Freshwater Crawfish Tail Meat from the People's Republic of China: Rescission of Antidumping Duty Administrative Review in Part, 13497-13498 [2010-6267]

Download as PDF Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices highest rate from any segment of this administrative proceeding (i.e., the rate of 329.94 percent), is in accord with section 776(c) of the Act, which requires that secondary information be corroborated. Thus, the Department finds that the LTFV investigation rate is corroborated for the purposes of this administrative review and may reasonably be applied to the PRC–wide entity based on Kaifeng’s failure to cooperate to the best of its ability in this administrative review. Preliminary Results of the Review pwalker on DSK8KYBLC1PROD with NOTICES We preliminarily find that the following weighted–average dumping margin exists for the period July 1, 2008, through June 30, 2009: Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. If these preliminary results are adopted in our final results, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments Manufacturer/Exporter Margin (Percent) of the subject merchandise entered, or PRC–Wide Entity* ........ 329.94 withdrawn from warehouse, for consumption on or after the publication *The PRC–entity includes Kaifeng Xinhua date, as provided for by section Fine Chemical Factory 751(a)(2)(C) of the Act: (1) for the PRC– wide entity (which includes Kaifeng), Public Comment the cash deposit rate will be the PRC– Interested parties are invited to wide rate established in the final results comment on the preliminary results and of review; (2) for previously investigated may submit case briefs and/or written or reviewed PRC and non–PRC comments within ten days of the date of exporters not listed above that have publication of this notice. See 19 CFR separate rates, the cash deposit rate will 351.309(c). Rebuttal briefs and rebuttals continue to be the exporter–specific rate to written comments, limited to issues published for the most recent period; (3) raised in such briefs or comments, may for all PRC exporters of subject be filed no later than five days after the merchandise that have not been found time limit for filing the case briefs. See to be entitled to a separate rate, the cash 19 CFR 351.309(d). The Department deposit rate will be the PRC–wide rate requests that parties submitting written of 329.94 percent; and (4) for all non– comments provide an executive PRC exporters of subject merchandise summary and a table of authorities as which have not received their own rate, well as an additional copy of those the cash deposit rate will be the rate comments electronically. applicable to the PRC exporters that supplied that non–PRC exporter. These Any interested party may request a deposit requirements, when imposed, hearing within ten days of publication shall remain in effect until further of this notice. See 19 CFR 351.310(c). notice. Hearing requests should contain the following information: (1) the party’s Notification to Importers name, address, and telephone number; (2) the number of participants; and (3) This notice also serves as a a list of the issues to be discussed. Oral preliminary reminder to importers of presentations will be limited to issues their responsibility under 19 CFR raised in the briefs. If a request for a 351.402(f)(2) to file a certificate hearing is made, parties will be notified regarding the reimbursement of of the time and date for the hearing to antidumping duties prior to liquidation be held at the U.S. Department of of the relevant entries during this Commerce, 14th Street and Constitution review period. Failure to comply with Avenue, NW, Washington, DC 20230. this requirement could result in the See 19 CFR 351.310(d). Secretary’s presumption that reimbursement of antidumping duties The Department will issue the final occurred and the subsequent assessment results of this administrative review, of double antidumping duties. which will include its analysis of any written comments, no later than 120 These preliminary results of review days after the publication date of these are issued and published in accordance preliminary results. See 19 CFR with sections 751(a)(1) and 777(i)(1) of 351.213(h). the Act, and 19 CFR 351.221(b)(4). VerDate Nov<24>2008 16:41 Mar 19, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 13497 Dated: March 16, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–6295 Filed 3–19–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Freshwater Crawfish Tail Meat from the People’s Republic of China: Rescission of Antidumping Duty Administrative Review in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on freshwater crawfish tail meat (crawfish) from the People’s Republic of China (PRC) with respect to China Kingdom (Beijing) Import & Export Co., Ltd., Shanghai Ocean Flavor International Trading Co., Ltd., Xiping Opeck Food Co., Ltd., Xuzhou Jinjiang Foodstuffs Co., Ltd., and Yancheng Hi–King Agriculture Developing Co., Ltd. (Yancheng Hi– King). The period of review is September 1, 2008, through August 31, 2009. The Department is rescinding the review with respect to Yancheng Hi– King. EFFECTIVE DATE: March 22, 2010. FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/ CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3683 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: Background On September 15, 1997, we published in the Federal Register an antidumping duty order on crawfish from the PRC. See Notice of Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish Tail Meat From the People’s Republic of China, 62 FR 48218 (September 15, 1997). On September 1, 2009, we published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on crawfish from the PRC. See Antidumping or Countervailing Duty Order, Finding, or E:\FR\FM\22MRN1.SGM 22MRN1 13498 Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices Suspended Investigation; Opportunity to Request Administrative Review, 74 FR 45179 (September 1, 2009). On September 30, 2009, pursuant to section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the petitioner, the Crawfish Processors Alliance, requested an administrative review of the order with respect to, among others, Yancheng Hi– King, an exporter of crawfish from the PRC. On October 26, 2009, in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we published a notice of initiation of an administrative review of the order. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 FR 54956 (October 26, 2009). Rescission of Review in Part In accordance with 19 CFR 351.213(d)(1), the Department will rescind an administrative review, ‘‘in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ We received a notice of withdrawal from the petitioner with respect to the review requested of Yancheng Hi–King within the 90-day time limit. See letter from the petitioner dated January 25, 2010. Because we received no other requests for review of Yancheng Hi–King, we are rescinding the review of the order with respect to Yancheng Hi–King. This rescission is in accordance with 19 CFR 351.213(d)(1). The Department intends to issue appropriate assessment instructions to U.S. Customs and Border Protection 15 days after publication of this notice. pwalker on DSK8KYBLC1PROD with NOTICES Notification to Importer This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice is published in accordance with section 777(i)(1) of the Act and 19 CFR 351.213(d)(4). VerDate Nov<24>2008 16:41 Mar 19, 2010 Jkt 220001 Dated: March 10, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–6267 Filed 3–19–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XS23 Small Takes of Marine Mammals Incidental to Specified Activities; Dumbarton Bridge Seismic Retrofit Project, California AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental take authorization. SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the California Department of Transportation (Caltrans) allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving associated with the Dumbarton Bridge Seismic Retrofit Project. DATES: Effective August 15, 2010, through August 14, 2011. ADDRESSES: A copy of the IHA and the application are available by writing to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225 or by telephoning the contact listed here. A copy of the application containing a list of the references used in this document may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: https://www.nmfs.noaa.gov/ pr/permits/incidental.htm#applications. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected Resources, NMFS, 301–713–2289. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: ‘‘any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].’’ Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ’’...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Section 101(a)(5)(D) establishes a 45– day time limit for NMFS review of an application followed by a 30–day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization. Summary of Request On April 17, 2009, NMFS received a request from Caltrans to harass marine mammals incidental to the Dumbarton Bridge Seismic Retrofit Project. NMFS issued a notice in the Federal Register E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13497-13498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6267]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Rescission of Antidumping Duty Administrative Review in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) initiated an administrative 
review of the antidumping duty order on freshwater crawfish tail meat 
(crawfish) from the People's Republic of China (PRC) with respect to 
China Kingdom (Beijing) Import & Export Co., Ltd., Shanghai Ocean 
Flavor International Trading Co., Ltd., Xiping Opeck Food Co., Ltd., 
Xuzhou Jinjiang Foodstuffs Co., Ltd., and Yancheng Hi-King Agriculture 
Developing Co., Ltd. (Yancheng Hi-King). The period of review is 
September 1, 2008, through August 31, 2009. The Department is 
rescinding the review with respect to Yancheng Hi-King.

EFFECTIVE DATE: March 22, 2010.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3683 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 1997, we published in the Federal Register an 
antidumping duty order on crawfish from the PRC. See Notice of 
Amendment to Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Freshwater Crawfish Tail Meat From the People's 
Republic of China, 62 FR 48218 (September 15, 1997). On September 1, 
2009, we published in the Federal Register a notice of opportunity to 
request an administrative review of the antidumping duty order on 
crawfish from the PRC. See Antidumping or Countervailing Duty Order, 
Finding, or

[[Page 13498]]

Suspended Investigation; Opportunity to Request Administrative Review, 
74 FR 45179 (September 1, 2009). On September 30, 2009, pursuant to 
section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213(b), the petitioner, the Crawfish Processors Alliance, 
requested an administrative review of the order with respect to, among 
others, Yancheng Hi-King, an exporter of crawfish from the PRC. On 
October 26, 2009, in accordance with section 751(a) of the Act and 19 
CFR 351.221(c)(1)(i), we published a notice of initiation of an 
administrative review of the order. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 74 FR 54956 (October 26, 2009).

Rescission of Review in Part

    In accordance with 19 CFR 351.213(d)(1), the Department will 
rescind an administrative review, ``in whole or in part, if a party 
that requested a review withdraws the request within 90 days of the 
date of publication of notice of initiation of the requested review.'' 
We received a notice of withdrawal from the petitioner with respect to 
the review requested of Yancheng Hi-King within the 90-day time limit. 
See letter from the petitioner dated January 25, 2010. Because we 
received no other requests for review of Yancheng Hi-King, we are 
rescinding the review of the order with respect to Yancheng Hi-King. 
This rescission is in accordance with 19 CFR 351.213(d)(1). The 
Department intends to issue appropriate assessment instructions to U.S. 
Customs and Border Protection 15 days after publication of this notice.

Notification to Importer

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice is published in accordance with section 777(i)(1) of 
the Act and 19 CFR 351.213(d)(4).

    Dated: March 10, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-6267 Filed 3-19-10; 8:45 am]
BILLING CODE 3510-DS-S