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.

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