[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Notices]
[Pages 30409-30410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14279]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Amended Final Results of Administrative Review and New Shipper 
Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amended final results of the antidumping duty 
administrative review and new shipper reviews of freshwater crawfish 
tail meat from the People's Republic of China.

-----------------------------------------------------------------------

EFFECTIVE DATE: June 6, 2001.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn, Abdelali Elouaradia or 
Maureen Flannery, AD/CVD Enforcement Group III, Office 7, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-0648, (202) 482-1374 or (202) 482-3020, 
respectively.

[[Page 30410]]

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).

Scope of the Review

    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.

Amendment of Final Results

    On April 24, 2001, the Department of Commerce (the Department) 
published the final results of its administrative and new shipper 
reviews on freshwater crawfish tail meat (crawfish tail meat) from the 
People's Republic of China (PRC) (66 FR 20634). This review covered 
numerous exporters, including Huaiyin Foreign Trade Corporation (30) 
(Huaiyin30), Yancheng Foreign Trade Corporation (Yancheng FTC), 
Yancheng Haiteng Aquatic Products & Foods Company, Ltd. (Yancheng 
Haiteng), Ningbo Nanlian Frozen Foods Corporation, Ltd./Huaiyin Foreign 
Trade Corporation (5) (Ningbo Nanlian/Huaiyin(5)), Suqian Foreign Trade 
Company, Ltd. (Suqian FTC), Yangzhou Lakebest Foods Company, Ltd. 
(Yangzhou Lakebest), Shantou SEZ Yangfeng Marine Products Company 
(Shantou SEZ), Qingdao Zhengri Seafood Co., Ltd. (Qingdao Zhengri), and 
Fujian Pelagic Fishery Group Company (Fujian Pelagic). The period of 
review (POR) is September 1, 1998 through August 31, 1999.
    On April 23, 2001, we received a submission from Huaiyin30 alleging 
a clerical error in the final results of the administrative review. The 
allegation was filed in a timely fashion.
    Comment 1: Huaiyin30 alleges that the Department committed a 
ministerial error in the final results of the administrative review, by 
using an incorrect sales price for one of Huaiyin30's U.S. sales. For 
further details, see the business proprietary version of the memorandum 
from Matthew Renkey to the file, ``Amendment of the Final Results of 
the 1998-99 Administrative Review of Freshwater Crawfish Tail Meat from 
the People's Republic of China: Huaiyin Foreign Trade Corporation 
(30),'' dated May 24, 2001(``Amendment Memorandum'').
    Department's Position: After a review of Huaiyin30's allegation, we 
agree with Huaiyin30 and have corrected our calculation worksheet to 
show the correct U.S. sales price for the sale in question. Please see 
``Amendment Memorandum,'' a public version of which is available in the 
Central Records Unit, Room B-099 of the Department of Commerce 
building, 14th Street and Constitution Ave, NW., Washington, DC.

Amended Final Results of Administrative Review

    As a result of our review and the correction of the ministerial 
error described above, we have determined that the following margins 
exist:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
*Ningbo Nanlian/Huaiyin5....................................        2.75
*Yancheng Haiteng...........................................        0.00
Huaiyin30...................................................      138.69
*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
------------------------------------------------------------------------
*Not affected by these Amended Final Results.

    The Department shall determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
In accordance with 19 CFR 351.212(b), we will instruct Customs to 
assess an importer-specific percentage margin for the subject 
merchandise on each of that importer's entries during the review 
period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of amended 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)(1) 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 deposit rate will be the 
company-specific 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 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 in the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations or conversion to judicial protective order is 
hereby requested. Failure to comply with the regulations and terms of 
an APO is a sanctionable violation.
    This administrative review and notice is in accordance with 
sections 751(a)(1) and 771(i)(1) of the Act.

    Dated: May 24, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-14279 Filed 6-5-01; 8:45 am]
BILLING CODE 3510-DS-P