81_FR_70586 81 FR 70389 - Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015

81 FR 70389 - Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 197 (October 12, 2016)

Page Range70389-70391
FR Document2016-24656

The Department of Commerce (the Department) is conducting an administrative review and a new shipper review 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 the new shipper review is September 1, 2014, through August 31, 2015. The Department preliminarily determines that imports of freshwater crawfish tail meat from the PRC are being sold in the United States at prices below normal value. The Department also preliminarily determines that the new shipper review respondent, Hubei Qianjiang Huashan Aquatic Food and Product Co., Ltd. (Hubei Qianjiang), has not made sales of freshwater crawfish tail meat at prices below normal value. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 81 Issue 197 (Wednesday, October 12, 2016)
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70389-70391]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24656]



[[Page 70389]]

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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 Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review and a new shipper review 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 the new shipper review is September 1, 2014, through August 31, 
2015. The Department preliminarily determines that imports of 
freshwater crawfish tail meat from the PRC are being sold in the United 
States at prices below normal value. The Department also preliminarily 
determines that the new shipper review respondent, Hubei Qianjiang 
Huashan Aquatic Food and Product Co., Ltd. (Hubei Qianjiang), has not 
made sales of freshwater crawfish tail meat at prices below normal 
value. We invite interested parties to comment on these preliminary 
results.

DATES: Effective October 12, 2016.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla at (202) 482-3477 
(China Kingdom (Beijing) Import & Export Co., Ltd.), Catherine Cartsos 
(202) 482-1757 (Xuzhou Jinjiang Foodstuffs Co., Ltd.), or Michael 
Romani (202) 482-0198 (Hubei Qianjiang), AD/CVD Operations, Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

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

Rescission of Review in Part

    We rescinded the review in part with respect to Deyan Aquatic 
Products and Food Co., Ltd (Deyan), Hubei Yuesheng Aquatic Products 
Co., Ltd., Nanjing Gemsen International Co., Ltd., Weishan Hongda 
Aquatic Food Co., Ltd., Xiping Opeck Food Co., Ltd., and Yancheng Hi-
King Agriculture Developing Co., Ltd.\2\
---------------------------------------------------------------------------

    \2\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Rescission of Antidumping Duty Administrative Review in 
Part; 2014-2015, 81 FR 15507 (March 23, 2016).
---------------------------------------------------------------------------

PRC-Wide Entity

    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\3\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review and the entity's rate is 
not subject to change (i.e., 223.01 percent).\4\
---------------------------------------------------------------------------

    \3\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \4\ See Freshwater Crawfish Tail Meat from the People's Republic 
of China; Notice of Final Results of Antidumping Duty Administrative 
Review, 68 FR 19504 (April 21, 2003).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, we intend to verify the 
information provided by Hubei Qianjiang in the new shipper review of 
freshwater crawfish tail meat from the PRC using standard verification 
procedures, including on-site inspection of the producer's and 
exporter's facilities, and examination of relevant sales and financial 
records. Our verification results will be outlined in the verification 
report for Hubei Qianjiang after completion of the verification.

Methodology

    The Department is conducting these reviews in accordance with 
section 751(a)(1)(B), and (a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214. 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 the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov, and to all 
parties in the Department's Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical.

Preliminary Results of Administrative Review

    The Department determines that the following preliminary dumping 
margins exist for the administrative review covering the period 
September 1, 2014, through August 31, 2015:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/Exporter                          margin
                                                              (percent)
------------------------------------------------------------------------
China Kingdom (Beijing) Import & Export Co., Ltd...........        13.90
Xuzhou Jinjiang Foodstuffs Co., Ltd........................        12.21
------------------------------------------------------------------------

Preliminary Results of New Shipper Review

    As a result of the new shipper review, the Department preliminarily 
determines that a dumping margin of 0.00 percent exists for merchandise 
produced and exported by Hubei Qianjiang, covering the period September 
1, 2014, through August 31, 2015.\5\
---------------------------------------------------------------------------

    \5\ The Department reached this conclusion based on the totality 
of the circumstances surrounding the reported sale. See Preliminary 
Decision Memorandum, Bona Fides Analysis section at 3.
---------------------------------------------------------------------------

Disclosure

    We intend to disclose calculations performed in these preliminary 
results to parties within five days after public

[[Page 70390]]

announcement of the preliminary results.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
this proceeding and rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\8\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309. See also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------

    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. 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.\9\ 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, 1401 Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\10\ Parties should 
confirm, by telephone or email, the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ Id.
---------------------------------------------------------------------------

    Unless the deadline is extended 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.\11\ 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.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b)(1).
    \12\ Id.
---------------------------------------------------------------------------

    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.\13\ 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.\14\
---------------------------------------------------------------------------

    \13\ 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).
    \14\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    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.

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) In the administrative review, 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 Qianjiang, the 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 Hubei Qianjiang, the cash deposit rate will be 
the rate established for Hubei Qianjiang in the final results of the 
new shipper review; (2) for subject merchandise exported by Hubei 
Qianjiang, but not produced by Hubei Qianjiang, the cash deposit rate 
will be the rate for the PRC-wide entity; and (3) for subject 
merchandise produced by Hubei Qianjiang but not exported by Hubei 
Qianjiang, 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.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation. 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, 351.214 and 
351.221(b)(4).


[[Page 70391]]


    Dated: October 5, 2016.
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. Discussion of Methodology
    Non-Market-Economy Country Status
    Surrogate Country
    Separate Rates
    Absence of De Jure Control
    Absence of De Facto Control
    Fair Value Comparisons
    U.S. Price
    Date of Sale
    Normal Value
    Surrogate Values
7. Currency Conversion
8. Recommendation

[FR Doc. 2016-24656 Filed 10-11-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                                             70389

                                                  DEPARTMENT OF COMMERCE                                  description is dispositive. A full                    Act of 1930, as amended (the Act), and
                                                                                                          description of the scope of the order is              19 CFR 351.214. Export price is
                                                  International Trade Administration                      contained in the Preliminary Decision                 calculated in accordance with section
                                                  [A–570–848]                                             Memorandum.1                                          772(c) of the Act. Because the PRC is a
                                                                                                                                                                non-market economy (NME) within the
                                                                                                          Rescission of Review in Part
                                                  Freshwater Crawfish Tail Meat From                                                                            meaning of section 771(18) of the Act,
                                                  the People’s Republic of China:                           We rescinded the review in part with                normal value has been calculated in
                                                  Preliminary Results of Antidumping                      respect to Deyan Aquatic Products and                 accordance with section 773(c) of the
                                                  Duty Administrative Review and New                      Food Co., Ltd (Deyan), Hubei Yuesheng                 Act.
                                                  Shipper Review; 2014–2015                               Aquatic Products Co., Ltd., Nanjing                      For a full description of the
                                                                                                          Gemsen International Co., Ltd., Weishan               methodology underlying our
                                                  AGENCY:   Enforcement and Compliance,                   Hongda Aquatic Food Co., Ltd., Xiping                 conclusions, see the Preliminary
                                                  International Trade Administration,                     Opeck Food Co., Ltd., and Yancheng Hi-                Decision Memorandum. The
                                                  Department of Commerce.                                 King Agriculture Developing Co., Ltd.2                Preliminary Decision Memorandum is a
                                                  SUMMARY: The Department of Commerce                     PRC-Wide Entity                                       public document and is made available
                                                  (the Department) is conducting an                                                                             to the public via Enforcement and
                                                  administrative review and a new                           The Department’s policy regarding                   Compliance’s Antidumping and
                                                  shipper review of the antidumping duty                  conditional review of the PRC-wide
                                                                                                                                                                Countervailing Duty Centralized
                                                  order on freshwater crawfish tail meat                  entity applies to this administrative
                                                                                                                                                                Electronic Service System (ACCESS).
                                                  from the People’s Republic of China                     review.3 Under this policy, the PRC-
                                                                                                                                                                ACCESS is available to registered users
                                                  (PRC). The period of review (POR) for                   wide entity will not be under review
                                                                                                                                                                at https://access.trade.gov, and to all
                                                  the administrative review and the new                   unless a party specifically requests, or
                                                                                                                                                                parties in the Department’s Central
                                                  shipper review is September 1, 2014,                    the Department self-initiates, a review of
                                                                                                                                                                Records Unit, Room B8024 of the main
                                                  through August 31, 2015. The                            the entity. Because no party requested a
                                                                                                                                                                Department of Commerce building. In
                                                  Department preliminarily determines                     review of the PRC-wide entity in this
                                                                                                                                                                addition, a complete version of the
                                                  that imports of freshwater crawfish tail                review, the entity is not under review
                                                                                                                                                                Preliminary Decision Memorandum can
                                                                                                          and the entity’s rate is not subject to
                                                  meat from the PRC are being sold in the                                                                       be found at http://
                                                                                                          change (i.e., 223.01 percent).4
                                                  United States at prices below normal                                                                          enforcement.trade.gov/frn/. The signed
                                                  value. The Department also                              Verification                                          and the electronic versions of the
                                                  preliminarily determines that the new                      As provided in section 782(i) of the               Preliminary Decision Memorandum are
                                                  shipper review respondent, Hubei                        Act, we intend to verify the information              identical.
                                                  Qianjiang Huashan Aquatic Food and                      provided by Hubei Qianjiang in the new
                                                  Product Co., Ltd. (Hubei Qianjiang), has                                                                      Preliminary Results of Administrative
                                                                                                          shipper review of freshwater crawfish                 Review
                                                  not made sales of freshwater crawfish                   tail meat from the PRC using standard
                                                  tail meat at prices below normal value.                 verification procedures, including on-                  The Department determines that the
                                                  We invite interested parties to comment                 site inspection of the producer’s and                 following preliminary dumping margins
                                                  on these preliminary results.                           exporter’s facilities, and examination of             exist for the administrative review
                                                  DATES: Effective October 12, 2016.                      relevant sales and financial records. Our             covering the period September 1, 2014,
                                                  FOR FURTHER INFORMATION CONTACT:                        verification results will be outlined in              through August 31, 2015:
                                                  Hermes Pinilla at (202) 482–3477 (China                 the verification report for Hubei
                                                                                                          Qianjiang after completion of the                                                                       Weighted-
                                                  Kingdom (Beijing) Import & Export Co.,                                                                                                                           average
                                                  Ltd.), Catherine Cartsos (202) 482–1757                 verification.                                                   Producer/Exporter                         margin
                                                  (Xuzhou Jinjiang Foodstuffs Co., Ltd.),                 Methodology
                                                                                                                                                                                                                  (percent)
                                                  or Michael Romani (202) 482–0198
                                                  (Hubei Qianjiang), AD/CVD Operations,                     The Department is conducting these                  China Kingdom (Beijing) Import
                                                                                                          reviews in accordance with section                      & Export Co., Ltd ..................                 13.90
                                                  Office I, Enforcement and Compliance,
                                                                                                          751(a)(1)(B), and (a)(2)(B) of the Tariff             Xuzhou Jinjiang Foodstuffs Co.,
                                                  International Trade Administration,                                                                             Ltd .........................................        12.21
                                                  U.S. Department of Commerce, 1401                         1 See  Memorandum from Christian Marsh, Deputy
                                                  Constitution Avenue NW., Washington,                    Assistant Secretary for Antidumping and               Preliminary Results of New Shipper
                                                  DC 20230.                                               Countervailing Duty Operations, to Ronald K.          Review
                                                  SUPPLEMENTARY INFORMATION:                              Lorentzen, Acting Assistant Secretary for
                                                                                                          Enforcement and Compliance, entitled, ‘‘Decision        As a result of the new shipper review,
                                                  Scope of the Order                                      Memorandum for the Preliminary Results of the         the Department preliminarily
                                                                                                          Antidumping Duty Administrative Review and New
                                                    The merchandise subject to the                        Shipper Review: Freshwater Crawfish Tail Meat
                                                                                                                                                                determines that a dumping margin of
                                                  antidumping duty order is freshwater                    from the People’s Republic of China,’’ dated          0.00 percent exists for merchandise
                                                  crawfish tail meat, which is currently                  concurrently with, and hereby adopted by, this        produced and exported by Hubei
                                                                                                          notice (Preliminary Decision Memorandum).             Qianjiang, covering the period
                                                  classified in the Harmonized Tariff                        2 See Freshwater Crawfish Tail Meat From the
                                                  Schedule of the United States (HTSUS)                   People’s Republic of China: Rescission of
                                                                                                                                                                September 1, 2014, through August 31,
                                                  under subheadings 1605.40.10.10,                        Antidumping Duty Administrative Review in Part;       2015.5
                                                  1605.40.10.90, 0306.19.00.10, and                       2014–2015, 81 FR 15507 (March 23, 2016).
                                                                                                             3 See Antidumping Proceedings: Announcement
                                                                                                                                                                Disclosure
                                                  0306.29.00.00. On February 10, 2012,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the Department added HTSUS
                                                                                                          of Change in Department Practice for Respondent         We intend to disclose calculations
                                                                                                          Selection in Antidumping Duty Proceedings and         performed in these preliminary results
                                                  classification number 0306.29.01.00 to                  Conditional Review of the Nonmarket Economy
                                                  the scope description pursuant to a                     Entity in NME Antidumping Duty Proceedings, 78        to parties within five days after public
                                                  request by U.S. Customs and Border                      FR 65963 (November 4, 2013).
                                                                                                             4 See Freshwater Crawfish Tail Meat from the         5 The Department reached this conclusion based
                                                  Protection (CBP). While the HTSUS                       People’s Republic of China; Notice of Final Results   on the totality of the circumstances surrounding the
                                                  numbers are provided for convenience                    of Antidumping Duty Administrative Review, 68 FR      reported sale. See Preliminary Decision
                                                  and customs purposes, the written                       19504 (April 21, 2003).                               Memorandum, Bona Fides Analysis section at 3.



                                             VerDate Sep<11>2014   20:13 Oct 11, 2016   Jkt 241001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\12OCN1.SGM    12OCN1


                                                  70390                     Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices

                                                  announcement of the preliminary                         average dumping margin is above de                    (4) for all non-PRC exporters of subject
                                                  results.6                                               minimis (i.e., 0.50 percent) in the final             merchandise which have not received
                                                                                                          results of these reviews, the Department              their own rate, the cash deposit rate will
                                                  Public Comment
                                                                                                          will calculate an importer-specific                   be the rate applicable to the PRC
                                                     Case briefs or other written comments                assessment rate on the basis of the ratio             exporter that supplied that non-PRC
                                                  may be submitted to the Assistant                       of the total amount of dumping                        exporter.
                                                  Secretary for Enforcement and                           calculated for each importer’s examined
                                                  Compliance no later than seven days                     sales and, where possible, the total                     With respect to Hubei Qianjiang, the
                                                  after the date on which the final                       entered value of sales.12                             new shipper respondent, the
                                                  verification report is issued in this                      In these preliminary results, the                  Department established a combination
                                                  proceeding and rebuttal briefs, limited                 Department applied the assessment rate                cash deposit rate for this company
                                                  to issues raised in case briefs, may be                 calculation method adopted in the Final               consistent with its practice as follows:
                                                  submitted no later than five days after                 Modification for Reviews, i.e., on the                (1) For subject merchandise produced
                                                  the deadline date for case briefs.7                     basis of monthly average-to-average                   and exported by Hubei Qianjiang, the
                                                  Pursuant to 19 CFR 351.309(c)(2) and                    comparisons using only the transactions               cash deposit rate will be the rate
                                                  (d)(2), parties who submit case briefs or               associated with the importer with                     established for Hubei Qianjiang in the
                                                  rebuttal briefs in this proceeding are                  offsets being provided for non-dumped                 final results of the new shipper review;
                                                  encouraged to submit with each                          comparisons.13 Where either the                       (2) for subject merchandise exported by
                                                  argument: (1) A statement of the issue;                 respondent’s weighted-average dumping                 Hubei Qianjiang, but not produced by
                                                  (2) a brief summary of the argument;                    margin is zero or de minimis, or an                   Hubei Qianjiang, the cash deposit rate
                                                  and (3) a table of authorities.8                        importer-specific assessment rate is zero             will be the rate for the PRC-wide entity;
                                                     Interested parties who wish to request               or de minimis, we will instruct CBP to                and (3) for subject merchandise
                                                  a hearing, must submit a written request                liquidate the appropriate entries
                                                  to the Assistant Secretary for                                                                                produced by Hubei Qianjiang but not
                                                                                                          without regard to antidumping duties.14               exported by Hubei Qianjiang, the cash
                                                  Enforcement and Compliance. All                            For entries that were not reported in
                                                  documents must be filed electronically                                                                        deposit rate will be the rate applicable
                                                                                                          the U.S. sales databases submitted by
                                                  using ACCESS. An electronically filed                   companies individually examined                       to the exporter.
                                                  document must be received successfully                  during this review, the Department will                  These deposit requirements, when
                                                  in its entirety by ACCESS by 5:00 p.m.                  instruct CBP to liquidate such entries at             imposed, shall remain in effect until
                                                  Eastern Time within 30 days after the                   the PRC-wide rate. We intend to issue                 further notice.
                                                  date of publication of this notice.9                    assessment instructions to CBP 15 days
                                                  Requests should contain: (1) The party’s                after the date of publication of the final            Notification to Importers
                                                  name, address, and telephone number;                    results of these reviews.                               This notice serves as a preliminary
                                                  (2) the number of participants; and (3)
                                                  a list of issues to be discussed. Issues                Cash Deposit Requirements                             reminder to importers of their
                                                  raised in the hearing will be limited to                   The following cash deposit                         responsibility under 19 CFR
                                                  those raised in the respective case                     requirements will be effective upon                   351.402(f)(2) to file a certificate
                                                  briefs. If a request for a hearing is made,             publication of the final results of these             regarding the reimbursement of
                                                  we will inform parties of the scheduled                 reviews for shipments of the subject                  antidumping duties prior to liquidation
                                                  date for the hearing, which will be held                merchandise from the PRC entered, or                  of the relevant entries during these
                                                  at the U.S. Department of Commerce,                     withdrawn from warehouse, for                         PORs. Failure to comply with this
                                                  1401 Constitution Avenue NW.,                           consumption on or after the publication               requirement could result in the
                                                  Washington, DC 20230, at a time and                     date, as provided by section 751(a)(2)(C)             Department’s presumption that
                                                  location to be determined.10 Parties                    of the Act: (1) In the administrative                 reimbursement of antidumping duties
                                                  should confirm, by telephone or email,                  review, for the companies listed above                occurred and the subsequent assessment
                                                  the date, time, and location of the                     that have a separate rate, the cash                   of double antidumping duties.
                                                  hearing.                                                deposit rate will be that established in
                                                     Unless the deadline is extended the                                                                        Notification Regarding Administrative
                                                                                                          the final results of these reviews (except
                                                  Department will issue the final results                 if the rate is zero or de minimis, i.e., less         Protective Orders
                                                  of these reviews, including the results of              than 0.5 percent, then no cash deposit
                                                  its analysis of issues raised by parties in                                                                      This notice also serves as a reminder
                                                                                                          will be required) (2) for previously                  to parties subject to administrative
                                                  their comments, within 120 days after                   investigated or reviewed PRC and non-
                                                  the publication of these preliminary                                                                          protective order (APO) of their
                                                                                                          PRC exporters not listed above that                   responsibility concerning the
                                                  results, pursuant to section 751(a)(3)(A)               received a separate rate in a prior
                                                  of the Act and 19 CFR 351.213(h).                                                                             disposition of proprietary information
                                                                                                          segment of this proceeding, the cash
                                                                                                                                                                disclosed under APO in accordance
                                                  Assessment Rates                                        deposit rate will continue to be the
                                                                                                          existing exporter-specific rate; (3) for all          with 19 CFR 351.305(a)(3). Timely
                                                    Upon issuing the final results, the                                                                         written notification of the return or
                                                                                                          PRC exporters of subject merchandise
                                                  Department will determine, and CBP                                                                            destruction of APO materials or
                                                                                                          that have not been found to be entitled
                                                  shall assess, antidumping duties on all                                                                       conversion to judicial protective order is
                                                                                                          to a separate rate, the cash deposit rate
                                                  appropriate entries covered by these                                                                          hereby requested. Failure to comply
                                                                                                          will be that for the PRC-wide entity; and
                                                  reviews.11 If a respondent’s weighted-                                                                        with the regulations and the terms of an
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                                                                                                            12 Id.                                              APO is a sanctionable violation. We are
                                                    6 See   19 CFR 351.224(b).
                                                     7 See 19 CFR 351.309. See also 19 CFR 351.303
                                                                                                            13 See Antidumping Proceeding: Calculation of       issuing and publishing the preliminary
                                                                                                          the Weighted-Average Dumping Margin and               results of these reviews in accordance
                                                  (for general filing requirements).                      Assessment Rate in Certain Antidumping Duty
                                                     8 See 19 CFR 351.309(c)(2).
                                                                                                          Proceedings; Final Modification, 77 FR 8101           with sections 751(a)(1), 751(a)(2)(B)(iv),
                                                     9 See 19 CFR 351.310(c).
                                                                                                          (February 14, 2012) (Final Modification for           751(a)(3), 777(i) of the Act, and 19 CFR
                                                     10 Id.                                               Reviews).                                             351.213, 351.214 and 351.221(b)(4).
                                                     11 See 19 CFR 351.212(b)(1).                           14 See 19 CFR 351.106(c)(2).




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                                                                            Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                        70391

                                                    Dated: October 5, 2016.                               issuance in the Federal Register. Under               • Spacecraft Components Corporation;
                                                  Ronald K. Lorentzen,                                    Section 305(a) of the Export Trading                    Las Vegas, NV
                                                  Acting Assistant Secretary for Enforcement              Company Act (15 U.S.C. 4012(b)(1)) and                • Sunflower Systems; Arlington, VA
                                                  and Compliance.                                         15 CFR 325.11(a), any person aggrieved                • The NORDAM Group, Inc.; Tulsa, OK
                                                                                                          by the Secretary’s determination may,                 • Tip Technologies; Waukesha, WI
                                                  Appendix                                                                                                      • TriMas Aerospace; Los Angeles, CA
                                                                                                          within 30 days of the date of this notice,
                                                  List of Topics Discussed in the Preliminary             bring an action in any appropriate                      (controlling entity TriMas
                                                  Decision Memorandum                                     district court of the United States to set              Corporation; Bloomfield Hills, MI)
                                                  1. Summary                                              aside the determination on the ground                 • United Parcel Service of America,
                                                  2. Background                                           that the determination is erroneous.                    Inc.; Atlanta, GA
                                                  3. Scope of the Order                                                                                         • Universal Protection Services; Santa
                                                  4. Bona Fides Analysis                                  Description of Certified Conduct                        Ana, CA (controlling entity Universal
                                                  5. Verification                                           AIA’s Export Trade Certificate of                     Services of America; Santa Ana, CA)
                                                  6. Discussion of Methodology                                                                                  • Verify, Inc.; Irvine, CA
                                                     Non-Market-Economy Country Status
                                                                                                          Review has been amended to:
                                                                                                            1. Add the following companies as                   • Verizon Enterprise Solutions; Basking
                                                     Surrogate Country
                                                     Separate Rates                                       new Members of the Certificate within                   Ridge, NJ (controlling entity Verizon
                                                     Absence of De Jure Control                           the meaning of section 325.2(l) of the                  Communications, Inc., New York, NY)
                                                     Absence of De Facto Control                          Regulations (15 CFR 325.2(l)):                        • VogelHood; Washington, DC
                                                     Fair Value Comparisons                                                                                     • Xerox; Norwalk, CT
                                                                                                          • Accurus Aerospace Corporation, LLC;
                                                     U.S. Price                                                                                                   2. Delete the following companies as
                                                     Date of Sale                                           Irving, TX
                                                                                                          • Aerion Corporation; Reno, NV                        Members of AIA’s Certificate:
                                                     Normal Value
                                                     Surrogate Values                                     • Aerospace Exports Incorporated;                     • Aero Mechanical Industries, Inc.
                                                  7. Currency Conversion                                    Moreno, CA                                          • Align Aerospace, LLC
                                                  8. Recommendation                                       • AirMap; Santa Monica, CA                            • Allfast Fastening Systems
                                                  [FR Doc. 2016–24656 Filed 10–11–16; 8:45 am]            • Apex International Management                       • Alliant Techsystems, Inc.
                                                                                                            Company; Daytona Beach, FL                          • AlliedBarton Security Services, LLC
                                                  BILLING CODE 3510–DS–P
                                                                                                          • Ascent Manufacturing Inc.; Elk Grove                • AMT II Corporation
                                                                                                            Village, IL                                         • ARINC Aerospace
                                                                                                          • Astronautics Corporation of America;                • B/E Aerospace, Inc.
                                                  DEPARTMENT OF COMMERCE
                                                                                                            Milwaukee, WI                                       • BRS Aerospace
                                                  International Trade Administration                      • Astronics Corporation; East Aurora,                 • CERTON Software, Inc.
                                                                                                            NY                                                  • Chromalloy
                                                  [Application No. 92–13A001]
                                                                                                          • Boston Consulting Group; Boston, MA                 • Colt Defense, LLC
                                                                                                          • C4 Associates, Inc.; Los Angeles, CA                • Deltek, Inc.
                                                  Export Trade Certificate of Review                                                                            • DigitalGlobe, Inc.
                                                                                                          • CAE USA; Tampa, FL (controlling
                                                  ACTION:Notice of issuance of an                           entity CAE; St. Laurent, Quebec,                    • ENSCO, Inc.
                                                  amended Export Trade Certificate of                                                                           • Erikson Air Crane Inc.
                                                                                                            Canada)
                                                                                                                                                                • ESI North America
                                                  Review to Aerospace Industries                          • Capgemini; New York, NY
                                                  Association of America, Inc.,                                                                                 • ESIS, Inc.
                                                                                                            (controlling entity Capgemini, S.A.;
                                                  Application No. 92–13A001.                                                                                    • Exelis, Inc.
                                                                                                            Paris, France)
                                                                                                                                                                • Galaxy Technologies
                                                                                                          • CDI Corporation; Philadelphia, PA                   • General Atomics Aeronautical
                                                  SUMMARY:    The U.S. Department of                      • Cytec Industries, Inc.; Woodland Park,
                                                  Commerce issued an amended Export                                                                               Systems, Inc.
                                                                                                            NJ (controlling entity Solvay SA;                   • Groen Brothers Aviation Global, Inc.
                                                  Trade Certificate of Review to                            Brussels, Belgium)
                                                  Aerospace Industries Association of                                                                           • Guardsmark LLC
                                                                                                          • Facebook, Inc.; Menlo Park, CA                      • Hi Shear Technology Corporation
                                                  America, Inc. (‘‘AIA’’) on September 26,                • FS Precision Tech, Co. LLC; Compton,
                                                  2016.                                                                                                         • HITCO Carbon Composites, Inc.
                                                                                                            CA                                                  • Hydra Electric Company
                                                  FOR FURTHER INFORMATION CONTACT:                        • FLIR Systems, Inc.; Wilsonville, OR
                                                  Joseph E. Flynn, Director, Office of                                                                          • IEC Electronics Corporation
                                                                                                          • Iron Mountain, Inc.; Boston, MA                     • Kemet Electronics Corporation
                                                  Trade and Economic Analysis,                            • J Anthony Group, LLC; Fort Worth,
                                                  International Trade Administration, by                                                                        • NobleTek
                                                                                                            TX                                                  • Ontic Engineering and Manufacturing,
                                                  telephone at (202) 482–5131 (this is not                • Kratos Defense & Security Solutions,
                                                  a toll-free number) or email at etca@                                                                           Inc.
                                                                                                            Inc.; San Diego, CA                                 • Oracle USA, Inc.
                                                  trade.gov.                                              • Lavi Systems, Inc.; Van Nuys, CA                    • Pall Aeropower Corporation
                                                  SUPPLEMENTARY INFORMATION: Title III of                 • Leidos, Inc.; Reston, VA (controlling               • Parametric Technology Corporation
                                                  the Export Trading Company Act of                         entity Leidos Holdings, Inc.; Reston,               • Pinkerton Government Services, Inc.
                                                  1982 (15 U.S.C. Sections 4001–21)                         VA)                                                 • RAF Tabtronics LLC
                                                  authorizes the Secretary of Commerce to                 • LS Technologies, LLC; Fairfax, VA                   • RTI International Metals, Inc.
                                                  issue Export Trade Certificates of                      • Momentum Aviation Group;                            • Sila Solutions Group
                                                  Review. The regulations implementing                      Woodbridge, VA                                      • Satair USA Inc.
                                                  Title III are found at 15 CFR part 325                  • Pacific Design Technologies; Goleta,                • Science Applications International
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                                                  (2014). The U.S. Department of                            CA                                                    Corporation
                                                  Commerce, International Trade                           • Park-Ohio Holdings Corp.; Cleveland,                • Space Exploration Technologies
                                                  Administration, Office of Trade and                       OH                                                    Corporation
                                                  Economic Analysis (‘‘OTEA’’) is issuing                 • Primus Technologies Corporation;                    • SRA International, Inc.
                                                  this notice pursuant to 15 CFR 325.6(b),                  Williamsport, PA                                    • TASC, Inc.
                                                  which requires the Secretary of                         • salesforce.com, inc.; San Francisco,                • Timken Aerospace Transmissions,
                                                  Commerce to publish a summary of the                      CA                                                    LLC


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Document Created: 2016-10-12 00:55:10
Document Modified: 2016-10-12 00:55:10
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
DatesEffective October 12, 2016.
ContactHermes Pinilla at (202) 482-3477 (China Kingdom (Beijing) Import & Export Co., Ltd.), Catherine Cartsos (202) 482-1757 (Xuzhou Jinjiang Foodstuffs Co., Ltd.), or Michael Romani (202) 482-0198 (Hubei Qianjiang), AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 70389 

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