[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Notices]
[Pages 22947-22949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09479]


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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 New 
Shipper Review; 2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

SUMMARY: On October 3, 2013, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the administrative review and new shipper review of the antidumping 
duty order on freshwater crawfish tail meat from the People's Republic 
of China (the PRC).\1\ 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. These reviews cover four producers/exporters of 
subject merchandise: Nanjing Gemsen International Co., Ltd. (Nanjing 
Gemsen), Xiping Opeck Food Co., Ltd. (Xiping Opeck), Yancheng Hi-King 
Agriculture Developing Co., Ltd. (Yancheng Hi-King), and Deyan Aquatic 
Products and Food Co., Ltd. (Deyan Aquatic, the new shipper). We 
invited parties to comment on the Preliminary Results. Based on our 
analysis of the comments received, we made a change to our margin 
calculations. However, for the final results, we continue to find that 
the companies covered by these reviews did not make sales of subject 
merchandise at less than normal value.
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    \1\ See Freshwater Crawfish Tail Meat From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review and New Shipper Review; 2011-2012, 78 FR 61331 (October 3, 
2013) (Preliminary Results). Also, on February 12, 2013, in 
accordance with 19 CFR 351.214(j)(3), the Department aligned the new 
shipper review with the administrative review. See Memorandum to the 
File from Dustin Ross, Case Analyst, ``Alignment of New Shipper 
Review of Freshwater Crawfish Tail Meat from the People's Republic 
of China with the concurrent administrative review of Freshwater 
Crawfish Tail Meat from the People's Republic of China'' dated 
February 12, 2013.

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DATES: Effective Date: April 25, 2014.

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten, 
AD/CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2013, the Department published the Preliminary 
Results of these reviews. On January 24, 2014, we issued a memorandum 
extending the time limit for the final results of these reviews to 
April 21, 2014.\2\
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    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Freshwater Crawfish Tail Meat from the People's Republic of China: 
Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review and New Shipper Review; 2011-2012'' dated 
January 24, 2014.
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    The Department gave interested parties an opportunity to comment on 
the Preliminary Results. We received a case brief from the petitioner, 
Crawfish Processors Alliance (CPA) on January 14, 2014, and rebuttal 
briefs from Xiping Opeck on January 21, 2014, and from Deyan Aquatic 
and Yancheng Hi-King on January 22, 2014.
    We conducted these reviews in accordance with sections 751(a)(1)(B) 
and 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act).

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, 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 only. The written description of the 
scope is dispositive. A full description of the scope of the order is 
contained in the Issues and Decision Memorandum,\3\ which is hereby 
adopted by this notice.
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    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from James Maeder, Director, Office II, 
Antidumping and Countervailing Duty Operations, ``Issues and 
Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review and New Shipper Review of Freshwater Crawfish 
Tail Meat from the People's Republic of China'' dated concurrently 
with and hereby adopted by this notice (Issues and Decision 
Memorandum).
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Analysis of Comments Received

    All issues raised in the case briefs by parties to these reviews 
are addressed in the Issues and Decision 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

[[Page 22948]]

via Enforcement and Compliance'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 
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Final Determination of No Shipments

    For these final results, we continue to find that 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, had no shipments during the POR.\4\ Consistent with the 
Department's refinement to its assessment practice in NME cases 
regarding no shipment claims, we are completing the administrative 
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 administrative review.\5\
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    \4\ See Preliminary Results.
    \5\ 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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Changes Since the Preliminary Results

    Based on our analysis of comments received, we made a change to our 
calculations for these final results. Specifically, we altered our 
method of valuing crawfish shell from the Preliminary Results. For 
further details, see the company-specific analysis memoranda dated 
concurrently with this notice and the Issues and Decision Memorandum.

Final Results of the Review

    For the final result of the administrative review, we determine 
that the following percentage weighted-average dumping margins exist 
for the period September 1, 2011, through August 31, 2012:

 
------------------------------------------------------------------------
                                                                Margin
                          Company                             (percent)
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Nanjing Gemsen International Co., Ltd......................         0.00
Xiping Opeck Food Co., Ltd.................................         0.00
Yancheng Hi-King Agriculture Developing Co., Ltd \6\.......         0.00
------------------------------------------------------------------------

     
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    \6\ For these final results, we continue to find that 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., are a single 
entity for the purpose of calculating an antidumping duty margin. 
See Issues and Decision Memorandum.
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    For the result of the new shipper review, the Department determines 
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.

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by these reviews.\7\ We 
intend to issue assessment instructions to CBP 15 days after the date 
of publication of these final results of reviews. For Nanjing Gemsen, 
Xiping Opeck, Yancheng Hi-King, and Deyan Aquatic we will instruct CBP 
to liquidate all entries during the respective PORs without regard to 
antidumping duties because their weighted-average dumping margins in 
these final results are zero.\8\
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    \7\ See 19 CFR 351.212(b)(1).
    \8\ 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).
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    Pursuant to the Department's refinement to its assessment practice 
in NME cases,\9\ 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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    \9\ 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 the administrative 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 the final results of 
the administrative 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; 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 entity that 
supplied that non-PRC exporter.
    With respect to Deyan Aquatic, the respondent in the new shipper 
review, the Department 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 new shipper review; (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.

Disclosure

    We intend to disclose the calculations performed regarding these 
final results within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Notifications

    This notice serves as a final 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

[[Page 22949]]

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 reviews are issued and published 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: April 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum:

A. Summary
B. Background
C. Surrogate Country
D. Affiliation
E. Separate Rates
F. Discussion of the Issue
    1. Selection of Surrogate Value for Crawfish Shell
G. Recommendation

[FR Doc. 2014-09479 Filed 4-24-14; 8:45 am]
BILLING CODE 3510-DS-P