68 FR 37115, June 23, 2003

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.
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    \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.
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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]