80_FR_60818 80 FR 60624 - Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Reviews; 2013-2014

80 FR 60624 - Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Reviews; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range60624-60626
FR Document2015-25412

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 from the People's Republic of China (PRC). The period of review (POR) for the administrative review and new shipper reviews is September 1, 2013, through August 31, 2014. The Department preliminarily determines that China Kingdom (Beijing) Import & Export Co., Ltd. (China Kingdom), Deyan Aquatic Products and Food Co., Ltd. (Deyan Aquatic), Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei Yuesheng), and Weishan Hongda Aquatic Food Co., Ltd (Weishan Hongda) have not made sales of subject merchandise in the United States at prices below normal value. With respect to Shanghai Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean), see section below entitled ``Separate Rate for a Non-Selected Company.''

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60624-60626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25412]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and New Shipper Reviews; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
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 from the People's Republic of 
China (PRC). The period of review (POR) for the administrative review 
and new shipper reviews is September 1, 2013, through August 31, 2014. 
The Department preliminarily determines that China Kingdom (Beijing) 
Import & Export Co., Ltd. (China Kingdom), Deyan Aquatic Products and 
Food Co., Ltd. (Deyan Aquatic), Hubei Yuesheng Aquatic Products Co., 
Ltd. (Hubei Yuesheng), and Weishan Hongda Aquatic Food Co., Ltd 
(Weishan Hongda) have not made sales of subject merchandise in the 
United States at prices below normal value. With respect to Shanghai 
Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean), see 
section below entitled ``Separate Rate for a Non-Selected Company.''

DATES: Effective Date: October 7, 2015.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla (China Kingdom), Andre 
Gziryan (Deyan Aquatic), Bryan Hansen (Hubei Yuesheng) or Catherine 
Cartsos (Weishan Hongda), AD/CVD Operations, Office I, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3477, (202) 482-2201, (202) 482-3683, or 
(202) 482-1757, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the antidumping duty order is freshwater 
crawfish tail meat, which is currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under item numbers 
1605.40.10.10, 1605.40.10.90, 0306.19.00.10, and 0306.29.00.00. On 
February 10, 2012, the Department added HTSUS classification number 
0306.29.01.00 to the scope description pursuant to a request by U.S. 
Customs and Border Protection (CBP). While the HTSUS numbers are 
provided for convenience and customs purposes, the written description 
is dispositive. A full description of the scope of the order is 
contained in the Preliminary Decision Memorandum.\1\
---------------------------------------------------------------------------

    \1\ See the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review and New Shipper Reviews: 
Freshwater Crawfish Tail Meat from the People's Republic of China'' 
dated concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department conducted these reviews in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price 
is calculated in accordance with section 772(c) of the Act. Because the 
PRC is a non-market economy (NME) within the meaning of section 771(18) 
of the Act, normal value has been calculated in accordance with section 
773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and in the Central Records 
Unit, room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions are identical in content.

[[Page 60625]]

Separate Rate for a Non-Selected Company

    Shanghai Ocean is the only exporter of crawfish tail meat from the 
PRC that demonstrated its eligibility for a separate rate which was not 
selected for individual examination in this administrative review. The 
calculated rates of the respondents selected for individual examination 
are all zero. We conclude that, in this case a reasonable method for 
determining the rate for the non-selected company, Shanghai Ocean, is 
to apply the average of the zero margins calculated for the two 
mandatory respondents in the administrative review, China Kingdom and 
Deyan Aquatic. For a detailed discussion, see Preliminary Decision 
Memorandum.

Preliminary Results of Reviews

    The Department determines that the following preliminary dumping 
margins exist for the administrative review covering the period 
September 1, 2013, through August 31, 2014:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
China Kingdom (Beijing) Import & Export Co., Ltd........            0.00
Deyan Aquatic Products and Food Co., Ltd................            0.00
Shanghai Ocean Flavor International Trading Co., Ltd....            0.00
------------------------------------------------------------------------

     As a result of the new shipper reviews, the Department 
preliminarily determines that dumping margins of 0.00 percent exist for 
merchandise produced and exported by Hubei Yuesheng Aquatic Products 
Co., Ltd. and for merchandise produced and exported by Weishan Hongda 
Aquatic Food Co., Ltd. covering the period September 1, 2013, through 
August 31, 2014.

Disclosure and Public Comment

    The Department will disclose calculations performed in these 
preliminary results to parties within five days after the date of 
publication of this notice.\2\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit cases briefs no later than 30 days after 
the date of publication of these preliminary results of review.\3\ 
Parties who submit arguments are requested to submit with the argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities. Rebuttal briefs, limited to issues raised 
in case briefs, may be filed no later than five days after the time 
limit for filing the case briefs, as specified by 19 CFR 351.309(d).
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance. All documents must be filed electronically using ACCESS 
which is available to registered users at http://access.trade.gov. An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the 
date of publication of this notice.\4\ Requests should contain (1) the 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. If a request for a hearing is made, we will inform parties of 
the scheduled date for the hearing, which will be held at the U.S. 
Department of Commerce, 14th and Constitution Avenue NW., Washington, 
DC 20230, at a time and location to be determined.\5\ Parties should 
confirm by telephone or email the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
    \5\ Id.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of these reviews, including the results of its analysis of 
issues raised by parties in their comments, within 120 days after the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, the Department will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by these reviews.\6\ If a respondent's weighted average dumping margin 
is above de minimis (i.e., 0.50 percent) in the final results of these 
reviews, the Department will calculate an importer-specific assessment 
rate on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales and, where possible, the 
total entered value of sales, in accordance with 19 CFR 351.212(b)(1). 
In these preliminary results, the Department applied the assessment 
rate calculation method adopted in the Final Modification for Reviews, 
i.e., on the basis of monthly average-to-average comparisons using only 
the transactions associated with the importer with offsets being 
provided for non-dumped comparisons.\7\ Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
\8\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b)(1).
    \7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    Pursuant to the Department's assessment practice in NME cases,\9\ 
for entries that were not reported in the U.S. sales databases 
submitted by companies individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. We intend to issue assessment instructions to CBP 15 days after 
the date of publication of the final results of these reviews.
---------------------------------------------------------------------------

    \9\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of these reviews (except if the rate 
is zero or de minimis, i.e., less than 0.5 percent, then no cash 
deposit will be required) (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that received a separate 
rate in a prior segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific rate; (3) for all PRC 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
PRC-wide entity; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter.
    With respect to Hubei Yuesheng, a new shipper respondent, the 
Department established a combination cash deposit rate for this company

[[Page 60626]]

consistent with its practice as follows: (1) For subject merchandise 
produced and exported by Hubei Yuesheng, the cash deposit rate will be 
the rate established for Hubei Yuesheng in the final results of the 
NSR; (2) for subject merchandise exported by Hubei Yuesheng, but not 
produced by Hubei Yuesheng, the cash deposit rate will be the rate for 
the PRC-wide entity; and (3) for subject merchandise produced by Hubei 
Yuesheng but not exported by Hubei Yuesheng, the cash deposit rate will 
be the rate applicable to the exporter.
    With respect to Weishan Hongda, a new shipper respondent, the 
Department established a combination cash deposit rate for this company 
consistent with its practice as follows: (1) For subject merchandise 
produced and exported by Weishan Hongda, the cash deposit rate will be 
the rate established for Weishan Hongda in the final results of the 
NSR; (2) for subject merchandise exported by Weishan Hongda, but not 
produced by Weishan Hongda, the cash deposit rate will be the rate for 
the PRC-wide entity; and (3) for subject merchandise produced by 
Weishan Hongda but not exported by Weishan Hongda, the cash deposit 
rate will be the rate applicable to the exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a preliminary 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 
of the relevant entries during these PORs. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing the preliminary results of these 
reviews in accordance with sections 751(a)(1), 751(a)(2)(B)(iv), 
751(a)(3), 777(i) of the Act and 19 CFR 351.213(h), 351.214 and 
351.221(b)(4).

    Dated: September 30, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Verification
6. Non-Market-Economy Country Status
7. Surrogate Country
8. Separate Rates
9. Absence of De Jure Control
10. Absence of De Facto Control
11. Separate Rate for a Non-Selected Company
12. Fair Value Comparisons
13. U.S. Price
14. Normal Value
15. Surrogate Values
16. Currency Conversion
17. Recommendation

[FR Doc. 2015-25412 Filed 10-6-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    60624                      Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

                                                    coverage estimates at national and sub-                   Comments submitted in response to                   Scope of the Order
                                                    national levels. In addition, MAFCS will                this notice will be summarized and/or
                                                    evaluate the in-office address                          included in the request for OMB                         The merchandise subject to the
                                                    canvassing operation and provide                        approval of this information collection;              antidumping duty order is freshwater
                                                    continuous updates to the MAF for                       they also will become a matter of public              crawfish tail meat, which is currently
                                                    current surveys and the Census. MAFCS                   record.                                               classified in the Harmonized Tariff
                                                    leverages existing Census Bureau                          Dated: October 2, 2015.
                                                                                                                                                                  Schedule of the United States (HTSUS)
                                                    programs and systems to achieve these                                                                         under item numbers 1605.40.10.10,
                                                                                                            Glenna Mickelson,
                                                    objectives. Data collection for MAFCS                                                                         1605.40.10.90, 0306.19.00.10, and
                                                                                                            Management Analyst, Office of the Chief
                                                    will occur using DAAL and DAAL staff;                   Information Officer.                                  0306.29.00.00. On February 10, 2012,
                                                    hence, there will be a large increase to                                                                      the Department added HTSUS
                                                                                                            [FR Doc. 2015–25506 Filed 10–6–15; 8:45 am]
                                                    the DAAL operation workload.                                                                                  classification number 0306.29.01.00 to
                                                                                                            BILLING CODE 3510–07–P
                                                    II. Method of Collection                                                                                      the scope description pursuant to a
                                                                                                                                                                  request by U.S. Customs and Border
                                                       The primary method of data                                                                                 Protection (CBP). While the HTSUS
                                                    collection for most operations/                         DEPARTMENT OF COMMERCE
                                                                                                                                                                  numbers are provided for convenience
                                                    evaluations will be personal observation                International Trade Administration                    and customs purposes, the written
                                                    or personal interview by FRs using the
                                                                                                                                                                  description is dispositive. A full
                                                    operation/evaluation’s listing form or                  [A–570–848]                                           description of the scope of the order is
                                                    questionnaire. In some cases, the
                                                    interview could be by telephone                                                                               contained in the Preliminary Decision
                                                                                                            Freshwater Crawfish Tail Meat From                    Memorandum.1
                                                    callback if no one was home during the                  the People’s Republic of China:
                                                    initial visit.                                          Preliminary Results of Antidumping                    Methodology
                                                    III. Data                                               Duty Administrative Review and New
                                                                                                            Shipper Reviews; 2013–2014                              The Department conducted these
                                                       OMB Control Number: 0607–0809.                                                                             reviews in accordance with section
                                                       Form Number: Some form numbers                       AGENCY:   Enforcement and Compliance,                 751(a)(2) of the Tariff Act of 1930, as
                                                    for activities have not yet been assigned.              International Trade Administration,                   amended (the Act). Export Price is
                                                       Type of Review: Regular submission.                  Department of Commerce.                               calculated in accordance with section
                                                       Affected Public: Individuals or                      SUMMARY: The Department of Commerce                   772(c) of the Act. Because the PRC is a
                                                    households.                                             (the Department) is conducting an
                                                       Estimated Number of Respondents:                                                                           non-market economy (NME) within the
                                                                                                            administrative review and new shipper                 meaning of section 771(18) of the Act,
                                                    FY16: 60,000 HH                                         reviews of the antidumping duty order
                                                       2,000 GQs                                                                                                  normal value has been calculated in
                                                                                                            on freshwater crawfish tail meat from
                                                    FY17: 60,000 HH                                                                                               accordance with section 773(c) of the
                                                                                                            the People’s Republic of China (PRC).
                                                       2,000 GQs                                                                                                  Act.
                                                                                                            The period of review (POR) for the
                                                    FY18: 60,000 HH                                         administrative review and new shipper                   For a full description of the
                                                       2,000 GQs                                            reviews is September 1, 2013, through                 methodology underlying our
                                                       Estimated Time per Response: 3 min/                  August 31, 2014. The Department                       conclusions, see Preliminary Decision
                                                    HH; 10 min/GQ                                           preliminarily determines that China                   Memorandum. The Preliminary
                                                       Estimated Total Annual Burden                        Kingdom (Beijing) Import & Export Co.,                Decision Memorandum is a public
                                                    Hours:                                                  Ltd. (China Kingdom), Deyan Aquatic                   document and is on file electronically
                                                    FY16: 3,333                                             Products and Food Co., Ltd. (Deyan                    via Enforcement and Compliance’s
                                                    FY17: 3,333                                             Aquatic), Hubei Yuesheng Aquatic                      Antidumping and Countervailing Duty
                                                    FY18: 3,333                                             Products Co., Ltd. (Hubei Yuesheng),                  Centralized Electronic Service System
                                                       Estimated Total Annual Cost to                       and Weishan Hongda Aquatic Food Co.,                  (ACCESS). ACCESS is available to
                                                    Public: $0                                              Ltd (Weishan Hongda) have not made                    registered users at http://
                                                       Respondent’s Obligation: Mandatory.                  sales of subject merchandise in the                   access.trade.gov and in the Central
                                                       Legal Authority: Title 13 United States              United States at prices below normal                  Records Unit, room B8024 of the main
                                                    Code, Sections 141 and 193.                             value. With respect to Shanghai Ocean                 Department of Commerce building. In
                                                    IV. Request for Comments                                Flavor International Trading Co., Ltd.                addition, a complete version of the
                                                                                                            (Shanghai Ocean), see section below                   Preliminary Decision Memorandum can
                                                       Comments are invited on: (a) Whether                 entitled ‘‘Separate Rate for a Non-
                                                    the proposed collection of information                                                                        be accessed directly on the Internet at
                                                                                                            Selected Company.’’                                   http://enforcement.trade.gov/frn/
                                                    is necessary for the proper performance
                                                                                                            DATES: Effective Date: October 7, 2015.               index.html. The signed Preliminary
                                                    of the functions of the agency, including
                                                    whether the information shall have                      FOR FURTHER INFORMATION CONTACT:                      Decision Memorandum and the
                                                    practical utility; (b) the accuracy of the              Hermes Pinilla (China Kingdom), Andre                 electronic versions are identical in
                                                    agency’s estimate of the burden                         Gziryan (Deyan Aquatic), Bryan Hansen                 content.
                                                    (including hours and cost) of the                       (Hubei Yuesheng) or Catherine Cartsos
                                                    proposed collection of information; (c)                 (Weishan Hongda), AD/CVD Operations,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                     1 See the memorandum from Christian Marsh,

                                                    ways to enhance the quality, utility, and               Office I, Enforcement and Compliance,                 Deputy Assistant Secretary for Antidumping and
                                                                                                            International Trade Administration,                   Countervailing Duty Operations, to Ronald K.
                                                    clarity of the information to be                                                                              Lorentzen, Acting Assistant Secretary for
                                                    collected; and (d) ways to minimize the                 U.S. Department of Commerce, 14th                     Enforcement and Compliance, ‘‘Decision
                                                    burden of the collection of information                 Street and Constitution Avenue NW.,                   Memorandum for the Preliminary Results of the
                                                    on respondents, including through the                   Washington, DC 20230; telephone: (202)                Antidumping Duty Administrative Review and New
                                                                                                            482–3477, (202) 482–2201, (202) 482–                  Shipper Reviews: Freshwater Crawfish Tail Meat
                                                    use of automated collection techniques                                                                        from the People’s Republic of China’’ dated
                                                    or other forms of information                           3683, or (202) 482–1757, respectively.                concurrently with and hereby adopted by this
                                                    technology.                                             SUPPLEMENTARY INFORMATION:                            notice (Preliminary Decision Memorandum).



                                               VerDate Sep<11>2014   18:12 Oct 06, 2015   Jkt 238001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\07OCN1.SGM   07OCN1


                                                                                 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices                                                   60625

                                                    Separate Rate for a Non-Selected                         argument; and (3) a table of authorities.              basis of monthly average-to-average
                                                    Company                                                  Rebuttal briefs, limited to issues raised              comparisons using only the transactions
                                                       Shanghai Ocean is the only exporter                   in case briefs, may be filed no later than             associated with the importer with
                                                    of crawfish tail meat from the PRC that                  five days after the time limit for filing              offsets being provided for non-dumped
                                                    demonstrated its eligibility for a                       the case briefs, as specified by 19 CFR                comparisons.7 Where either the
                                                    separate rate which was not selected for 351.309(d).                                                            respondent’s weighted-average dumping
                                                                                                                Interested parties who wish to request              margin is zero or de minimis, or an
                                                    individual examination in this
                                                                                                             a hearing, must submit a written request               importer-specific assessment rate is zero
                                                    administrative review. The calculated
                                                                                                             to the Assistant Secretary for                         or de minimis, we will instruct CBP to
                                                    rates of the respondents selected for
                                                                                                             Enforcement and Compliance. All                        liquidate the appropriate entries
                                                    individual examination are all zero. We
                                                                                                             documents must be filed electronically                 without regard to antidumping duties. 8
                                                    conclude that, in this case a reasonable                 using ACCESS which is available to                        Pursuant to the Department’s
                                                    method for determining the rate for the                  registered users at http://                            assessment practice in NME cases,9 for
                                                    non-selected company, Shanghai Ocean, access.trade.gov. An electronically filed                                 entries that were not reported in the
                                                    is to apply the average of the zero                      document must be received successfully                 U.S. sales databases submitted by
                                                    margins calculated for the two                           in its entirety by ACCESS by 5:00 p.m.                 companies individually examined
                                                    mandatory respondents in the                             Eastern Time within 30 days after the                  during this review, the Department will
                                                    administrative review, China Kingdom                     date of publication of this notice.4                   instruct CBP to liquidate such entries at
                                                    and Deyan Aquatic. For a detailed                        Requests should contain (1) the party’s                the PRC-wide rate. We intend to issue
                                                    discussion, see Preliminary Decision                     name, address, and telephone number;                   assessment instructions to CBP 15 days
                                                    Memorandum.                                              (2) the number of participants; and (3)                after the date of publication of the final
                                                    Preliminary Results of Reviews                           a list of issues to be discussed. Issues               results of these reviews.
                                                                                                             raised in the hearing will be limited to
                                                       The Department determines that the                                                                           Cash Deposit Requirements
                                                                                                             those raised in the respective case
                                                    following preliminary dumping margins                                                                              The following cash deposit
                                                                                                             briefs. If a request for a hearing is made,
                                                    exist for the administrative review                                                                             requirements will be effective upon
                                                                                                             we will inform parties of the scheduled
                                                    covering the period September 1, 2013,                                                                          publication of the final results of these
                                                                                                             date for the hearing, which will be held
                                                    through August 31, 2014:                                                                                        reviews for shipments of the subject
                                                                                                             at the U.S. Department of Commerce,
                                                                                                             14th and Constitution Avenue NW.,                      merchandise from the PRC entered, or
                                                                                                 Weighted                                                           withdrawn from warehouse, for
                                                                                                  average    Washington, DC 20230, at a time and
                                                           Producer/exporter                     dumping     location to be determined.5 Parties                    consumption on or after the publication
                                                                                                  margin     should confirm by telephone or email                   date, as provided by section 751(a)(2)(C)
                                                                                                 (percent)   the date, time, and location of the                    of the Act: (1) For the companies listed
                                                                                                             hearing.                                               above that have a separate rate, the cash
                                                    China Kingdom (Beijing) Im-                                                                                     deposit rate will be that established in
                                                       port & Export Co., Ltd .......                   0.00    Unless the deadline is extended
                                                                                                             pursuant to section 751(a)(2)(B)(iv) of                the final results of these reviews (except
                                                    Deyan Aquatic Products and
                                                       Food Co., Ltd ....................               0.00 the Act, the Department will issue the                 if the rate is zero or de minimis, i.e., less
                                                    Shanghai Ocean Flavor                                    final results of these reviews, including              than 0.5 percent, then no cash deposit
                                                       International Trading Co.,                            the results of its analysis of issues raised           will be required) (2) for previously
                                                       Ltd .....................................        0.00 by parties in their comments, within                   investigated or reviewed PRC and non-
                                                                                                             120 days after the publication of these                PRC exporters not listed above that
                                                       As a result of the new shipper                        preliminary results, pursuant to section               received a separate rate in a prior
                                                    reviews, the Department preliminarily                    751(a)(3)(A) of the Act and 19 CFR                     segment of this proceeding, the cash
                                                    determines that dumping margins of                       351.213(h).                                            deposit rate will continue to be the
                                                    0.00 percent exist for merchandise                                                                              existing exporter-specific rate; (3) for all
                                                    produced and exported by Hubei                           Assessment Rates                                       PRC exporters of subject merchandise
                                                    Yuesheng Aquatic Products Co., Ltd.                         Upon issuing the final results, the                 that have not been found to be entitled
                                                    and for merchandise produced and                         Department will determine, and CBP                     to a separate rate, the cash deposit rate
                                                    exported by Weishan Hongda Aquatic                       shall assess, antidumping duties on all                will be that for the PRC-wide entity; and
                                                    Food Co., Ltd. covering the period                       appropriate entries covered by these                   (4) for all non-PRC exporters of subject
                                                    September 1, 2013, through August 31,                    reviews.6 If a respondent’s weighted                   merchandise which have not received
                                                    2014.                                                    average dumping margin is above de                     their own rate, the cash deposit rate will
                                                                                                             minimis (i.e., 0.50 percent) in the final              be the rate applicable to the PRC
                                                    Disclosure and Public Comment                                                                                   exporter that supplied that non-PRC
                                                                                                             results of these reviews, the Department
                                                       The Department will disclose                          will calculate an importer-specific                    exporter.
                                                    calculations performed in these                          assessment rate on the basis of the ratio                 With respect to Hubei Yuesheng, a
                                                    preliminary results to parties within five of the total amount of dumping                                       new shipper respondent, the
                                                    days after the date of publication of this calculated for each importer’s examined                              Department established a combination
                                                    notice.2 Pursuant to 19 CFR 351.309(c),                  sales and, where possible, the total                   cash deposit rate for this company
                                                    interested parties may submit cases                      entered value of sales, in accordance                    7 See Antidumping Proceeding: Calculation of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    briefs no later than 30 days after the                   with 19 CFR 351.212(b)(1). In these                    Weighted-Average Dumping Margin and
                                                    date of publication of these preliminary preliminary results, the Department                                    Assessment Rate in Certain Antidumping Duty
                                                    results of review.3 Parties who submit                   applied the assessment rate calculation                Proceedings; Final Modification, 77 FR 8101
                                                    arguments are requested to submit with                   method adopted in the Final                            (February 14, 2012) (Final Modification for
                                                    the argument: (1) A statement of the                                                                            Reviews).
                                                                                                             Modification for Reviews, i.e., on the                   8 See 19 CFR 351.106(c)(2).
                                                    issue; (2) a brief summary of the                                                                                 9 For a full discussion of this practice, see Non-
                                                                                                              4 See   19 CFR 351.310(c).                            Market Economy Antidumping Proceedings:
                                                      2 See 19 CFR 351.224(b).                                5 Id.
                                                                                                                                                                    Assessment of Antidumping Duties, 76 FR 65694
                                                      3 See 19 CFR 351.309(c).                                6 See   19 CFR 351.212(b)(1).                         (October 24, 2011).



                                               VerDate Sep<11>2014   18:12 Oct 06, 2015   Jkt 238001   PO 00000   Frm 00015   Fmt 4703     Sfmt 4703   E:\FR\FM\07OCN1.SGM   07OCN1


                                                    60626                      Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

                                                    consistent with its practice as follows:                5. Verification                                       United States to set aside the
                                                    (1) For subject merchandise produced                    6. Non-Market-Economy Country Status                  determination on the ground that the
                                                    and exported by Hubei Yuesheng, the                     7. Surrogate Country                                  determination is erroneous.
                                                                                                            8. Separate Rates                                        Description of the Amendment to the
                                                    cash deposit rate will be the rate
                                                                                                            9. Absence of De Jure Control
                                                    established for Hubei Yuesheng in the                   10. Absence of De Facto Control                       Certificate: Add the following six
                                                    final results of the NSR; (2) for subject               11. Separate Rate for a Non-Selected                  companies as Members of DFA’s
                                                    merchandise exported by Hubei                                Company                                          Certificate, with respect to the covered
                                                    Yuesheng, but not produced by Hubei                     12. Fair Value Comparisons                            products listed below:
                                                    Yuesheng, the cash deposit rate will be                 13. U.S. Price                                           • Walnuts: CR Crain and Sons, Inc.
                                                    the rate for the PRC-wide entity; and (3)               14. Normal Value                                      (Los Molinos, CA); RPC Packing, Inc.
                                                    for subject merchandise produced by                     15. Surrogate Values                                  (Porterville, CA); CAPEX (Corning, CA)
                                                    Hubei Yuesheng but not exported by                      16. Currency Conversion                                  • Prunes: Taylor Brothers Farms, Inc
                                                                                                            17. Recommendation
                                                    Hubei Yuesheng, the cash deposit rate                                                                         (Yuba City, CA); RPC Packing, Inc.
                                                    will be the rate applicable to the                      [FR Doc. 2015–25412 Filed 10–6–15; 8:45 am]           (Porterville, CA); Sun-Maid Growers of
                                                    exporter.                                               BILLING CODE 3510–DS–P                                California (Kingsburg, CA)
                                                       With respect to Weishan Hongda, a                                                                             • Figs: Fig Garden Packing, Inc.
                                                    new shipper respondent, the                                                                                   (Fresno, CA)
                                                    Department established a combination                    DEPARTMENT OF COMMERCE                                   DFA’s Export Trade Certificate of
                                                    cash deposit rate for this company                                                                            Review complete amended Membership
                                                    consistent with its practice as follows:                International Trade Administration
                                                                                                                                                                  is listed below:
                                                    (1) For subject merchandise produced                    [Application No. 14–1A004]                            1. Alpine Pacific Nut Company,
                                                    and exported by Weishan Hongda, the                                                                                 Hughson, CA
                                                    cash deposit rate will be the rate                      Export Trade Certificate of Review                    2. Andersen & Sons Shelling, Vina, CA
                                                    established for Weishan Hongda in the                                                                         3. Avanti Nut Company, Inc., Stockton,
                                                    final results of the NSR; (2) for subject               ACTION:Notice of Issuance of an
                                                                                                            Amended Export Trade Certificate of                         CA
                                                    merchandise exported by Weishan                                                                               4. Berberian Nut Company, LLC, Chico,
                                                    Hongda, but not produced by Weishan                     Review to DFA of California,
                                                                                                            Application no. 14–1A004.                                   CA
                                                    Hongda, the cash deposit rate will be                                                                         5. Carriere Family Farms, Inc., Glenn,
                                                    the rate for the PRC-wide entity; and (3)               SUMMARY:    The Secretary of Commerce,                      CA
                                                    for subject merchandise produced by                     through the Office of Trade and                       6. California Almond Packers and
                                                    Weishan Hongda but not exported by                      Economic Analysis (‘‘OTEA’’) of the                         Exporters (CAPEX), Corning, CA
                                                    Weishan Hongda, the cash deposit rate                   International Trade Administration,                   7. Continente Nut LLC, Oakley, CA
                                                    will be the rate applicable to the                      Department of Commerce, issued an                     8. C. R. Crain & Sons, Inc., Los Molinos,
                                                    exporter.                                               amended Export Trade Certificate of                         CA
                                                       These deposit requirements, when                     Review to DFA of California on                        9. Crain Walnut Shelling, Inc., Los
                                                    imposed, shall remain in effect until                   September 17, 2015. The original                            Molinos, CA
                                                    further notice.                                         Certificate was issued on March 2, 2015.              10. Crisp California Walnuts, Stratford,
                                                    Notification to Importers                               FOR FURTHER INFORMATION CONTACT:                            CA
                                                                                                            Joseph Flynn, Director, Office of Trade               11. Diamond Foods, Inc., Stockton, CA
                                                      This notice serves as a preliminary                                                                         12. Empire Nut Company, Colusa, CA
                                                    reminder to importers of their                          and Economic Analysis, International
                                                                                                            Trade Administration, (202) 482–5131                  13. Fig Garden Packing, Inc., Fresno, CA
                                                    responsibility under 19 CFR                                                                                   14. Gold River Orchards, Inc., Escalon,
                                                    351.402(f)(2) to file a certificate                     (this is not a toll-free number) or email
                                                                                                                                                                        CA
                                                    regarding the reimbursement of                          at etca@trade.gov.
                                                                                                                                                                  15. Grower Direct Nut Company,
                                                    antidumping duties prior to liquidation                 SUPPLEMENTARY INFORMATION: Title III of
                                                                                                                                                                        Hughson, CA
                                                    of the relevant entries during these                    the Export Trading Company Act of                     16. GSF Nut Company, Orosi, CA
                                                    PORs. Failure to comply with this                       1982 (15 U.S.C. 4001–21) authorizes the               17. Guerra Nut Shelling Company,
                                                    requirement could result in the                         Secretary of Commerce to issue Export                       Hollister, CA
                                                    Department’s presumption that                           Trade Certificates of Review. An Export               18. Hill View Packing Company Inc.,
                                                    reimbursement of antidumping duties                     Trade Certificate of Review protects the                    Gustine, CA
                                                    occurred and the subsequent assessment                  holder and the members identified in                  19. Linden Nut Company, Linden, CA
                                                    of double antidumping duties.                           the Certificate from State and Federal                20. Mariani Nut Company, Winters, CA
                                                      We are issuing and publishing the                     government antitrust actions and from                 21. Mariani Packing Company, Inc.,
                                                    preliminary results of these reviews in                 private treble damage antitrust actions                     Vacaville, CA
                                                    accordance with sections 751(a)(1),                     for the export conduct specified in the               22. Mid Valley Nut Company Inc.,
                                                    751(a)(2)(B)(iv), 751(a)(3), 777(i) of the              Certificate and carried out in                              Hughson, CA
                                                    Act and 19 CFR 351.213(h), 351.214 and                  compliance with its terms and                         23. National Raisin Company, Fowler,
                                                    351.221(b)(4).                                          conditions. The regulations                                 CA
                                                      Dated: September 30, 2015.
                                                                                                            implementing Title III are found at 15                24. Poindexter Nut Company, Selma,
                                                                                                            CFR part 325 (2015). OTEA is issuing                        CA
                                                    Ronald K. Lorentzen,
                                                                                                            this notice pursuant to 15 CFR 325.6(b),
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  25. Prima Noce Packing, Linden, CA
                                                    Acting Assistant Secretary for Enforcement              which requires the Secretary to publish
                                                    and Compliance.
                                                                                                                                                                  26. RPC Packing Inc., Porterville, CA
                                                                                                            a summary of the certificate in the                   27. Sacramento Packing, Inc., Yuba City,
                                                    Appendix—List of Topics Discussed in                    Federal Register. Under Section 305(a)                      CA
                                                    the Preliminary Decision Memorandum                     of the Act and 15 CFR 325.11(a), any                  28. Sacramento Valley Walnut Growers,
                                                    1. Summary                                              person aggrieved by the Secretary’s                         Inc., Yuba City, CA
                                                    2. Background                                           determination may, within 30 days of                  29. San Joaquin Figs, Inc., Fresno, CA
                                                    3. Scope of the Order                                   the date of this notice, bring an action              30. Shoei Foods USA, Inc., Olivehurst,
                                                    4. Bona Fides Analysis                                  in any appropriate district court of the                    CA


                                               VerDate Sep<11>2014   18:12 Oct 06, 2015   Jkt 238001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\07OCN1.SGM   07OCN1



Document Created: 2015-12-15 08:48:49
Document Modified: 2015-12-15 08:48:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactHermes Pinilla (China Kingdom), Andre Gziryan (Deyan Aquatic), Bryan Hansen (Hubei Yuesheng) or Catherine Cartsos (Weishan Hongda), AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3477, (202) 482-2201, (202) 482-3683, or (202) 482-1757, respectively.
FR Citation80 FR 60624 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR