[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79337-79339]
From the Federal Register Online via the Government Publishing 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.
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\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.
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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 http://ia.ita.doc.gov/frn/index.html. 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:
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Margin
Company (percent)
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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
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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