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
Federal RegisterSep 15, 1997
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
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
AGENCY: International Trade Administration, Import Administration,
Department of Commerce
EFFECTIVE DATE: (September 15, 1997.)
FOR FURTHER INFORMATION CONTACT: Elisabeth Urfer, Rebecca Trainor, or
Maureen Flannery, AD/CVD Enforcement, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington D.C. 20230; telephone:
(202) 482-0780, (202) 482-0666, or (202) 482-3020, respectively.
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 regulations as
codified at 19 CFR Part 353 (April 1, 1997).
Case History and Amendment of the Final Determination
On August 1, 1997, the Department of Commerce (the Department)
published in the Federal Register (62 FR 41347) the final determination
of its sales-at-less-than-fair-value (LTFV) investigation of freshwater
crawfish tail meat (crawfish tail meat) from the People's Republic of
China (PRC). The investigation covered the period March 1, 1996 through
August 31, 1996. We are amending the final determination to correct
ministerial errors made in the list of exporters receiving weighted-
average dumping margins. In the final determination, we inadvertently
included Anhui Cereals, Oils and Foodstuffs Import and Export
[[Page 48219]]
Corporation (Anhui) in the list of exporters receiving weighted-average
dumping margins. In the investigation we had determined that Anhui had
no shipments of subject merchandise during the POI, and therefore
should receive the China-Wide rate. In addition, in the final
determination, we inadvertently excluded Huaiyin Ningtai Fisheries Co.,
Ltd. (Huayin Ningtai) from the list of exporters receiving weighted-
average dumping margins, even though Huayin Ningtai had participated in
this proceeding and is entitled to the rate for participating, non-
selected respondents. The corrected list of manufacturers/exporters
receiving weighted-average dumping margins is in the ``Antidumping Duty
Order'' section below. We are publishing this amendment to the final
determination in accordance with 19 CFR 353.28(c).
Scope of the Order
The product covered by this investigation and 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 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 (HTS) under item
numbers 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 proceeding is dispositive.
Antidumping Duty Order
On September 8, 1997, in accordance with section 735(d) of the Act,
the U.S. International Trade Commission (ITC) notified the Department
that a U.S. industry is materially injured by reason of imports of
crawfish tail meat from the PRC, pursuant to section 735(b)(1)(A) of
the Act. Therefore, in accordance with section 736(a)(1) of the Act,
the Department will direct the United States Customs Service to assess,
upon further advice by the Department, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds the export
price of the merchandise for all relevant entries of crawfish tail meat
from the PRC. These antidumping duties will be assessed on all
unliquidated entries of crawfish tail meat from the PRC entered, or
withdrawn from warehouse, for consumption on or after March 26, 1997,
the date on which the Department published its preliminary
determination notice in the Federal Register (62 FR 14392).
On or after the date of publication of this notice in the Federal
Register, U.S. Customs officers must require, at the same time as
importers would normally deposit estimated duties, the cash deposits
listed below for the subject merchandise. The ``China-wide'' rate
applies to all exporters of crawfish tail meat not specifically listed
below.
The ad valorem weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weight-
average
Manufacturer/producer/exporter margin
percentage
------------------------------------------------------------------------
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..... \1\ 122.92
Yancheng Baolong Aquatic Foods Co., Ltd..................... \1\ 122.92
Huaiyin Ningtai Fisheries Co., Ltd.......................... \1\ 122.92
Nantong Delu Aquatic Food Co., Ltd.......................... \1\ 122.92
China-wide Rate............................................. 201.63
------------------------------------------------------------------------
\1\ Rate is based on the weighted-average of calculated rates that are
not zero or based on facts available.
This notice constitutes the antidumping duty order with respect to
crawfish tail meat from the PRC, pursuant to section 736(a) of the Act.
Interested parties may contact the Central Records Unit, Room B-099 of
the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 353.21.
Dated: September 10, 1997.
Jeffrey P. Bialos,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-24465 Filed 9-12-97; 8:45 am]
BILLING CODE 3510-DS-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.