82_FR_47665 82 FR 47469 - Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission of New Shipper Review; 2015-2016

82 FR 47469 - Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission of New Shipper Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47469-47471
FR Document2017-22071

On June 7, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review and intent to rescind the 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 aligned new shipper review is September 1, 2015, through August 31, 2016. Based on our analysis of the comments received, the Department has made changes to the margin calculations for the final results of the administrative review. The Department continues to find that Jingzhou Tianhe Aquatic Products, Ltd.'s (Jingzhou Tianhe) single sale made to the United States during the POR was not bona fide and, therefore, is rescinding the new shipper review with respect to Jingzhou Tianhe.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47469-47471]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22071]


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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 
Rescission of New Shipper Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 7, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review and 
intent to rescind the 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 
aligned new shipper review is September 1, 2015, through August 31, 
2016. Based on our analysis of the comments received, the Department 
has made changes to the margin calculations for the final results of 
the administrative review. The Department continues to find that 
Jingzhou Tianhe Aquatic Products, Ltd.'s (Jingzhou Tianhe) single sale 
made to the United States during the POR was not bona fide and, 
therefore, is rescinding the new shipper review with respect to 
Jingzhou Tianhe.

DATES: Applicable October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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) 482-3683 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 2017, the Department published the preliminary results 
of the administrative review and intent to rescind the new shipper 
review of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (the PRC) \1\ and invited 
interested parties to comment. On July 14, 2017, Hubei Nature 
Agriculture Industry Co., Ltd. (Hubei Nature) timely submitted its case 
brief in the administrative review and, on July 19, 2017, the Crawfish 
Processors Alliance \2\ (the petitioners) timely

[[Page 47470]]

submitted its rebuttal brief. No party submitted comments concerning 
the Department's preliminary intent to rescind the new shipper review 
of Jingzhou Tianhe.
---------------------------------------------------------------------------

    \1\ See Freshwater Crawfish Tail Meat from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, Rescission of Review in Part, and Preliminary Intent to 
Rescind New Shipper Review; 2015-2016, 82 FR 26435 (June 7, 2017), 
and accompanying Decision Memorandum (Preliminary Decision 
Memorandum) (collectively, Preliminary Results).
    \2\ The Crawfish Processors Alliance consists of the following 
firms: A&S Crawfish; Acadiana Fishermen's Cooperative; Arnaudville 
Seafood Plant; Atchafalaya Crawfish Processors; Atchafalaya Crawfish 
Processing, L.L.C.; Bayou Land Seafood, LLC; Bieber Farms Crawfish, 
Inc.; Blanchard's Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL 
Enterprise, Inc. d/b/a C.J.'s; Cajun Central, Inc.; Cajun Seafood 
Distributor, Inc.; Catahoula Crawfish, Inc.; Choplin Seafood; 
Clearwater Crawfish; Crawfish Enterprises, Inc.; Dugas Seafood aka 
Carl's Seafood; Toups Crawfish, L.L.C.; Harvestime Seafood; Harvey's 
Seafood; Louisiana Seafood Co.; Louisiana Premium Seafood; L.T. 
West, Inc.; Phillips Seafood, L.L.C.; Prairie Cajun Wholesale 
Distributors; Randol, Inc. aka Randol's Seafood and Restaurant; 
Riceland Crawfish, Inc. aka Beaucoup Crawfish; Seafood 
International, Inc.; Sylvester's Crawfish; and Teche Valley Seafood.
---------------------------------------------------------------------------

    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). 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.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``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; 2015-2016,'' dated concurrently with, and hereby 
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Rescission of New Shipper Review

    As discussed in the Preliminary Decision Memorandum, we 
preliminarily found that the sale made by Jingzhou Tianhe was not bona 
fide.\4\ We received no comments concerning this finding. Because the 
non-bona fide sale at issue was the only sale of subject merchandise 
that Jingzhou Tianhe made to the United States during the POR, we are 
rescinding the new shipper review of this company.
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum at 4 and 5; see also 
Memorandum, ``New Shipper Review of Freshwater Crawfish Tail Meat 
from the People's Republic of China--Bona Fides Analysis of Jingzhou 
Tianhe Aquatic Products Co., Ltd.'s Sale,'' dated June 1, 2017.
---------------------------------------------------------------------------

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. A 
list of the issues raised is attached as an Appendix to this notice. 
The Issues and 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 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/. A list of the topics discussed in the 
Issues and Decision Memorandum is attached as an Appendix to this 
notice.

Changes Since the Preliminary Results

    Based on comments received from interested parties and further 
review of the record, the Department revised its calculation of the 
surrogate value for non-refrigerated inland freight expenses.\5\ This 
revision changed the weighted-average dumping margin results for Hubei 
Nature and, therefore, the rate applied to the non-selected, separate 
rate company, Xiping Opeck Food Co., Ltd. (Xiping Opeck).
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------

Separate Rate for a Non-Selected Company

    Xiping Opeck 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. As in the 
Preliminary Results, the Department has calculated a rate for the 
mandatory respondent Yancheng Hi-King Agriculture Developing Co., Ltd. 
(Yancheng Hi-King) that is zero and a rate for the mandatory respondent 
Hubei Nature that is not zero, de minimis, or based entirely on facts 
available. Therefore, in accordance with section 735(c)(5)(A) of the 
Act and its prior practice, the Department has assigned Hubei Nature's 
calculated rate (i.e., 3.81 percent) as the separate rate for the non-
examined separate rate exporter, Xiping Opeck, for these final 
results.\6\
---------------------------------------------------------------------------

    \6\ For more details on our methodology in selecting a rate for 
a non-examined separate rate exporter, see the ``Separate Rates'' 
section of the Issues and Decision Memorandum.
---------------------------------------------------------------------------

PRC-Wide Entity

    As stated in the Preliminary Results, 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).\7\
---------------------------------------------------------------------------

    \7\ 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).
---------------------------------------------------------------------------

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, 2015, through August 31, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         margin
                                                             (percent)
------------------------------------------------------------------------
Hubei Nature Agriculture Industry Co., Ltd..............            3.81
Xiping Opeck Food Co., Ltd..............................            3.81
Yancheng Hi-King Agriculture Developing Co., Ltd........            0.00
------------------------------------------------------------------------

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 the administrative 
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 these final results of review.

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

[[Page 47471]]

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, the cash deposit 
rate will be the rate established in the final results of the 
administrative review for each exporter as listed above, except if the 
rate is zero or de minimis, then 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.
    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 violation subject 
to sanction.
    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: October 5, 2017.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

    List of Topics Discussed in the Issues and Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Separate Rates
VI. Discussion of the Issues
    Comment 1: Calculation of Surrogate Value for Non-Refrigerated 
Inland Freight Expenses
    Comment 2: Selection of Financial Information to Value Factory 
Overhead, Selling, General & Administrative Expenses, and Profit
VII. Recommendation

[FR Doc. 2017-22071 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                                   47469

                                                    location of the hearing two days before                  Notification to Interested Parties                    Department) published the preliminary
                                                    the scheduled date.                                        This determination is issued and                    results of the administrative review and
                                                                                                             published in accordance with sections                 intent to rescind the new shipper review
                                                    Postponement of Final Determination
                                                                                                             733(f) and 777(i)(1) of the Act and 19                of the antidumping duty order on
                                                    and Extension of Provisional Measures
                                                                                                             CFR 351.205(c).                                       freshwater crawfish tail meat from the
                                                       Section 735(a)(2) of the Act provides                                                                       People’s Republic of China (PRC). The
                                                    that a final determination may be                          Dated: October 4, 2017.                             period of review (POR) for the
                                                    postponed until not later than 135 days                  Gary Taverman,                                        administrative review and aligned new
                                                    after the date of the publication of the                 Deputy Assistant Secretary for Antidumping            shipper review is September 1, 2015,
                                                    preliminary determination if, in the                     and Countervailing Duty Operations,                   through August 31, 2016. Based on our
                                                    event of an affirmative preliminary                      performing the non-exclusive functions and            analysis of the comments received, the
                                                    determination, a request for such                        duties of the Assistant Secretary for
                                                                                                             Enforcement and Compliance.
                                                                                                                                                                   Department has made changes to the
                                                    postponement is made by exporters who                                                                          margin calculations for the final results
                                                    account for a significant proportion of                  Appendix I                                            of the administrative review. The
                                                    exports of the subject merchandise, or in                Scope of the Investigation                            Department continues to find that
                                                    the event of a negative preliminary                                                                            Jingzhou Tianhe Aquatic Products,
                                                    determination, a request for such                           The scope of this investigation covers all
                                                                                                             forms and sizes of silicon metal, including
                                                                                                                                                                   Ltd.’s (Jingzhou Tianhe) single sale
                                                    postponement is made by the petitioner.                  silicon metal powder. Silicon metal contains          made to the United States during the
                                                    Section 351.210(e)(2) of the                             at least 85.00 percent but less than 99.99            POR was not bona fide and, therefore,
                                                    Department’s regulations requires that a                 percent silicon, and less than 4.00 percent           is rescinding the new shipper review
                                                    request by exporters for postponement                    iron, by actual weight. Semiconductor grade           with respect to Jingzhou Tianhe.
                                                    of the final determination be                            silicon (merchandise containing at least              DATES: Applicable October 12, 2017.
                                                    accompanied by a request for extension                   99.99 percent silicon by actual weight and
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                    of provisional measures from a four-                     classifiable under Harmonized Tariff
                                                                                                             Schedule of the United States (HTSUS)                 Bryan Hansen or Minoo Hatten, AD/
                                                    month period to a period not more than                                                                         CVD Operations, Office I, Enforcement
                                                    six months in duration.                                  subheading 2804.61.0000) is excluded from
                                                                                                             the scope of this investigation.                      and Compliance, International Trade
                                                       On September 6, 2017, pursuant to 19                     Silicon metal is currently classifiable            Administration, U.S. Department of
                                                    CFR 351.210(e), Palmyra do Brasil                        under subheadings 2804.69.1000 and                    Commerce, 1401 Constitution Avenue
                                                    requested that the Department postpone                   2804.69.5000 of the HTSUS. While HTSUS                NW., Washington, DC 20230; telephone:
                                                    the final determination and that                         numbers are provided for convenience and              (202) 482–3683 or (202) 482–1690,
                                                    provisional measures be extended to a                    customs purposes, the written description of          respectively.
                                                    period not to exceed six months.13 In                    the scope remains dispositive.
                                                    accordance with section 735(a)(2)(A) of                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                             Appendix II
                                                    the Act and 19 CFR 351.210(b)(2)(ii),                                                                          Background
                                                    because: (1) The preliminary                             List of Topics Discussed in the Preliminary
                                                    determination is affirmative; (2) the                    Decision Memorandum                                     On June 7, 2017, the Department
                                                    requesting exporter accounts for a                       I. Summary                                            published the preliminary results of the
                                                    significant proportion of exports of the                 II. Background                                        administrative review and intent to
                                                    subject merchandise; and (3) no                          III. Name Change for Dow Corning Silicio do           rescind the new shipper review of the
                                                    compelling reasons for denial exist, the                       Brasil Indústria e Comércio Ltda.             antidumping duty order on freshwater
                                                                                                             IV. Period of Investigation                           crawfish tail meat from the People’s
                                                    Department is postponing the final                       V. Scope Comments
                                                    determination and extending the                                                                                Republic of China (the PRC) 1 and
                                                                                                             VI. Application of Facts Available and Use of         invited interested parties to comment.
                                                    provisional measures from a four-month                         Adverse Facts Available
                                                    period to a period not greater than six                     A. Application of Facts Available
                                                                                                                                                                   On July 14, 2017, Hubei Nature
                                                    months. Accordingly, the Department                         B. Use of Adverse Inference for LIASA              Agriculture Industry Co., Ltd. (Hubei
                                                    will make its final determination no                        C. Preliminary Estimated Weighted-                 Nature) timely submitted its case brief
                                                    later than 135 days after the date of                          Average Dumping Margin Based on AFA             in the administrative review and, on
                                                    publication of this preliminary                             D. Corroboration of Secondary Information          July 19, 2017, the Crawfish Processors
                                                    determination.                                           VII. Conclusion                                       Alliance 2 (the petitioners) timely
                                                                                                             [FR Doc. 2017–22066 Filed 10–11–17; 8:45 am]
                                                    International Trade Commission                           BILLING CODE 3510–DS–P
                                                                                                                                                                     1 See Freshwater Crawfish Tail Meat from the

                                                    Notification                                                                                                   People’s Republic of China: Preliminary Results of
                                                                                                                                                                   Antidumping Duty Administrative Review,
                                                       In accordance with section 733(f) of                                                                        Rescission of Review in Part, and Preliminary Intent
                                                    the Act, the Department will notify the                  DEPARTMENT OF COMMERCE                                to Rescind New Shipper Review; 2015–2016, 82 FR
                                                    International Trade Commission (ITC) of                                                                        26435 (June 7, 2017), and accompanying Decision
                                                                                                             International Trade Administration                    Memorandum (Preliminary Decision Memorandum)
                                                    its preliminary determination. If the                                                                          (collectively, Preliminary Results).
                                                    final determination is affirmative, the                  [A–570–848]                                             2 The Crawfish Processors Alliance consists of the

                                                    ITC will determine before the later of                                                                         following firms: A&S Crawfish; Acadiana
                                                    120 days after the date of this                          Freshwater Crawfish Tail Meat From                    Fishermen’s Cooperative; Arnaudville Seafood
                                                                                                             the People’s Republic of China: Final                 Plant; Atchafalaya Crawfish Processors; Atchafalaya
                                                    preliminary determination or 45 days
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                   Crawfish Processing, L.L.C.; Bayou Land Seafood,
                                                    after the final determination whether                    Results of Antidumping Duty                           LLC; Bieber Farms Crawfish, Inc.; Blanchard’s
                                                    these imports are materially injuring, or                Administrative Review and Rescission                  Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL
                                                    threaten material injury to, the U.S.                    of New Shipper Review; 2015–2016                      Enterprise, Inc. d/b/a C.J.’s; Cajun Central, Inc.;
                                                                                                                                                                   Cajun Seafood Distributor, Inc.; Catahoula Crawfish,
                                                    industry.
                                                                                                             AGENCY:  Enforcement and Compliance,                  Inc.; Choplin Seafood; Clearwater Crawfish;
                                                                                                             International Trade Administration,                   Crawfish Enterprises, Inc.; Dugas Seafood aka Carl’s
                                                      13 See Letter from Palmyra do Brasil, ‘‘Silicon                                                              Seafood; Toups Crawfish, L.L.C.; Harvestime
                                                    Metal from Brazil/Exporter’s Request for                 Department of Commerce.                               Seafood; Harvey’s Seafood; Louisiana Seafood Co.;
                                                    Postponement of Final Antidumping                        SUMMARY: On June 7, 2017, the                         Louisiana Premium Seafood; L.T. West, Inc.;
                                                    Determination’’ dated September 6, 2017.                 Department of Commerce (the                                                                      Continued




                                               VerDate Sep<11>2014   22:35 Oct 11, 2017   Jkt 244001    PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\12OCN1.SGM   12OCN1


                                                    47470                       Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

                                                    submitted its rebuttal brief. No party                  Enforcement and Compliance’s                          entity’s rate is not subject to change (i.e.,
                                                    submitted comments concerning the                       Antidumping and Countervailing Duty                   223.01 percent).7
                                                    Department’s preliminary intent to                      Centralized Electronic Service System                 Final Results of the Administrative
                                                    rescind the new shipper review of                       (ACCESS). ACCESS is available to                      Review
                                                    Jingzhou Tianhe.                                        registered users at http://
                                                       We conducted these reviews in                        access.trade.gov and is available to all                For the final results of the
                                                    accordance with sections 751(a)(1)(B)                   parties in the Central Records Unit,                  administrative review, we determine
                                                    and 751(a)(2)(B) of the Tariff Act of                   Room B8024 of the main Department of                  that the following percentage weighted-
                                                    1930, as amended (the Act).                                                                                   average dumping margins exist for the
                                                                                                            Commerce building. In addition, a
                                                                                                                                                                  period September 1, 2015, through
                                                    Scope of the Order                                      complete version of the Issues and
                                                                                                                                                                  August 31, 2016:
                                                                                                            Decision Memorandum can be accessed
                                                      The merchandise subject to the
                                                                                                            directly on the Enforcement and                                                                     Weighted-
                                                    antidumping duty order is freshwater
                                                    crawfish tail meat, which is currently                  Compliance Web site at http://                                                                       average
                                                                                                                                                                           Producer/exporter
                                                                                                            enforcement.trade.gov/frn/. A list of the                                                            margin
                                                    classified in the Harmonized Tariff                                                                                                                         (percent)
                                                    Schedule of the United States (HTSUS)                   topics discussed in the Issues and
                                                    under subheadings 1605.40.10.10,                        Decision Memorandum is attached as an                 Hubei Nature Agriculture In-
                                                    1605.40.10.90, 0306.19.00.10, and                       Appendix to this notice.                                dustry Co., Ltd ..................                 3.81
                                                    0306.29.00.00. On February 10, 2012,                                                                          Xiping Opeck Food Co., Ltd                           3.81
                                                                                                            Changes Since the Preliminary Results                 Yancheng Hi-King Agri-
                                                    the Department added HTSUS
                                                                                                                                                                    culture Developing Co.,
                                                    classification number 0306.29.01.00 to                    Based on comments received from
                                                                                                                                                                    Ltd .....................................          0.00
                                                    the scope description pursuant to a                     interested parties and further review of
                                                    request by U.S. Customs and Border                      the record, the Department revised its
                                                                                                                                                                  Assessment Rates
                                                    Protection (CBP). While the HTSUS                       calculation of the surrogate value for
                                                    numbers are provided for convenience                    non-refrigerated inland freight                          Pursuant to section 751(a)(2)(A) of the
                                                    and customs purposes, the written                       expenses.5 This revision changed the                  Act, and 19 CFR 351.212(b), the
                                                    description is dispositive. A full                      weighted-average dumping margin                       Department will determine, and U.S.
                                                    description of the scope of the order is                results for Hubei Nature and, therefore,              Customs and Border Protection (CBP)
                                                    contained in the Preliminary Decision                   the rate applied to the non-selected,                 shall assess, antidumping duties on all
                                                    Memorandum.3                                            separate rate company, Xiping Opeck                   appropriate entries covered by these
                                                                                                            Food Co., Ltd. (Xiping Opeck).                        reviews. In accordance with 19 CFR
                                                    Rescission of New Shipper Review                                                                              351.212(b)(1), we have calculated
                                                      As discussed in the Preliminary                       Separate Rate for a Non-Selected                      importer-specific (or customer-specific)
                                                    Decision Memorandum, we                                 Company                                               assessment rates for merchandise
                                                    preliminarily found that the sale made                                                                        subject to these reviews.
                                                    by Jingzhou Tianhe was not bona fide.4                     Xiping Opeck is the only exporter of                  For these final results, we divided the
                                                    We received no comments concerning                      crawfish tail meat from the PRC that                  total dumping margins (calculated as
                                                    this finding. Because the non-bona fide                 demonstrated its eligibility for a                    the difference between normal value
                                                    sale at issue was the only sale of subject              separate rate which was not selected for              and export price) for each of the
                                                    merchandise that Jingzhou Tianhe made                   individual examination in this review.                respondents’ importers or customers by
                                                    to the United States during the POR, we                 As in the Preliminary Results, the                    the total number of kilograms the
                                                    are rescinding the new shipper review                   Department has calculated a rate for the              exporter sold to that importer or
                                                    of this company.                                        mandatory respondent Yancheng Hi-                     customer. We will direct CBP to assess
                                                                                                            King Agriculture Developing Co., Ltd.                 the resulting per-kilogram dollar
                                                    Analysis of Comments Received                           (Yancheng Hi-King) that is zero and a                 amount against each kilogram of
                                                       All issues raised in the case and                    rate for the mandatory respondent                     merchandise in each of that importer’s/
                                                    rebuttal briefs by parties in these                     Hubei Nature that is not zero, de                     customer’s entries during the review
                                                    reviews are addressed in the Issues and                 minimis, or based entirely on facts                   period.
                                                    Decision Memorandum. A list of the                      available. Therefore, in accordance with                 For entries that were not reported in
                                                    issues raised is attached as an Appendix                section 735(c)(5)(A) of the Act and its               the U.S. sales databases submitted by
                                                    to this notice. The Issues and Decision                 prior practice, the Department has                    companies individually examined
                                                    Memorandum is a public document and                     assigned Hubei Nature’s calculated rate               during the administrative review, the
                                                    is made available to the public via                                                                           Department will instruct CBP to
                                                                                                            (i.e., 3.81 percent) as the separate rate
                                                                                                                                                                  liquidate such entries at the PRC-wide
                                                                                                            for the non-examined separate rate
                                                    Phillips Seafood, L.L.C.; Prairie Cajun Wholesale                                                             rate. We intend to issue assessment
                                                                                                            exporter, Xiping Opeck, for these final
                                                    Distributors; Randol, Inc. aka Randol’s Seafood and                                                           instructions to CBP 15 days after the
                                                    Restaurant; Riceland Crawfish, Inc. aka Beaucoup
                                                                                                            results.6                                             date of publication of these final results
                                                    Crawfish; Seafood International, Inc.; Sylvester’s                                                            of review.
                                                    Crawfish; and Teche Valley Seafood.
                                                                                                            PRC-Wide Entity
                                                       3 See Memorandum, ‘‘Issues and Decision
                                                                                                              As stated in the Preliminary Results,               Cash Deposit Requirements
                                                    Memorandum for the Final Results of Antidumping
                                                                                                            because no party requested a review of                  The following cash deposit
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Duty Administrative Review and New Shipper
                                                    Review of Freshwater Crawfish Tail Meat from the        the PRC-wide entity in this review, the               requirements will be effective upon
                                                    People’s Republic of China; 2015–2016,’’ dated          entity is not under review and the                    publication of the final results of the
                                                    concurrently with, and hereby adopted by this                                                                 administrative review for all shipments
                                                    notice (Issues and Decision Memorandum).
                                                       4 See Preliminary Decision Memorandum at 4 and          5 See Issues and Decision Memorandum at            of the subject merchandise entered, or
                                                    5; see also Memorandum, ‘‘New Shipper Review of         Comment 1.
                                                    Freshwater Crawfish Tail Meat from the People’s            6 For more details on our methodology in             7 See Freshwater Crawfish Tail Meat from the

                                                    Republic of China—Bona Fides Analysis of                selecting a rate for a non-examined separate rate     People’s Republic of China; Notice of Final Results
                                                    Jingzhou Tianhe Aquatic Products Co., Ltd.’s Sale,’’    exporter, see the ‘‘Separate Rates’’ section of the   of Antidumping Duty Administrative Review, 68 FR
                                                    dated June 1, 2017.                                     Issues and Decision Memorandum.                       19504 (April 21, 2003).



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                                                                                Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                                  47471

                                                    withdrawn from warehouse, for                           shipper reviews in accordance with                    Background
                                                    consumption on or after the publication                 sections 751(a)(1), 751(a)(2)(B)(iii),                   This preliminary determination is
                                                    date as provided by section 751(a)(2)(C)                751(a)(3), 777(i) of the Act and 19 CFR               made in accordance with section 733(b)
                                                    of the Act: (1) For subject merchandise                 351.213(h) and 351.214.                               of the Tariff Act of 1930, as amended
                                                    exported by the companies listed above,                   Dated: October 5, 2017.                             (the Act). The Department published the
                                                    the cash deposit rate will be the rate                  Gary Taverman,                                        notice of initiation of this investigation
                                                    established in the final results of the                                                                       on April 4, 2017.1 On August 1, 2017,
                                                                                                            Deputy Assistant Secretary, for Antidumping
                                                    administrative review for each exporter                 and Countervailing Duty Operations,                   the Department postponed the
                                                    as listed above, except if the rate is zero             performing the non-exclusive functions and            preliminary determination of this
                                                    or de minimis, then no cash deposit will                duties of the Assistant Secretary for                 investigation and the revised deadline is
                                                    be required for that exporter; (2) for                  Enforcement and Compliance.                           now October 4, 2017.2 For a complete
                                                    previously investigated companies not                                                                         description of the events that followed
                                                    listed above that have separate rates, the              Appendix
                                                                                                                                                                  the initiation of this investigation, see
                                                    cash deposit rate will continue to be the                  List of Topics Discussed in the Issues and         the Preliminary Decision
                                                    company-specific rate published for the                 Decision Memorandum:
                                                                                                                                                                  Memorandum.3 A list of topics included
                                                    investigation; (3) for all other PRC                    I. Summary
                                                                                                            II. Background                                        in the Preliminary Decision
                                                    exporters of subject merchandise which                                                                        Memorandum is included as Appendix
                                                    have not been found to be entitled to a                 III. Scope of the Order
                                                                                                            IV. Surrogate Country                                 II to this notice. The Preliminary
                                                    separate rate, the cash deposit rate will               V. Separate Rates                                     Decision Memorandum is a public
                                                    be the PRC-wide rate of 223.01 percent;                 VI. Discussion of the Issues                          document and is on file electronically
                                                    and (4) for all non-PRC exporters of                       Comment 1: Calculation of Surrogate Value          via Enforcement and Compliance’s
                                                    subject merchandise which have not                            for Non-Refrigerated Inland Freight             Antidumping and Countervailing Duty
                                                    received their own rate, the cash deposit                     Expenses                                        Centralized Electronic Service System
                                                    rate will be the rate applicable to the                    Comment 2: Selection of Financial
                                                                                                                                                                  (ACCESS). ACCESS is available to
                                                    PRC entity that supplied that non-PRC                         Information to Value Factory Overhead,
                                                                                                                  Selling, General & Administrative               registered users at https://
                                                    exporter.                                                                                                     access.trade.gov, and to all parties in the
                                                       These deposit requirements, when                           Expenses, and Profit
                                                                                                            VII. Recommendation                                   Central Records Unit, Room B8024 of
                                                    imposed, shall remain in effect until
                                                                                                            [FR Doc. 2017–22071 Filed 10–11–17; 8:45 am]
                                                                                                                                                                  the main Department of Commerce
                                                    further notice.
                                                                                                                                                                  building. In addition, a complete
                                                                                                            BILLING CODE 3510–DS–P
                                                    Disclosure                                                                                                    version of the Preliminary Decision
                                                      We intend to disclose the calculations                                                                      Memorandum can be accessed directly
                                                    performed to parties in this proceeding                 DEPARTMENT OF COMMERCE                                at http://enforcement.trade.gov/frn/.
                                                    within five days after public                                                                                 The signed and the electronic versions
                                                    announcement of the final results in                    International Trade Administration                    of the Preliminary Decision
                                                    accordance with 19 CFR 351.224(b).                                                                            Memorandum are identical in content.
                                                                                                            [A–602–810]                                           Scope of the Investigation
                                                    Notification to Importers
                                                       This notice serves as a final reminder               Silicon Metal From Australia:                           The product covered by this
                                                    to importers of their responsibility                    Preliminary Affirmative Determination                 investigation is silicon metal from
                                                    under 19 CFR 351.402(f)(2) to file a                    of Sales at Less Than Fair Value,                     Australia. For a complete description of
                                                    certificate regarding the reimbursement                 Preliminary Affirmative Determination                 the scope of this investigation, see
                                                    of antidumping duties prior to                          of Critical Circumstances,                            Appendix I.
                                                    liquidation of the relevant entries                     Postponement of Final Determination,                  Scope Comments
                                                    during this review period. Failure to                   and Extension of Provisional Measures
                                                    comply with this requirement could                                                                              In accordance with the preamble to
                                                    result in the Secretary’s presumption                   AGENCY:  Enforcement and Compliance,                  the Department’s regulations,4 the
                                                    that reimbursement of antidumping                       International Trade Administration,                   Initiation Notice set aside a period of
                                                    duties occurred and the subsequent                      Department of Commerce.                               time for parties to raise issues regarding
                                                    assessment of double antidumping                        SUMMARY: The Department of Commerce                   product coverage (i.e., scope).5 Certain
                                                    duties.                                                 (the Department) preliminarily                        interested parties commented on the
                                                                                                            determines that silicon metal from                    scope of the investigation as it appeared
                                                    Notification Regarding Administrative                   Australia is being, or is likely to be, sold          in the Initiation Notice. After evaluating
                                                    Protective Orders                                       in the United States at less than fair                these comments, the Department
                                                       This notice also serves as a reminder                value (LTFV). The period of
                                                                                                                                                                     1 See Silicon Metal from Australia, Brazil, and
                                                    to parties subject to administrative                    investigation (POI) is January 1, 2016,
                                                                                                                                                                  Norway: Initiation of Less-Than-Fair-Value
                                                    protective order (APO) of their                         through December 31, 2016.                            Investigations, 82 FR 16352 (April 4, 2017)
                                                    responsibility concerning the                           DATES: Applicable October 12, 2017.                   (Initiation Notice).
                                                    destruction of proprietary information                                                                           2 See Silicon Metal from Australia, Brazil, and
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Norway: Postponement of Preliminary
                                                    disclosed under APO in accordance
                                                                                                            Brian Smith or Denisa Ursu, AD/CVD                    Determinations in the Less-Than-Fair-Value
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    with 19 CFR 351.305(a)(3). Timely
                                                                                                            Operations, Office VIII, Enforcement                  Investigations, 82 FR 35753 (August 1, 2017).
                                                    written notification of the return or                                                                            3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                            and Compliance, International Trade
                                                    destruction of APO materials or                                                                               the Preliminary Determination in the Less-Than-
                                                                                                            Administration, U.S. Department of
                                                    conversion to judicial protective order is                                                                    Fair-Value Investigation of Silicon Metal from
                                                                                                            Commerce, 1401 Constitution Avenue                    Australia’’ dated concurrently with, and hereby
                                                    hereby requested. Failure to comply
                                                                                                            NW., Washington, DC 20230; telephone:                 adopted by, this notice (Preliminary Decision
                                                    with the regulations and terms of an                                                                          Memorandum).
                                                                                                            (202) 482–1766 or (202) 482–2285,
                                                    APO is a violation subject to sanction.                                                                          4 See Antidumping Duties; Countervailing Duties,
                                                       We are issuing and publishing these                  respectively.
                                                                                                                                                                  Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                    final results of administrative and new                 SUPPLEMENTARY INFORMATION:                               5 See Initiation Notice.




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Document Created: 2018-10-25 10:05:47
Document Modified: 2018-10-25 10:05:47
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
DatesApplicable October 12, 2017.
ContactBryan Hansen 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) 482-3683 or (202) 482-1690, respectively.
FR Citation82 FR 47469 

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