82 FR 48482 - Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 200 (October 18, 2017)
International Trade Administration
Federal Register Volume 82, Issue 200 (October 18, 2017)
| Page Range | 48482-48483 | |
| FR Document | 2017-22600 |
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)] [Notices] [Pages 48482-48483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22600] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-848] Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable October 18, 2017. SUMMARY: Based on requests, the Department of Commerce (the Department) is initiating new shipper reviews (NSR) of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (PRC) with respect to Anhui Luan Hongyuan Foodstuffs Co., Ltd. (Anhui Luan) and Kunshan Xinrui Trading Co., Ltd. (Kunshan Xinrui). We have determined that these requests meet the statutory and regulatory requirements for initiation. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-0665. SUPPLEMENTARY INFORMATION: Background The antidumping duty Order on freshwater crawfish tail meat from the PRC published in the Federal Register on September 15, 1997.\1\ Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), the Department received timely and properly filed requests for a NSR of the Order from Anhui Luan and Kunshan Xinrui during the anniversary month of the antidumping duty Order.\2\ In its request, Anhui Luan certified that it is both the producer and exporter of the subject merchandise upon which the request was based.\3\ In its request, Kunshan Xinrui certified that it is the exporter and Leping Yongle Food Co., Ltd. (Leping Yongle), is the producer of the subject merchandise upon which the request was based.\4\ --------------------------------------------------------------------------- \1\ See Notice of Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish Tail Meat from the People's Republic of China, 62 FR 48218 (September 15, 1997) (Order). \2\ See Letter from Anhui Luan, ``Freshwater Crawfish Tail Meat from the People's Republic of China Request for New-Shipper Review,'' dated September 15, 2017 (Anhui Luan's NSR Request), and Letter from Kunshan Xinrui, ``Freshwater Crawfish Tail Meat from People's Republic of China: Request for New Shipper Review,'' dated September 19, 2017 (Kunshan Xinrui's NSR Request). \3\ See Anhui Luan's NSR Request at Attachment 1. \4\ See Kunshan Xinrui's NSR Request at Exhibit 1. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Anhui Luan certified that it did not export subject merchandise to the United States during the period of investigation (POI).\5\ Similarly, pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(ii)(A) and 19 CFR 351.214(b)(2)(ii)(B), Kunshan Xinrui and Leping Yongle each certified, respectively, that they did not export subject merchandise to the United States during the POI.\6\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Anhui Luan, Kunshan Xinrui, and Leping Yongle each certified, respectively, that, since the initiation of the investigation, they have never been affiliated with any exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the POI.\7\ As required by 19 CFR 351.214(b)(2)(iii)(B), Anhui Luan and Kunshan Xinrui also certified, respectively, that their export activities were not controlled by the government of the PRC.\8\ --------------------------------------------------------------------------- \5\ See Anhui Luan's NSR Request at Attachment 1. \6\ See Kunshan Xinrui's NSR Request at Exhibit 1. \7\ See Anhui Luan's NSR Request at Attachment 1; Kunshan Xinrui's NSR Request at Exhibit 1. \8\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR [[Page 48483]] 351.214(b)(2)(iv), Anhui Luan and Kunshan Xinrui each submitted respective documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment and subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.\9\ --------------------------------------------------------------------------- \9\ See Anhui Luan's NSR Request at Attachment 2; Kunshan Xinrui's NSR Request at Exhibit 2. --------------------------------------------------------------------------- Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the period of review (POR) for a NSR initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for these NSRs is September 1, 2016, through August 31, 2017. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), we find that the requests from Anhui Luan and Kunshan Xinrui meet the threshold requirements for initiation of (1) a NSR for shipments of freshwater crawfish tail meat from the PRC produced and exported during the POR by Anhui Luan,\10\ and (2) a NSR for shipments of freshwater crawfish tail meat from the PRC produced by Leping Yongle and exported during the POR by Kunshan Xinrui.\11\ --------------------------------------------------------------------------- \10\ See the Memorandum, ``Freshwater Crawfish Tail Meat from the People's Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Anhui Luan Hongyuan Foodstuffs Co., Ltd.,'' dated concurrently with this notice. \11\ See the Memorandum, ``Freshwater Crawfish Tail Meat from the People's Republic of China: Initiation Checklist for Antidumping Duty New Shipper Review of Kunshan Xinrui Trading Co., Ltd.,'' dated concurrently with this notice. --------------------------------------------------------------------------- The Trade Facilitation and Trade Enforcement Act of 2015 \12\ amended section 751(a)(2)(B) of the Act, including provisions which apply to these NSRs. Specifically, the TFTEA amended the Act so that, as of February 24, 2016, the Department no longer instructs U.S. Customs and Border Protection (CBP) to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of a NSR. --------------------------------------------------------------------------- \12\ The Trade Facilitation and Trade Enforcement Act of 2015, H.R. 644, Public Law 114-125 (February 24, 2016) (TFTEA). --------------------------------------------------------------------------- Unless extended, the Department intends to issue the preliminary results of these NSRs no later than 180 days from the date of initiation and final results of the reviews no later than 90 days after the date the preliminary results are issued.\13\ --------------------------------------------------------------------------- \13\ See section 751(a)(2)(B)(iii) of the Act. --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economy countries, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities. Accordingly, we will issue questionnaires to Anhui Luan and Kunshan Xinrui which will include a section requesting information concerning each company's eligibility for a separate rate. We will rescind the NSR of Anhui Luan or Kunshan Xinrui if we determine that either company has not demonstrated that it is eligible for a separate rate. Because Anhui Luan certified that it produced and exported subject merchandise, the sale of which is the basis for its request for a NSR, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise produced and exported by Anhui Luan. Similarly, because Kunshan Xinrui certified that Leping Yongle produced subject merchandise that Kunshan Xinrui exported, the sale of which is the basis for its request for a NSR, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise produced by Leping Yongle and exported by Kunshan Xinrui. To assist in its analysis of the bona fide nature of Anhui Luan's and Kunshan Xinrui's respective sales, upon initiation of these NSRs, the Department will require Anhui Luan and Kunshan Xinrui, respectively, to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in the NSRs should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: October 12, 2017. James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-22600 Filed 10-17-17; 8:45 am] BILLING CODE 3510-DS-P
![48482 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
Chris.Wedderburn@trade.gov or (202) the delegate of the General Counsel, on September 15, 1997.1 Pursuant to
482–1963. formally determined on February 27, section 751(a)(2)(B)(i) of the Tariff Act
Dated: October 13, 2017. 2017, pursuant to Section 10(d) of the of 1930, as amended (the Act), the
Camille R. Evans, Federal Advisory Committee Act, as Department received timely and
amended (5 U.S.C. app. 2 § (l0)(d)), that properly filed requests for a NSR of the
Acting Executive Secretary.
the portion of the meeting concerning Order from Anhui Luan and Kunshan
[FR Doc. 2017–22602 Filed 10–17–17; 8:45 am]
trade secrets and commercial or Xinrui during the anniversary month of
BILLING CODE 3510–DS–P
financial information deemed privileged the antidumping duty Order.2 In its
or confidential as described in 5 U.S.C. request, Anhui Luan certified that it is
552b(c)(4) and the portion of the both the producer and exporter of the
DEPARTMENT OF COMMERCE
meeting concerning matters the subject merchandise upon which the
Bureau of Industry and Security disclosure of which would be likely to request was based.3 In its request,
frustrate significantly implementation of Kunshan Xinrui certified that it is the
Information Systems; Technical an agency action as described in 5 exporter and Leping Yongle Food Co.,
Advisory Committee; Notice of U.S.C. 552b(c)(9)(B) shall be exempt Ltd. (Leping Yongle), is the producer of
Partially Closed Meeting from the provisions relating to public the subject merchandise upon which the
meetings found in 5 U.S.C. app. 2 request was based.4
The Information Systems Technical §§ 10(a)(1) and l0(a)(3). The remaining Pursuant to section 751(a)(2)(B)(i)(I) of
Advisory Committee (ISTAC) will meet the Act and 19 CFR 351.214(b)(2)(i),
portions of the meeting will be open to
on November 1 and 2, 2017, 9:00 a.m., Anhui Luan certified that it did not
the public.
in the Herbert C. Hoover Building, For more information, call Yvette export subject merchandise to the
Room 3884, 14th Street between Springer at (202)482–2813. United States during the period of
Constitution and Pennsylvania Avenues investigation (POI).5 Similarly, pursuant
NW., Washington, DC. The Committee Yvette Springer, to section 751(a)(2)(B)(i)(I) of the Act
advises the Office of the Assistant Committee Liaison Officer. and 19 CFR 351.214(b)(2)(ii)(A) and 19
Secretary for Export Administration on [FR Doc. 2017–22575 Filed 10–17–17; 8:45 am] CFR 351.214(b)(2)(ii)(B), Kunshan
technical questions that affect the level BILLING CODE 3510–JT–P Xinrui and Leping Yongle each
of export controls applicable to certified, respectively, that they did not
information systems equipment and export subject merchandise to the
technology. DEPARTMENT OF COMMERCE United States during the POI.6 In
Wednesday, November 1 addition, pursuant to section
International Trade Administration 751(a)(2)(B)(i)(II) of the Act and 19 CFR
Open Session: 351.214(b)(2)(iii)(A), Anhui Luan,
[A–570–848]
1. Welcome and Introductions
2. Working Group Reports Kunshan Xinrui, and Leping Yongle
Freshwater Crawfish Tail Meat From each certified, respectively, that, since
3. Old Business
4. Industry Presentations: Quantum the People’s Republic of China: the initiation of the investigation, they
Computing Initiation of Antidumping Duty New have never been affiliated with any
5. New business Shipper Reviews exporter or producer who exported
AGENCY: Enforcement and Compliance, subject merchandise to the United
Thursday, November 2 States during the POI, including those
International Trade Administration,
Closed Session: Department of Commerce. respondents not individually examined
6. Discussion of matters determined to during the POI.7 As required by 19 CFR
DATES: Applicable October 18, 2017.
be exempt from the provisions 351.214(b)(2)(iii)(B), Anhui Luan and
relating to public meetings found in SUMMARY: Based on requests, the Kunshan Xinrui also certified,
5 U.S.C. app. 2 §§ 10(a)(1) and Department of Commerce (the respectively, that their export activities
10(a)(3). Department) is initiating new shipper were not controlled by the government
The open session will be accessible reviews (NSR) of the antidumping duty of the PRC.8
via teleconference to 20 participants on order on freshwater crawfish tail meat In addition to the certifications
a first come, first serve basis. To join the from the People’s Republic of China described above, pursuant to 19 CFR
conference, submit inquiries to Ms. (PRC) with respect to Anhui Luan
Yvette Springer at Hongyuan Foodstuffs Co., Ltd. (Anhui 1 See Notice of Amendment to Final
Yvette.Springer@bis.doc.gov, no later Luan) and Kunshan Xinrui Trading Co., Determination of Sales at Less Than Fair Value and
Ltd. (Kunshan Xinrui). We have Antidumping Duty Order: Freshwater Crawfish Tail
than October 25, 2017. Meat from the People’s Republic of China, 62 FR
A limited number of seats will be determined that these requests meet the 48218 (September 15, 1997) (Order).
available for the public session. statutory and regulatory requirements 2 See Letter from Anhui Luan, ‘‘Freshwater
Reservations are not accepted. To the for initiation. Crawfish Tail Meat from the People’s Republic of
China Request for New-Shipper Review,’’ dated
extent time permits, members of the FOR FURTHER INFORMATION CONTACT:
September 15, 2017 (Anhui Luan’s NSR Request),
public may present oral statements to Dmitry Vladimirov, AD/CVD Operations and Letter from Kunshan Xinrui, ‘‘Freshwater
the Committee. The public may submit Office I, Enforcement and Compliance, Crawfish Tail Meat from People’s Republic of
written statements at any time before or International Trade Administration, China: Request for New Shipper Review,’’ dated
September 19, 2017 (Kunshan Xinrui’s NSR
after the meeting. However, to facilitate U.S. Department of Commerce, 1401 Request).
distribution of public presentation Constitution Avenue NW., Washington, 3 See Anhui Luan’s NSR Request at Attachment
ethrower on DSK3G9T082PROD with NOTICES
materials to Committee members, the DC 20230; Telephone: (202) 482–0665. 1.
4 See Kunshan Xinrui’s NSR Request at Exhibit 1.
Committee suggests that public SUPPLEMENTARY INFORMATION:
5 See Anhui Luan’s NSR Request at Attachment
presentation materials or comments be
forwarded before the meeting to Ms. Background 1.
6 See Kunshan Xinrui’s NSR Request at Exhibit 1.
Springer. The antidumping duty Order on 7 See Anhui Luan’s NSR Request at Attachment
The Assistant Secretary for freshwater crawfish tail meat from the 1; Kunshan Xinrui’s NSR Request at Exhibit 1.
Administration, with the concurrence of PRC published in the Federal Register 8 Id.
VerDate Sep<11>2014 17:50 Oct 17, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1](https://thefederalregister.org/doc/82_FR_48682/page/1.svg)
![Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48483
351.214(b)(2)(iv), Anhui Luan and days after the date the preliminary DEPARTMENT OF COMMERCE
Kunshan Xinrui each submitted results are issued.13
respective documentation establishing It is the Department’s usual practice, International Trade Administration
the following: (1) The date on which it in cases involving non-market economy [A–533–810]
first shipped subject merchandise for countries, to require that a company
export to the United States; (2) the seeking to establish eligibility for an Stainless Steel Bar From India:
volume of its first shipment and antidumping duty rate separate from the Preliminary Results of Changed
subsequent shipments; and (3) the date country-wide rate provide evidence of Circumstances Review and Intent To
of its first sale to an unaffiliated de jure and de facto absence of Reinstate Certain Companies in the
customer in the United States.9 government control over the company’s Antidumping Duty Order
Period of Review export activities. Accordingly, we will
issue questionnaires to Anhui Luan and AGENCY: Enforcement and Compliance,
Kunshan Xinrui which will include a International Trade Administration,
In accordance with 19 CFR
section requesting information Department of Commerce.
351.214(g)(1)(i)(A), the period of review
(POR) for a NSR initiated in the month concerning each company’s eligibility SUMMARY: The Department of Commerce
immediately following the anniversary for a separate rate. We will rescind the (the Department) is conducting a
month will be the twelve-month period NSR of Anhui Luan or Kunshan Xinrui changed circumstances review of the
immediately preceding the anniversary if we determine that either company has antidumping duty order on stainless
month. Therefore, the POR for these not demonstrated that it is eligible for a steel bar (SS Bar) from India to
NSRs is September 1, 2016, through separate rate. determine whether Venus Wire
August 31, 2017. Because Anhui Luan certified that it Industries Pvt. Ltd. and its affiliates
produced and exported subject Precision Metals, Sieves Manufacturers
Initiation of New Shipper Reviews (India) Pvt. Ltd., and Hindustan Inox
merchandise, the sale of which is the
Pursuant to section 751(a)(2)(B) of the basis for its request for a NSR, we will Ltd. (collectively, Venus Group), or
Act and 19 CFR 351.214(b), we find that instruct CBP to continue to suspend Viraj Profiles Ltd. (Viraj) have resumed
the requests from Anhui Luan and liquidation of all entries of subject dumping SS Bar and whether the
Kunshan Xinrui meet the threshold merchandise produced and exported by antidumping order should be reinstated
requirements for initiation of (1) a NSR Anhui Luan. Similarly, because for SS Bar from India produced and/or
for shipments of freshwater crawfish tail Kunshan Xinrui certified that Leping exported by the Venus Group and
meat from the PRC produced and Yongle produced subject merchandise produced and/or exported by Viraj. The
exported during the POR by Anhui that Kunshan Xinrui exported, the sale period of review is July 1, 2015, through
Luan,10 and (2) a NSR for shipments of of which is the basis for its request for June 31, 2016.
a NSR, we will instruct CBP to continue We preliminarily determine that the
freshwater crawfish tail meat from the
to suspend liquidation of all entries of Venus Group and Viraj (collectively, the
PRC produced by Leping Yongle and
subject merchandise produced by respondents) have sold SS Bar at less
exported during the POR by Kunshan
Leping Yongle and exported by than normal value (NV) and that SS Bar
Xinrui.11
Kunshan Xinrui. produced and/or exported by the
The Trade Facilitation and Trade respondents should be reinstated in the
Enforcement Act of 2015 12 amended To assist in its analysis of the bona
antidumping order on SS Bar from
section 751(a)(2)(B) of the Act, fide nature of Anhui Luan’s and
India. We will instruct U.S. Customs
including provisions which apply to Kunshan Xinrui’s respective sales, upon
and Border Protection (CBP) to suspend
these NSRs. Specifically, the TFTEA initiation of these NSRs, the Department
liquidation of all entries of SS Bar
amended the Act so that, as of February will require Anhui Luan and Kunshan
produced and/or exported by the
24, 2016, the Department no longer Xinrui, respectively, to submit on an
respondents and entered, or withdrawn
instructs U.S. Customs and Border ongoing basis complete transaction
from warehouse, for consumption on or
Protection (CBP) to allow an importer information concerning any sales of
after the date of publication of this
the option of posting a bond or security subject merchandise to the United
notice in the Federal Register.
in lieu of a cash deposit during the States that were made subsequent to the
Interested parties are invited to
pendency of a NSR. POR.
comment on these preliminary results.
Unless extended, the Department Interested parties requiring access to
DATES: Applicable October 18, 2017.
intends to issue the preliminary results proprietary information in the NSRs
should submit applications for FOR FURTHER INFORMATION CONTACT:
of these NSRs no later than 180 days Thomas Schauer, AD/CVD Operations,
from the date of initiation and final disclosure under administrative
protective order, in accordance with 19 Office I, Enforcement and Compliance,
results of the reviews no later than 90 International Trade Administration,
CFR 351.305 and 351.306.
This initiation and notice are U.S. Department of Commerce, 1401
9 See Anhui Luan’s NSR Request at Attachment
published in accordance with section Constitution Avenue NW., Washington,
2; Kunshan Xinrui’s NSR Request at Exhibit 2.
10 See the Memorandum, ‘‘Freshwater Crawfish 751(a)(2)(B) of the Act and 19 CFR DC 20230; telephone (202) 482–0410.
Tail Meat from the People’s Republic of China: 351.214 and 351.221(c)(1)(i). SUPPLEMENTARY INFORMATION:
Initiation Checklist for Antidumping Duty New
Shipper Review of Anhui Luan Hongyuan Dated: October 12, 2017. Scope of the Order
Foodstuffs Co., Ltd.,’’ dated concurrently with this James Maeder, The merchandise covered by the order
ethrower on DSK3G9T082PROD with NOTICES
notice.
11 See the Memorandum, ‘‘Freshwater Crawfish Senior Director performing the duties of is SS bar. The subject merchandise is
Tail Meat from the People’s Republic of China: Deputy Assistant Secretary for Antidumping currently classifiable under Harmonized
Initiation Checklist for Antidumping Duty New and Countervailing Duty Operations. Tariff Schedule of the United States
Shipper Review of Kunshan Xinrui Trading Co., [FR Doc. 2017–22600 Filed 10–17–17; 8:45 am] (HTSUS) subheadings: 7222.10.00,
Ltd.,’’ dated concurrently with this notice.
12 The Trade Facilitation and Trade Enforcement
BILLING CODE 3510–DS–P 7222.11.00, 7222.19.00, 7222.20.00,
Act of 2015, H.R. 644, Public Law 114–125 7222.30.00. The HTSUS subheadings
(February 24, 2016) (TFTEA). 13 See section 751(a)(2)(B)(iii) of the Act. are provided for convenience and
VerDate Sep<11>2014 17:50 Oct 17, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1](https://thefederalregister.org/doc/82_FR_48682/page/2.svg)
Document Created: 2017-10-18 01:37:34
Document Modified: 2017-10-18 01:37:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 18, 2017. | |
| Contact | Dmitry Vladimirov, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-0665. | |
| FR Citation | 82 FR 48482 |
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