10148 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices 

instruct CBP to liquidate unreviewed 

entries at the 162.14 percent all-others 

rate established in the original less than 

fair value (LTFV) investigation, if there 

is no rate for the intermediary involved 

in the transaction. See the AssessmentPolicy Notice for a full discussion of 

this clarification. 

Furthermore, the following deposit 

requirements will be effective upon 

completion of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results of this 

administrative review, as provided by 

section 751(a)(1) of the Act: (1) The cash 

deposit rate for the reviewed company 

will be the rate established in the final 

results of the administrative review 

(except that no deposit will be required 

if the rate is zero or de minimis, i.e., less 

than 0.5 percent); (2) if the exporter is 

not a firm covered in this review, or the 

original LTFV investigation, but the 

manufacturer is, the cash deposit rate 

will be that established for the most 

recent period for the manufacturer of 

the merchandise; and (3) if neither the 

exporter nor the manufacturer is a firm 

covered in this review, any previous 

reviews, or the LTFV investigation, the 

cash deposit rate will be 162.14 percent, 

the ‘‘all others’’ rate established in the 

LTFV investigation. See Amended Final 

Determination and Antidumping Duty 

Order; Certain Forged Stainless Steel 

Flanges from India, 59 FR 5994 

(February 9, 1994) (Amended Final 

Determination). 

Notification to Interested Parties 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) 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. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Tariff Act 

and 19 CFR 351.221(b)(4). 

Dated: February 28, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E7–4072 Filed 3–6–07; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–848 

Freshwater Crawfish Tail Meat from the 

People’s Republic of China: 

Preliminary Notice of Intent to Rescind 

New Shipper Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is conducting new 

shipper reviews of the antidumping 

duty order on freshwater crawfish tail 

meat from the People’s Republic of 

China (‘‘PRC’’) in response to requests 

from Nanjing Merry Trading Co., Ltd. 

(‘‘Nanjing Merry’’), Leping Lotai Foods 

Co., Ltd. (‘‘Leping Lotai’’), Weishan 

Hongrun Aquatic Food Co., Ltd. 

(‘‘Weishan Hongrun’’), and Shanghai 

Strong International Trading Co., Ltd. 

(‘‘Shanghai Strong’’). The period of 

review (‘‘POR’’) is September 1, 2005, 

through February 28, 2006. Because the 

sale(s) made by Weishan Hongrun were 

not bona fide, and neither Leping Lotai, 

Nanjing Merry, nor Shanghai Strong 

have demonstrated that they qualify for 

a separate rate, we have preliminarily 

determined that each of these new 

shipper reviews should be rescinded. 

Interested parties are invited to 

comment on this preliminary notice of 

intent to rescind. 

EFFECTIVE DATE: March 7, 2007. 

FOR FURTHER INFORMATION CONTACT: Scot 

Fullerton or P. Lee Smith, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–1386 or (202) 482–

1655, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to section 751(a)(2)(B) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), and in accordance with 19 CFR 

351.214(c), the Department received 

timely requests for new shipper reviews 

from Shanghai Strong on March 24, 

2006, from Nanjing Merry and Leping 

Lotai on March 27, 2006, and from 

Weishan Hongrun on March 31, 2006. 

See Notice of Amendment to Final 

Determination of Sales at Less than Fair 

Value and Antidumping Duty Order: 

Freshwater Crawfish Tail Meat from the 

People’s Republic of China, 62 FR 48218 

(September 15, 1997). 

The Department determined that the 

requests made by Nanjing Merry, Leping 

Lotai, and Weishan Hongrun met the 

requirements stated in section 351.214 

of the Department’s regulations. On May 

5, 2006, the Department published its 

initiation of these new shipper reviews 

for the period September 1, 2005, 

through February 28, 2006. See 

Freshwater Crawfish Tail Meat From the 

People’s Republic of China: Initiation of 

Antidumping Duty New Shipper 

Reviews, 71 FR 26453 (May 5, 2006) 

(‘‘May 5, 2006, Initiation Notice’’). On 

May 1, 2006, pursuant to 19 CFR 

351.302(b), the Department extended 

the time limit to initiate the new 

shipper review of Shanghai Strong by 30 

days in order to provide the respondent 

with an opportunity to explain certain 

information in the entry documentation. 

On May 31, 2006, the Department 

determined that Shanghai Strong’s 

request also met the requirements stated 

in section 351.214 of the Department’s 

regulations, and published its initiation 

of this new shipper review. See 

Freshwater Crawfish Tail Meat From the 

People’s Republic of China: Initiation of 

Antidumping Duty New Shipper Review, 

71 FR 30866 (May 31, 2006) (‘‘May 31, 

2006, Initiation Notice’’). 

The Department received section A 

questionnaire responses from Leping 

Lotai on June 3, 2006; Weishan Hongrun 

on June 5, 2006; Nanjing Merry on June 

6, 2006; and from Shanghai Strong on 

June 15, 2006. The Department issued a 

supplemental section A questionnaire to 

Leping Lotai on June 16, 2006, and 

received a response on June 28, 2006. 

The Department also received section C 

and D questionnaire responses from 

Weishan Hongrun on June 22, 2006; 

from Leping Lotai and Nanjing Merry on 

June 27, 2006; and from Shanghai 

Strong on June 30, 2006. 

On July 7, 2006, the Department 

issued a supplemental section A 

questionnaire to Shanghai Strong, and 

received a response from the company 

on July 20, 2006. On July 26, 2006, the 

Department issued a supplemental 

section A, C, and D questionnaire to 

Nanjing Merry, and received the 

company’s response on August 22, 

2006. On August 1, 2006, the 

Department issued a supplemental 

section C and D questionnaire to 

Shanghai Strong and Leping Lotai, to 

which both companies submitted a 

response on August 10, 2006. 

Additionally, on August 4, 2006, the 

Department issued a supplemental 

section A, C and D questionnaire to 

Weishan Hongrun, to which both 

companies submitted responses on 

September 1, 2006. 

On September 25, 2006, Nanjing 

Merry submitted a letter in which it 

stated it would no longer participate in 


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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices 10149 

the new shipper review and would not 

permit the verification of the 

information it had already placed on the 

record of its new shipper review. On 

October 2, 2006, Shanghai Strong and 

Leping Lotai also submitted letters 

indicating that neither company would 

permit the verification of the 

information each placed on the record 

of its new shipper review. 

On October 11, 2006, the Department 

extended the due date for the 

preliminary results of the Leping Lotai, 

Nanjing Merry, and Weishan Hongrun 

new shipper reviews by 90 days from 

the original October 25, 2006, deadline. 

In addition, the Department extended 

the deadline for the preliminary results 

of the Shanghai Strong new shipper 

review by 65 days from the original 

November 19, 2006, deadline. 

Therefore, the preliminary results for all 

four of the above–referenced new 

shipper reviews were extended until 

January 23, 2007. See Notice of 

Extension of the Preliminary Results of 

New Shipper Antidumping Duty 

Reviews: Freshwater Crawfish Tail Meat 

from the People’s Republic of China, 71 

FR 59738 (October 11, 2006). Moreover, 

On October 11, 2006, the Department 

issued a second supplemental 

questionnaire to Weishan Hongrun, to 

which the Department received a 

response on November 1, 2006. 

On November 3, 2006, the Department 

issued a third supplemental 

questionnaire to Weishan Hongrun. On 

November 22, 2006, the Department 

rejected Weishan Hongrun’s November 

21, 2006, response based on certain 

filing inadequacies, but provided the 

company with an opportunity to correct 

the submission by November 27, 2006. 

On November 27, 2006, Weishan 

Hongrun submitted its response to 

question number 17 of the Department’s 

November 3, 2006, supplemental 

questionnaire, and on November 28, 

2006, Weishan Hongrun submitted its 

response to the remaining questions. On 

November 28, 2006, the Department 

issued its fourth supplemental 

questionnaire to Weishan Hongrun 

requesting, in part, that the company 

submit information which had been 

previously requested by the Department. 

On December 8, 2006, Weishan 

Hongrun submitted its response to the 

Department’s November 28, 2006, 

supplemental questionnaire. 

On December 15, 2006, the 

Department further extended the 

deadline for the preliminary results of 

the Leping Lotai, Nanjing Merry, 

Weishan Hongrun and Shanghai Strong 

new shipper reviews by an additional 

30 days from the January 23, 2007, 

deadline until February 22, 2007. See 

Notice of Extension of the Preliminary 

Results of New Shipper Antidumping 

Duty Reviews: Freshwater Crawfish Tail 

Meat from the People’s Republic of 

China, 71 FR 75502 (December 15, 

2006). 

Scope of the Antidumping Duty Order 

The product covered by this order is 

freshwater crawfish tail meat, 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 

U.S. Customs Service in 2000, and 

HTSUS items 0306.19.00.10 and 

0306.29.00, 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. 

Preliminary Intent to Rescind 

Concurrent with this notice, we are 

issuing our memoranda detailing our 

analysis of the bona fides of Weishan 

Hongrun’s U.S. sale and our preliminary 

decision to rescind based on the totality 

of the circumstances of the sale. See 

Memorandum to James C. Doyle, 

Director, AD/CVD Operations, Office 9, 

Import Administration, through 

Christopher D. Riker, Program Manager, 

AD/CVD Operations, Office 9, from Scot 

Fullerton, Senior Case Analyst, AD/CVD 

Operations, Office 9, regarding 2005/ 

2006 Antidumping Duty New Shipper 

Review of the Antidumping Duty Order 

on Freshwater Crawfish Tail Meat from 

the People’s Republic of China: Bona 

Fide Analysis of the Sale(s) Reported by 

Weishan Hongrun Aquatic Food Co., 

Ltd. (February 22, 2007) (‘‘Weishan 

Hongrun Memo’’). Although much of 

the information relied upon by the 

Department to analyze the issues is 

business proprietary, the Department 

based its determination that the new 

shipper sale made by Weishan Hongrun 

was not bona fide on the following: 1) 

the quantity and price of Hongrun’s 

single sale; 2) the unreported business 

relationships/potential affiliations 

between Hongrun and other crawfish 

tail meat producers; 3) Hongrun’s failure 

to establish the source of the initial 

investment capital used to form 

Hongrun; and finally, 4) the lack or 

regular commercial interest in the 

subject merchandise, and the 

circumstances surrounding the resale of 

the single POR sale. 

Because the Department has found 

Weishan Hongrun’s sale to be non–bona 

fide, it is not subject to review. See 

Weishan Hongrun Memo. Weishan 

Hongrun only made a single, non–bona 

fide sale during the POR. Therefore, the 

Department intends to rescind its new 

shipper review because there are no 

reviewable sales during the POR. See 

e.g., Tianjin Tiancheng Pharmaceutical 

Co., Ltd. v. United States, 366 F. Supp. 

2d 1246, 1249 (CIT 2005). 

Additionally, as referenced above, 

Leping Lotai, Nanjing Merry, and 

Shanghai Strong all submitted letters to 

the Department indicating they would 

not permit verification of the 

information placed on the record of the 

reviews. By not permitting the 

Department to verify the accuracy of the 

information each submitted to the 

Department, Leping Lotai, Nanjing 

Merry, and Shanghai Strong each failed 

to establish that they qualify for a 

separate rate. See Memorandum to 

James C. Doyle, Director, AD/CVD 

Operations, Office 9, from Scot T. 

Fullerton and Prentiss Lee Smith, Case 

Analysts, through Christopher D. Riker, 

Program Manager, regarding Freshwater 

Crawfish Tail Meat from The People’s 

Republic of China: Intent to Rescind the 

New Shipper Review of Leping Lotai 

Foods Co. (February 22, 2007); 

Memorandum to James C. Doyle, 

Director, AD/CVD Operations, Office 9, 

from Scot T. Fullerton and Prentiss Lee 

Smith, Case Analysts, through 

Christopher D. Riker, Program Manager, 

regarding Freshwater Crawfish Tail 

Meat from The People’s Republic of 

China: Intent to Rescind the New 

Shipper Review of Nanjing Merry 

Trading Co., Ltd. (February 22, 2007); 

Memorandum to James C. Doyle, 

Director, AD/CVD Operations, Office 9, 

from Scot T. Fullerton and Prentiss Lee 

Smith, Case Analysts, through 

Christopher D. Riker, Program Manager, 

regarding Freshwater Crawfish Tail 

Meat from The People’s Republic of 

China: Intent to Rescind the New 

Shipper Review of Shanghai Strong 

International Trading Co., Ltd. 

(February 22, 2007). 

To establish whether a company 

operating in a non market economy 

(‘‘NME’’) is sufficiently independent 

from the Government to be eligible for 

a separate rate, the Department analyzes 

each exporting entity under the test 


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10150 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices 

established in the Final Determination 

of Sales at Less Than Fair Value: 

Sparklers from the People’s Republic of 

China, 56 FR 20588 (May 6, 1991) 

(‘‘Sparklers’’), as amplified by the Final 

Determination of Sales at Less Than 

Fair Value: Silicon Carbide from the 

People’s Republic of China, 59 FR 22585 

(May 2, 1994). Under the separate–rates 

criteria, the Department assigns separate 

rates in NME cases only if the 

respondent can demonstrate the absence 

of both de jure and de facto 

governmental control over export 

activities. 

By failing to allow the Department to 

verify the accuracy of their submissions, 

Leping Lotai, Nanjing Merry, and 

Shanghai Strong, have not demonstrated 

they are free of government control and 

are therefore not eligible to receive a 

separate rate. In the Notices of 

Initiation, the Department stated that an 

exporter unable to demonstrate the 

company’s eligibility for a separate rate 

does not meet the requirements of 19 

CFR 351.214(b)(2)(iii) and its new 

shipper review will be rescinded. See 

May 5, 2006, Initiation Notice at 26454; 

see also May 31, 2006, Initiation Notice 

at 30866. Therefore, the Department is 

preliminarily rescinding the new 

shipper reviews of Leping Lotai, 

Nanjing Merry, and Shanghai Strong. 

See, e.g., Notice of Preliminary Results 

of Antidumping Duty New Shipper 

Review and Rescission of New Shipper 

Reviews: Freshwater Crawfish Tail Meat 

from the People’s Republic of China, 69 

FR 53669 (September 2, 2004); see also 

Brake Rotors From the People’s 

Republic of China: Rescission of Second 

New Shipper Review and Final Results 

and Partial Rescission of First 

Antidumping Duty Administrative 

Review, 64 FR 61581 (November 12, 

1999). 

Schedule for Final Results of Review 

Unless otherwise notified by the 

Department, interested parties may 

submit case briefs within 30 days of the 

date of publication of this notice in 

accordance with section 351.309(c)(ii) of 

the Department’s regulations. As part of 

the case brief, parties are encouraged to 

provide a summary of the arguments not 

to exceed five pages and a table of 

statutes, regulations, and cases cited. 

Rebuttal briefs, which must be limited 

to issues raised in the case briefs, must 

be filed within five days after the case 

brief is filed. 

Any interested party may request a 

hearing within 30 days of publication of 

this notice in accordance with section 

351.310(c) of the Department’s 

regulations. Any hearing would 

normally be held 37 days after the 

publication of this notice, or the first 

workday thereafter, at the U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue N.W., 

Washington, DC 20230. Individuals who 

wish to request a hearing must submit 

a written request within 30 days of the 

publication of this notice in the Federal 

Register to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, Room 1870, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. Requests for a 

public hearing should contain: (1) the 

party’s name, address, and telephone 

number; (2) the number of participants; 

and, (3) to the extent practicable, an 

identification of the arguments to be 

raised at the hearing. If a hearing is 

held, an interested party must limit its 

presentation only to arguments raised in 

its briefs. Parties should confirm by 

telephone the time, date, and place of 

the hearing 48 hours before the 

scheduled time. 

The Department will issue the final 

results of this new shipper review, 

which will include the results of its 

analysis of issues raised in the briefs, 

within 90 days from the date of the 

preliminary results, unless the time 

limit is extended. 

Notification 

This notice 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. 

These new shipper reviews and this 

notice are published in accordance with 

sections 751(a)(2)(B) and 777(i)(1) of the 

Act. 

Dated: February 22, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E7–4068 Filed 3–6–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–357–812, A–570–863] 

Honey From Argentina and the 

People’s Republic of China; Final 

Results of the Expedited Five-Year 

(‘‘Sunset’’) Reviews of Antidumping 

Duty Orders 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 1, 2006, the 

Department of Commerce (the 

Department) initiated sunset reviews of 

the antidumping duty orders on honey 

from Argentina and the People’s 

Republic of China (PRC) pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act). On the basis of 

notices of intent to participate and 

adequate substantive responses filed on 

behalf of domestic interested parties, 

and no response from respondent 

interested parties, the Department 

conducted expedited (120-day) sunset 

reviews of these antidumping duty 

orders. As a result of these sunset 

reviews, the Department finds that 

revocation of the antidumping duty 

orders would be likely to lead to 

continuation or recurrence of dumping 

at the levels identified below in the 

‘‘Final Results of Review’’ section of this 

notice. 

EFFECTIVE DATE: March 7, 2007. 

FOR FURTHER INFORMATION: Deborah 

Scott, AD/CVD Operations, Office 7 

(Argentina), Catherine Bertrand, AD/ 

CVD Operations, Office 9 (PRC) or Dana 

Mermelstein, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–2657, (202) 482–3207 or (202) 482–

1391, respectively. 

SUPPLEMENTARY INFORMATION

Background 

On November 1, 2006, the Department 

initiated sunset reviews of the 

antidumping duty orders on honey from 

Argentina and the PRC pursuant to 

section 751(c) of the Act. See Initiation 

of Five-Year (‘‘Sunset’’) Reviews, 71 FR 

64242 (November 1, 2006). The 

Department received notices of intent to 

participate from two domestic interested 

parties, American Honey Producers 

Association and Sioux Honey 

Association (collectively, domestic 

interested parties), within the deadline 

specified in section 351.218(d)(1)(i) of 

the Department’s regulations. Domestic 


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