[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61383-61385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24843]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Antidumping Duty Administrative Review; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (PRC). The 
period of review (POR) is September 1, 2010, through August 31, 2011. 
The review covers the following producers/exporters of the subject 
merchandise, Xiping Opeck Food Co., Ltd. (Xiping Opeck), Yancheng Hi-
King Agriculture Developing Co., Ltd., (Hi-King Agriculture) and China 
Kingdom (Beijing) Import & Export Co., Ltd (China Kingdom). We have 
preliminarily determined that Hi-King Agriculture sold subject 
merchandise at less than normal value during the period of review and 
that Xining Opeck and China Kingdom have made sales in the United 
States at prices not below normal value.

DATES: Effective Date: October 9, 2012.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3477, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is freshwater crawfish tail 
meat. The product is currently classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under item numbers 1605.40.10.10 
and 1605.40.10.90. Although the HTSUS subheadings are provided for 
convenience and customs purposes only, the written product description, 
available in Freshwater Crawfish Tail Meat from the People's Republic 
of China: Notice of Final Results of Antidumping Duty Administrative 
Review, 71 FR 7013 (February 10, 2006), remains dispositive.

Nature of Transactions Pertaining to the Entries Under Review With 
Respect to Xiping Opeck

    Although we have calculated a margin for Xiping Opeck for purposes 
of the preliminary results, we require additional information in order 
to accurately assess the nature of the transactions pertaining to 
entries under review with respect to Xiping Opeck. For further details 
on our analysis, please see the memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul

[[Page 61384]]

Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty Administrative 
Review: Freshwater Crawfish Tail Meat from the People's Republic of 
China'' (dated concurrently with this notice) (Preliminary Decision 
Memorandum), and hereby adopted by this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit (CRU), Room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Treatment of Affiliated Parties as a Single Entity

    We preliminarily determine that Hi-King Agriculture and its 
affiliates, Yancheng Seastar Seafood Co., Ltd., Wuhan Hi-King 
Agriculture Development Co., Ltd., Yancheng Hi-King Frozen Food Co., 
Ltd., Jiangxi Hi-King Poyang Lake Seafood Co., Ltd., and Yancheng Hi-
King Aquatic Growing Co., Ltd., should be treated as a single entity 
for the purpose of calculating an antidumping duty margin. See 
memorandum entitled ``Freshwater Crawfish Tail Meat from the People's 
Republic of China--Collapsing of Yancheng Hi-King Agriculture 
Developing Co., Ltd., and its Affiliates'' dated concurrently with this 
notice.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price 
is calculated in accordance with section 772(c) of the Act. Because the 
PRC is a nonmarket 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. Specifically the respondents' factors of production have 
been valued in Indonesian prices (when available), which is 
economically comparable to the PRC and a significant producer of 
comparable merchandise. For a full description of these ``surrogate'' 
values and the methodology underlying our conclusions, please see 
memorandum entitled ``Freshwater Crawfish Tail Meat from the People's 
Republic of China: Surrogate-Value Memorandum'' dated concurrently with 
this notice and the Preliminary Decision Memorandum.

Preliminary Results of Review

    The Department has determined that the following preliminary 
dumping margins exist for the period September 1, 2010, through August 
31, 2011:

------------------------------------------------------------------------
                                                                 Margin
                           Company                             (percent)
------------------------------------------------------------------------
Xiping Opeck Food Co., Ltd...................................       0.00
Yancheng Hi-King Agriculture Developing Co., Ltd.............      22.02
China Kingdom (Beijing) Import & Export Co., Ltd.............       0.00
Nanjing Gemsen International Co., Ltd.\1\....................      22.02
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\2\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to the issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \1\ Nanjing Gemsen International Co., Ltd was not selected for 
individual examination.
    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)(1)(ii).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, filed 
electronically using Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
An electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, IA ACCESS, by 5 
p.m. Eastern Standard Time within 30 days after the date of publication 
of this notice.\4\ Requests should contain the party's name, address, 
and telephone number, the number of participants, and a list of issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\5\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of this administrative review, including the results of its 
analysis of issues raised by parties in their comments, within 120 days 
after the issuance of these preliminary results.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of these preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department notes that 19 CFR 351.301(c)(1), permits new 
information only insofar as it rebuts, clarifies, or corrects 
information recently placed on the record.\6\ Furthermore, the 
Department generally will not accept business proprietary information 
in either the surrogate value submissions or the rebuttals thereto, as 
the regulation regarding the submission of surrogate values allows only 
for the submission of publicly available information.
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    \6\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
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Assessment Rates

    Upon issuing the final results, the Department shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of review. For any individually examined respondent 
whose weighted average

[[Page 61385]]

dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department will calculate importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). In 
these preliminary results, the Department applied the assessment rate 
calculation method adopted in Final Modification for Reviews, i.e., on 
the basis of monthly average-to-average comparisons using only the 
transactions associated with that importer with offsets being provided 
for non-dumped comparisons.
    Where the Department calculates a weighted-average dumping margin 
by dividing the total amount of dumping for reviewed sales to that 
party by the total sales quantity associated with those transactions, 
the Department will direct CBP to assess importer-specific assessment 
amounts based on the resulting per-unit amounts. Where an importer- (or 
customer-) specific ad valorem or per-unit amount is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\7\ Where an importer- (or customer-) 
specific ad valorem or per-unit amount is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\8\ For the companies for which this 
review has been preliminarily rescinded, the Department intends to 
assess antidumping duties at rates 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)(2), if the review is rescinded for these companies.
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    \7\ See 19 CFR 351.212(b)(1).
    \8\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rates for Xiping Opeck, 
Hi-King Agriculture, China Kingdom, and Nanjing Gemsen International 
Co., Ltd. will be the rates established in the final results of this 
administrative review (except, if the rate is zero or de minimis, i.e., 
less than 0.5 percent, no cash deposit will be required for that 
company) ; (2) for Shanghai Ocean and Xuzhou Jinjiang which claimed no 
shipments and have separate rates, the cash deposit rate will remain 
unchanged from the rate assigned to these companies in the most 
recently completed review of the companies; (3) for previously 
investigated or reviewed PRC and non-PRC exporters who are not under 
review in this segment of the proceeding but who have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (4) 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 PRC-wide rate of 223.01 
percent; (5) for all non-PRC exporters of subject merchandise the cash 
deposit rate will be the rate applicable to the PRC entity that 
supplied that exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also 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 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.
    This review and notice are in accordance with sections 751(a)(1), 
751(a)(2)(B)(iv), 751(a)(3), and 777(i) of the Act.

    Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of Merchandise
3. Intent To Rescind Review in Part
4. Evaluation of the Nature of Transactions Pertaining to the 
Entries Under Review With Respect to Xiping Opeck
5. Treatment of Affiliated Parties as a Single Entity
6. Non-Market-Economy Country Status
7. Surrogate Country
8. Separate Rates
9. Separate Rate for Non-Selected Company
10. PRC-Wide Entity Rate
11. Absence of De Jure Control
12. Absence of De Facto Control
13. U.S. Price
14. Normal Value
15. Surrogate Values
16. Currency Conversion

[FR Doc. 2012-24843 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P