Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative and New-Shipper Reviews, 79337-79339 [2010-31882]

Download as PDF Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–848] Freshwater Crawfish Tail Meat From the People’s Republic of China: Final Results of Antidumping Duty Administrative and New-Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 16, 2010, the Department of Commerce published the preliminary results of the administrative and new-shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (PRC). The reviews cover five exporters. The period of review is September 1, 2008, through August 31, 2009. Based on our analysis of the comments received, we have made changes in the margin calculations for all companies. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of the Reviews.’’ DATES: Effective Date: December 20, 2010. AGENCY: FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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) 482–0665 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: jlentini on DSKJ8SOYB1PROD with NOTICES Background On June 16, 2010, the Department of Commerce (the Department) published Freshwater Crawfish Tail Meat From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative and New-Shipper Reviews, 75 FR 34100 (June 16, 2010) (Preliminary Results), in the Federal Register. The administrative review covers Xiping Opeck Food Co., Ltd. (Xiping Opeck), Shanghai Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean Flavor), China Kingdom (Beijing) Import & Export Co., Ltd. (China Kingdom), and Xuzhou Jinjiang Foodstuffs Co., Ltd. (Jinjiang). The new-shipper review covers Nanjing Gemsen International Co., Ltd. (Nanjing Gemsen). We invited interested parties to comment on the Preliminary Results. VerDate Mar<15>2010 17:18 Dec 17, 2010 Jkt 223001 On June 22, 2010, the Department placed export and wage-rate data on the record for comment following the recent decision in Dorbest Limited et. al. v. United States, 604 F.3d 1363 (CAFC 2010) (Dorbest IV), issued by the United States Court of Appeals for the Federal Circuit (CAFC) on May 14, 2010, regarding the Department’s wage-rate methodology. On July 2, 2010, and July 15, 2010, Jinjiang submitted certain factual information with respect to the valuation of surrogate values (SVs). On July 3, 2010, Xiping Opeck, Shanghai Ocean Flavor, China Kingdom, and Nanjing Gemsen submitted additional factual information. We received case briefs from Xiping Opeck, Shanghai Ocean Flavor, China Kingdom, Nanjing Gemsen, Jinjiang, and the petitioner, the Crawfish Processors Alliance. We received a rebuttal brief from the petitioner. Interested parties submitted comments regarding the June 22, 2010, wage-rate data in their case and rebuttal briefs. No interested party requested a hearing. On July 16 and August 4, 2010, we placed additional information on the record concerning the valuation of wage rates and invited parties to comment. On August 11, 2010, the petitioner provided comments. On October 5, 2010, we placed on the record industryspecific labor-wage data and the wagerate calculations and invited interested parties to comment. We did not receive any timely comments on the additional information. On October 13, 2010, we extended the time limit for completion of the final results of these reviews from October 14, 2010, to December 13, 2010. See Freshwater Crawfish Tail Meat From the People’s Republic of China: Extension of the Final Results of Antidumping Duty Administrative and New-Shipper Reviews, 75 FR 64249 (October 19, 2010). The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The product covered by the antidumping duty order is freshwater crawfish tail meat, in all its forms (whether washed or with fat on, whether purged or un-purged), 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. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 79337 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 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 the order is dispositive. Surrogate Country In the Preliminary Results, we treated the PRC as a non-market-economy (NME) country and, therefore, we calculated normal value in accordance with section 773(c) of the Act. Also, we stated that we selected India 1 as the appropriate surrogate country to use in these reviews because it is a significant producer of merchandise comparable to subject merchandise and it is at a level of economic development comparable to the PRC, pursuant to section 773(c)(4) of the Act. See Preliminary Results, 75 FR at 34102. No interested party commented on our designation of the PRC as an NME country or the selection of India as the primary surrogate country. Therefore, for the final results of reviews, we have continued to treat the PRC as an NME country and have used the same primary surrogate country, India. Separate Rates 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 assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to review 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. In the Preliminary Results, we found that Xiping Opeck, Shanghai Ocean Flavor, China Kingdom, Jinjiang, and Nanjing Gemsen demonstrated their eligibility for separate-rate status. See Preliminary Results, 75 FR at 34102– 1 We have selected India as the primary surrogate country in which to value all inputs with the exception of live crawfish, the primary input, and the by-product, crawfish scrap shell. See Preliminary Results, 75 FR at 34102, for a discussion regarding the valuation of live crawfish and the selection of Indonesia as the secondary surrogate country. E:\FR\FM\20DEN1.SGM 20DEN1 79338 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices 34103. We received no comments from interested parties regarding the separaterate status of these companies. Therefore, in these final results of reviews, we continue to find that the evidence placed on the record of these reviews by Xiping Opeck, Shanghai Ocean Flavor, China Kingdom, Jinjiang, and Nanjing Gemsen demonstrates an absence of government control, both in law and in fact, with respect to these companies’ exports of the subject merchandise. Thus, we have determined that Xiping Opeck, Shanghai Ocean Flavor, China Kingdom, Jinjiang, and Nanjing Gemsen are eligible to receive a separate rate. Analysis of Comments Received The issues raised in the case briefs in these reviews are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memo) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated concurrently with and hereby adopted by this notice. A list of the issues which the parties have raised and to which we have responded is in the Decision Memo and attached to this notice as an Appendix. The Decision Memo, which is a public document, is on file in the CRU of the main Department of Commerce building, Room 7046, and is accessible on the Web at https://ia.ita.doc.gov/frn/ index.html. The paper copy and electronic version of the Decision Memo are identical in content. jlentini on DSKJ8SOYB1PROD with NOTICES Changes Since the Preliminary Results We have revised the wage-rate methodology and the surrogate value for cold storage applicable to finished merchandise. For further details see the Decision Memo at Comments 1 and 2, respectively; see also Memorandum to the File entitled ‘‘Fresh Crawfish Tail Meat from the People’s Republic of China: Surrogate-Factor Valuations for the Final Results,’’ dated concurrently with this notice (Final SV Memo). Because of the changes identified above, the antidumping duty margin calculations for all reviewed companies have changed since publication of the Preliminary Results. Wage-Rate Methodology On May 14, 2010, the CAFC found in Dorbest IV, 604 F.3d at 1366, that the ‘‘{regression-based} method for calculating wage rates {as stipulated by 19 CFR 351.408(c)(3)} uses data not permitted by {the statutory requirements laid out in section 773 of the Act (i.e., 19 U.S.C. 1677b(c))}* * *.’’ VerDate Mar<15>2010 19:23 Dec 17, 2010 Jkt 223001 The Department is continuing to evaluate options for determining labor values in light of the recent CAFC decision. For these final results, however, we have calculated an hourly wage rate to use in valuing the respondents’ reported labor input by averaging industry-specific earnings and/or wages in countries that are economically comparable to the PRC and that are significant producers of comparable merchandise. For the final results of these reviews, we are valuing labor using a simpleaverage industry-specific wage rate using earnings or wage data reported under Chapter 5B by the International Labor Organization (ILO). To achieve an industry-specific labor value, we relied on industry-specific labor data from the countries we determined to be both economically comparable to the PRC and significant producers of comparable merchandise. A full description of the industry-specific wage-rate calculation methodology is provided in the memorandum to the file entitled ‘‘Freshwater Crawfish Tail Meat from the People’s Republic of China: Industry-Specific Wage-Rate Selection,’’ dated October 5, 2010 (WageCalculation Memo). See Final SV Memo as well. The Department calculated a simple-average industry-specific wage rate of $1.38 for these final results. Specifically, for these reviews, the Department has calculated the wage rate using a simple average of the data provided to the ILO under SubClassification 15 of the ISIC–Revision 3 standard by countries determined to be both economically comparable to the PRC and significant producers of comparable merchandise. We find the two-digit description under ISIC– Revision 3 (‘‘Manufacture of food products and beverages’’) to be the best available wage-rate SV on the record because it is specific and derived from industries that produce merchandise comparable to the subject merchandise. Consequently, we averaged the ILO industry-specific wage-rate data or earnings data available from the following countries found to be economically comparable to the PRC and which are significant producers of comparable merchandise: Ecuador, Egypt, Indonesia, Jordan, Peru, Philippines, Thailand, and Ukraine. For further information on the calculation of the wage rate, see Wage-Calculation Memo. For the full discussion pertaining to this issue, see the Decision Memo at Comment 1. Final Results of the Reviews As a result of the administrative review, we determine that the following PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 percentage weighted-average dumping margins exist for the period September 1, 2008, through August 31, 2009: Company Xiping Opeck Food Co., Ltd. ...... Shanghai Ocean Flavor International Trading Co., Ltd. ....... China Kingdom (Beijing) Import & Export Co., Ltd. ................... Xuzhou Jinjiang Foodstuffs Co., Ltd. .......................................... Margin (percent) 9.39 41.92 18.87 5.39 As a result of the new-shipper review, we determine that a weighted-average dumping margin of 12.37 percent exists for merchandise produced by Henan Baoshu Aquatic Products Co., Ltd. (Henan Baoshu), and exported by Nanjing Gemsen International Co., Ltd., for the period September 1, 2008, through August 31, 2009.2 Assessment In accordance with 19 CFR 351.212(b)(1), we have calculated importer-specific (or customer-specific) assessment rates for merchandise subject to these reviews. For these final results, we divided the total dumping margins (calculated as the difference between normal value and export price) for each of the respondents’ importers or customers by the total number of kilograms the exporter sold to that importer or customer. We will direct CBP to assess the resulting per-kilogram dollar amount against each kilogram of merchandise in each of that importer’s/ customer’s entries during the review period. We intend to issue assessment instructions to CBP 15 days after the date of publication of these final results of reviews. Cash-Deposit Requirements The following cash-deposit requirements will be effective upon publication of these final results of these reviews for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by Xiping Opeck, Shanghai Ocean Flavor, China Kingdom, and Jinjiang and for subject merchandise produced by Henan Baoshu and exported by Nanjing Gemsen, the cash-deposit rate will be 2 As we stated in the Preliminary Results, 75 FR at 34101, we determined that the sales of subject merchandise produced by Henan Baoshu and exported to the United States by Nanjing Gemsen during the period of review constitute bona-fide transactions subject to the new-shipper review. E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices the rate established in these final results of reviews, as listed above; 3 (2) for previously reviewed or investigated companies not listed above that have separate rates, the cash-deposit rate will continue to be the company-specific rate published for the most recent period; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash-deposit rate will be PRC-wide rate of 223.01 percent; (4) for all nonPRC exporters of subject merchandise the cash-deposit rate will be the rate applicable to the PRC entity that supplied that exporter. These deposit requirements shall remain in effect until further notice. Notifications This notice also 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. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: December 13, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. jlentini on DSKJ8SOYB1PROD with NOTICES Appendix 1. Valuation of Labor. 2. Valuation of Cold Storage. 3. Valuation of Live Crawfish. 4. Filing of New Factual Information. [FR Doc. 2010–31882 Filed 12–17–10; 8:45 am] BILLING CODE 3510–DS–P 3 For subject merchandise exported by Nanjing Gemsen but not produced by Henan Baoshu, the cash-deposit rate will be the PRC-wide rate. VerDate Mar<15>2010 19:23 Dec 17, 2010 Jkt 223001 DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 20, 2010. SUMMARY: The Department of Commerce (‘‘Department’’) hereby publishes a list of scope rulings completed between April 1, 2010, and June 30, 2010. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2010. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations, China/ NME Group, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 202– 482–1394. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department’s regulations provide that the Secretary will publish in the Federal Register a list of scope rulings on a quarterly basis. See 19 CFR 351.225(o). Our most recent notification of scope rulings was published on August 25, 2010. See Notice of Scope Rulings, 75 FR 52311 (August 25, 2010). This current notice covers all scope rulings and anticircumvention determinations completed by Import Administration between April 1, 2010, and June 30, 2010, inclusive, and it also lists any scope or anticircumvention inquiries pending as of June 30, 2010. As described below, subsequent lists will follow after the close of each calendar quarter. Scope Rulings Completed Between April 1, 2010, and June 30, 2010: People’s Republic of China A–570–502: Iron Construction Castings From the People’s Republic of China Requestor: National Diversified Sales; its grates and frames are outside the scope of the antidumping duty order; April 16, 2010. A–570–891: Hand Trucks From the People’s Republic of China Requestor: PelRay International LLC; its Janitor Cart, Large Dinner Trolleys (model nos. D–012 and D–012A) and Small Dinner Trolleys (model nos. D– 013 and D–013A) are outside the scope PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 79339 of the antidumping duty order; April 12, 2010. A–570–891: Hand Trucks From the People’s Republic of China Requestor: Northern Tool & Equipment Co.; its high-axle torch cart (item #164771) is outside the scope of the antidumping duty order; June 1, 2010. A–570–899: Artist Canvas From the People’s Republic of China Requestor: Wuxi Phoenix Artist Materials Co., Ltd.; its framed artist canvas is not within the scope of the antidumping duty order; May 13, 2010. A–570–909: Steel Nails From the People’s Republic of China Requestor: Itochu Building Products; its plastic cap steel nails are within the scope of the antidumping duty order; May 12, 2010. A–570–941/C–570–942: Kitchen Appliance Shelving and Racks From the People’s Republic of China Requestor: Custom BioGenic Systems, Inc.; its inventory control racks are outside the scope of the antidumping duty and countervailing orders; April 1, 2010. A–570–918: Steel Wire Garment Hangers From the People’s Republic of China Requestor: Target Corporation; its chrome-plated accessory hangers are outside the scope of the antidumping duty order; May 12, 2010. Germany A–428–801: Ball Bearings and Parts Thereof From Germany Requestor: Schaeffler Group; its ball roller bearings are within the scope of the antidumping duty order; May 11, 2010. Anticircumvention Determinations Completed Between April 1, 2010, and June 30, 2010: None. Scope Inquiries Terminated Between April 1, 2010, and June 30, 2010: None. Anticircumvention Inquiries Terminated Between April 1, 2010, and June 30, 2010: None. Scope Inquiries Pending as of June 30, 2010: Germany A–428–801: Ball Bearings and Parts From Germany Requestor: Myonic GmbH; whether its turbocharger spindle units are within the scope of the antidumping duty order; requested January 11, 2010; initiated April 16, 2010. E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79337-79339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31882]



[[Page 79337]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Final Results of Antidumping Duty Administrative and New-Shipper 
Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 16, 2010, the Department of Commerce published the 
preliminary results of the administrative and new-shipper reviews of 
the antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (PRC). The reviews cover five exporters. The 
period of review is September 1, 2008, through August 31, 2009.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations for all companies. Therefore, the 
final results differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the 
section entitled ``Final Results of the Reviews.''

DATES: Effective Date: December 20, 2010.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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-
0665 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 16, 2010, the Department of Commerce (the Department) 
published Freshwater Crawfish Tail Meat From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative and New-
Shipper Reviews, 75 FR 34100 (June 16, 2010) (Preliminary Results), in 
the Federal Register. The administrative review covers Xiping Opeck 
Food Co., Ltd. (Xiping Opeck), Shanghai Ocean Flavor International 
Trading Co., Ltd. (Shanghai Ocean Flavor), China Kingdom (Beijing) 
Import & Export Co., Ltd. (China Kingdom), and Xuzhou Jinjiang 
Foodstuffs Co., Ltd. (Jinjiang). The new-shipper review covers Nanjing 
Gemsen International Co., Ltd. (Nanjing Gemsen). We invited interested 
parties to comment on the Preliminary Results.
    On June 22, 2010, the Department placed export and wage-rate data 
on the record for comment following the recent decision in Dorbest 
Limited et. al. v. United States, 604 F.3d 1363 (CAFC 2010) (Dorbest 
IV), issued by the United States Court of Appeals for the Federal 
Circuit (CAFC) on May 14, 2010, regarding the Department's wage-rate 
methodology. On July 2, 2010, and July 15, 2010, Jinjiang submitted 
certain factual information with respect to the valuation of surrogate 
values (SVs). On July 3, 2010, Xiping Opeck, Shanghai Ocean Flavor, 
China Kingdom, and Nanjing Gemsen submitted additional factual 
information.
    We received case briefs from Xiping Opeck, Shanghai Ocean Flavor, 
China Kingdom, Nanjing Gemsen, Jinjiang, and the petitioner, the 
Crawfish Processors Alliance. We received a rebuttal brief from the 
petitioner. Interested parties submitted comments regarding the June 
22, 2010, wage-rate data in their case and rebuttal briefs. No 
interested party requested a hearing.
    On July 16 and August 4, 2010, we placed additional information on 
the record concerning the valuation of wage rates and invited parties 
to comment. On August 11, 2010, the petitioner provided comments. On 
October 5, 2010, we placed on the record industry-specific labor-wage 
data and the wage-rate calculations and invited interested parties to 
comment. We did not receive any timely comments on the additional 
information.
    On October 13, 2010, we extended the time limit for completion of 
the final results of these reviews from October 14, 2010, to December 
13, 2010. See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Extension of the Final Results of Antidumping Duty 
Administrative and New-Shipper Reviews, 75 FR 64249 (October 19, 2010).
    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Order

    The product covered by the antidumping duty order is freshwater 
crawfish tail meat, in all its forms (whether washed or with fat on, 
whether purged or un-purged), 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 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 the order is dispositive.

Surrogate Country

    In the Preliminary Results, we treated the PRC as a non-market-
economy (NME) country and, therefore, we calculated normal value in 
accordance with section 773(c) of the Act. Also, we stated that we 
selected India \1\ as the appropriate surrogate country to use in these 
reviews because it is a significant producer of merchandise comparable 
to subject merchandise and it is at a level of economic development 
comparable to the PRC, pursuant to section 773(c)(4) of the Act. See 
Preliminary Results, 75 FR at 34102. No interested party commented on 
our designation of the PRC as an NME country or the selection of India 
as the primary surrogate country. Therefore, for the final results of 
reviews, we have continued to treat the PRC as an NME country and have 
used the same primary surrogate country, India.
---------------------------------------------------------------------------

    \1\ We have selected India as the primary surrogate country in 
which to value all inputs with the exception of live crawfish, the 
primary input, and the by-product, crawfish scrap shell. See 
Preliminary Results, 75 FR at 34102, for a discussion regarding the 
valuation of live crawfish and the selection of Indonesia as the 
secondary surrogate country.
---------------------------------------------------------------------------

Separate Rates

    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 assigned a single 
antidumping duty deposit rate. It is the Department's policy to assign 
all exporters of merchandise subject to review 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.
    In the Preliminary Results, we found that Xiping Opeck, Shanghai 
Ocean Flavor, China Kingdom, Jinjiang, and Nanjing Gemsen demonstrated 
their eligibility for separate-rate status. See Preliminary Results, 75 
FR at 34102-

[[Page 79338]]

34103. We received no comments from interested parties regarding the 
separate-rate status of these companies. Therefore, in these final 
results of reviews, we continue to find that the evidence placed on the 
record of these reviews by Xiping Opeck, Shanghai Ocean Flavor, China 
Kingdom, Jinjiang, and Nanjing Gemsen demonstrates an absence of 
government control, both in law and in fact, with respect to these 
companies' exports of the subject merchandise. Thus, we have determined 
that Xiping Opeck, Shanghai Ocean Flavor, China Kingdom, Jinjiang, and 
Nanjing Gemsen are eligible to receive a separate rate.

Analysis of Comments Received

    The issues raised in the case briefs in these reviews are addressed 
in the ``Issues and Decision Memorandum'' (Decision Memo) from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration, dated concurrently with 
and hereby adopted by this notice. A list of the issues which the 
parties have raised and to which we have responded is in the Decision 
Memo and attached to this notice as an Appendix. The Decision Memo, 
which is a public document, is on file in the CRU of the main 
Department of Commerce building, Room 7046, and is accessible on the 
Web at https://ia.ita.doc.gov/frn/. The paper copy and 
electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    We have revised the wage-rate methodology and the surrogate value 
for cold storage applicable to finished merchandise. For further 
details see the Decision Memo at Comments 1 and 2, respectively; see 
also Memorandum to the File entitled ``Fresh Crawfish Tail Meat from 
the People's Republic of China: Surrogate-Factor Valuations for the 
Final Results,'' dated concurrently with this notice (Final SV Memo). 
Because of the changes identified above, the antidumping duty margin 
calculations for all reviewed companies have changed since publication 
of the Preliminary Results.

Wage-Rate Methodology

    On May 14, 2010, the CAFC found in Dorbest IV, 604 F.3d at 1366, 
that the ``{regression-based{time}  method for calculating wage rates 
{as stipulated by 19 CFR 351.408(c)(3){time}  uses data not permitted 
by {the statutory requirements laid out in section 773 of the Act 
(i.e., 19 U.S.C. 1677b(c)){time} * * *.'' The Department is continuing 
to evaluate options for determining labor values in light of the recent 
CAFC decision. For these final results, however, we have calculated an 
hourly wage rate to use in valuing the respondents' reported labor 
input by averaging industry-specific earnings and/or wages in countries 
that are economically comparable to the PRC and that are significant 
producers of comparable merchandise.
    For the final results of these reviews, we are valuing labor using 
a simple-average industry-specific wage rate using earnings or wage 
data reported under Chapter 5B by the International Labor Organization 
(ILO). To achieve an industry-specific labor value, we relied on 
industry-specific labor data from the countries we determined to be 
both economically comparable to the PRC and significant producers of 
comparable merchandise. A full description of the industry-specific 
wage-rate calculation methodology is provided in the memorandum to the 
file entitled ``Freshwater Crawfish Tail Meat from the People's 
Republic of China: Industry-Specific Wage-Rate Selection,'' dated 
October 5, 2010 (Wage-Calculation Memo). See Final SV Memo as well. The 
Department calculated a simple-average industry-specific wage rate of 
$1.38 for these final results. Specifically, for these reviews, the 
Department has calculated the wage rate using a simple average of the 
data provided to the ILO under Sub-Classification 15 of the ISIC-
Revision 3 standard by countries determined to be both economically 
comparable to the PRC and significant producers of comparable 
merchandise. We find the two-digit description under ISIC-Revision 3 
(``Manufacture of food products and beverages'') to be the best 
available wage-rate SV on the record because it is specific and derived 
from industries that produce merchandise comparable to the subject 
merchandise. Consequently, we averaged the ILO industry-specific wage-
rate data or earnings data available from the following countries found 
to be economically comparable to the PRC and which are significant 
producers of comparable merchandise: Ecuador, Egypt, Indonesia, Jordan, 
Peru, Philippines, Thailand, and Ukraine. For further information on 
the calculation of the wage rate, see Wage-Calculation Memo. For the 
full discussion pertaining to this issue, see the Decision Memo at 
Comment 1.

Final Results of the Reviews

    As a result of the administrative review, we determine that the 
following percentage weighted-average dumping margins exist for the 
period September 1, 2008, through August 31, 2009:

------------------------------------------------------------------------
                                                                Margin
                           Company                             (percent)
------------------------------------------------------------------------
Xiping Opeck Food Co., Ltd..................................        9.39
Shanghai Ocean Flavor International Trading Co., Ltd........       41.92
China Kingdom (Beijing) Import & Export Co., Ltd............       18.87
Xuzhou Jinjiang Foodstuffs Co., Ltd.........................        5.39
------------------------------------------------------------------------

    As a result of the new-shipper review, we determine that a 
weighted-average dumping margin of 12.37 percent exists for merchandise 
produced by Henan Baoshu Aquatic Products Co., Ltd. (Henan Baoshu), and 
exported by Nanjing Gemsen International Co., Ltd., for the period 
September 1, 2008, through August 31, 2009.\2\
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    \2\ As we stated in the Preliminary Results, 75 FR at 34101, we 
determined that the sales of subject merchandise produced by Henan 
Baoshu and exported to the United States by Nanjing Gemsen during 
the period of review constitute bona-fide transactions subject to 
the new-shipper review.
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Assessment

    In accordance with 19 CFR 351.212(b)(1), we have calculated 
importer-specific (or customer-specific) assessment rates for 
merchandise subject to these reviews.
    For these final results, we divided the total dumping margins 
(calculated as the difference between normal value and export price) 
for each of the respondents' importers or customers by the total number 
of kilograms the exporter sold to that importer or customer. We will 
direct CBP to assess the resulting per-kilogram dollar amount against 
each kilogram of merchandise in each of that importer's/customer's 
entries during the review period.
    We intend to issue assessment instructions to CBP 15 days after the 
date of publication of these final results of reviews.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of these final results of these reviews for all shipments 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date as provided by section 
751(a)(2)(C) of the Act: (1) For subject merchandise exported by Xiping 
Opeck, Shanghai Ocean Flavor, China Kingdom, and Jinjiang and for 
subject merchandise produced by Henan Baoshu and exported by Nanjing 
Gemsen, the cash-deposit rate will be

[[Page 79339]]

the rate established in these final results of reviews, as listed 
above; \3\ (2) for previously reviewed or investigated companies not 
listed above that have separate rates, the cash-deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) for all other PRC exporters of subject merchandise which 
have not been found to be entitled to a separate rate, the cash-deposit 
rate will be 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 entity that supplied that exporter. These deposit 
requirements shall remain in effect until further notice.
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    \3\ For subject merchandise exported by Nanjing Gemsen but not 
produced by Henan Baoshu, the cash-deposit rate will be the PRC-wide 
rate.
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Notifications

    This notice also 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.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: December 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

1. Valuation of Labor.
2. Valuation of Cold Storage.
3. Valuation of Live Crawfish.
4. Filing of New Factual Information.

[FR Doc. 2010-31882 Filed 12-17-10; 8:45 am]
BILLING CODE 3510-DS-P

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