[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Notices]
[Pages 61833-61834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29755]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China; Initiation of New Shipper Antidumping Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of new shipper antidumping reviews.
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SUMMARY: The Department of Commerce (the Department) has received
requests from Yixing Ban Chang Foods Co., Ltd. (Yixing), Fujian Pelagic
Fishery Group Company (Fujian Pelagic), Yangzhou Lakebest Foods Co.,
Ltd. (Lakebest), Suqian Foreign Trade Co., Ltd. (Suqian), Qingdao
Zhengri Seafood Co., Ltd. (Qingdao Zhengri), and Shantou SEZ Yangfeng
Marine Products Company (Yangfeng) to conduct new shipper reviews of
the antidumping duty order on freshwater crawfish tail meat from The
People's Republic of China (PRC). In accordance with the Department's
current regulations, we are initiating these new shipper reviews.
EFFECTIVE DATE: November 15, 1999.
FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn or Maureen Flannery,
AD/CVD Enforcement, 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) 482-3020, respectively.
The Applicable Statute and Regulations
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 current
regulations, codified at 19 CFR part 351 (1998).
Background
On September 19, 1999, and September 30, 1999, the Department
received timely requests, in accordance with section 751(a)(2)(B)(ii)
of the Act, and section 351.214(c) of the Department's regulations, for
new shipper reviews of this antidumping duty order which has a
September anniversary date.
Initiation of Reviews
In its September 19, 1999, request for review, Yixing certified
that it did not export the subject merchandise to the United States
during the period of investigation (POI) and that it is not affiliated
with any company which exported subject merchandise to the United
States during the POI, as required by 19 CFR 351.214(b)(2)(i) and
(iii)(A). Yixing further certified that its export activities are not
controlled by the central government of the PRC, satisfying the
requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant to the
Department's regulations at 19 CFR 351.214(b)(2)(iv), Yixing submitted
documentation establishing the date on which it first shipped the
subject merchandise to the United States, the volume of that first
shipment, and the date of its first sale to an unaffiliated customer in
the United States.
In its September 30, 1999 request for review, Fujian Pelagic
certified that it did not export the subject merchandise to the United
States during the POI and that it is not affiliated with any company
which exported subject merchandise to the United States during the POI,
as required by 19 CFR 351.214(b)(2)(i) and (iii)(A). Fujian Pelagic
further certified that its export activities are not controlled by the
central government of the PRC, satisfying the requirements of 19 CFR
351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19
CFR 315.214(b)(2)(iv), Fujian Pelagic submitted documentation
establishing the date on which it first shipped the subject merchandise
to the United States, the volume of that first shipment, and the date
of its first sale to an unaffiliated customer in the United States. In
addition, Fujian Pelagic submitted a statement from Fujian Hualong
Aquatic Trade Development Company Lianjiang Aquatic Processing
[[Page 61834]]
Factory (Lianjiang Aquatic), the producer/supplier of subject
merchandise to Fujian Pelagic. In that statement, Lianjiang Aquatic
certified that it did not export subject merchandise during the POI and
that it is not affiliated with any exporter or producer who exported
subject merchandise during the POI as required by Department regulation
19 CFR 351.214(b)(2)(ii)(B). Lianjiang Aquatic further certified that
its export activities are not controlled by the government of the PRC
pursuant to Department regulation 19 CFR 351.214(b)(2)(iii)(B).
In its September 30, 1999 request for review, Lakebest certified
that it did not export the subject merchandise to the United States
during the POI and that it is not affiliated with any company which
exported subject merchandise to the United States during the POI, as
required by 19 CFR 351.214(b)(2)(i) and (iii)(A). Lakebest further
certified that its export activities are not controlled by the central
government of the PRC, satisfying the requirements of 19 CFR
351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19
CFR 351.214(b)(2)(iv), Lakebest submitted documentation establishing
the date on which it first shipped the subject merchandise to the
United States, the volume of that first shipment, and the date of its
first sale to an unaffiliated customer in the United States.
In its September 30, 1999 request for review, Suqian certified that
it did not export the subject merchandise to the United States during
the POI and that it is not affiliated with any company which exported
subject merchandise to the United States during the POI, as required by
19 CFR 351.214(b)(2)(i) and (iii)(A). Suqian further certified that its
export activities are not controlled by the central government of the
PRC, satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B).
Pursuant to the Department's regulations at 19 CFR 351.214(b)(2)(iv),
Suqian submitted documentation establishing the date on which it first
shipped the subject merchandise to the United States, the volume of
that first shipment, and the date of its first sale to an unaffiliated
customer in the United States. In addition, Suqian submitted a
statement from Suyang Shuangyu Food Co., Ltd. (Shuangyu), the producer/
supplier of subject merchandise to Suqian. In that statement, Shuangyu
certified that it did not export subject merchandise during the POI and
that it is not affiliated with any exporter or producer who exported
subject merchandise during the POI as required by Department regulation
19 CFR 351.214(b)(2)(ii)(B). Shuangyu further certified that its export
activities are not controlled by the government of the PRC pursuant to
Department regulation 19 CFR 351.214(b)(2)(iii)(B).
In its September 30, 1999 request for review, Qingdao Zhengri
certified that it did not export the subject merchandise to the United
States during the POI and that it is not affiliated with any company
which exported subject merchandise to the United States during the POI,
as required by 19 CFR 351.214(b)(2)(i) and (iii)(A). Qingdao Zhengri
further certified that its export activities are not controlled by the
central government of the PRC, satisfying the requirements of 19 CFR
351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19
CFR 351.214(b)(2)(iv), Qingdao Zhengri submitted documentation
establishing the date on which it first shipped the subject merchandise
to the United States, the volume of that first shipment, and the date
of its first sale to an unaffiliated customer in the United States.
In its September 30, 1999 request for review, Yangfeng certified
that it did not export the subject merchandise to the United States
during the POI and that it is not affiliated with any company which
exported subject merchandise to the United States during the POI, as
required by 19 CFR 351.214(b)(2)(i) and (iii)(A). Yangfeng further
certified that its export activities are not controlled by the central
government of the PRC, satisfying the requirements of 19 CFR
351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19
CFR 351.214(b)(2)(iv), Yangfeng submitted documentation establishing
the date on which it first shipped the subject merchandise to the
United States, the volume of that first shipment, and the date of its
first sale to an unaffiliated customer in the United States.
It is the Department's usual practice in cases involving non-market
economies to require that companies seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate
provide de jure and de facto evidence of an absence of government
control over the company's export activities. Accordingly, we will
issue a separate rates questionnaire to the above-named respondents,
allowing 37 days for response. If a respondent's response provides
sufficient indication that it is not subject to either de jure or de
facto government control with respect to its exports of crawfish, the
review of its crawfish exports will proceed. If, on the other hand, a
respondent does not demonstrate its eligibility for a separate rate,
then that respondent will be deemed to be affiliated with other
companies that exported during the POI and that did not establish
entitlement to a separate rate, and its review will be terminated.
In accordance with section 751(a)(2)(B) and 19 CFR 351.214(d), we
are initiating new shipper reviews of the antidumping duty order on
freshwater crawfish tail meat from the PRC. In accordance with 19 CFR
351.214(i)(1), the Department will issue the preliminary results of
these reviews not later than 180 days from the date of initiation.
In accordance with section 351.214(g)(1)(i)(A) of the Department's
regulations, the period of review (POR) for a new shipper review
initiated in the month immediately following the annual anniversary
month is the twelve-month period preceding the anniversary month.
Therefore, the POR for these new shippers is September 1, 1998, through
August 31, 1999.
Concurrent with publication of this notice and in accordance with
19 CFR 351.214(e), we will instruct the U.S. Customs Service to allow,
at the option of the importers, the posting of a bond or security in
lieu of a cash deposit for each entry of the merchandise exported by
the companies listed above, until the completion of the reviews.
The interested parties must submit applications for disclosure
under administrative protective order in accordance with 19 CFR 351.305
and 351.306.
This initiation and notice are in accordance with section 751(a) of
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214.
Dated: November 1, 1999.
Joseph A. Spetrini,
Deputy Assistant Secretary for AD/CVD Enforcement III.
[FR Doc. 99-29755 Filed 11-12-99; 8:45 am]
BILLING CODE 3510-DS-M