[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61331-61333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24268]


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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 Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review and new shipper review of the antidumping duty 
order on freshwater crawfish tail meat from the People's Republic of 
China (PRC). The period of review (POR) for the administrative review 
is September 1, 2011, through August 31, 2012, and the POR for the new 
shipper review is September 1, 2011, through September 30, 2012. The 
Department preliminarily determines that Deyan Aquatic Products and 
Food Co., Ltd. (Deyan Aquatic) (the new shipper), Nanjing Gemsen 
International Co., Ltd. (Nanjing Gemsen), Xiping Opeck Food Co., Ltd. 
(Xiping Opeck), and Yancheng Hi-King Agriculture Developing Co., Ltd., 
(Yancheng Hi-King) have not made sales of subject merchandise in the 
United States at prices below normal value.

DATES: Effective Date: October 3, 2013.

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok 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-
0768, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

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 item numbers 
1605.40.10.10, 1605.40.10.90, 0306.19.00.10, and 0306.29.00.00. On 
February 10, 2012, the Department added HTSUS classification number 
0306.29.01.00 to the scope description pursuant to a request by U.S. 
Customs and Border Protection (CBP). The HTSUS numbers are provided for 
convenience and customs purposes. A full description of the scope of 
the order is contained in the memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration, 
``Decision Memorandum for the Preliminary Results of the Antidumping 
Duty Administrative Review and New Shipper Review: Freshwater Crawfish 
Tail Meat from the People's Republic of China'' (Preliminary Decision 
Memorandum), which is hereby adopted by this notice. The written 
description is dispositive.
    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, 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.

Methodology

    The Department has conducted these reviews 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 non-market economy (NME) 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 Preliminary Decision 
Memorandum.

Treatment of Affiliated Parties as a Single Entity

    Consistent with the 2010-2011 administrative review,\1\ the 
Department preliminarily finds that Yancheng Hi-King is affiliated with 
certain entities, pursuant to sections 771(33)(A), (E) and (F) of the 
Act, based on ownership and common control. Further, for these 
preliminary results, the Department is treating Yancheng Hi-King 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. as a single entity for the purpose of 
calculating an antidumping duty margin.\2\
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    \1\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review 
and Partial Rescission; 2010-2011, 78 FR 2228 (April 15, 2013).
    \2\ 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'' (October 1, 
2012). The aforementioned document was placed on the record of this 
administrative review; see memorandum to file entitled ``Placement 
of the 2010-2011 Collapsing Memorandum on the Record'' (August 19, 
2013), at attachment.
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Preliminary Determination of No Shipments

    China Kingdom (Beijing) Import & Export Co., Ltd. (China Kingdom), 
Shanghai Ocean Flavor International Trading Co., Ltd. (Shanghai Ocean 
Flavor), and Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang), 
which have separate rates, reported that they did not have any exports 
of subject merchandise during the POR.\3\ This is consistent with the 
CBP data for the POR, which showed no evidence of imports from these 
companies.\4\ Additionally, we requested that CBP report any contrary 
information. To date, CBP has not responded to our inquiries and we 
have not received any evidence that these entities had any shipments to 
the United States of subject merchandise during the POR.\5\ Consistent 
with the Department's refinement to its assessment practice in NME 
cases regarding no shipment claims, we are completing the review with 
respect to China Kingdom, Shanghai Ocean Flavor, and Xuzhou Jinjiang, 
and will issue appropriate instructions to CBP based on the final 
results of the review.\6\
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    \3\ See no shipment letters filed by China Kingdom and Shanghai 
Ocean Flavor, dated November 14, 2012, and Xuzhou Jinjiang, dated 
November 30, 2012.
    \4\ See the memorandum entitled ``Freshwater Crawfish Tail Meat 
From the People's Republic of China--placing CBP Data on the record 
of this review'' (November 16, 2012).
    \5\ CBP only responds to the Department's inquiry when there are 
records of shipments from the company in question. See, e.g., 
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products 
From Brazil: Notice of Rescission of Antidumping Duty Administrative 
Review, 75 FR 65453, 65454 (October 25, 2010).
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the 
``Assessment Rates'' section below.
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Preliminary Results of Reviews

    The Department has determined that the following preliminary 
dumping margins exist for the administrative

[[Page 61332]]

review covering the period September 1, 2011, through August 31, 2012:

------------------------------------------------------------------------
                                                                Margin
                          Exporter                            (percent)
------------------------------------------------------------------------
Nanjing Gemsen International Co., Ltd......................         0.00
Xiping Opeck Food Co., Ltd.................................         0.00
Yancheng Hi-King Agriculture Developing Co., Ltd...........         0.00
------------------------------------------------------------------------

    As a result of the new shipper review, the Department has 
preliminarily determined that a dumping margin of 0.00 percent exists 
for merchandise produced and exported by Deyan Aquatic Products and 
Food Co., Ltd. covering the period September 1, 2011, through September 
30, 2012.\7\
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    \7\ See the Preliminary Decision Memorandum at 2-3 for a 
discussion regarding the POR for the new shipper review.
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Disclosure and Public Comment

    The Department will disclose calculations performed in these 
preliminary results to the parties within five days after the date of 
publication of this notice.\8\ Because the Department intends to 
conduct verification pursuant to 19 CFR 351.307(v)(B), the Department 
will establish the briefing schedule at a later time and will notify 
parties of that schedule.\9\ 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. Rebuttals 
briefs, limited to issues raised in case briefs, may be filed no later 
than five days after the time limit for filing the case briefs, as 
specified by 19 CFR 351.309(d).
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309.
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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 IA ACCESS. An electronically filed document must 
be received successfully in its entirety by the Department's IA ACCESS 
by 5:00 p.m. Eastern Time within 30 days after the date of publication 
of this notice.\10\ Hearing requests should contain the party's name, 
address, and telephone number, the number of participants, and a list 
of issues to be discussed. Oral presentations will be limited to issues 
raised in the briefs. 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.\11\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \10\ See 19 CFR 351.310(c).
    \11\ Id.
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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 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).

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value FOPs 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 
previously placed on the record.\12\ 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.\13\
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    \12\ 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.
    \13\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by these reviews.\14\ The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of these reviews. If a respondent's weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of these reviews, the Department will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales and, where 
possible, 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 the Final Modification 
for Reviews, i.e., on the basis of monthly average-to-average 
comparisons using only the transactions associated with the importer 
with offsets being provided for non-dumped comparisons.\15\ 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.\16\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \16\ See 19 CFR 351.106(c)(2).
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME cases.\17\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate. In addition, if the Department 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 PRC-wide rate.
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    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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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 the PRC 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 companies listed above 
that have a separate rate, except for Deyan Aquatic, the cash deposit 
rate will be that established in the final results of these reviews 
(except if the rate is zero or de minimis, i.e., less than 0.5 percent, 
then no cash deposit will be required); (2) for previously investigated 
or reviewed PRC and non-PRC exporters not listed above that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will

[[Page 61333]]

continue to be the existing exporter-specific rate; (3) for all PRC 
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 
PRC-wide entity; and (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 exporter that supplied that 
non-PRC exporter.
    With respect to Deyan Aquatic, the new shipper respondent, the 
Department has established a combination cash deposit rate for this 
company consistent with its practice as follows: (1) For subject 
merchandise produced and exported by Deyan Aquatic, the cash deposit 
rate will be the rate established for Deyan Aquatic in the final 
results of the NSR; (2) for subject merchandise exported by Deyan 
Aquatic, but not produced by Deyan Aquatic, the cash deposit rate will 
be the rate for the PRC-wide entity; and (3) for subject merchandise 
produced by Deyan Aquatic but not exported by Deyan Aquatic, the cash 
deposit rate will be the rate applicable to the 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are 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(h), 351.214 and 
351.221(b)(4).

    Dated: September 26, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Period of Review for the New Shipper Review
4. Scope of the Order
5. Bona Fides Analysis
6. Treatment of Affiliated Parties as a Single Entity
7. Non-Market-Economy Country Status
8. Surrogate Country
9. Separate Rates
10. Absence of De Jure Control
11. Absence of De Facto Control
12. Fair Value Comparisons
13. U.S. Price
14. Normal Value
15. Surrogate Values
16. Currency Conversion
17. Conclusion

[FR Doc. 2013-24268 Filed 10-2-13; 8:45 am]
BILLING CODE 3510-DS-P