[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22228-22230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08791]


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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 
Partial Rescission; 2010-2011

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

SUMMARY: On October 9, 2012, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (the PRC). The period of review 
(POR) is September 1, 2010, through August 31, 2011. For the final 
results, we continue to find that certain companies covered by this 
review made sales of subject merchandise at less than normal value.

DATES: Effective Date: April 15, 2013.

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 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 9, 2012, the Department published the preliminary 
results of the administrative review of the antidumping duty order on 
freshwater crawfish tail meat from the PRC.\1\ On January 14, 2013, we 
issued a memorandum extending the time limit for the final results of 
the review to April 9, 2013.\2\ On February 25, 2013, we issued a post-
preliminary memorandum finding that Xiping Opeck Food Co., Ltd.'s 
(Xiping Opeck) U.S. customer's customer is a price discriminator, i.e., 
is in a position to set the price of the product, for most of Xiping 
Opeck's entries subject to this review.\3\
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    \1\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Antidumping Duty Administrative Review; 2010-2011, 77 FR 
61383 (October 9, 2012) (Preliminary Results) and the accompanying 
Memorandum to Paul Piquado, Assistant Secretary for Import 
Administration, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, entitled ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Freshwater Crawfish Tail Meat from the 
People's Republic of China,'' dated October 9, 2012 (Preliminary 
Decision Memorandum).
    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Freshwater Crawfish Tail Meat from the People's Republic 
of China: Extension of Time Limit for Final Results of Antidumping 
Duty Administrative Review,'' dated January 14, 2013.
    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, entitled, ``Freshwater Crawfish Tail Meat 
from the People's Republic of China--Post-Preliminary Analysis 
Memorandum'' dated February 25, 2013 (Post-Preliminary Analysis 
Memo).
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    We received case and rebuttal briefs with respect to the 
Preliminary Results and the Post-Preliminary Analysis Memo, and at the 
Crawfish Processors Alliance's request, we held a hearing on March 14, 
2013.
    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The product covered by the antidumping duty order is freshwater 
crawfish tail meat. The freshwater crawfish tail meat subject to the 
order is currently classifiable under subheadings 1605.40.10.10, 
1605.40.10.90, 0306.19.00.10, and 0306.29.00.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are 
provided for convenience and customs purposes only. A full description 
of the scope of the order is contained in the Issues and Decision 
Memorandum,\4\ which is hereby adopted by this notice. The written 
description of the scope of the order is dispositive.
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    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review of Freshwater Crawfish Tail 
Meat from the People's Republic of China'' dated concurrently with 
this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the Issues and Decision

[[Page 22229]]

Memorandum. A list of the issues raised is attached to this notice as 
an appendix. The Issues and Decision Memorandum is a public document 
and is on file electronically via Import Administration's Antidumping 
and Countervailing Duty Centralized Electronic Service System (IA 
ACCESS). Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Import Administration Web site at http://ia.ita.doc.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Rescission of Administrative Review in Part

    We preliminarily found that Shanghai Ocean Flavor International 
Trading Co., Ltd. (Shanghai Ocean Flavor), and Xuzhou Jinjiang 
Foodstuffs Co., Ltd. (Xuzhou Jinjiang) did not have exports of subject 
merchandise during the POR and, on this basis, we stated our intent to 
rescind the review in part.\5\ We continue to find that Shanghai Ocean 
Flavor and Xuzhou Jinjiang had no shipments of freshwater crawfish tail 
meat from the PRC during the POR. In accordance with 19 CFR 
351.213(d)(3), we are rescinding the review of Shanghai Ocean Flavor, 
and Xuzhou Jinjiang.
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    \5\ See Preliminary Decision Memorandum, at 2-3.
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Nature of Transactions Pertaining to the Entries Under Review With 
Respect to Xiping Opeck

    In our Post-Preliminary Analysis Memo we preliminarily found that 
another entity (hereinafter, Company A) \6\ plays a role in the pricing 
associated with most of Xiping Opeck's entries of subject merchandise 
in this review. For a detailed discussion on this issue and of our 
calculation of the antidumping margin on the sales made by Company A, 
see the Post-Preliminary Analysis Memo. For these final results, we 
continue to find that Company A plays a role in the pricing associated 
with most of Xiping Opeck's entries of subject merchandise in this 
review.
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    \6\ We are withholding the identity of Company A because Xiping 
Opeck's U.S. customer claimed business-proprietary treatment of this 
information. See Post-Preliminary Analysis Memo at 1.
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Separate Rate for a Non-Selected Company

    Nanjing Gemsen International Co., Ltd. (Nanjing) is the only 
exporter of crawfish tail meat from the PRC that demonstrated its 
eligibility for a separate rate which was not selected for individual 
examination in this review. The calculated rates of the respondents 
selected for individual examination have changed since the Preliminary 
Results and are now all zero. Accordingly, we have concluded that in 
this case a reasonable method for determining the rate for the non-
selected company, Nanjing, is to apply its most recent individually 
calculated rate of 12.37 percent to Nanjing, its calculated rate in a 
previous administrative review.\7\ For a detailed discussion, see 
Issues and Decision Memorandum.
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    \7\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Final Results of Antidumping Duty Administrative and New-
Shipper Reviews, 75 FR 79337 (December 20, 2010).
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Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made revisions 
that have changed the results for certain companies. Additionally, we 
have made calculation programming changes for the final results. For 
further details on the changes we made for these final results, see the 
company-specific analysis memoranda, the Post-Preliminary Analysis 
Memo, and the Issues and Decision Memorandum, which are hereby adopted 
by this notice.

Final Results of the Review

    As a result of the administrative review, we determine that the 
following percentage weighted-average dumping margins exist for the 
period September 1, 2010, through August 31, 2011:

------------------------------------------------------------------------
                                                                Margin
                           Company                             (percent)
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Xiping Opeck Food Co., Ltd..................................        0.00
China Kingdom (Beijing) Import & Export Co. Ltd.............        0.00
Yangcheng Hi-King Agriculture Developing Co. Ltd.\8\........        0.00
Nanjing Gemsen International Co., Ltd.......................       12.37
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Assessment

    The Department will determine, and U.S Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. We intend to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review.
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    \8\ For these final results, we continue to find that Yangcheng 
Hi-King Agriculture Developing Co. Ltd (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., are a single entity for the 
purpose of calculating an antidumping duty margin. See Issues and 
Decision memorandum.
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    For Xiping Opeck, China Kingdom (Beijing) Import & Export Co. Ltd., 
and Hi-King Agriculture we will instruct CBP to liquidate all entries 
during the POR without regard to antidumping duties because their 
weighted-average dumping margins in these final results are zero or de 
minimis.\9\ For Nanjing, the only non-selected respondent that received 
a separate rate, we will instruct CBP to apply an antidumping duty 
assessment rate equal to the weighted-average dumping margin in these 
final results of 12.37 percent to all entries of subject merchandise 
that entered the United States during the POR.
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    \9\ 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).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date as provided by section 
751(a)(2)(C) of the Act: (1) For subject merchandise exported by the 
companies listed above that have separate rates, the cash deposit rate 
will be the rate established in this final results of 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; (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 shall remain in effect until 
further notice.

Notifications

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a

[[Page 22230]]

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 notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

1. Use of U.S. Prices to Value Whole Crawfish
2. Use of Post-POR Spanish Prices to Value Whole Crawfish
3. Use of Updated Financial Information to Value Factory Overhead, 
Selling, General & Administrative (SG&A) Expenses, and Profit

[FR Doc. 2013-08791 Filed 4-12-13; 8:45 am]
BILLING CODE 3510-DS-P