Federal Register / Vol. 73, No.
73 / Tuesday, April 15, 2008 / Notices 20249
2 10(a)(1) and 10(a)(3). The remaining
portions of the meeting will be open to
the public.
For more information contact Yvette
Springer on (202) 482–2813.
Dated: April 9, 2008.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. E8–7909 Filed 4–14–08; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–848)
Freshwater Crawfish Tail Meat From
the People’s Republic of China: Final
Results and Partial Rescission of the
2005–2006 Antidumping Duty
Administrative Review and Rescission
of 2005–2006 New Shipper Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 15, 2008.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review and new shipper
reviews of the antidumping duty order
on freshwater crawfish tail meat
(crawfish) from the People’s Republic of
China (PRC). The period of review
(POR) is September 1, 2005, through
August 31, 2006. The Department
published the preliminary results of
these reviews on October 9, 2007. See
Freshwater Crawfish Tail Meat From the
People’s Republic of China: Preliminary
Results and Partial Rescission of the
2005–2006 Antidumping Duty
Administrative Review and Preliminary
Intent to Rescind 2005–2006 New
Shipper Reviews, 72 FR 57288 (October
9, 2007) (Preliminary Results). We
invited interested parties to comment on
the Preliminary Results. After reviewing
interested parties’ comments, we made
no changes to our calculations for the
final results of review. The final
dumping margins for this review are
listed in the ‘‘Final Results of Review’’
section below.
FOR FURTHER INFORMATION CONTACT:
Melissa Blackledge or Jeff Pedersen; AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
jlentini on PROD1PC65 with NOTICES
Ave., N.W., Washington, DC 20230;
telephone: (202) 482–3518 or (202) 482–
2769, respectively.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005 17:31 Apr 14, 2008 Jkt 214001
Background
The Department published the
Preliminary Results on October 9, 2007.
On December 17, 2007, the petitioners1,
Xuzhou Jinjiang Foodstuffs Co., Ltd.
(Xuzhou), Washington International
Insurance Co. (WII), the surety company
for the U.S. importer of Xuzhou’s
subject merchandise, and Jingdezhen
Garay Foods Co., Ltd (Jingdezhen)
submitted case briefs. On December 26,
2007, Xiping Opeck Food Co., Ltd.
(Xiping Opeck), and the petitioners
submitted rebuttal briefs. On February
22, 2008, WII and Xuzhou submitted
comments in response to a
memorandum the Department placed on
the record regarding Xuzhou’s
shipments to the United States. See
Memorandum from Jeff Pedersen to the
File regarding ‘‘Information Obtained
from the Food and Drug Administration
Regarding Shipments by Xuzhou
Jinjiang Foodstuffs Co., Ltd.,’’ dated
February 7, 2008.
On February 1, 2008, the Department
extended the time period for completion
of the final results until April 7, 2008.
See Freshwater Crawfish Tail Meat
From the People’s Republic of China:
Notice of Extension of Time Limit for
the Final Results of the 2005–2006
Antidumping Duty Administrative
Review and 2005–2006 New Shipper
Reviews, 73 FR 6127 (February 1, 2008).
Scope of the 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 (HTSUS)
under item numbers 1605.40.10.10 and
1605.40.10.90, which are the new
HTSUS numbers for prepared
foodstuffs, indicating peeled crawfish
tail meat and other, as introduced by
CBP in 2000, and HTSUS numbers
0306.19.00.10 and 0306.29.00.00, which
are reserved for fish and crustaceans in
general. The HTSUS subheadings are
provided for convenience and customs
purposes only. The written description
of the scope of this order is dispositive.
1 The petitioners are the Crawfish Processors
Alliance, the Louisiana Department of Agriculture
and Forestry, and Bob Odom, Commissioner.
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Final Rescission of New Shipper
Reviews
In the Preliminary Results, the
Department preliminarily rescinded the
new shipper reviews of Anhui Tongxin
Aquatic Product & Food Co., Ltd.
(Anhui), Huoshan New Three–Gold
Food Trade Co., Ltd. (Huoshan), and
Jingdezhen because it found the
companies’ sales were not bona fide.
See Preliminary Results; see also,
separate memoranda for each of these
companies to Stephen J. Claeys, Deputy
Assistant Secretary For Import
Administration from Abdelali
Elouaradia, Director, Office 4 Import
Administration, regarding Bona Fide
Sales Analysis and Intent to Rescind the
Review (dated October 1, 2007).
We received comments with respect
to our preliminary decision to rescind
the new shipper review for Jingdezhen.
The Department continues to find sales
by Anhui, Huoshan, and Jingdezhen to
be non–bona fide. See Comment 2 of the
‘‘Issues and Decision Memorandum for
the Final Results and Partial Rescission
of the 2005–2006 Antidumping Duty
Administrative Review and Rescission
of 2005–2006 New Shipper Reviews’’
(Issues and Decision Memorandum)
accompanying this notice for a detailed
discussion of our decision with respect
to Jingdezhen. Because these companies
had no reviewable sales during the POR,
the Department is rescinding these new
shipper reviews. See 19 CFR
351.213(d)(3); see also, Tianjin
Tiancheng Pharmaceutical Co., Ltd. v.
United States, 366 F. Supp. 2d 1246,
1263 (CIT 2005) (the Court of
International Trade affirmed that
Commerce may exclude sales from the
export price calculation where it finds
the sales are not bona fide. In the case
of new shipper reviews involving only
one sale, exclusion of the new shipper
sale as being non–bona fide must
necessarily end the review).
Final Partial Rescission of
Administrative Review
In the Preliminary Results, the
Department preliminarily rescinded the
administrative review of Yancheng Hi–
King Agriculture Developing Co., Ltd.
(Yancheng), which reported no
shipments, and Anhui, whose single
sale, which was covered by both the
new shipper review and administrative
review, the Department found to be
non–bona fide. Interested parties did
not comment on these preliminary
rescissions. For the reasons stated in the
Preliminary Results, we are rescinding
the administrative review with respect
to Yancheng and Anhui. See 19 CFR
351.213(d)(3).
15APN1
 20250 Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Notices
Adverse Facts Available
In the Preliminary Results, the
Department found that Xuzhou failed to
report all of its U.S. sales of subject
merchandise, and thus it was
appropriate to base the company’s
dumping margin on total adverse facts
available. For these final results, the
Department continues to find that it is
appropriate to base Xuzhou’s dumping
margin on total adverse facts available.
See the accompanying Issues and
Decision Memorandum at Comment 3.
Analysis of Comments Received
All issues raised in the case briefs are
addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. A list of the issues which
parties raised and to which we
responded in the Issues and Decision
Memorandum is attached to this notice
as an appendix. The Issues and Decision
Memorandum is a public document
which is on file in the Central Records
Unit in room 1117 in the main
Department building, and is accessible
on the Web at http://
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
There have been no changes since the of the relevant entries during this
Preliminary Results.
Final Results of Review
We determine that the following
percentage margins exist for the period
September 1, 2005, through August 31,
2006:
FRESHWATER CRAWFISH TAIL MEAT
FROM THE PRC
Weighted– responsibility concerning the return or
Manufacturer/Exporter
(Percent)
Xiping Opeck Food Co., Ltd .......
Xuzhou Jinjiang Foodstuffs Co.,
Ltd. ..........................................
PRC–wide Rate ..........................
Assessment Rates
Pursuant to 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions determination and notice in accordance
to CBP 15 days after the date of
publication of these final results of
jlentini on PROD1PC65 with NOTICES
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
VerDate Aug<31>2005 17:31 Apr 14, 2008 Jkt 214001
publication of this notice of final results
of administrative review for all
shipments of crawfish 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) for Xiping
Opeck and Xuxhou, which each have
separate rates, the cash deposit rate will
be the company–specific rate shown
above; (2) for previously reviewed or
investigated companies not listed above
that have a separate rate, the cash
deposit rate will continue to be the
company–specific rate published for the
most recent period; (3) the cash deposit
rate for all other PRC exporters will be
223.01 percent, the current PRC–wide
rate; and (4) the cash deposit rate for all
non–PRC exporters will be the rate
applicable to the PRC exporter that
supplied that exporter. These cash
deposit requirements shall remain in
effect until further notice.
Notification of Interested Parties
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
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
Average
Margin destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
13.61 to govern business proprietary
information in this segment of the
223.01
proceeding. Timely written notification
223.01
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
with sections 751(a)(1) and 777(i)(1) of
the Act.
PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\15APN1.SGM
Dated: April 7, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix – List of Issues
Comment 1: Whether the Department
Should Assign a Combination Rate to
Xiping Opeck
Comment 2: Whether Jingdezhen’s Sale
was Bona Fide
Comment 3: Whether Xuzhou’s
Dumping Margin Should be Based on
Total Adverse Facts Available
A. Unreported POR Sales of Subject
Merchandise
B. Application of Adverse Facts
Available
C. The Appropriate AFA Rate
Comment 4: Whether the Department
Should have Accepted New Factual
Information Submitted by Washington
International Insurance Company
Comment 5: Whether Certain Factual
Information Should be Removed from
the Record
[FR Doc. E8–8046 Filed 4–14–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–933]
Frontseating Service Valves From the
People’s Republic of China: Initiation
of Antidumping Duty Investigation
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 15, 2008.
FOR FURTHER INFORMATION CONTACT:
Hallie N. Zink, AD/CVD Operations,
China/NME Group, SEC Office, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: 202–482–6907.
Initiation of Investigation
The Petition
On March 19, 2008, the Department of
Commerce (‘‘Department’’) received a
petition concerning imports of
frontseating service valves (‘‘FSVs’’)
from the People’s Republic of China
(‘‘PRC’’), filed in proper form by Parker-
Hannifin Corporation (‘‘Petitioner’’). See
Petition for the Imposition of
Antidumping Duties on Frontseating
Service Valves, filed March 19, 2008
(‘‘Petition’’). On March 25, 2008, the
Department issued a request for
15APN1