deposit of 112.81 percent ad valorem shall
be collected for any entries produced and exported by Maoming
Changxing. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of these final results of
review. Should the Department reach a final result other than a
rescission, an appropriate antidumping duty rate will be calculated for
both assessment and cash deposit purposes.
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.
This new shipper review and this notice are published in accordance
with sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: July 19, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-14461 Filed 7-25-07; 8:45 am]
BILLING CODE 3510-DS-S
