[Federal Register: December 6, 2002 (Volume 67, Number 235)]
[Notices]
[Page 72645-72646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de02-39]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Final Results of Expedited Sunset Review: Freshwater Crawfish
Tail Meat From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Expedited Sunset Review: Freshwater
Crawfish Tail Meat From the People's Republic of China.
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SUMMARY: On August 2, 2002, the Department of Commerce (``the
Department'') published the notice of initiation of a five-year sunset
review of the antidumping duty order on freshwater crawfish tail meat
from the People's Republic of China (``PRC''), pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act'').\1\ On the
basis of a notice of intent to participate and adequate substantive
comments filed on behalf of domestic interested parties, and inadequate
response (in this case no response) from respondent interested parties,
the Department determined to conduct an expedited sunset review of this
antidumping duty order. As a result of this review, the Department
finds that revocation of the antidumping order would be likely to lead
to continuation or recurrence of dumping at the levels indicated in the
``Final Results of Review'' section of this notice.
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\1\ Notice of Initiation of Five Year ``Sunset'' Review of
Antidumping Duty Order on Freshwater Crawfish Tail Meat from the
People's Republic of China, 67 FR 50420 (August 2, 2002).
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EFFECTIVE DATE: December 6, 2002.
FOR FURTHER INFORMATION CONTACT: Amir R. Eftekhari or James P. Maeder,
Jr., Office of Policy for Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5331 or (202) 482-3330.
SUPPLEMENTARY INFORMATION:
Statute and Regulations
This review is conducted pursuant to sections 751(c) and 752 of the
Act. The Department's procedures for the conduct of sunset reviews are
set forth in Procedures for Conducting Five-year ( ``Sunset'') Reviews
of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20,
1998) (``Sunset Regulations'') and in 19 CFR part 351 (2002) in
general. Guidance on methodological or analytical issues relevant to
the Department's conduct of sunset reviews is set forth in the
Department's Policy Bulletin 98:3 Policies Regarding the Conduct of
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy
Bulletin'').
Scope of 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 investigation and 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 HTSUS
subheading 0306.19.00.10 and 0306.29.00.00. The HTSUS subheadings are
provided for convenience and Customs purposes only. The written
description of the scope of this proceeding is dispositive.
Background
On August 2, 2002, the Department published the notice of
initiation of the five-year sunset review of the antidumping duty order
on freshwater crawfish tail meat from the PRC in accordance with
section 751(c) of the Act.\2\ On August 16, 2002, the Department
received a Notice of Intent to Participate on behalf of the Crawfish
Processors Alliance (``CPA'') and its members; the Louisiana Department
of Agriculture and Forestry (``LDAF''); Bob Odom, Commissioner; and the
Domestic Parties \3\ (collectively, ``the domestic interested
parties'') as specified in section 351.218(d)(1)(i) of the Sunset
Regulations.
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\2\ Notice of Initiation of Five Year ``Sunset'' Review of
Antidumping Duty Order on Freshwater Crawfish Tail Meat from the
People's Republic of China, 67 FR 50420 (August 2, 2002).
\3\ The ``Domestic Parties'' are an ad hoc association
comprising the CPA, LDAF, Commissioner Odom, and each of the
individual members of the CPA listed in Exhibit A of the
Petitioner's Substantive Response dated September 2, 2002. The
Domestic Parties are `` `an association, a majority of whose members
is composed of interested parties described in subparagraph (C),
(D), or (E) of {19 U.S.C. 1677(9){time} [771(9)(C)(D)(E) of the Act]
with respect to the domestic like product,' and are an interested
party under 19 U.S.C. 1677(9) [771(9)(F) of the Act].''
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On September 3, 2002, the Department received a complete
substantive response from the domestic interested parties, as specified
in the Sunset Regulations under section 351.218(d)(3)(i).
The Department did not receive a substantive response from any
respondent interested party in this proceeding. Consequently, pursuant
to section 751(c)(3)(B) of the Act, and 19 CFR 351.218(e)(1)(ii)(C),
the Department conducted an expedited (120-day) sunset review of this
order.
Analysis of Comments Received
All issues raised by the domestic interested parties to this sunset
review are addressed in the Issues and Decision Memorandum (``Decision
Memorandum'') from Jeffrey A. May, Director, Office of Policy, Import
Administration, to Faryar Shirzad, Assistant Secretary for Import
Administration, dated November 29, 2002, which is adopted by this
notice. The issues discussed in the Decision Memorandum include the
likelihood of continuation or recurrence of dumping and the magnitude
of the margin likely to prevail were the order revoked. Parties can
find a complete discussion of all issues raised in this sunset review
and the corresponding recommendations in this public memorandum which
is on file in the Central Records Unit, room B-099, of the Department's
main building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the internet at http://ia.ita.doc.gov/frn, under
the heading ``November 2002.'' The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Review
We determine that revocation of the antidumping duty order would
likely lead to continuation or recurrence of dumping at the following
percentage weighted-average margins:
[[Page 72646]]
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Weighted-
average
Manufacturer/producers/ exporter margin
(percent)
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China Everbright Trading Company........................... 156.77
Binzhou Prefecture Foodstuffs Import & Export Corp......... 119.39
Huaiyin Foreign Trade Corp................................. 91.50
Yancheng Foreign Trade Corp................................ 108.05
Jiangsu Cereals, Oils & Foodstuffs Import & Export Corp.... 122.92
Yancheng Baolong Aquatic Foods Co., Ltd.................... 122.92
Huaiyin Ningtai Fisheries Co., Ltd......................... 122.92
Nantong Delu Aquatic Food Co., Ltd......................... 122.92
PRC-wide Rate.............................................. 201.63
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This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of 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 violation which is subject to sanction.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: November 27, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-30870 Filed 12-5-02; 8:45 am]