[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Notices]
[Pages 37205-37206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14769]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Rescission of Antidumping Duty New Shipper Review

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

SUMMARY: On April 26, 2013, the Department of Commerce (the Department) 
initiated the antidumping duty new shipper review of freshwater 
crawfish tail meat from the People's Republic of China (PRC) with 
respect to Hubei Nature Agriculture Industry Co., Ltd. (Hubei Nature). 
The period of

[[Page 37206]]

review (POR) of September 1, 2012, through February 28, 2013. For the 
reasons stated below, we are rescinding the review of Hubei Nature.

DATES: Effective Date: June 20, 2013.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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-
0665 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 26, 2013, the Department initiated an antidumping duty new 
shipper review of freshwater crawfish tail meat from the PRC, for the 
period September 1, 2012, through February 28, 2013, with respect to 
Hubei Nature.\1\ On May 9, 2013, the Department issued a letter to 
Hubei Nature requesting documentation establishing the date of entry 
applicable to the U.S. sale and shipment of freshwater crawfish tail 
meat which formed the basis for the initiation of this new shipper 
review. On May 14, 2013, Hubei Nature provided the requested 
information.
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    \1\ See Freshwater Crawfish Tail Meat from the People's Republic 
of China: Initiation of Antidumping Duty New Shipper Review, 78 FR 
24723 (April 26, 2013).
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Rescission of Review

    Under 19 CFR 351.214(f)(2) of the Department's regulations, when 
the sale of the subject merchandise occurs within the POR, but the 
entry occurs after the POR, the Department may expand the POR unless 
the expansion would likely prevent the completion of the review within 
the time limits set by the Department's regulations. While the 
regulations do not provide a definitive date by which the entry must 
occur, the preamble to the Department's regulations and 19 CFR 
351.214(f)(2)(i) state that both the entry and the sale should occur 
during the POR, with the language in the preamble clarifying further 
that only under ``appropriate'' circumstances should the POR be 
extended when the entry is made after the POR.\2\
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    \2\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27319 (May 19, 1997) (``Final Rule'').
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    While the Department did not adopt in the regulations a precise 
cut-off point for expanding the POR to cover post-POR entries, 19 CFR 
351.214(f)(2) and the preamble to the Department's regulations leave 
the Department the discretion to determine whether to expand the POR, 
and, if so, the length of such expansion.\3\ In the majority of prior 
cases, the Department extended the POR no more than approximately 30 
days in order to capture entries of POR sales.\4\ The entry in this 
case was made long after the end of the POR.\5\
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    \3\ See Final Rule, 62 FR at 27319-20 (``The Department does not 
disagree with the notion that the Secretary should have the 
discretion to expand the review period in appropriate cases.'').
    \4\ See, e.g., Chlorinated Isocyanurates From the People's 
Republic of China: Initiation of New Shipper Review, 76 FR 6399 
(February 4, 2011) (extending the POR by 31 days where the first 
shipment entered one day after the end of the POR); Fresh Garlic 
From the People's Republic of China: Initiation of New Shipper 
Reviews, 75 FR 38986 (July 7, 2010) (extending the POR by one month 
for a shipment that entered less than one month after the end of the 
POR); Uncovered Innerspring Units From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review, 75 FR 
62107 (October 7, 2010) (extending the POR by four days); Certain 
Forged Stainless Steel Flanges From India: Rescission of New Shipper 
Review, 66 FR 58433 (November 21, 2001) (rescinding a new shipper 
review where the entry was made more than three months after the end 
of the POR); Petroleum Wax Candles from the People's Republic of 
China: Notice of Preliminary Results of Antidumping Duty New Shipper 
Review of Shandong Huihe, Ltd., 69 FR 46512 (August 3, 2004) 
(extending the POR by less than one month ``[b]ecause we determine 
that this short expansion of the period will not likely prevent the 
completion of the review within the prescribed time limits, we have 
expanded the annual review period'').
    \5\ Due to the business proprietary nature of information 
regarding the entry date in question, we are withholding this 
information. See Hubei Nature's letter, dated March 14, 2013.
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    In this case, pursuant to 19 CFR 351.214(f)(2), we find that an 
expansion of the normal POR to include an entry and sale to an 
unaffiliated customer in the United States of subject merchandise would 
likely prevent the completion of the review of Hubei Nature within the 
time limits set by the Department's regulations. The Department would 
be required to gather additional information for the expanded period, 
analyze the information obtained, and, if necessary, verify the 
additional information. For example, the Department would be required 
to seek all necessary information from Hubei Nature and its importer(s) 
in connection with the sales and sales-related expenses, as well as 
obtain the factors of production data, applicable to a number of months 
outside the POR.\6\ Accordingly, we are rescinding the new shipper 
review with respect to Hubei Nature for the period September 1, 2012, 
through February 28, 2013.
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    \6\ The Department issued the antidumping duty new shipper 
questionnaire to Hubei Nature on May 1, 2013.
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    The deadline for requesting a new shipper review covering Hubei's 
entry has not passed. See 19 CFR 351.214(c). The Department will 
consider a timely and adequate request for new shipper review from 
Hubei Nature made during the six-month period ending with the end of 
the annual anniversary month of this order, pursuant to 19 CFR 
351.214(d) of the Department's regulations. Therefore, if Hubei Nature 
continues to meet the criteria for requesting a new shipper review, the 
Department will consider initiating a new shipper review with the POR 
that includes the sale which is the subject of this review.
    This notice 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 terms of an APO is a sanctionable 
violation.
    This determination is issued in accordance with 19 CFR 
351.213(d)(4) and section 777(i)(1) of the Act.

    Dated: June 14, 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-14769 Filed 6-19-13; 8:45 am]
BILLING CODE 3510-DS-P