82_FR_17703 82 FR 17634 - Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015

82 FR 17634 - Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range17634-17635
FR Document2017-07363

On October 12, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review and new shipper review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (the PRC). Based on our analysis of the comments received, we have made changes to our margin calculations for the final results. As a result of these changes, the final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Administrative Review and New Shipper Review.''

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17634-17635]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07363]



[[Page 17634]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


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

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

SUMMARY: On October 12, 2016, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review and new shipper review of the antidumping duty order on 
freshwater crawfish tail meat from the People's Republic of China (the 
PRC). Based on our analysis of the comments received, we have made 
changes to our margin calculations for the final results. As a result 
of these changes, the final weighted-average dumping margins for the 
reviewed firms are listed below in the section entitled ``Final Results 
of the Administrative Review and New Shipper Review.''

DATES: Effective April 12, 2017.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, 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) 482-3477 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    These final results cover four producers/exporters of subject 
merchandise, China Kingdom (Beijing) Import & Export Co., Ltd. (China 
Kingdom), Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang), Hubei 
Nature Agriculture Industry Co., Ltd (Hubei Nature), and Hubei 
Qianjiang Aquatic Food and Product Co., Ltd. (Hubei Qianjiang). The 
period of review (POR) for the aligned administrative review and the 
new shipper review is September 1, 2014, through August 31, 2015.\1\ On 
October 12, 2016, we published the preliminary results of these 
reviews.\2\ On October 17, 2016, we issued a post-preliminary analysis 
memorandum.\3\ We received a case brief from Xuzhou Jinjiang on 
December 16, 2016, and a rebuttal brief from the petitioners, the 
Crawfish Processors Alliance (CPA) on December 23, 2016.\4\
---------------------------------------------------------------------------

    \1\ On February 2, 2016, in accordance with 19 CFR 
351.214(j)(3), the Department aligned the new shipper review with 
the administrative review. See Memorandum to the File entitled, 
``Alignment of New Shipper Review of Freshwater Crawfish Tail Meat 
from the People's Republic of China with the concurrent 
administrative review of Freshwater Crawfish Tail Meat from the 
People's Republic of China,'' dated February 2, 2016.
    \2\ See 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 (October 12, 
2016) (Preliminary Results), and accompanying Decision Memorandum 
(Preliminary Decision Memorandum).
    \3\ See Memorandum to James Maeder, Senior Director, AD/CVD 
Operations, Office I, ``Freshwater Crawfish Tail Meat from the 
People's Republic of China--Post-Preliminary Analysis Memorandum,'' 
dated October 17, 2016.
    \4\ See case brief from Xuzhou Jinjiang Foodstuffs Co. (Xuzhou 
Jinjiang), dated December 16, 2016, and rebuttal brief from the 
petitioners, the Crawfish Processors Alliance (CPA), dated December 
23, 2016.
---------------------------------------------------------------------------

    On January 9, 2017, we issued a memorandum extending the time limit 
for the final results of these reviews to April 10, 2017.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
extending the Final Results, dated January 9, 2017.
---------------------------------------------------------------------------

    We conducted these reviews in accordance with sections 751(a)(1)(B) 
and 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act).

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). The HTSUS numbers are provided for 
convenience and customs purposes only. The written description of the 
scope is dispositive. A full description of the scope of the order is 
contained in the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, ``Issues and Decision Memorandum for 
the Final Results of Antidumping Duty Administrative Review and New 
Shipper Review of Freshwater Crawfish Tail Meat from the People's 
Republic of China,'' dated concurrently with and hereby adopted by 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these reviews are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues raised is 
attached to this notice as an appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Enforcement and 
Compliance Web site at http://enforcement.trade.gov/frn/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made two revisions 
that changed the results for all respondents.\7\
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at Comments 1 and 2.
---------------------------------------------------------------------------

Final Results of the Administrative Review

    For the final results of the administrative review, we determine 
that the following percentage weighted-average dumping margins exist 
for the period September 1, 2014, through August 31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                      Producer/exporter                         average
                                                              margin (%)
------------------------------------------------------------------------
China Kingdom (Beijing) Import & Export Co., Ltd............        0.00
Xuzhou Jinjiang Foodstuffs Co., Ltd.........................        0.00
Hubei Nature Agriculture Industry Co., Ltd..................        0.00
------------------------------------------------------------------------

Final Results of the New Shipper Review

    For the final results of the new shipper review, the Department 
determines that a dumping margin of 0.00 percent exists for merchandise 
produced and exported by Hubei Qianjiang Aquatic Food and Product Co., 
Ltd., covering the period September 1, 2014, through August 31, 2015.

Separate Rate for a Non-Selected Company

    Hubei Nature is the only exporter of crawfish tail meat from the 
PRC that demonstrated its eligibility for a separate rate which was not 
selected for individual examination in this review. The calculated 
rates of the respondents selected for individual examination have 
changed since the Preliminary Results and are now all zero. Neither the

[[Page 17635]]

Act, nor the Department's regulations address the establishment of the 
dumping margin applied to separate rate companies not selected for 
individual examination where the Department limits its individual 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. The Department's practice in administrative reviews 
involving limited selection based on exporters accounting for the 
largest volume of subject merchandise during the period of review has 
been to look to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all-others rate in an 
antidumping investigation. Under section 735(c)(5)(A) of the Act, the 
Department avoids calculating an all-others rate using rates that are 
zero, de minimis, or based entirely on facts available in 
investigations. Section 735(c)(5)(B) of the Act provides that, where 
all dumping margins established for the mandatory respondents are zero, 
de minimis, or based entirely on facts available, the Department may 
use ``any reasonable method for assigning an all-others rate. In these 
final results of review, the dumping margins determined for the 
mandatory respondents are either zero, de minimis, or based entirely on 
AFA. Therefore, in accordance with section 735(c)(5)(B) of the Act, we 
have applied to the non-individually examined companies eligible for a 
separate rate a dumping margin equal to the simple average of the zero 
and AFA rates determined for the mandatory respondents.
    In light of the Federal Circuit's decision in Albemarle Corp. v. 
United States, 821 F.3d 1345 (Fed. Cir. 2016), we have concluded that 
in this review that a reasonable method for determining the rate for 
the non-selected company, Hubei Nature, is to apply the average of the 
zero margins calculated for the two mandatory respondents in the 
administrative review, China Kingdom and Xuzhou Jinjiang. For a 
detailed discussion, see Issues and Decision Memorandum.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by these reviews. In accordance with 19 CFR 351.212(b)(1), we 
have calculated importer-specific (or customer-specific) assessment 
rates for merchandise subject to these reviews.
    For these final results, we divided the total dumping margins 
(calculated as the difference between normal value and export price) 
for each of the respondents' importers or customers by the total number 
of kilograms the exporter sold to that importer or customer. We will 
direct CBP to assess the resulting per-kilogram dollar amount against 
each kilogram of merchandise in each of that importer's/customer's 
entries during the review period.
    For entries that were not reported in the U.S. sales databases 
submitted by companies individually examined during these reviews, 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 these final results of reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of the administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date as provided 
by section 751(a)(2)(C) of the Act: (1) For subject merchandise 
exported by the companies listed above, no cash deposit will be 
required for that exporter; (2) for previously investigated companies 
not listed above that have separate rates, the cash deposit rate will 
continue to be the company-specific rate published for the 
investigation; (3) for all other PRC exporters of subject merchandise 
which have not been found to be entitled to a separate rate, the cash 
deposit rate will be the PRC-wide rate of 223.01 percent; 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 entity that supplied that non-PRC exporter.
    With respect to Hubei Qianjiang, the respondent in the new shipper 
review, 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 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.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
results in accordance with 19 CFR 351.224(b).

Notification to Importers

    This notice serves as a final 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 this review period. Failure to comply 
with this requirement could result in the Secretary'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 destruction 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 terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these final results of administrative 
and new shipper reviews in accordance with sections 751(a)(1), 
751(a)(2)(B)(iii), 751(a)(3), 777(i) of the Act and 19 CFR 351.213(h) 
and 351.214.

    Dated: April 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

A. Summary
B. Background
C. Surrogate Country
D. Separate Rates
E. Separate Rate for a Non-Selected Company
F. Discussion of the Issues
    1. Use of Financial Information To Value Factory Overhead, 
Selling, General & Administrative (SG&A) Expenses, and Profit
    2. Selection of Surrogate Value for Freight, and Brokerage and 
Handling Expenses
    3. Value Added Tax Reduction
G. Recommendation

[FR Doc. 2017-07363 Filed 4-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  17634                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  DEPARTMENT OF COMMERCE                                  these reviews.2 On October 17, 2016, we                 adopted by this notice. A list of the
                                                                                                          issued a post-preliminary analysis                      issues raised is attached to this notice as
                                                  International Trade Administration                      memorandum.3 We received a case brief                   an appendix. The Issues and Decision
                                                                                                          from Xuzhou Jinjiang on December 16,                    Memorandum is a public document and
                                                  [A–570–848]
                                                                                                          2016, and a rebuttal brief from the                     is on file electronically via Enforcement
                                                  Freshwater Crawfish Tail Meat From                      petitioners, the Crawfish Processors                    and Compliance’s Antidumping and
                                                  the People’s Republic of China: Final                   Alliance (CPA) on December 23, 2016.4                   Countervailing Duty Centralized
                                                  Results of Antidumping Duty                                On January 9, 2017, we issued a                      Electronic Service System (ACCESS).
                                                  Administrative Review and New                           memorandum extending the time limit                     ACCESS is available to registered users
                                                                                                          for the final results of these reviews to               at http://access.trade.gov and is
                                                  Shipper Review; 2014–2015
                                                                                                          April 10, 2017.5                                        available to all parties in the Central
                                                  AGENCY:   Enforcement and Compliance,                      We conducted these reviews in                        Records Unit, Room B8024 of the main
                                                  International Trade Administration,                     accordance with sections 751(a)(1)(B)                   Department of Commerce building. In
                                                  Department of Commerce.                                 and 751(a)(2)(B) of the Tariff Act of                   addition, a complete version of the
                                                  SUMMARY: On October 12, 2016, the
                                                                                                          1930, as amended (the Act).                             Issues and Decision Memorandum can
                                                  Department of Commerce (the                             Scope of the Order                                      be accessed directly on the Enforcement
                                                  Department) published the preliminary                                                                           and Compliance Web site at http://
                                                                                                            The merchandise subject to the
                                                  results of the administrative review and                                                                        enforcement.trade.gov/frn/.
                                                                                                          antidumping duty order is freshwater
                                                  new shipper review of the antidumping                   crawfish tail meat, which is currently                  Changes Since the Preliminary Results
                                                  duty order on freshwater crawfish tail                  classified in the Harmonized Tariff
                                                  meat from the People’s Republic of                                                                                Based on our analysis of comments
                                                                                                          Schedule of the United States (HTSUS)                   received, we made two revisions that
                                                  China (the PRC). Based on our analysis                  under subheadings 1605.40.10.10,
                                                  of the comments received, we have                                                                               changed the results for all respondents.7
                                                                                                          1605.40.10.90, 0306.19.00.10, and
                                                  made changes to our margin                              0306.29.00.00. On February 10, 2012,                    Final Results of the Administrative
                                                  calculations for the final results. As a                the Department added HTSUS                              Review
                                                  result of these changes, the final                      classification number 0306.29.01.00 to
                                                  weighted-average dumping margins for                                                                              For the final results of the
                                                                                                          the scope description pursuant to a                     administrative review, we determine
                                                  the reviewed firms are listed below in                  request by U.S. Customs and Border
                                                  the section entitled ‘‘Final Results of the                                                                     that the following percentage weighted-
                                                                                                          Protection (CBP). The HTSUS numbers                     average dumping margins exist for the
                                                  Administrative Review and New                           are provided for convenience and
                                                  Shipper Review.’’                                                                                               period September 1, 2014, through
                                                                                                          customs purposes only. The written                      August 31, 2015:
                                                  DATES: Effective April 12, 2017.                        description of the scope is dispositive.
                                                  FOR FURTHER INFORMATION CONTACT:                        A full description of the scope of the                                                                      Weighted-
                                                  Hermes Pinilla or Minoo Hatten, AD/                     order is contained in the Issues and                               Producer/exporter                        average
                                                  CVD Operations, Office I, Enforcement                   Decision Memorandum.6                                                                                        margin
                                                                                                                                                                                                                        (%)
                                                  and Compliance, International Trade                     Analysis of Comments Received
                                                  Administration, U.S. Department of                                                                              China Kingdom (Beijing) Import
                                                  Commerce, 1401 Constitution Avenue                        All issues raised in the case and                       & Export Co., Ltd ....................                 0.00
                                                  NW., Washington, DC 20230; telephone:                   rebuttal briefs by parties in these                     Xuzhou Jinjiang Foodstuffs Co.,
                                                  (202) 482–3477 or (202) 482–1690,                       reviews are addressed in the Issues and                   Ltd ...........................................        0.00
                                                  respectively.                                           Decision Memorandum, which is hereby                    Hubei Nature Agriculture Indus-
                                                                                                                                                                    try Co., Ltd ..............................            0.00
                                                  SUPPLEMENTARY INFORMATION:                                2 See  Freshwater Crawfish Tail Meat from the
                                                                                                          People’s Republic of China: Preliminary Results of
                                                  Background                                              Antidumping Duty Administrative Review and New
                                                                                                                                                                  Final Results of the New Shipper
                                                                                                          Shipper Review; 2014–2015, 81 FR 70389 (October         Review
                                                    These final results cover four                        12, 2016) (Preliminary Results), and accompanying
                                                  producers/exporters of subject                          Decision Memorandum (Preliminary Decision
                                                                                                                                                                     For the final results of the new
                                                  merchandise, China Kingdom (Beijing)                    Memorandum).                                            shipper review, the Department
                                                  Import & Export Co., Ltd. (China                           3 See Memorandum to James Maeder, Senior             determines that a dumping margin of
                                                  Kingdom), Xuzhou Jinjiang Foodstuffs                    Director, AD/CVD Operations, Office I, ‘‘Freshwater     0.00 percent exists for merchandise
                                                                                                          Crawfish Tail Meat from the People’s Republic of        produced and exported by Hubei
                                                  Co., Ltd. (Xuzhou Jinjiang), Hubei                      China—Post-Preliminary Analysis Memorandum,’’
                                                  Nature Agriculture Industry Co., Ltd                    dated October 17, 2016.                                 Qianjiang Aquatic Food and Product
                                                  (Hubei Nature), and Hubei Qianjiang                        4 See case brief from Xuzhou Jinjiang Foodstuffs     Co., Ltd., covering the period September
                                                  Aquatic Food and Product Co., Ltd.                      Co. (Xuzhou Jinjiang), dated December 16, 2016,         1, 2014, through August 31, 2015.
                                                                                                          and rebuttal brief from the petitioners, the Crawfish
                                                  (Hubei Qianjiang). The period of review                 Processors Alliance (CPA), dated December 23,           Separate Rate for a Non-Selected
                                                  (POR) for the aligned administrative                    2016.                                                   Company
                                                  review and the new shipper review is                       5 See Memorandum to Gary Taverman, Associate

                                                  September 1, 2014, through August 31,                   Deputy Assistant Secretary for Antidumping and            Hubei Nature is the only exporter of
                                                  2015.1 On October 12, 2016, we                          Countervailing Duty Operations, extending the           crawfish tail meat from the PRC that
                                                  published the preliminary results of
                                                                                                          Final Results, dated January 9, 2017.                   demonstrated its eligibility for a
                                                                                                             6 See Memorandum to Ronald K. Lorentzen,
                                                                                                                                                                  separate rate which was not selected for
                                                                                                          Acting Assistant Secretary for Enforcement and
                                                                                                                                                                  individual examination in this review.
mstockstill on DSK30JT082PROD with NOTICES




                                                    1 On February 2, 2016, in accordance with 19 CFR      Compliance, from Gary Taverman, Associate
                                                  351.214(j)(3), the Department aligned the new           Deputy Assistant Secretary for Antidumping and          The calculated rates of the respondents
                                                  shipper review with the administrative review. See      Countervailing Duty Operations, ‘‘Issues and            selected for individual examination
                                                  Memorandum to the File entitled, ‘‘Alignment of         Decision Memorandum for the Final Results of            have changed since the Preliminary
                                                  New Shipper Review of Freshwater Crawfish Tail          Antidumping Duty Administrative Review and New
                                                  Meat from the People’s Republic of China with the       Shipper Review of Freshwater Crawfish Tail Meat
                                                                                                                                                                  Results and are now all zero. Neither the
                                                  concurrent administrative review of Freshwater          from the People’s Republic of China,’’ dated
                                                  Crawfish Tail Meat from the People’s Republic of        concurrently with and hereby adopted by this              7 See Issues and Decision Memorandum at

                                                  China,’’ dated February 2, 2016.                        notice (Issues and Decision Memorandum).                Comments 1 and 2.



                                             VerDate Sep<11>2014   18:45 Apr 11, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\12APN1.SGM      12APN1


                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                                 17635

                                                  Act, nor the Department’s regulations                   and export price) for each of the                     Disclosure
                                                  address the establishment of the                        respondents’ importers or customers by
                                                  dumping margin applied to separate rate                 the total number of kilograms the                       We intend to disclose the calculations
                                                  companies not selected for individual                   exporter sold to that importer or                     performed to parties in this proceeding
                                                  examination where the Department                        customer. We will direct CBP to assess                within five days after public
                                                  limits its individual examination in an                 the resulting per-kilogram dollar                     announcement of the final results in
                                                  administrative review pursuant to                       amount against each kilogram of                       accordance with 19 CFR 351.224(b).
                                                  section 777A(c)(2) of the Act. The                      merchandise in each of that importer’s/               Notification to Importers
                                                  Department’s practice in administrative                 customer’s entries during the review
                                                  reviews involving limited selection                     period.                                                  This notice serves as a final reminder
                                                  based on exporters accounting for the                     For entries that were not reported in               to importers of their responsibility
                                                  largest volume of subject merchandise                   the U.S. sales databases submitted by                 under 19 CFR 351.402(f)(2) to file a
                                                  during the period of review has been to                 companies individually examined                       certificate regarding the reimbursement
                                                  look to section 735(c)(5) of the Act for                during these reviews, the Department                  of antidumping duties prior to
                                                  guidance, which provides instructions                   will instruct CBP to liquidate such                   liquidation of the relevant entries
                                                  for calculating the all-others rate in an               entries at the PRC-wide rate. We intend               during this review period. Failure to
                                                  antidumping investigation. Under                        to issue assessment instructions to CBP               comply with this requirement could
                                                  section 735(c)(5)(A) of the Act, the                    15 days after the date of publication of              result in the Secretary’s presumption
                                                  Department avoids calculating an all-                   these final results of reviews.                       that reimbursement of antidumping
                                                  others rate using rates that are zero, de               Cash Deposit Requirements                             duties occurred and the subsequent
                                                  minimis, or based entirely on facts                                                                           assessment of double antidumping
                                                  available in investigations. Section                       The following cash deposit                         duties.
                                                  735(c)(5)(B) of the Act provides that,                  requirements will be effective upon
                                                  where all dumping margins established                   publication of the final results of the               Notification Regarding Administrative
                                                  for the mandatory respondents are zero,                 administrative review for all shipments               Protective Orders
                                                  de minimis, or based entirely on facts                  of the subject merchandise entered, or
                                                                                                          withdrawn from warehouse, for                            This notice also serves as a reminder
                                                  available, the Department may use ‘‘any
                                                                                                          consumption on or after the publication               to parties subject to administrative
                                                  reasonable method for assigning an all-
                                                                                                          date as provided by section 751(a)(2)(C)              protective order (APO) of their
                                                  others rate. In these final results of
                                                                                                          of the Act: (1) For subject merchandise               responsibility concerning the
                                                  review, the dumping margins
                                                                                                          exported by the companies listed above,               destruction of proprietary information
                                                  determined for the mandatory
                                                                                                          no cash deposit will be required for that             disclosed under APO in accordance
                                                  respondents are either zero, de minimis,
                                                                                                          exporter; (2) for previously investigated             with 19 CFR 351.305(a)(3). Timely
                                                  or based entirely on AFA. Therefore, in
                                                                                                          companies not listed above that have                  written notification of the return or
                                                  accordance with section 735(c)(5)(B) of
                                                                                                          separate rates, the cash deposit rate will            destruction of APO materials or
                                                  the Act, we have applied to the non-
                                                                                                          continue to be the company-specific rate              conversion to judicial protective order is
                                                  individually examined companies
                                                  eligible for a separate rate a dumping                  published for the investigation; (3) for              hereby requested. Failure to comply
                                                  margin equal to the simple average of                   all other PRC exporters of subject                    with the regulations and terms of an
                                                  the zero and AFA rates determined for                   merchandise which have not been                       APO is a sanctionable violation.
                                                  the mandatory respondents.                              found to be entitled to a separate rate,                 We are issuing and publishing these
                                                     In light of the Federal Circuit’s                    the cash deposit rate will be the PRC-                final results of administrative and new
                                                  decision in Albemarle Corp. v. United                   wide rate of 223.01 percent; and (4) for              shipper reviews in accordance with
                                                  States, 821 F.3d 1345 (Fed. Cir. 2016),                 all non-PRC exporters of subject                      sections 751(a)(1), 751(a)(2)(B)(iii),
                                                  we have concluded that in this review                   merchandise which have not received                   751(a)(3), 777(i) of the Act and 19 CFR
                                                  that a reasonable method for                            their own rate, the cash deposit rate will            351.213(h) and 351.214.
                                                  determining the rate for the non-                       be the rate applicable to the PRC entity
                                                                                                                                                                  Dated: April 6, 2017.
                                                  selected company, Hubei Nature, is to                   that supplied that non-PRC exporter.
                                                                                                             With respect to Hubei Qianjiang, the               Ronald K. Lorentzen,
                                                  apply the average of the zero margins
                                                  calculated for the two mandatory                        respondent in the new shipper review,                 Acting Assistant Secretary for Enforcement
                                                                                                          the Department established a                          and Compliance.
                                                  respondents in the administrative
                                                  review, China Kingdom and Xuzhou                        combination cash deposit rate for this                Appendix
                                                  Jinjiang. For a detailed discussion, see                company consistent with its practice, as
                                                                                                          follows: (1) For subject merchandise                  List of Topics Discussed in the Issues and
                                                  Issues and Decision Memorandum.                                                                               Decision Memorandum
                                                                                                          produced and exported by Hubei
                                                  Assessment Rates                                        Qianjiang the cash deposit rate will be               A. Summary
                                                    Pursuant to section 751(a)(2)(A) of the               the rate established in the final results             B. Background
                                                  Act, and 19 CFR 351.212(b), the                         of the new shipper review; (2) for                    C. Surrogate Country
                                                                                                                                                                D. Separate Rates
                                                  Department will determine, and U.S.                     subject merchandise exported by Hubei                 E. Separate Rate for a Non-Selected Company
                                                  Customs and Border Protection (CBP)                     Qianjiang, but not produced by Hubei                  F. Discussion of the Issues
                                                  shall assess, antidumping duties on all                 Qianjiang, the cash deposit rate will be                1. Use of Financial Information To Value
                                                  appropriate entries covered by these                    the rate for the PRC-wide entity; and (3)                  Factory Overhead, Selling, General &
                                                  reviews. In accordance with 19 CFR                      for subject merchandise produced by                        Administrative (SG&A) Expenses, and
mstockstill on DSK30JT082PROD with NOTICES




                                                  351.212(b)(1), we have calculated                       Hubei Qianjiang, but not exported by                       Profit
                                                  importer-specific (or customer-specific)                Hubei Qianjiang, the cash deposit rate                  2. Selection of Surrogate Value for Freight,
                                                  assessment rates for merchandise                        will be the rate applicable to the                         and Brokerage and Handling Expenses
                                                  subject to these reviews.                               exporter.                                               3. Value Added Tax Reduction
                                                    For these final results, we divided the                  These deposit requirements, when                   G. Recommendation
                                                  total dumping margins (calculated as                    imposed, shall remain in effect until                 [FR Doc. 2017–07363 Filed 4–11–17; 8:45 am]
                                                  the difference between normal value                     further notice.                                       BILLING CODE 3510–DS–P




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Document Created: 2017-04-12 00:23:34
Document Modified: 2017-04-12 00:23:34
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 April 12, 2017.
ContactHermes Pinilla or Minoo Hatten, 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) 482-3477 or (202) 482-1690, respectively.
FR Citation82 FR 17634 

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