20634 Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Notices

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–848]

Freshwater Crawfish Tail Meat from the

People’s Republic of China; Notice of

Final Results of Antidumping Duty

Administrative Review and New

Shipper Reviews, and Final Partial

Rescission of Antidumping Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

U.S. Department of Commerce.

SUMMARY: On October 11, 2000, the

Department of Commerce (the

Department) published the preliminary

results of its administrative and new

shipper reviews of the antidumping

duty order on freshwater crawfish tail

meat from the People’s Republic of

China (PRC). The administrative review

and the new shipper reviews cover the

period September 1, 1998 through

August 31, 1999.

Based on our analysis of the

comments received, we have made

changes to the margin calculations.

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

Review.’’

EFFECTIVE DATE: April 24, 2001.

FOR FURTHER INFORMATION CONTACT:

Thomas Gilgunn, Elfi Blum, Abdelali

Elouaradia, or Maureen Flannery; Office

of Antidumping/Countervailing Duty

Enforcement VII, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington DC 20230;

telephone (202) 482–0648, (202) 482–

0197, (202) 482–1374, and (202) 482–

3020, respectively.

Applicable Statute

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (the Act)

by the Uruguay Round Agreements Act.

In addition, unless otherwise indicated,

all citations to the Department’s

regulations are to the provisions

codified at 19 CFR part 351 (2000).

Background

On October 11, 2000, the Department

published in the Federal Register the

preliminary results of review of the

antidumping duty order on freshwater

crawfish tail meat from the PRC (65 FR

60399). Since the publication of the

preliminary results, the following events

have occurred. Huaiyin Foreign Trade

Corporation(30) (Huaiyin30), Yancheng

Foreign Trade Corporation (Yancheng

FTC), Ocean Harvest Wholesale Inc.

(Ocean Harvest), Nantong Delu Aquatic

Food., Ltd. (Nantong Delu), Yancheng

Fubao Aquatic Food Co., Ltd. (Yancheng

Fubao), Louisiana Packing Company,

and Yancheng Haiteng Aquatic Products

& Foods Company, Ltd. (Yancheng

Haiteng) submitted timely information

on surrogate values on October 31, 2000.

Petitioner, the Crawfish Processors

Alliance, and the Louisiana Department

of Agriculture & Forestry and Bob

Odom, Commissioner, submitted timely

information on proposed surrogate

values on November 20, 2000. On

November 27, 2000, we received

comments on the results of preliminary

review from respondents, Ningbo

Nanlian Frozen Foods Corporation, Ltd.

(Ningbo Nanlian)/Huaiyin Foreign

Trade Corporation (5) (Huaiyin5),

Yancheng Haiteng, Suquian Foreign

Trade Company, Ltd. (Suquian FTC),

Yangzhou Lakebest Foods Company,

Ltd. (Yangzhou Lakebest), Shantou SEZ

Yangfeng Marine Products Company

(Shantou SEZ), Huaiyin30, Qingdao

Zhengri Seafood Co., Ltd. (Qingdao

Zhengri), Fujian Pelagic Fishery Group

Company (Fujian Pelagic), Yancheng

Baolong Biochemical Products Co., Ltd.

(Baolong Biochemical), Yancheng FTC,

and Nantong Delu, and from Ocean

Harvest, an importer of subject

merchandise. We also received

comments from the petitioner.

On December 6, 2000, we received

rebuttal comments from all parties listed

above, except for Baolong Biochemical,

Yancheng FTC, Nantong Delu, and

Ocean Harvest.

On December 11, 2000, the

Department conducted a public hearing

on the issues presented by interested

parties in their case and rebuttal briefs.

On March 22, 2001, the Department

requested that interested parties

comment on the use of data published

by Agencia Tributaria, an agency of the

Spanish government, regarding Spanish

exports of whole fresh crawfish to the

European Union. The Department

received comments from Ningbo

Nanlian/Huaiyin5, Huaiyin30, Qingdao

Zhengri, Fujian Pelagic, and petitioner

on March 28, 2001, and rebuttal

comments from these same parties on

March 30, 2001.

The Department has now completed

these reviews in accordance with

section 751 of the Act.

Scope of Reviews

The product covered by this review 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 (HTS)

under item numbers 1605.40.10.10,

1605.40.10.90, 0306.19.00.10 and

0306.29.00.00. The HTS subheadings

are provided for convenience and

Customs purposes only. The written

description of the scope of this order is

dispositive.

Duty Absorption

In the preliminary results we found

that for Ningbo Nanlian/Huaiyin5 and

Yancheng Haiteng, antidumping duties

have been absorbed by the affiliated

importer during the period of review

(POR). In addition, we found that

antidumping duties have been absorbed

by Ocean Harvest for sales in which

Yancheng FTC acted as the exporter for

Nantong Delu during the POR. For these

final results, we find that Yancheng

Haiteng did not export merchandise to

the United States at dumped prices

during the POR. Therefore, with respect

to Yancheng Haiteng, we determine that

no duty absorption occurred. With

respect to Ningbo Nanlian/Huaiyin5,

and to sales for which Yancheng FTC

acted as exporter for Nantong Delu, no

additional information has been placed

on the record which contradicts our

preliminary finding. Therefore, for these

companies, no changes to our

preliminary findings have been made

for these final results.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

administrative review and these new

shipper reviews are addressed in the

Issues and Decision Memorandum from

Joseph A. Spetrini, Deputy Assistant

Secretary for AD/CVD Enforcement

Group III to Bernard T. Carreau, Deputy

Assistant Secretary for Import

Administration: Issues and Decision

Memo for the Final Results of the

Antidumping Duty Administrative

Review and the Antidumping New

Shipper Reviews of Freshwater Crawfish

Tail Meat from the People’s Republic of

China, dated April 09, 2001 (Decision

Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Notices 20635

Memo), which is hereby adopted by this

notice.

A list of the issues which parties have

raised and to which we have responded,

all of which are in the Decision Memo,

is attached to this notice as an

appendix. Parties can find a complete

discussion of all issues raised in this

review and the corresponding

recommendations in this public

memorandum which is on file in the

Central Records Unit, room B–099 of the

main Commerce Building (B–099). In

addition, a complete version of the

Decision Memo can be accessed directly

on the Web at http://ia.ita.doc.gov. The

paper copy and electronic version of the

Decision Memo are identical in content.

Changes Since the Preliminary Results

Based on our analysis of comments

received, we have made certain changes

in the margin calculations. We have also

corrected certain clerical errors in our

preliminary results, where applicable.

For a discussion of the issues and

changes made for each company, refer

to the Decision Memo, as above.

Valuation of Crawfish Input

In the investigation of sales at less

than fair value (LTFV) and in previous

reviews of this order, as well as in the

preliminary results of these reviews, we

have used data on imports into Spain

from Portugal to value the live crawfish

input for tail meat production. See

Memorandum to Maureen Flannery

from Scott Lindsay: Administrative and

New Shipper Reviews of Freshwater

Crawfish Tail Meat from the People’s

Republic of China: Factor Values

Memorandum, dated September 29,

2000, at 20. However, information on

the record of the current reviews

indicates that the volume of imports

from Portugal into Spain has decreased

significantly since the period of the

investigation and the first

administrative review, and constituted a

mere 17 metric tons during the period

of the current administrative review. We

considered using data on Spanish

exports to the European Union, which

were in significant quantities, as an

alternative to import data for these final

results.

As noted above, the Department

requested that interested parties

comment on the use of such data, which

we used in the Notice of Preliminary

Results of Antidumping Duty New

Shipper Administrative Reviews:

Freshwater Crawfish Tail Meat from the

People’s Republic of China, issued

March 21, 2001. Both petitioner and

respondents argued against use of the

data because it appears to include

exports of items other than live

crawfish. For further details, see the

Decision Memo. After analyzing the

comments received, we have

determined that the best information on

the record of these reviews is data on

Spanish imports of live crawfish from

Portugal published by Agencia

Tributaria of the Spanish government.

However, given the decline of this

market, we intend to search for

alternative sources of surrogate data for

the live crawfish input in other ongoing

and future reviews.

Partial Rescission of Administrative

Review

In our preliminary results, we

concluded that Baolong Biochemical

did not have any sales to the United

States during the review period, and

thus was not entitled to a review under

section 751(a) of the Act. For a further

discussion of these issues, see the

relevant sections of the Decision Memo.

See also Decision Memorandum for

Troy H. Cribb through Joseph A.

Spetrini from Barbara E. Tillman:

Yancheng Baolong Biochemical

Products (Baolong Biochemical): Intent

to Rescind Administrative Review, of

September 29, 2000. After reviewing the

comments received with respect to

Baolong Biochemical, we have

concluded that our preliminary

determination was appropriate because

Baolong Biochemical had no sales to the

United States during the POR.

Therefore, we are rescinding the

administrative review of Baolong

Biochemical.

Furthermore, we did not receive any

comments regarding our preliminary

decision to rescind the review with

respect to Huaiyin, Hua Yin, Hua Yin

Foreign Trading (Hua Yin FT), and

Huaiyin Foreign Trading (Huaiyin FT).

Therefore, we have not altered our

decision and are rescinding the

administrative review for these

companies. We determine that subject

merchandise entering the United States

under one of these names is covered by

this review only to the extent that the

exporter is in fact Huaiyin Foreign

Trade Corporation (Huaiyin FTC),

Huaiyin5, or Huaiyin30, which are

separately covered by this review.

Determination to Apply Facts Available

The Department received no

comments on its preliminary

determination to apply facts available to

Huaiyin FTC, Yupeng Fishery, or

Lianyungang Haiwang Aquatic Products

Co., Ltd. (Lianyungang Haiwang).

Therefore, we have not altered our

decision to apply facts available to these

companies for these final results of

review. Furthermore, after considering

comments regarding Asia Europe, which

was the same company as Yancheng

Baolong Aquatic Foods Co., Ltd.

(Baolong Aquatic) and Baolong Group

during the POR, we have determined

that it is appropriate to continue to

apply the facts available to these

companies. Therefore, we are treating

all the above companies, together with

all other PRC companies that have not

established that they are entitled to

separate rates, as a single enterprise

subject to government control.

Furthermore, we have determined the

rate to be applied to this single

enterprise is a PRC-wide rate based on

adverse facts available, in accordance

with section 776(b) of the Act. Section

776(b) of the Act states that adverse

facts available may include information

derived from the petition, the final

determination, a previous

administrative review, or other

information placed on the record. As

adverse facts available, we are using the

PRC-wide rate from the LTFV

investigation, 201.63 percent, which is

the highest rate in any segment of this

proceeding.

Final Results of Review

We determine that the following

weighted-average margins exist for the

period September 1, 1998 through

August 31, 1999:

Manufacturer/Exporter Margin

(percent)

Ningbo Nanlian/Huaiyin5 ........ 2.75

Yancheng Haiteng .................. 0.00

Huaiyin30 ................................ 139.68

Yancheng FTC ....................... 35.73

Fujian Pelagic ......................... 38.76

Yangzhou Lakebest ................ 0.00

Suqian FTC ............................ 0.00

Qingdao Zhengri ..................... 0.00

Shantou SEZ .......................... 0.00

PRC-Wide Rate ...................... 201.63

Cash Deposit Requirements

The following deposit requirements

will be effective upon publication of

this notice of final results of

administrative review and new shipper

reviews for all shipments of freshwater

crawfish tail meat from the PRC entered,

or withdrawn from warehouse, for

consumption on or after the date of

publication, as provided by section

751(a)(2)(C) of the Act: (1) The cash

deposit rates for the reviewed

companies will be the rates shown

above except that, for firms whose

weighted-average margins are less than

0.5 percent and therefore de minimis,

the Department shall require no deposit

of estimated antidumping duties; (2) for

previously-reviewed PRC and non-PRC

exporters with separate rates, the cash

20636 Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Notices

deposit rate will be the companyspecific rate established for the most

recent period; (3) for all other PRC

exporters, the cash deposit rate will be

the PRC-wide rate, 201.63 percent; and

(4) for all other non-PRC exporters of the

subject merchandise, the cash deposit

rate will be the rate applicable to the

PRC supplier of that exporter. These

deposit requirements shall remain in

effect until publication of the final

results of the next administrative

review.

This notice serves as a final 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 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

disposition of proprietary information

disclosed under APO in accordance

with section 351.305(a)(3) of the

Department’s regulations. Timely

written notification of the return/

destruction of APO materials or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and the terms of an

APO is a sanctionable violation.

This administrative review and these

new shipper reviews and notice are in

accordance with sections 751(a)(1),

751(a)(2)(B) and 771(i)(1) of the Act.

Dated: April 9, 2001.

Timothy J. Hauser,

Acting Under Secretary for International

Trade.

Appendix

List of Issues

1. Use of Spanish Import Data as Surrogate

Value for Live Crawfish

2. Use of Mexican Data as Surrogate Value for

Live Crawfish

3. Use of Spanish Export Data as Surrogate

Value for Live Crawfish

4. Calculation of Byproduct Value based on

India Import Statistics

5. Power and Fuel Expenses as Part of

Surrogate Overhead

6. Use of Annual vs. Monthly Average

Exchange Rates

7. Water as a Separate Cost

8. Fujian Pelagic’s Sales to Pacific Coast:

Export Price vs Constructed Export Price

9. Baolong Biochemical Rescission

10. Use of the Facts on the Record to

Calculate Baolong Biochemical’s Dumping

Margin

11. Yancheng FTC/Ocean Harvest:

Calculation of Packing Material Costs

12. Ningbo/Huaiyin 5: Marine Insurance

13. Huayin 30: Partial Adverse Facts

Available

[FR Doc. 01–10152 Filed 4–23–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–427–009]

Industrial Nitrocellulose From France:

Notice of Extension of Time Limit for

Preliminary Results of Antidumping

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of extension of time limit

for preliminary results of antidumping

duty administrative review.

SUMMARY: The Department of Commerce

is extending the time limit for the

preliminary results of the administrative

review of the antidumping duty order

on industrial nitrocellulose from France.

The review covers one manufacturer/

exporter, Bergerac, N.C. The period of

review is August 1, 1999, through July

31, 2000.

EFFECTIVE DATE: April 24, 2001.

FOR FURTHER INFORMATION CONTACT:

David Dirstine, AD/CVD Enforcement,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, N.W.,

Washington, DC 20230; telephone: (202)

482–4033.

The Applicable Statute

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (the Act)

by the Uruguay Round Agreements Act.

In addition, unless otherwise indicated,

all citations to the Department of

Commerce’s (the Department’s)

regulations are to 19 CFR Part 351

(1999).

Extension of Time Limits for

Preliminary Results

The Department of Commerce (the

Department) received a request to

conduct an administrative review of the

antidumping duty order on industrial

nitrocellulose from France. On October

2, 2000, the Department initiated this

administrative review covering the

period August 1, 1999, through July 31,

2000. However, due to complexity of the

issues in this case, such as the initiation

of a cost investigation, how U.S. sales

are to be compared to home-market

sales, how difference-in-merchandise

adjustments are calculated, and a

statutorily required verification of

information submitted in the instant

review, it is not practicable to complete

this review within the time limits

mandated by section 751(a)(3)(A) of the

Act. Therefore, in accordance with that

section, the Department is extending the

time limit for the preliminary results

fully to August 31, 2001. The

Department intends to issue the final

results of review 120 days after the

publication of the preliminary results.

This extension of the time limit is in

accordance with section 751(a)(3)(A) of

the Act.

Dated: April 12, 2001.

Louis Apple,

Acting Deputy Assistant Secretary for AD/

CVD Enforcement I.

[FR Doc. 01–10153 Filed 4–23–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–475–818]

Notice of Amended Final Results of

Antidumping Duty Administrative

Review: Certain Pasta From Italy

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Amendment to final

results of antidumping duty

administrative review in accordance

with decision upon remand: Certain

Pasta from Italy.

SUMMARY: We are amending the cash

deposit and assessment rates for imports

of pasta from Arrighi S.p.A. Industrie

Alimentari (Arrighi) and Barilla

Alimentare, S.p.A. (Barilla) and the

assessment rate for La Molisana

Industrie Alimentari, S.p.A. (La

Molisana) calculated for the January 19,

1996, through June 30, 1997,

administrative review of this order. The

cash deposit rate for La Molisana was

not affected by the litigation. The

revised cash deposit rate for Arrighi is

19.09 percent ad valorem and for Barilla

is 45.49 percent ad valorem.

EFFECTIVE DATE: April 24, 2001.

FOR FURTHER INFORMATION CONTACT:

James Terpstra, AD/CVD Enforcement,

Office VI, Group II, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution