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)

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, 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\
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    \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).
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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\
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    \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).
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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\
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    \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).
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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)
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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\
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    \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.
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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\
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    \6\ See 19 CFR 351.224(b).
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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\
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    \7\ See 19 CFR 351.309. See also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR 351.309(c)(2).
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    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.
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    \9\ See 19 CFR 351.310(c).
    \10\ Id.
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    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\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ Id.
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    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\
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    \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).
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    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