81 FR 75377 - Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 210 (October 31, 2016)
International Trade Administration
Federal Register Volume 81, Issue 210 (October 31, 2016)
| Page Range | 75377-75378 | |
| FR Document | 2016-26148 |
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)] [Notices] [Pages 75377-75378] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26148] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-848] Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective October 31, 2016. SUMMARY: Based on a request, the Department of Commerce (the Department) is initiating a new shipper review (NSR) of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (PRC) with respect to Jingzhou Tianhe Aquatic Products Co., Ltd. (Jingzhou Tianhe). We have determined that this request meets the statutory and regulatory requirements for initiation. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-0665. SUPPLEMENTARY INFORMATION: Background The antidumping duty order on freshwater crawfish tail meat from the PRC published in the Federal Register on September 15, 1997.\1\ Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), the Department received a timely and properly filed request for a NSR of the order from Jingzhou Tianhe during the anniversary month of the antidumping duty order.\2\ In its request, Jingzhou [[Page 75378]] Tianhe certified that it is both the producer and exporter of the subject merchandise upon which the request was based.\3\ --------------------------------------------------------------------------- \1\ See Notice of Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish Tail Meat From the People's Republic of China, 62 FR 48218 (September 15, 1997) (Crawfish Order). \2\ See Letter from Jingzhou Tianhe, ``RE: Freshwater Crawfish Tail meat From the People's Republic of China; Request for New Shipper Review,'' dated September 30, 2016. \3\ Id., at 2. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Jingzhou Tianhe certified that it did not export subject merchandise to the United States during the period of investigation (POI).\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Jingzhou Tianhe certified that, since the initiation of the investigation, it has never been affiliated with any exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the POI.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), Jingzhou Tianhe also certified that its export activities were not controlled by the government of the PRC.\6\ --------------------------------------------------------------------------- \4\ Id., at Attachment 1. \5\ Id. \6\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2), Jingzhou Tianhe submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.\7\ --------------------------------------------------------------------------- \7\ Id., at Attachment 2; see also Jingzhou Tianhe's October 14, 2016, response to the Department's request for additional information, dated October 3, 2016. --------------------------------------------------------------------------- Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the period of review (POR) for a NSR initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for this NSR is September 1, 2015, through August 31, 2016. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), we find that the request from Jingzhou Tianhe meets the threshold requirements for initiation of a NSR for shipments of freshwater crawfish tail meat from the PRC produced and exported by Jingzhou Tianhe.\8\ --------------------------------------------------------------------------- \8\ See the memorandum to the file entitled, ``Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Jingzhou Tianhe Aquatic Products Co., Ltd.,'' dated concurrently with this notice. --------------------------------------------------------------------------- On February 24, 2016, the President signed into law the ``Trade Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this NSR in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.\9\ --------------------------------------------------------------------------- \9\ Notably, the Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct U.S. Customs and Border Protection (CBP) to allow an importer the option of posting a bond or security in lien of a cash deposit during the pendency of an NSR. --------------------------------------------------------------------------- Unless extended, the Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation and final results of the review no later than 90 days after the date the preliminary results are issued.\10\ --------------------------------------------------------------------------- \10\ See section 751(a)(2)(B)(iv) of the Act. --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economy countries, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities. Accordingly, we will issue a questionnaire to Jingzhou Tianhe which will include a section requesting information concerning its eligibility for a separate rate. We will rescind the NSR of Jingzhou Tianhe if we determine that Jingzhou Tianhe has not demonstrated that it is eligible for a separate rate. Because Jingzhou Tianhe certified that it produced and exported subject merchandise, the sale of which is the basis for the request for a NSR, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise produced and exported by Jingzhou Tianhe. To assist in its analysis of the bona fides of Jingzhou Tianhe's sales, upon initiation of this NSR, the Department will require Jingzhou Tianhe to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in the NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Christian Marsh, DAS for AD/CVD Operations. [FR Doc. 2016-26148 Filed 10-28-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices 75377
relationships; and (4) customer base.7 charts demonstrating the board of published in accordance with sections
While no single factor or combination of directors and equity stockholders of 751(b)(1) and 777(i) of the Act and 19
factors will necessarily provide a both Avanti Feed and Avanti Frozen; CFR 351.216(b), 351.221(b) and
dispositive indication of a successor-in- and a list of suppliers, customers, and 351.221(c)(3).
interest relationship, generally, the production and business locations Dated: October 24, 2016.
Department will consider the new before and after the transfer.12 In
Ronald K. Lorentzen,
company to be the successor to the summary, Avanti Frozen presented
Acting Assistant Secretary for Enforcement
previous company if the new company’s evidence to support its claim of
and Compliance.
resulting operation is not materially successorship and the transfer did not
[FR Doc. 2016–26214 Filed 10–28–16; 8:45 am]
dissimilar to that of its predecessor.8 impact any of the criteria that the
BILLING CODE 3510–DS–P
Thus, if the record evidence Department typically looks to when
demonstrates that, with respect to the making a changed circumstances
production and sale of the subject determination.
merchandise, the new company We find that the evidence provided by DEPARTMENT OF COMMERCE
operates as the same business entity as Avanti Frozen is sufficient to International Trade Administration
the predecessor company, the preliminarily determine that the transfer
Department may assign the new of shrimp operations from Avanti Feeds
[A–570–848]
company the cash deposit rate of its to its subsidiary Avanti Frozen did not
predecessor.9 affect the company’s operations in a Freshwater Crawfish Tail Meat From
In accordance with 19 CFR 351.216, meaningful way. Therefore, based on the People’s Republic of China:
we preliminarily determine that Avanti the aforementioned reasons, we Initiation of Antidumping Duty New
Frozen is the successor-in-interest to preliminarily determine that Avanti Shipper Review
Avanti Feeds. Record evidence, as Frozen is the successor-in-interest to
submitted by Avanti Frozen, indicates Avanti Feeds and, thus, should receive AGENCY: Enforcement and Compliance,
that Avanti Frozen operates as the same antidumping duty treatment International Trade Administration,
essentially the same business entity as with respect to the subject merchandise Department of Commerce.
Avanti Feeds with respect to the subject as Avanti Feeds. DATES: Effective October 31, 2016.
merchandise.10 For the complete Public Comment
successor-in-interest analysis, including SUMMARY: Based on a request, the
discussion of business proprietary Pursuant to 19 CFR 351.310(c), any Department of Commerce (the
information, refer to the accompanying interested party may request a hearing Department) is initiating a new shipper
successor-in-interest memorandum.11 within 30 days of publication of this review (NSR) of the antidumping duty
Record evidence, as submitted by notice. In accordance with 19 CFR order on freshwater crawfish tail meat
Avanti Frozen, indicates that the shrimp 351.309(c)(1)(ii), interested parties may from the People’s Republic of China
business was transferred fully from submit case briefs not later than 30 days (PRC) with respect to Jingzhou Tianhe
Avanti Feeds to its subsidiary, Avanti after the date of publication of this Aquatic Products Co., Ltd. (Jingzhou
Frozen. Specifically, Avanti Frozen notice. Rebuttal briefs, limited to issues Tianhe). We have determined that this
provided a Business Transfer Agreement raised in the case briefs, may be filed no request meets the statutory and
which transfers Avanti Feed’s entire later than five days after the case briefs, regulatory requirements for initiation.
shrimp business to Avanti Frozen; in accordance with 19 CFR 351.309(d). FOR FURTHER INFORMATION CONTACT:
approvals from various governing Parties who submit case or rebuttal Dmitry Vladimirov, AD/CVD Operations
entities approving/confirming the briefs are encouraged to submit with Office I, Enforcement and Compliance,
transfer of the shrimp business from each argument: (1) A statement of the International Trade Administration,
Avanti Feeds to Avanti Frozen; letters issue; (2) a brief summary of the U.S. Department of Commerce, 1401
notifying customers, suppliers, and argument; and (3) a table of authorities. Constitution Avenue NW., Washington,
employees of the business transfer; All comments are to be filed DC 20230; Telephone: (202) 482–0665.
Avanti Frozen’s first annual report; electronically using Enforcement and SUPPLEMENTARY INFORMATION:
Compliance’s Antidumping and
7 See, e.g., Notice of Final Results of Changed Countervailing Duty Centralized Background
Circumstances Antidumping Duty Administrative Electronic Service System (ACCESS) The antidumping duty order on
Review: Polychloroprene Rubber From Japan, 67 FR available to registered users at http://
58 (January 2, 2002).
freshwater crawfish tail meat from the
8 See, e.g., Fresh and Chilled Atlantic Salmon
iaaccess.trade.gov and in the Central PRC published in the Federal Register
From Norway; Final Results of Changed Records Unit, Room B8024 of the main on September 15, 1997.1 Pursuant to
Circumstances Antidumping Duty Administrative Department of Commerce building, and section 751(a)(2)(B)(i) of the Tariff Act
Review, 64 FR 9979, 9980 (March 1, 1999). must also be served on interested of 1930, as amended (the Act), the
9 See, e.g., Circular Welded Non-Alloy Steel Pipe
parties.29 An electronically filed Department received a timely and
From the Republic of Korea; Preliminary Results of
Antidumping Duty Changed Circumstances Review,
document must be received successfully properly filed request for a NSR of the
63 FR 14679 (March 26, 1998), unchanged in in its entirety by ACCESS by 5:00 p.m. order from Jingzhou Tianhe during the
Circular Welded Non-Alloy Steel Pipe From Korea; Eastern Time on the day it is due.13 anniversary month of the antidumping
Final Results of Antidumping Duty Changed Consistent with 19 CFR 351.216(e),
Circumstances Review, 63 FR 20572 (April 27,
duty order.2 In its request, Jingzhou
1998), in which the Department found that a
we will issue the final results of this
sradovich on DSK3GMQ082PROD with NOTICES
company which only changed its name and did not changed circumstances review no later 1 See Notice of Amendment to Final
change its operations is a successor-in-interest to than 270 days after the date on which Determination of Sales at Less Than Fair Value and
the company before it changed its name. this review was initiated, or within 45 Antidumping Duty Order: Freshwater Crawfish Tail
10 See Avanti Frozen CCR Request. Meat From the People’s Republic of China, 62 FR
days if all parties agree to our
11 See Memorandum to Melissa G. Skinner, 48218 (September 15, 1997) (Crawfish Order).
Director, Office II, entitled ‘‘Certain Frozen
preliminary finding. This notice is 2 See Letter from Jingzhou Tianhe, ‘‘RE:
Warmwater Shrimp from India: Preliminary Freshwater Crawfish Tail meat From the People’s
12 See Avanti Frozen CCR Request.
Successor-In-Interest Determination’’ dated Republic of China; Request for New Shipper
concurrently with this notice. 13 See 19 CFR 351.303(b). Review,’’ dated September 30, 2016.
VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1](https://thefederalregister.org/doc/81_FR_75587/page/1.svg)
![75378 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices
Tianhe certified that it is both the On February 24, 2016, the President 751(a)(2)(B) of the Act and 19 CFR
producer and exporter of the subject signed into law the ‘‘Trade Facilitation 351.214 and 351.221(c)(1)(i).
merchandise upon which the request and Trade Enforcement Act of 2015,’’
Christian Marsh,
was based.3 H.R. 644, which made several
DAS for AD/CVD Operations.
Pursuant to section 751(a)(2)(B)(i)(I) of amendments to section 751(a)(2)(B) of
the Act. We will conduct this NSR in [FR Doc. 2016–26148 Filed 10–28–16; 8:45 am]
the Act and 19 CFR 351.214(b)(2)(i),
Jingzhou Tianhe certified that it did not accordance with section 751(a)(2)(B) of BILLING CODE 3510–DS–P
export subject merchandise to the the Act, as amended by the Trade
United States during the period of Facilitation and Trade Enforcement Act
DEPARTMENT OF COMMERCE
investigation (POI).4 In addition, of 2015.9
pursuant to section 751(a)(2)(B)(i)(II) of Unless extended, the Department International Trade Administration
the Act and 19 CFR 351.214(b)(2)(iii)(A), intends to issue the preliminary results
Jingzhou Tianhe certified that, since the of this NSR no later than 180 days from [A–557–813]
initiation of the investigation, it has the date of initiation and final results of
never been affiliated with any exporter Polyethylene Retail Carrier Bags From
the review no later than 90 days after
or producer who exported subject Malaysia: Final Results of the
the date the preliminary results are Antidumping Duty Administrative
merchandise to the United States during issued.10
the POI, including those respondents Review; 2014–2015
not individually examined during the It is the Department’s usual practice,
in cases involving non-market economy AGENCY: Enforcement and Compliance,
POI.5 As required by 19 CFR International Trade Administration,
351.214(b)(2)(iii)(B), Jingzhou Tianhe countries, to require that a company
seeking to establish eligibility for an Department of Commerce.
also certified that its export activities
antidumping duty rate separate from the SUMMARY: On June 24, 2016, the
were not controlled by the government
of the PRC.6 country-wide rate provide evidence of Department of Commerce (the
de jure and de facto absence of Department) published the preliminary
In addition to the certifications
government control over the company’s results of the administrative review of
described above, pursuant to 19 CFR
export activities. Accordingly, we will the antidumping duty order on
351.214(b)(2), Jingzhou Tianhe
issue a questionnaire to Jingzhou Tianhe polyethylene retail carrier bags (PRCBs)
submitted documentation establishing
which will include a section requesting from Malaysia. The review covers one
the following: (1) The date on which it
information concerning its eligibility for producer/exporter of the subject
first shipped subject merchandise for
a separate rate. We will rescind the NSR merchandise, Euro SME Sdn Bhd (Euro
export to the United States; (2) the
of Jingzhou Tianhe if we determine that SME) for the period of review (POR)
volume of its first shipment; and (3) the
Jingzhou Tianhe has not demonstrated August 1, 2014, through July 31, 2015.
date of its first sale to an unaffiliated
that it is eligible for a separate rate. The final estimated weighted-average
customer in the United States.7
dumping margin is listed below in the
Period of Review Because Jingzhou Tianhe certified ‘‘Final Results of Review’’ section of this
that it produced and exported subject notice.
In accordance with 19 CFR merchandise, the sale of which is the
351.214(g)(1)(i)(A), the period of review DATES: Effective October 31, 2016.
basis for the request for a NSR, we will
(POR) for a NSR initiated in the month instruct CBP to continue to suspend FOR FURTHER INFORMATION CONTACT:
immediately following the anniversary liquidation of all entries of subject Bryan Hansen or Minoo Hatten, AD/
month will be the twelve-month period merchandise produced and exported by CVD Operations, Office I, Enforcement
immediately preceding the anniversary Jingzhou Tianhe. and Compliance, International Trade
month. Therefore, the POR for this NSR Administration, U.S. Department of
To assist in its analysis of the bona
is September 1, 2015, through August Commerce, 1401 Constitution Avenue
fides of Jingzhou Tianhe’s sales, upon NW., Washington, DC 20230; telephone:
31, 2016.
initiation of this NSR, the Department (202) 482–3683 or (202) 482–1690,
Initiation of New Shipper Review will require Jingzhou Tianhe to submit respectively.
on an ongoing basis complete
Pursuant to section 751(a)(2)(B) of the SUPPLEMENTARY INFORMATION:
transaction information concerning any
Act and 19 CFR 351.214(b), we find that
sales of subject merchandise to the Background
the request from Jingzhou Tianhe meets
United States that were made
the threshold requirements for initiation On June 24, 2016, the Department
subsequent to the POR.
of a NSR for shipments of freshwater published the Preliminary Results in the
crawfish tail meat from the PRC Interested parties requiring access to Federal Register, and invited parties to
produced and exported by Jingzhou proprietary information in the NSR comment.1 For events subsequent to the
Tianhe.8 should submit applications for Preliminary Results, see the
disclosure under administrative Department’s Final Decision
3 Id., at 2. protective order, in accordance with 19 Memorandum.2 The Department
4 Id., at Attachment 1. CFR 351.305 and 351.306.
5 Id.
6 Id.
This initiation and notice are 1 See Polyethylene Retail Carrier Bags From
published in accordance with section Malaysia: Preliminary Results of Antidumping Duty
7 Id., at Attachment 2; see also Jingzhou Tianhe’s Administrative Review; 2014–2015, 81 FR 41294
sradovich on DSK3GMQ082PROD with NOTICES
October 14, 2016, response to the Department’s (June 24, 2016) (Preliminary Results).
request for additional information, dated October 3, 9 Notably, the Trade Facilitation and Trade 2 See Memorandum from Christian Marsh, Deputy
2016. Enforcement Act of 2015 removed from section Assistant Secretary for Antidumping and
8 See the memorandum to the file entitled, 751(a)(2)(B) of the Act the provision directing the Countervailing Duty Operations, to Ronald K.
‘‘Freshwater Crawfish Tail Meat From the People’s Department to instruct U.S. Customs and Border Lorentzen, Acting Assistant Secretary for
Republic of China: Initiation Checklist for Protection (CBP) to allow an importer the option of Enforcement and Compliance, ‘‘Issues and Decision
Antidumping Duty New Shipper Review of posting a bond or security in lien of a cash deposit Memorandum for Final Results of Antidumping
Jingzhou Tianhe Aquatic Products Co., Ltd.,’’ dated during the pendency of an NSR. Duty Administrative Review: Polyethylene Retail
concurrently with this notice. 10 See section 751(a)(2)(B)(iv) of the Act. Carrier Bags from Malaysia,’’ dated concurrently
VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1](https://thefederalregister.org/doc/81_FR_75587/page/2.svg)
Document Created: 2018-02-02 12:13:46
Document Modified: 2018-02-02 12:13:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective October 31, 2016. | |
| Contact | Dmitry Vladimirov, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-0665. | |
| FR Citation | 81 FR 75377 |
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