[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65832-65833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26394]
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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 the Expedited Second Sunset Review of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, 2008, the Department of Commerce (the Department)
initiated the second sunset review of the antidumping duty order on
freshwater crawfish tail meat from the People's Republic of China (PRC)
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act). The Department conducted an expedited (120-day) sunset review of
this order. As a result of this sunset review, the Department finds
that revocation of the antidumping duty order would likely lead to
continuation or recurrence of dumping.
EFFECTIVE DATE: November 5, 2008.
FOR FURTHER INFORMATION CONTACT: Lyn Johnson 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 and (202) 482-1690, respectively.
Background
On July 1, 2008, the Department initiated the second sunset review
of the antidumping duty order on freshwater crawfish tail meat from the
PRC. See Initiation of Five-year (``Sunset'') Review, 73 FR 37411 (July
1, 2008). The Department received a Notice of Intent to Participate
from a domestic interested
[[Page 65833]]
party, the Crawfish Processors Alliance (CPA), within the deadline
specified in 19 CFR 351.218(d)(l)(i). On July 30, 2008, we received a
complete substantive response from CPA within the 30-day deadline in
accordance with 19 CFR 351.218(d)(3)(i). We did not receive responses
from any other parties. Accordingly, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has
conducted an expedited (120-day) sunset review of the order.
Scope of Order
The product covered by this antidumping duty order is freshwater
crawfish, in all its forms (whether washed or with fat on, whether
purged or unpurged), grades, and sizes; whether frozen, fresh, or
chilled; and regardless of how it is packed, preserved, or prepared.
Excluded from the scope of the order are live crawfish and other whole
crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are
saltwater crawfish of any type, and parts thereof. Freshwater crawfish
tail meat is currently classifiable in the Harmonized Tariff Schedule
of the United States (HTSUS) under item numbers 1605.40.10.10 and
1605.40.10.90, which are the new HTSUS numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and other, as introduced by the
CBP in 2000, and HTSUS numbers 0306.19.00.10 and 0306.29.00.00, which
are reserved for fish and crustaceans in general. The HTSUS subheadings
are provided for convenience and customs purposes only. The written
description of the scope of this order is dispositive.
Analysis of Comments Received
The issues raised by CPA are addressed in the ``Issues and Decision
Memorandum'' (Decision Memo) from Stephen J. Claeys, Deputy Assistant
Secretary, to David M. Spooner, Assistant Secretary, dated October 29,
2008, which is hereby adopted by this notice. The issues discussed in
the Decision Memo include the likelihood of continuation or recurrence
of dumping and the magnitude of the margins likely to prevail if the
order were to be revoked. The Decision Memo, which is a public
document, is on file in the Central Records Unit, main Department of
Commerce building, Room 1117, and is accessible on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of
the Decision Memo are identical in content.
Final Results of the Review
We determine that revocation of the antidumping duty order on
freshwater crawfish tail meat from the PRC would be likely to lead to
continuation or recurrence of dumping at the following weighted-average
percentage margins:
------------------------------------------------------------------------
Percentage
Manufacturer/Exporter Margin
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China Everbright Trading Company........................ 156.77
Binzhou Prefecture Foodstuffs Import Export Corp........ 119.39
Huaiyin Foreign Trade Corp.............................. 91.50
Yancheng Foreign Trade Corp............................. 108.05
Jiangsu Cereals, Oils & Foodstuffs Import & Export Corp. 122.92
Yancheng Baolong Aquatic Foods Co., Ltd................. 122.92
Huaiyin Ningtai Fisheries Co., Ltd...................... 122.92
Nantong Delu Aquatic Food Co., Ltd...................... 122.92
PRC-wide Rate........................................... 201.63
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This notice serves as a reminder to parties subject to the
administrative protective order (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 or 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 this notice in accordance with
sections 751(c), 752, and 777(i)(1) of the Act.
Dated: October 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-26394 Filed 11-4-08; 8:45 am]
BILLING CODE 3510-DS-S