83 FR 52201 - Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Reviews, and Rescission of Review in Part; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 200 (October 16, 2018)
International Trade Administration
Federal Register Volume 83, Issue 200 (October 16, 2018)
| Page Range | 52201-52203 | |
| FR Document | 2018-22455 |
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)] [Notices] [Pages 52201-52203] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22455] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-848] Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Reviews, and Rescission of Review in Part; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that companies covered by the administrative review and new shipper reviews did not make sales of subject merchandise at prices below normal value. We invite interested parties to comment on these preliminary results. DATES: Applicable October 16, 2018. FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482-3683 (Hubei Nature), Joshua Poole (202) 482-1293 (Anhui Luan), or Hermes Pinilla (202) 482-3477 (Kunshan Xinrui), AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background Commerce is conducting an administrative review and new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (China). The period of review (POR) for the administrative review and the aligned new shipper reviews is September 1, 2016, through August 31, 2017. The administrative review covers one mandatory respondent, Hubei Nature Agriculture Industry Co., Ltd. (Hubei Nature). The new shipper reviews cover Anhui Luan Hongyuan Foodstuffs Co., Ltd. (Anhui Luan) and Kunshan Xinrui Trading Co., Ltd. (Kunshan Xinrui). Commerce preliminarily determines that sales of subject merchandise by Hubei Nature have not been made at prices below normal value. Commerce also preliminarily determines that sales of subject merchandise by Anhui Luan and Kunshan Xinrui have not been made at prices below normal value. 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, Commerce added HTSUS classification number 0306.29.01.00 to the scope description pursuant to a request by U.S. Customs and Border Protection (CBP). On September 21, 2018, Commerce added HTSUS classification numbers 0306.39.0000 and 0306.99.0000 to the scope description pursuant to a request by CBP. While the HTSUS numbers are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ See Memorandum, ``Freshwater Crawfish Tail Meat from the People's Republic of China: Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review and New Shipper Reviews; 2016-2017,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Rescission of Administrative Review in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. The petitioners, the Crawfish Processors Alliance, withdrew their review request for six of the 12 companies for which a review was requested.\2\ This withdrawal of review requests was submitted on February 12, 2018, within the deadline set forth under 19 CFR 351.213(d)(1). Two of these companies also requested a review of their sales of subject merchandise. No other parties requested a review of the remaining four companies. Accordingly, Commerce is rescinding this review, in part, with respect to Deyan Aquatic Products and Food Co., Ltd., Hubei Yuesheng Aquatic Products Co., Ltd., Jingzhou Tianhe Aquatic Products Co., Ltd., and Shanghai Ocean Flavor [[Page 52202]] International Trading Co., Ltd., in accordance with 19 CFR 351.213(d)(1).\3\ --------------------------------------------------------------------------- \2\ We initiated an administrative review on the following companies: China Kingdom (Beijing) Import & Export Co., Ltd., Deyan Aquatic Products and Food Co., Ltd., Hubei Nature Agriculture Industry Co., Ltd., Hubei Qianjiang Huashan Aquatic Food and Product Co., Ltd., Hubei Yuesheng Aquatic Products Co., Ltd., Jingzhou Tianhe Aquatic Products Co., Ltd., Nanjing Gemsen International Co., Ltd., Shanghai Ocean Flavor International Trading Co., Ltd., Weishan Hongda Aquatic Food Co., Ltd., Xiping Opeck Food Co., Ltd., Xuzhou Jinjiang Foodstuffs Co., Ltd., Yancheng Hi-King Agriculture Developing Co., Ltd. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017). \3\ For more details, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- Preliminary Determination of No Shipments Three companies that received a separate rate in previous segments of the proceeding and are subject to this review reported that they did not have any exports of subject merchandise during the POR.\4\ We requested that CBP report any contrary information.\5\ In response to our inquiry, CBP indicated that these three companies did not have any shipments of the subject merchandise sold to the United States during the POR.\6\ Further, consistent with our practice, we find that it is not appropriate to rescind the review with respect to these companies but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of review.\7\ --------------------------------------------------------------------------- \4\ See No-Shipment Letters from China Kingdom (Beijing) Import & Export Co., Ltd., Hubei Qianjiang Huashan Aquatic Food and Product Co., Ltd., and Nanjing Gemsen International Co., Ltd., all dated November 30, 2017. \5\ See CBP message numbers 8103308, 8103309 and 8103310 dated April 13, 2018, available at http://adcvd.cbp.dhs.gov/adcvdweb/. \6\ See Memorandum, ``Re: No shipment inquiry with respect to the companies below during the period 09/01/2016 through 08/31/ 2017,'' dated May 9, 2018. \7\ See, e.g., Wooden Bedroom Furniture from the People's Republic of China: Final Results and Final Rescission, In Part, of Administrative Review and Final Results of New Shipper Review; 2013, 80 FR 34619 (June 17, 2015). --------------------------------------------------------------------------- Separate Rates Commerce preliminarily determines that seven respondents are eligible to receive separate rates in these reviews.\8\ --------------------------------------------------------------------------- \8\ See Preliminary Decision Memorandum at 8-10, for more details. --------------------------------------------------------------------------- Separate Rate for Eligible Non-Selected Respondents Commerce preliminarily determines that the respondents not selected for individual examination, Weishan Hongda Aquatic Food Co., Ltd. (Weishan Hongda), Xiping Opeck Food Co., Ltd. (Xiping Opeck), Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang), and Yancheng Hi-King Agriculture Developing Co., Ltd. (Yancheng Hi-King) are eligible to receive a separate rate in the administrative review.\9\ Consistent with our practice, we assigned to Weishan Hongda, Xiping Opeck, Xuzhou Jinjiang and Yancheng Hi-King the weighted-average margin calculated for Hubei Nature as the separate rate for the preliminary results of this review.\10\ --------------------------------------------------------------------------- \9\ Id. at 10-11 for more details. \10\ Id. --------------------------------------------------------------------------- China-Wide Entity Commerce's policy regarding conditional review of the China-wide entity applies to this administrative review.\11\ Under this policy, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the entity's rate is not subject to change (i.e., 223.01 percent).\12\ --------------------------------------------------------------------------- \11\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). \12\ 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). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, we verified the information provided by Hubei Nature in the administrative review and Kunshan Xinrui in the new shipper review of freshwater crawfish tail meat from China using standard verification procedures, including on- site inspection of the producer's and exporter's facilities and examination of relevant sales and financial records. Our verification results are outlined in the verification reports for Hubei Nature and Kunshan Xinrui dated concurrently with this notice. Methodology Commerce is conducting these reviews in accordance with section 751(a)(1)(B), and 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. Export price is calculated in accordance with section 772(c) of the Act. Because China is a non-market economy within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in Commerce's Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of Administrative Review Commerce preliminarily determines that the following weighted- average dumping margins exist for the administrative review covering the period September 1, 2016, through August 31, 2017: ------------------------------------------------------------------------ Weighted- average Exporter margin (percent) ------------------------------------------------------------------------ Hubei Nature Agriculture Industry Co., Ltd.................. 0.00 Weishan Hongda Aquatic Food Co., Ltd........................ 0.00 Xiping Opeck Food Co., Ltd.................................. 0.00 Xuzhou Jinjiang Foodstuffs Co., Ltd......................... 0.00 Yancheng Hi-King Agriculture Developing Co., Ltd............ 0.00 ------------------------------------------------------------------------ Preliminary Results of New Shipper Reviews As a result of the new shipper reviews, Commerce preliminarily determines that the following dumping margins exist covering the period September 1, 2016, through August 31, 2017: \13\ --------------------------------------------------------------------------- \13\ Commerce reached these conclusions based on the totality of the circumstances surrounding the reported sale for each company. See Preliminary Decision Memorandum, Bona Fides Analysis section at 4-5. ------------------------------------------------------------------------ Weighted- average Exporter Producer margin (percent) ------------------------------------------------------------------------ Anhui Luan Hongyuan Foodstuffs Co., Anhui Luan Hongyuan 0.00 Ltd. Foodstuffs Co., Ltd. Kunshan Xinrui Trading Co., Ltd..... Leping Yongle Food 0.00 Co., Ltd. ------------------------------------------------------------------------ Disclosure We intend to disclose calculations performed in these preliminary results to parties within five days after public announcement of the preliminary results.\14\ --------------------------------------------------------------------------- \14\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Public Comment Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit case briefs no later than 30 days after the date of [[Page 52203]] publication of this notice.\15\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.\16\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\17\ --------------------------------------------------------------------------- \15\ See 19 CFR 351.309(c). \16\ See 19 CFR 351.309(d). \17\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.\18\ Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \18\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Unless the deadline is extended, Commerce intends to issue the final results of these reviews, including the results of its analysis of issues raised by parties in their comments, within 120 days after the publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rates Upon issuing the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by these reviews.\19\ If a respondent's weighted-average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of these reviews, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales and, where possible, the total entered value of sales. Specifically, Commerce will apply the assessment rate calculation method adopted in Final Modification for Reviews.\20\ Where an importer- (or customer-) specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\21\ --------------------------------------------------------------------------- \19\ See 19 CFR 351.212(b)(1). \20\ See Antidumping Proceeding: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews). \21\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- For entries that were not reported in the U.S. sales databases submitted by exporters individually examined during this review, Commerce will instruct CBP to liquidate such entries at the China-wide rate. If Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the China-wide rate.\22\ --------------------------------------------------------------------------- \22\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011). --------------------------------------------------------------------------- For the companies for which the review is rescinded, Commerce will instruct CBP to assess antidumping duties at the rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). We intend to issue assessment instructions to CBP 15 days after the date of publication of the final results of these reviews. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of these reviews for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the subject merchandise exported by the companies listed above that have separate rates, the cash deposit rate will be zero (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during these PORs. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Commerce is issuing and publishing the preliminary results of these reviews in accordance with sections 751(a)(1), 751(a)(2)(B)(iv), 751(a)(3), 777(i) of the Act, and 19 CFR 351.213, 351.214 and 351.221(b)(4). Dated: October 2, 2018. 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 Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Rescission of Administrative Review in Part V. Bona Fides Analysis VI. Verification VII. Discussion of the Methodology A. Non-Market-Economy Country Status B. Surrogate Country C. Separate Rates 1. Absence of De Jure Control 2. Absence of De Facto Control 3. Separate Rate for Eligible Non-Selected Respondent D. Fair Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis E. U.S. Price F. Date of Sale G. Normal Value H. Surrogate Values VIII. Currency Conversion IX. Recommendation [FR Doc. 2018-22455 Filed 10-15-18; 8:45 am] BILLING CODE 3510-DS-P
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extractor (commonly known as a ‘‘D DEPARTMENT OF COMMERCE under subheadings 1605.40.10.10,
Coupler’’ or ‘‘Sankey’’) (refillable stainless 1605.40.10.90, 0306.19.00.10, and
steel kegs) with a nominal liquid volume International Trade Administration 0306.29.00.00. On February 10, 2012,
capacity of 10 liters or more, regardless of the Commerce added HTSUS classification
[A–570–848]
type of finish, gauge, thickness, or grade of number 0306.29.01.00 to the scope
stainless steel, and whether or not covered by Freshwater Crawfish Tail Meat From description pursuant to a request by
or encased in other materials. Refillable the People’s Republic of China: U.S. Customs and Border Protection
stainless steel kegs may be imported Preliminary Results of Antidumping (CBP). On September 21, 2018,
assembled or unassembled, with or without Duty Administrative Review and New
all components (including spears, couplers or Commerce added HTSUS classification
Shipper Reviews, and Rescission of numbers 0306.39.0000 and
taps, necks, collars, and valves), and be filled
Review in Part; 2016–2017 0306.99.0000 to the scope description
or unfilled.
‘‘Unassembled’’ or ‘‘unfinished’’ refillable AGENCY: Enforcement and Compliance, pursuant to a request by CBP. While the
stainless steel kegs include drawn stainless International Trade Administration, HTSUS numbers are provided for
steel cylinders that have been welded to form Department of Commerce. convenience and customs purposes, the
the body of the keg and welded to an upper SUMMARY: The Department of Commerce written description is dispositive. A full
(top) chime and/or lower (bottom) chime. (Commerce) preliminarily determines description of the scope of the order is
Unassembled refillable stainless steel kegs that companies covered by the contained in the Preliminary Decision
may or may not be welded to a neck, may administrative review and new shipper Memorandum.1
or may not have a valve assembly attached, reviews did not make sales of subject
and may be otherwise complete except for Rescission of Administrative Review in
merchandise at prices below normal Part
testing, certification, and/or marking.
value. We invite interested parties to
Subject merchandise also includes
comment on these preliminary results. Pursuant to 19 CFR 351.213(d)(1),
refillable stainless steel kegs that have been
further processed in a third country, DATES: Applicable October 16, 2018. Commerce will rescind an
including but not limited to, attachment of FOR FURTHER INFORMATION CONTACT: administrative review, in whole or in
necks, collars, spears or valves, heat Bryan Hansen at (202) 482–3683 (Hubei part, if the parties that requested a
treatment, pickling, passivation, painting, Nature), Joshua Poole (202) 482–1293 review withdraw the request within 90
testing, certification or any other processing (Anhui Luan), or Hermes Pinilla (202) days of the date of publication of the
that would not otherwise remove the 482–3477 (Kunshan Xinrui), AD/CVD notice of initiation.
merchandise from the scope of the Operations, Office I, Enforcement and The petitioners, the Crawfish
investigations if performed in the country of Compliance, International Trade Processors Alliance, withdrew their
manufacture of the in-scope refillable Administration, U.S. Department of review request for six of the 12
stainless steel keg. Commerce, 1401 Constitution Avenue companies for which a review was
Specifically excluded are the following: NW, Washington, DC 20230.
requested.2 This withdrawal of review
(1) Vessels or containers that are not SUPPLEMENTARY INFORMATION:
approximately cylindrical in nature (e.g., requests was submitted on February 12,
box, ‘‘hopper’’ or ‘‘cone’’ shaped vessels); Background 2018, within the deadline set forth
(2) stainless steel kegs, vessels, or under 19 CFR 351.213(d)(1). Two of
Commerce is conducting an
containers that have either a ‘‘ball lock’’ administrative review and new shipper these companies also requested a review
valve system or a ‘‘pin lock’’ valve system reviews of the antidumping duty order of their sales of subject merchandise. No
(commonly known as ‘‘Cornelius,’’ ‘‘corny’’ on freshwater crawfish tail meat from other parties requested a review of the
or ‘‘ball lock’’ kegs); the People’s Republic of China (China). remaining four companies. Accordingly,
(3) necks, spears, couplers or taps, collars, The period of review (POR) for the Commerce is rescinding this review, in
and valves that are not imported with the administrative review and the aligned part, with respect to Deyan Aquatic
subject merchandise; and new shipper reviews is September 1, Products and Food Co., Ltd., Hubei
(4) stainless steel kegs that are filled with 2016, through August 31, 2017. The Yuesheng Aquatic Products Co., Ltd.,
beer, wine, or other liquid and that are administrative review covers one Jingzhou Tianhe Aquatic Products Co.,
designated by the Commissioner of Customs mandatory respondent, Hubei Nature Ltd., and Shanghai Ocean Flavor
as Instruments of International Traffic within Agriculture Industry Co., Ltd. (Hubei
the meaning of section 332(a) of the Tariff
Nature). The new shipper reviews cover 1 See Memorandum, ‘‘Freshwater Crawfish Tail
Act of 1930, as amended. Meat from the People’s Republic of China: Decision
Anhui Luan Hongyuan Foodstuffs Co.,
The merchandise covered by these Memorandum for the Preliminary Results of the
Ltd. (Anhui Luan) and Kunshan Xinrui
investigations are currently classified in the Antidumping Duty Administrative Review and New
Trading Co., Ltd. (Kunshan Xinrui). Shipper Reviews; 2016–2017,’’ dated concurrently
Harmonized Tariff Schedule of the United
Commerce preliminarily determines with, and hereby adopted by, this notice
States (HTSUS) under subheadings
that sales of subject merchandise by (Preliminary Decision Memorandum).
7310.10.0010, 7310.00.0050, 7310.29.0025, 2 We initiated an administrative review on the
and 7310.29.0050.
Hubei Nature have not been made at
following companies: China Kingdom (Beijing)
These HTSUS subheadings are provided
prices below normal value. Commerce Import & Export Co., Ltd., Deyan Aquatic Products
for convenience and customs purposes; the
also preliminarily determines that sales and Food Co., Ltd., Hubei Nature Agriculture
written description of the scope of these of subject merchandise by Anhui Luan Industry Co., Ltd., Hubei Qianjiang Huashan
investigations is dispositive. and Kunshan Xinrui have not been Aquatic Food and Product Co., Ltd., Hubei
made at prices below normal value. Yuesheng Aquatic Products Co., Ltd., Jingzhou
amozie on DSK3GDR082PROD with NOTICES1
[FR Doc. 2018–22482 Filed 10–15–18; 8:45 am] Tianhe Aquatic Products Co., Ltd., Nanjing Gemsen
Scope of the Order International Co., Ltd., Shanghai Ocean Flavor
BILLING CODE 3510–DS–P
International Trading Co., Ltd., Weishan Hongda
The merchandise subject to the Aquatic Food Co., Ltd., Xiping Opeck Food Co.,
antidumping duty order is freshwater Ltd., Xuzhou Jinjiang Foodstuffs Co., Ltd.,
Yancheng Hi-King Agriculture Developing Co., Ltd.
crawfish tail meat, which is currently See Initiation of Antidumping and Countervailing
classified in the Harmonized Tariff Duty Administrative Reviews, 82 FR 52268
Schedule of the United States (HTSUS) (November 13, 2017).
VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\16OCN1.SGM 16OCN1](https://thefederalregister.org/doc/83_FR_52401/page/1.svg)
![Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices 52203
publication of this notice.15 Rebuttal valorem rate is zero or de minimis, we responsibility under 19 CFR
briefs, limited to issues raised in the will instruct CBP to liquidate 351.402(f)(2) to file a certificate
case briefs, may be filed no later than appropriate entries without regard to regarding the reimbursement of
five days after the date for filing case antidumping duties.21 antidumping duties prior to liquidation
briefs.16 Parties who submit case briefs For entries that were not reported in of the relevant entries during these
or rebuttal briefs in this proceeding are the U.S. sales databases submitted by PORs. Failure to comply with this
encouraged to submit with each exporters individually examined during requirement could result in Commerce’s
argument: (1) A statement of the issue; this review, Commerce will instruct presumption that reimbursement of
(2) a brief summary of the argument; CBP to liquidate such entries at the antidumping duties occurred and the
and (3) a table of authorities.17 China-wide rate. If Commerce subsequent assessment of double
Interested parties who wish to request determines that an exporter under antidumping duties.
a hearing must submit a written request review had no shipments of the subject
to the Assistant Secretary for merchandise, any suspended entries Notification Regarding Administrative
Enforcement and Compliance, U.S. that entered under that exporter’s case Protective Orders
Department of Commerce, filed number (i.e., at that exporter’s rate) will This notice also serves as a reminder
electronically using ACCESS. An be liquidated at the China-wide rate.22 to parties subject to administrative
electronically filed document must be For the companies for which the protective order (APO) of their
received successfully in its entirety by review is rescinded, Commerce will responsibility concerning the
ACCESS by 5:00 p.m. Eastern Time instruct CBP to assess antidumping disposition of proprietary information
within 30 days after the date of duties at the rate equal to the cash disclosed under APO in accordance
publication of this notice.18 Hearing deposit of estimated antidumping duties with 19 CFR 351.305(a)(3). Timely
requests should contain: (1) The party’s required at the time of entry, or written notification of the return or
name, address, and telephone number; withdrawal from warehouse, for destruction of APO materials or
(2) the number of participants; and (3) consumption, in accordance with 19 conversion to judicial protective order is
a list of issues to be discussed. Issues CFR 351.212(c)(1)(i). We intend to issue hereby requested. Failure to comply
raised in the hearing will be limited to assessment instructions to CBP 15 days with the regulations and the terms of an
those raised in the respective case after the date of publication of the final APO is a sanctionable violation.
briefs. results of these reviews. Commerce is issuing and publishing the
Unless the deadline is extended, preliminary results of these reviews in
Cash Deposit Requirements
Commerce intends to issue the final accordance with sections 751(a)(1),
results of these reviews, including the The following cash deposit 751(a)(2)(B)(iv), 751(a)(3), 777(i) of the
results of its analysis of issues raised by requirements will be effective upon Act, and 19 CFR 351.213, 351.214 and
parties in their comments, within 120 publication of the final results of these 351.221(b)(4).
days after the publication of these reviews for shipments of the subject
merchandise from China entered, or Dated: October 2, 2018.
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR withdrawn from warehouse, for Gary Taverman,
351.213(h). consumption on or after the publication Deputy Assistant Secretary for Antidumping
date, as provided by section 751(a)(2)(C) and Countervailing Duty Operations,
Assessment Rates of the Act: (1) For the subject performing the non-exclusive functions and
Upon issuing the final results, merchandise exported by the companies duties of the Assistant Secretary for
Enforcement and Compliance.
Commerce will determine, and U.S. listed above that have separate rates, the
Customs and Border Protection (CBP) cash deposit rate will be zero (2) for Appendix
shall assess, antidumping duties on all previously investigated or reviewed List of Topics Discussed in the Preliminary
appropriate entries covered by these Chinese and non-Chinese exporters not Decision Memorandum
reviews.19 If a respondent’s weighted- listed above that received a separate rate
I. Summary
average dumping margin is above de in a prior segment of this proceeding, II. Background
minimis (i.e., 0.50 percent) in the final the cash deposit rate will continue to be III. Scope of the Order
results of these reviews, we will the existing exporter-specific rate; (3) for IV. Rescission of Administrative Review in
calculate an importer-specific all Chinese exporters of subject Part
assessment rate on the basis of the ratio merchandise that have not been found V. Bona Fides Analysis
of the total amount of dumping to be entitled to a separate rate, the cash VI. Verification
calculated for each importer’s examined deposit rate will be that for the China- VII. Discussion of the Methodology
sales and, where possible, the total wide entity; and (4) for all non-Chinese A. Non-Market-Economy Country Status
B. Surrogate Country
entered value of sales. Specifically, exporters of subject merchandise which C. Separate Rates
Commerce will apply the assessment have not received their own rate, the 1. Absence of De Jure Control
rate calculation method adopted in cash deposit rate will be the rate 2. Absence of De Facto Control
Final Modification for Reviews.20 Where applicable to the Chinese exporter that 3. Separate Rate for Eligible Non-Selected
an importer- (or customer-) specific ad supplied that non-Chinese exporter. Respondent
These deposit requirements, when D. Fair Value Comparisons
15 See 19 CFR 351.309(c). imposed, shall remain in effect until 1. Determination of Comparison Method
16 See 19 CFR 351.309(d). further notice. 2. Results of the Differential Pricing
17 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR Analysis
amozie on DSK3GDR082PROD with NOTICES1
351.303 (for general filing requirements). Notification to Importers E. U.S. Price
18 See 19 CFR 351.310(c). F. Date of Sale
19 See 19 CFR 351.212(b)(1).
This notice serves as a preliminary G. Normal Value
20 See Antidumping Proceeding: Calculation of reminder to importers of their H. Surrogate Values
the Weighted-Average Dumping Margin and VIII. Currency Conversion
21 See19 CFR 351.106(c)(2).
Assessment Rate in Certain Antidumping Duty IX. Recommendation
Proceedings; Final Modification, 77 FR 8103 22 SeeNon-Market Economy Antidumping
(February 14, 2012) (Final Modification for Proceedings: Assessment of Antidumping Duties, 76 [FR Doc. 2018–22455 Filed 10–15–18; 8:45 am]
Reviews). FR 65694, 65695 (October 24, 2011). BILLING CODE 3510–DS–P
VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4703 Sfmt 9990 E:\FR\FM\16OCN1.SGM 16OCN1](https://thefederalregister.org/doc/83_FR_52401/page/3.svg)
Document Created: 2018-10-15 23:42:07
Document Modified: 2018-10-15 23:42:07
| 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 16, 2018. | |
| Contact | Bryan Hansen at (202) 482-3683 (Hubei Nature), Joshua Poole (202) 482-1293 (Anhui Luan), or Hermes Pinilla (202) 482-3477 (Kunshan Xinrui), AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 52201 |
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