[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60134-60136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23793]


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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; 2012-2013

AGENCY: Enforcement and Compliance, 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 
and new shipper review is September 1, 2012, through August 31, 2013. 
The Department preliminarily determines that Hubei Nature Agriculture 
Industry Co., Ltd. (Hubei Nature, the new shipper), and Xiping Opeck 
Food Co., Ltd. (Xiping Opeck) have not made sales of subject 
merchandise in the United States at prices below normal value.

DATES: Effective Date: October 6, 2014.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Hermes Pinilla, AD/CVD 
Operations, Office 1, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683, and (202) 482-3477, 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). While the HTSUS numbers are 
provided for convenience and customs purposes, the written description 
is dispositive. A full description of the scope of the order is 
contained in the Preliminary Decision Memorandum.\1\
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    \1\ See the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``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'' dated 
concurrently with and hereby adopted by this notice (Preliminary 
Decision Memorandum).

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[[Page 60135]]

Methodology

    The Department 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. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance'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://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of Reviews

    The Department determines that the following preliminary dumping 
margins exist for the administrative review covering the period 
September 1, 2012, through August 31, 2013:

------------------------------------------------------------------------
                                                               Weighted
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Xiping Opeck Food Co., Ltd..................................        0.00
------------------------------------------------------------------------

    As a result of the new shipper review, the Department preliminarily 
determines that a dumping margin of 0.00 percent exists for merchandise 
produced and exported by Hubei Nature Agriculture Industry Co., Ltd. 
covering the period September 1, 2012, through August 31, 2013.

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.\2\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit cases briefs no later than 30 days after 
the date of publication of these preliminary results of review.\3\ 
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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    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c).
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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 Enforcement and Compliance, 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.\4\ Hearing requests should contain (1) the 
party's name, address, and telephone number; (2) the number of 
participants; and (3) 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.\5\ Parties should confirm by 
telephone or email the date, time, and location of the hearing.
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    \4\ See 19 CFR 351.310(c).
    \5\ 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).

Assessment Rates

    Upon issuing the final results, the Department will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by these reviews.\6\ 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.\7\ 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.\8\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ 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).
    \8\ See 19 CFR 351.106(c)(2).
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    Pursuant to a refinement in the Department's 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. We intend to issue assessment instructions to CBP 15 
days after the date of publication of the final results of these 
reviews.
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    \9\ 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, with the exception of Hubei Nature (see 
below), 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 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

[[Page 60136]]

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 Hubei Nature, the new shipper respondent, 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 Hubei Nature, the cash deposit rate will be 
the rate established for Hubei Nature in the final results of the NSR; 
(2) for subject merchandise exported by Hubei Nature, but not produced 
by Hubei Nature, the cash deposit rate will be the rate for the PRC-
wide entity; and (3) for subject merchandise produced by Hubei Nature 
but not exported by Hubei Nature, 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 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Non-Market-Economy Country Status
6. Surrogate Country
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Surrogate Values
14. Currency Conversion
15. Recommendation

[FR Doc. 2014-23793 Filed 10-3-14; 8:45 am]
BILLING CODE 3510-DS-P