[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Notices]
[Pages 37115-37116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15796]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Rescission of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2002 the Department published the initiation of
the four new shipper reviews of the antidumping duty order on
freshwater crawfish tail meat from the People's Republic of China
covering the period September 1, 2001, through August 31, 2002. These
new shipper reviews covered four exporters: Zhoushan Huading Seafood
Co., Ltd.; Hubei Qianjiang Houhu Frozen & Processing Factory; Qingdao
Jin Yong Xiang Aquatic Foods Co., Ltd.; and Siyang Foreign Trading
Corporation (Siyang). See Freshwater Crawfish Tail Meat From the
People's Republic of China: Initiation of Antidumping New Shipper
Reviews (67 FR 67822) (New Shipper Initiation). For the reasons
discussed below, we are rescinding the review of Siyang.
EFFECTIVE DATE: June 23, 2003.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein at
(202) 482-3964 and (202) 482-1391, respectively; AD/CVD Enforcement,
Office 7, Group III, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2002 the Department received a timely request for
a new shipper review of the antidumping duty order on freshwater
crawfish tail meat from the PRC from Siyang, an exporter of subject
merchandise to the United States. In this request, Siyang identified
Anhui Golden Bird Agricultural Products Development Co., Ltd. (Golden
Bird) as the producer who supplied the subject merchandise to Siyang.
Pursuant to section 351.214(b)(2)(ii)(B) of the Department's
regulations, Siyang included, in addition to its own certifications, a
certification from the general manager of Golden Bird stating that
Golden Bird was the producer and certifying that Golden Bird did not
export subject merchandise during the period of investigation (POI).
Furthermore, pursuant to sections 351.214(b)(2)(iii)(A) and (B) of the
Department's regulations, Golden Bird also certified that it had never
been affiliated with any other producer or exporter of subject
merchandise to the United States during the POI, and that its
activities are not controlled by the PRC central government. On
November 1, 2002, the Department initiated this new shipper review
covering the period September 1, 2001 through August 31, 2002. See New
Shipper Initiation.
Siyang provided responses to the Department's original and
supplemental questionnaires on January 6, and April
[[Page 37116]]
3, 2003, respectively. In a letter dated March 27, 2003, Siyang
informed the Department that the correct company name of its producer
of subject merchandise is Anhui Golden Bird Agricultural & Side-Line
Products Development Co., Ltd., and noted that the words ``& Side-
Line'' were inadvertently missing from the name of the producer that
was used in previous submissions. In the Department's memorandum to the
file entitled Siyang Foreign Trade Corporation's New Shipper Review of
Freshwater Crawfish Tail Meat from the People's Republic of China:
Intent to Rescind New Shipper Review (Intent to Rescind Memo), dated
May 19, 2003, we stated our intention to rescind Siyang's new shipper
review because the initiation of this new shipper review was not based
on complete and accurate information, thereby impairing the
Department's ability to properly analyze and investigate certain
information contained in Siyang's request for new shipper review. See
Intent to Rescind Memo at 2.
On May 22, 2003, the Domestic Interested Parties \1\ submitted a
letter to the Department requesting that Siyang's new shipper review be
rescinded as soon as possible in order to prevent further shipments of
subject merchandise to the United States from entering under bond using
the Siyang/Golden Bird exporter/producer combination antidumping duty
rate. This letter also requested the Department to notify the U.S.
Bureau of Customs and Border Protection (Customs) forthwith of this
action in order to prevent circumvention of the order by allowing
shipments to enter under bond for a lengthy period of time.
---------------------------------------------------------------------------
\1\ The term ``Domestic Interested Parties'' refers collectively
to the following: the Crawfish Processors Alliance and its members
as listed in the December 4, 2002 Application for Administrative
Protective Order; the Louisiana Department of Agriculture and
Forestry; and, Bob Odom, Commissioner.
---------------------------------------------------------------------------
Rescission of Review
Siyang did not provide the Department with the correct
certifications required under section 351.214(b)(2) of the Department's
regulations for a new shipper review. Specifically, section
351.214(b)(2)(ii)(B) of the Department's regulations states that, if
the company requesting the review is the exporter but not the producer
of the subject merchandise, then the request from this company must
contain a certification stating that the producer did not export
subject merchandise to the United States during the POI. In addition,
section 351.214(b)(2)(iii)(A) of the Department's regulations requires
that the request for the new shipper review contain a certification
that the producer has never been affiliated with any exporter or
producer that exported subject merchandise to the United States during
the POI. Moreover, section 351.214(b)(2)(iii)(B) of the Department's
regulations further specifies that in an antidumping proceeding
involving imports from a nonmarket economy country, the request for a
new shipper review must also contain a certification that the export
activities of the exporter or producer are not controlled by the
central government.
As noted above, Siyang failed to identify the correct name of the
producer of the subject merchandise for purposes of its required
certifications. Furthermore, an official of Golden Bird submitted
certifications that did not accurately identify the company's name.
Therefore, we find it appropriate to rescind Siyang's new shipper
review based on its failure to provide the proper certifications
pursuant to 19 CFR 351.214(b)(2).
Notification
The Department will notify Customs that bonding is no longer
permitted to fulfill security requirements for shipments using the
Siyang/Golden Bird exporter/producer combination antidumping duty rate
for freshwater crawfish tail meat from the PRC entered, or withdrawn
from warehouse, for consumption in the United States on or after the
publication of this rescission notice in the Federal Register, and that
a cash deposit of 223.01 percent ad valorem should be collected for any
entries exported by Siyang.
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.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(2)(B) and 777(i) of the Act.
Dated: June 16, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-15796 Filed 6-20-03; 8:45 am]
BILLING CODE 3510-DS-P