[Federal Register: March 2, 2004 (Volume 69, Number 41)]
[Notices]
[Page 9800-9804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr04-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-848
Notice of Preliminary Results of Antidumping Duty New Shipper
Review: Freshwater Crawfish Tail Meat from the People's Republic of
China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a
new shipper review of the antidumping duty order on freshwater crawfish
tail meat from the People's Republic of China (PRC) in response to a
request from Shanghai Ocean Flavor International Trading Co., Ltd.
(Shanghai Ocean Flavor). The period of review (POR) is September 1,
2002 through February 28, 2003. The preliminary results are listed
below in the ``Preliminary Results of Review'' section. Interested
parties are invited to comment on these preliminary results.
EFFECTIVE DATE: March 2, 2004
FOR FURTHER INFORMATION CONTACT: Addilyn Chams-Eddine or Thomas
Gilgunn, Office of AD/CVD 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 or (202) 482-4236, respectively.
Background
The Department published in the Federal Register an antidumping
duty order on freshwater crawfish tail meat from the People's Republic
of China on September 15, 1997. 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. On March 31, 2003, the Department received a timely
request for a new shipper review under the antidumping duty order on
freshwater crawfish tail meat from the People's Republic of China in
accordance with section 751(a)(2)(B) of the Act and section 351.214(c)
of the Department's regulations from Shanghai Ocean Flavor. In its
request, Shanghai Ocean Flavor identified Jiangxi Quanfu Aquatic Food
Co., Ltd. (Jiangxi Quanfu) as the sole company that produced the
crawfish tail meat exported for its new shipper sales. On April 30,
2003, the Department initiated this new shipper review for the period
September 1, 2002 through February 28, 2003. (See Freshwater Crawfish
Tail Meat From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review, 68 FR 23962 (May 6, 2003).)
On May 12, 2003 we issued a questionnaire to Shanghai Ocean Flavor.
On June 17, 2002, we received its sections A, C, and D questionnaire
response. On August 5, 2003, we issued a supplemental questionnaire to
Shanghai Ocean Flavor. We received the response to this questionnaire
on August 19, 2003. On November 7, 2003, we issued a second
supplemental questionnaire to Shanghai Ocean Flavor. We received its
response to the second supplemental questionnaire on November 18, 2003.
We issued a third supplemental questionnaire to Shanghai Ocean Flavor
on November 14, 2003. We received its response to the third
supplemental questionnaire on November 20, 2003.
On August 22, 2003, we requested information from the U.S. importer
of Shanghai Ocean Flavor's new shipper sales. We received its response
to the questionnaire on September 11, 2003. We issued a supplemental
questionnaire on November 7, 2003, to the U. S. importer of Shanghai
Ocean Flavor's new shipper shipments. We received its response to the
supplemental questionnaire December 4, 2003.
On September 15, 2003, the Department extended the preliminary
results of this new shipper review by 120 days until February 24, 2004.
See Freshwater Crawfish Tail Meat from the People's Republic of China:
Extension of Time Limit of Preliminary Results of New Shipper Review,
68 FR 53960 (September 15, 2003).
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Duty Order
The product covered by this antidumping duty 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 (HTS) under item numbers 1605.40.10.10 and
1605.40.10.90, which are the new HTS numbers for prepared foodstuffs,
indicating peeled crawfish tail meat and other, as introduced by the
U.S. Customs Service in 2000, and HTS items 0306.19.00.10 and
0306.29.00, which are reserved for fish and crustaceans in general. The
HTS subheadings are provided for convenience and Customs purposes only.
The written description of the scope of this order is dispositive.
Verification
As provided in section 782(i) of the Act, we conducted verification
of the questionnaire responses of Shanghai Ocean Flavor. We used
standard verification procedures, including on-site inspection of the
exporter's and manufacturer's facilities and the examination of
relevant sales and financial records. Our verification results are
outlined in the New Shipper Review of Freshwater Crawfish Tail Meat
(tail meat) from the People's Republic of China (PRC) (A-570-848):
Sales and Factors Verification Report for Shanghai Ocean Flavor
International Trading Co., Ltd., dated February 19, 2004 (Shanghai
Ocean Flavor Verification Report). A public version of this report is
on file in the Central Records Unit (CRU) located in room B-099 of the
Main Commerce Building.
Separate Rates
The Department has treated the PRC as a non-market-economy (NME)
country in all past antidumping investigations and in prior segments of
this proceeding. See, e.g., Notice of Final Determination of Sales at
Less Than Fair Value: Bulk Aspirin From the People's Republic of China,
65 FR 33805 (May 25, 2000), and Notice of Final Determination of Sales
at Less Than Fair Value: Certain Non-Frozen Apple Juice Concentrate
from the People's Republic of China, 65 FR 19873 (April 13, 2000). A
designation as an NME remains in effect until it is revoked by the
Department. See section 771(18)(C) of the Act. Accordingly, there is a
rebuttable presumption that all companies within the PRC are subject to
[[Page 9801]]
government control and, thus, should be assessed a single antidumping
duty rate.
It is the Department's standard policy to assign all exporters of
the merchandise subject to review in NME countries a single rate unless
an exporter can affirmatively demonstrate an absence of government
control, both in law (de jure) and in fact (de facto), with respect to
exports. To establish whether a company is sufficiently independent to
be eligible for a separate, company-specific rate, the Department
analyzes each exporting entity in an NME country under the test
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 Notice of Final Determination
of Sales at Less Than Fair Value: Silicon Carbide from the People's
Republic of China, 59 FR 22585 (May 2, 1994) (Silicon Carbide). Under
this policy, exporters in NMEs are eligible for separate, company-
specific margins when they can demonstrate an absence of government
control, in law and in fact, with respect to export activities.
Evidence supporting, though not requiring, a finding of de jure absence
of government control over export activities includes: 1) an absence of
restrictive stipulations associated with an individual exporter's
business and export licenses; 2) any legislative enactments
decentralizing control of companies; and 3) any other formal measures
by the government decentralizing control of companies. De facto absence
of government control over exports is based on four factors: 1) whether
each exporter sets its own export prices independently of the
government and without the approval of a government authority; 2)
whether each exporter retains the proceeds from its sales and makes
independent decisions regarding the disposition of profits or financing
of losses; 3) whether each exporter has the authority to negotiate and
sign contracts and other agreements; and 4) whether each exporter has
autonomy from the government regarding the selection of management.
Shanghai Ocean Flavor requested a separate, company-specific rate.
Shanghai Ocean Flavor provided separate rates information in its
questionnaire response. Accordingly, we performed separate-rate
analysis to determine whether Shanghai Ocean Flavor is independent from
government control. See Notice of Final Determination of Sales at Less
than Fair Value: Bicycles From the People's Republic of China, 61 FR
56570 (April 30, 1996).
De Jure Control
With respect to the absence of de jure government control over the
export activities of the company reviewed, evidence on the record
supports the claim made by Shanghai Ocean Flavor that its export
activities are not controlled by the government. Shanghai Ocean Flavor
submitted evidence of its legal right to set prices independently of
all government oversight. The business license of Shanghai Ocean Flavor
indicates that the company is permitted to engage in the exportation of
crawfish. We found no evidence of de jure government control
restricting this company's exportation of crawfish.
There are no export quotas that apply to crawfish. Prior
verifications have confirmed that there are no commodity-specific
export licenses required and no quotas for the seafood category
``Other,'' which includes crawfish, in China's Tariff and Non-Tariff
Handbook for 1996. In addition, we have previously confirmed that
crawfish is not on the list of commodities with planned quotas in the
1992 PRC Ministry of Foreign Trade and Economic Cooperation document
entitled Temporary Provisions for Administration of Export Commodities.
See e.g., Freshwater Crawfish Tail Meat From The People's Republic of
China; Preliminary Results of New Shipper Review, 64 FR 8543 (February
22, 1999) and Freshwater Crawfish Tail Meat From the People's Republic
of China; Final Results of New Shipper Review, 64 FR 27961 (May 24,
1999).
Shanghai Ocean Flavor submitted a copy of the Company Law of the
People's Republic of China (Company Law), adopted by the Fifth Meeting
of the Standing Committee of the Eighth National People's Congress
(effective July 1, 1994). The Company Law indicates a lack of de jure
government control over privately-owned companies, such as Shanghai
Ocean Flavor, and indicates that control over this enterprise rests
with the enterprise itself. The Company Law states that, ``a company
shall enjoy the rights to the entire property of the legal person
formed by the investments of the shareholders and shall possess civil
rights and bear the civil liabilities in accordance with the law.''
Additionally, Shanghai Ocean Flavor submitted, for the record of this
review, the Foreign Trade Law of the People's Republic of China
(Foreign Trade Law), adopted by the Seventh Meeting of the Standing
Committee of the Eighth National People's Congress (effective on July
1, 1994). The Foreign Trade Law also indicates a lack of de jure
government control over privately-owned companies, such as Shanghai
Ocean Flavor. The Foreign Trade Law regulations state that ``foreign
trade operators shall in accordance with law enjoy full autonomy in
their management and shall be responsible for their own profits and
losses.'' See Notice of Final Determination of Sales at Less Than Fair
Value; Manganese Metal from the People's Republic of China, 60 FR 56045
(November 6, 1995). At verification, we examined the business license
for Shanghai Ocean Flavor, which indicates that the license was granted
in accordance with these laws. The results of verification support the
information provided regarding the Company Law and the Foreign Trade
Law. (See Shanghai Ocean Flavor Verification Report, at 2.) Therefore,
we preliminarily determine that there is an absence of de jure control
over export activity with respect to Shanghai Ocean Flavor.
De Facto Control
With respect to the absence of de facto control over export
activities, the information submitted on the record and reviewed at
verification indicates that the management of Shanghai Ocean Flavor is
responsible for the determination of export prices, profit
distribution, marketing strategy, and contract negotiations. Our
analysis indicates that there is no government involvement in the daily
operations or the selection of management for this company. In
addition, we have found that the respondent's pricing and export
strategy decisions are not subject to the review or approval of any
outside entity, and that there are no governmental policy directives
that affect these decisions.
There are no restrictions on the use of export earnings. The
general manager of Shanghai Ocean Flavor has the right to negotiate and
enter into contracts, and may delegate this authority to employees
within the company. There is no evidence that this authority is subject
to any level of governmental approval. Shanghai Ocean Flavor reported
that its management is selected by a board of directors and there is no
government involvement in the selection process. Finally, decisions
made by the respondent concerning purchases of subject merchandise from
suppliers are not subject to government approval. Consequently, because
evidence on the record indicates an absence of government control, both
in law and in fact, over the company's export activities, we
preliminarily determine that a separate rate should be applied to
Shanghai Ocean Flavor. For
[[Page 9802]]
further discussion of the Department's preliminary determination
regarding the issuance of separate rates, see Memorandum for Dana
Mermelstein from Addilyn Chams-Eddine entitled Separate Rates in the
2002-2003 New Shipper Review of Freshwater Crawfish Tail Meat from the
People's Republic of China, dated February 24, 2004. This memorandum is
on file in the CRU.
Normal Value Comparisons
To determine whether the respondent's sales of the subject
merchandise to the United States were made at a price below normal
value, we compared its United States price to normal value, as
described in the ``United States Price'' and ``Normal Value'' sections
of this notice.
United States Price
Based on the information we have gathered to date, we preliminarily
find Shanghai Ocean Flavor's sales to be bona fide. However, we will
continue to analyze this issue for purposes of the final results of
review. For a discussion of our analysis see Memorandum to the File
through Dana Mermelstein from Addilyn Chams-Eddine entitled Bona Fide
Nature of the New Shipper Review Sales of Shanghai Ocean Flavor
International Trading Co., Ltd., dated February 24, 2004. A public
version of this Memorandum is on file in the CRU.
We based the United States price on export price (EP), in
accordance with section 772(a) of the Act, because the first sale to an
unaffiliated purchaser was made prior to importation, and constructed
export price (CEP) was not otherwise warranted by the facts on the
record. We calculated EP based on the packed price from the exporter to
the first unaffiliated purchaser in the United States. We deducted
foreign inland freight, international freight and foreign brokerage and
handling expenses from the starting price (gross unit price) in
accordance with section 772(c) of the Act.
Normal Value
1. Surrogate Country
When investigating imports from an NME country, section 773(c)(1)
of the Act directs the Department to base normal value, in most
circumstances, on the NME producer's factors of production valued in a
surrogate market-economy country or countries considered to be
appropriate by the Department. In accordance with section 773(c)(4) of
the Act, in valuing the factors of production, the Department shall
use, to the extent practicable, the prices or costs of factors of
production in one or more market-economy countries that are at a level
of economic development comparable to the NME country and are
significant producers of comparable merchandise. The sources of the
surrogate factor values are discussed under the ``Factor Valuations''
section below.
We calculated normal value based on factors of production in
accordance with section 773(c)(4) of the Act and section 351.408(c) of
our regulations. Consistent with the original investigation and the
subsequent administrative reviews of this order, we determined that
India (1) is comparable to the PRC in level of economic development,
and (2) is a significant producer of comparable merchandise. See
Memorandum to the File from Addilyn Chams-Eddine through Dana
Mermelstein: Surrogate Values Used for the Preliminary Results of the
Antidumping Duty New Shipper Review of Freshwater Crawfish Tailmeat
from the People's Republic of China, dated February 24, 2004 (Factor
Values Memo). This Memorandum is on file in the CRU.
2. Factors of Production
Section 773(c)(1) of the Act provides that the Department shall
determine normal value (NV) using a factors-of-production methodology
if (1) the merchandise is exported from an NME country, and (2)
available information does not permit the calculation of normal value
using home-market prices, third-country prices, or constructed value
under section 773(a) of the Act. Factors of production include the
following elements: (1) hours of labor required, (2) quantities of raw
materials employed, (3) amounts of energy and other utilities consumed,
and (4) representative capital costs. We used the verified factors of
production for materials, energy, labor, and packing. We valued all the
input factors using publicly available information, as discussed in the
``Surrogate Countrysection of this notice.
With the exceptions of the whole live crawfish input and the
crawfish shell scrap by-product, we valued the factors of production
using publicly available information from India. We adjusted the Indian
import prices by adding foreign inland freight expenses to make them
delivered prices. For reasons which are discussed below in more detail,
the live crawfish input was valued using Spanish import data and the
crawfish shell scrap was valued using an Indonesian price quote. See
Factor Values Memo.
In accordance with 19 CFR 351.301(c)(3)(ii), for the final results
of an administrative review and a new shipper review, interested
parties may submit publicly available information to value the factors
of production no later than 20 days following the date of publication
of these preliminary results.
3. Factor Valuations
We applied surrogate values to the factors of production to
determine normal value. We valued the factors of production as follows:
Materials
Crawfish
To value the input of whole live crawfish, we used publicly
available data on Spanish imports of whole live crawfish from Portugal.
Based on our research in prior reviews we used Spanish import data
because: (1) there is no crawfish industry in India or in any of the
other countries identified in the list of countries at a level of
economic development comparable to that of the PRC (see Antidumping New
Shipper Review of Freshwater Crawfish Tailmeat from the People's
Republic of China: Request for a List of Surrogate Countries, dated
February 11, 2004, on file in the CRU (Surrogate Countries Memo)); and
(2) Spain is the only country which the Department determined has both
a comparable product and publicly available import statistics. See
e.g., Notice of Preliminary Results of Antidumping Duty New Shipper
Review: Freshwater Crawfish Tail Meat from the People's Republic of
China, 68 FR 7976 (February 19, 2003) (Weishan Zhenyu Prelim). We
adjusted the values of whole live crawfish to include freight costs
incurred between the supplier and the factory. For transportation
distances used in the calculation of freight expenses on whole live
crawfish, we added a surrogate freight cost using the shorter of (a)
the distances between the closest PRC port and the factory, or (b) the
distance between the domestic supplier and the factory. See Notice of
Final Determination of Sales at Less Than Fair Value: Collated Roofing
Nails From the People's Republic of China, 62 FR 51410 (October 1,
1997) (Roofing Nails).
Crawfish Shell Scrap
To value the by-product of crawfish shell scrap, we used a price
quote from Indonesia for wet crab and shrimp shells, because (1) there
is no Indian data suitable for valuing the crawfish scrap factor and
(2) Indonesia is among the countries identified as an appropriate
surrogate. See Memorandum to Barbara E. Tillman, Director, Office of
AD/CVD Enforcement VII, through Maureen Flannery, Program Manager, from
Christian Hughes and
[[Page 9803]]
Adina Teodorescu, Case Analysts: Surrogate Valuation of Shell Scrap:
Freshwater Crawfish Tail Meat from the People's Republic of China
(PRC), Administrative Review 9/1/00-8/31/01 and New Shipper Reviews 9/
1/00-8/31/01 and 9/1/00-10/15/01 (August 5, 2002) and Memorandum to
file from Barbara E. Tillman entitled Summary of Telephone Discussion
with Official of Indo Chitosan International (July 15, 2002). These
documents are included in Attachment 5 to the Factor Values Memo. See
also Surrogate Countries Memo.
Energy
Coal
To value coal, we relied upon Indian import data for steam coal
from the internet version of the online publication, World Trade Atlas.
We adjusted the cost of coal to include an amount for transportation.
To value electricity, we used the average of the total cost per
kilowatt hour (KWH) for ``Electricity for Industry'' as reported in the
International Energy Agency's publication, Key World Energy Statistics
(2003). For water, we relied upon public information from the October
1997 Second Water Utilities Data Book: Asian and Pacific Region,
published by the Asian Development Bank.
Water
To achieve comparability of water prices to the factor reported for
the crawfish tail meat processing period applicable to the company
under review, we adjusted this factor value to reflect inflation during
the POR using the Wholesale Price Index (WPI) for India, as published
in the International Financial Statistics (IFS) by the International
Monetary Fund (IMF).
Packing Material
To value packing materials (plastic bags, cardboard boxes and
adhesive tape), we relied upon the most recent Indian import data for
the period as reported in the World Trade Atlas. We adjusted the values
of packing materials to include freight costs incurred between the
supplier and the factory. For transportation distances used in the
calculation of freight expenses on packing materials, we used the the
shorter of (a) the distances between the closest PRC port and the
factory, or (b) the distance between the domestic supplier and the
factory. (See Roofing Nails.)
Labor
For labor, we used the PRC regression-based wage rate found on
Import Administration's home page, Import Library, Expected Wages of
Selected NME Countries, revised in September 2003 (updated in February
2004). See http://www.ia.ita.doc.gov/wages/01wages/01wages.html Because
of the variability of wage rates in countries with similar per capita
gross domestic products, section 351.408(c)(3) of the Department's
regulations require the use of a regression-based wage rate. The source
of these wage rate data on the Import Administration's web site is the
Year Book of Labour Statistics 2002, International Labour Organization
(ILO), (Geneva: 2002), Chapter 5B: Wages in Manufacturing.
Factory Overhead, SG&A, and Profit
To value factory overhead, selling, general, and administrative
expenses (SG&A), and profit, we continued to use a simple average
derived from the publicly available financial statements of four Indian
seafood processing companies. We applied these rates to the calculated
cost of manufacture. See Factor Values Memo, at 6.
Transportation Expenses
We valued movement expenses as follows: to value truck freight
expenses we used nineteen price quotes as reported in the February 14,
2000 issue of the Indian publication, The Financial Express, which was
used in the antidumping duty investigation of certain circular welded
carbon-quality steel pipe from the PRC. See Notice of Final
Determination of Sales at Less than Fair Value: Certain Circular Welded
Carbon-Quality Steel Pipe from the People's Republic of China , 67 FR
36570 (May 24, 2002). We adjusted the rates to reflect inflation to the
month of the sales of the finished product using the WPI for India from
the International Financial Statistics (IFS) by the International
Monetary Fund (IMF).
Currency Conversion
We made currency conversions pursuant to section 351.415 of the
Department's regulations at the rates certified by the Federal Reserve
Bank.
Preliminary Results of Review
We preliminarily determine that the following dumping margin
exists:
------------------------------------------------------------------------
Exporter/Manufacturer Time Period Margin
------------------------------------------------------------------------
Shanghai Ocean Flavor 9/1/02-2/28/03 45.70%
International Trading Co., Ltd./.
Jiangxi Quanfu Aquatic Food
Product Co., Ltd.................
------------------------------------------------------------------------
Cash Deposit Requirements
Upon completion of the review, bonding will no longer be permitted
and cash deposits will be required. If the final results of the review
remain the same as the preliminary results, the cash deposit rate for
shipments exported by Shanghai Ocean Flavor that were produced by
Jiangxi Quanfu will be the total amount of antidumping duties divided
by the total quantity exported during the POR. See Memorandum to file
dated February 24, 2002, which places on the record of this review the
Memorandum to Barbara E. Tillman through Maureen Flannery, from Mark
Hoadley: Collection of Cash Deposits and Assessment of Duties on
Freshwater Crawfish from the PRC, dated August 27, 2001. This cash
deposit rate will be effective upon publication of the final results of
this new shipper review for all shipments of freshwater crawfish tail
meat from the PRC exported by Shanghai Ocean Flavor that were produced
by Jiangxi Quanfu and entered, or withdrawn from warehouse, for
consumption on or after the date of publication, as provided for by
section 751(a)(2)(C) of the Act. This per kilogram cash deposit rate
will be equivalent to the company-specific dumping margin established
in this review. For crawfish tail meat exported by Shanghai Ocean
Flavor, but not produced by Jiangxi Quanfu, we will apply the PRC-wide
rate, which is currently 223.01 percent, as the cash deposit rate.
Assessment Rates
Upon completion of this new shipper review, the Department shall
determine, and the U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries. The Department
will issue appraisement instructions directly to the CBP upon
completion of this review. For assessment purposes, we calculated
importer-specific assessment rates for freshwater crawfish tail meat
from the PRC. We divided the total dumping margins (calculated as the
difference between NV and EP) for the importer by the total quantity of
subject
[[Page 9804]]
merchandise sold to that importer during the POR. Upon completion of
this review, we will direct CBP to assess antidumping duties on a per
kilogram basis equivalent to the company-specific dumping margin
established in this review for each entry of subject merchandise made
by the importer during the POR that was produced by Jiangxi Quanfu and
exported by Shanghai Ocean Flavor during the POR. The Department will
issue appropriate assessment instructions directly to CBP within 15
days of publication of the final results of review.
Schedule for Final Results of Review
Pursuant to19 CFR 351.224(b), the Department will disclose
calculations performed in connection with the preliminary results of
this review within five days of the date of publication of this notice.
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.
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 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. If a hearing is held, an
interested party may make an affirmative presentation only on arguments
included in that party's case brief and may make a rebuttal
presentation only on arguments included in that party's rebuttal brief.
Parties should confirm by telephone the time, date, and place of the
hearing 48 hours before the scheduled time.
Unless the time limit is extended, the Department will issue the
final results of this new shipper review no later than 90 days after
the signature date of the preliminary results. The final results will
include the analysis of issues raised in the briefs.
Notification to Importers
At the completion of this new shipper review, the Department will
notify the CBP that bonding will no longer be permitted to fulfill
security requirements for shipments exported by Shanghai Ocean Flavor
and produced by Jiangxi Quanfu of freshwater crawfish tail meat from
the PRC that are entered, or withdrawn from warehouse, for consumption
in the United States on or after the publication of the final results
in the Federal Register, and that a cash deposit should be collected
for any entries exported by Shanghai Ocean Flavor.
This notice also serves as a preliminary reminder to importers of
their responsibility under 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during these review
periods. 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 new shipper review and this notice are published in accordance
with sections 751(a)(2)(B) and 777 (I)(1) of the Act.
Dated: February 24, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-4614 Filed 3-1-04; 8:45 am]