[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21840-21842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08501]


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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 Reviews; 2013-2014

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

SUMMARY: On October 7, 2015, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the administrative review and new shipper reviews 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 and the new shipper reviews is September 1, 2013, 
through August 31, 2014. These reviews cover five producers/exporters 
of subject merchandise: China Kingdom (Beijing) Import & Export Co., 
Ltd. (China Kingdom), Deyan Aquatic Products and Food Co., Ltd. (Deyan 
Aquatic), Shanghai Ocean Flavor International Trading Co., Ltd. 
(Shanghai Ocean), Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei 
Yuesheng), and Weishan Hongda Aquatic Food Co., Ltd., (Hongda). We 
invited parties to comment on the Preliminary Results. Based on our 
analysis of the comments received, we have made changes to our margin 
calculations. Therefore, these final results differ from the 
Preliminary Results. The final weighted-average dumping margins for the 
reviewed firms are listed below in the section entitled

[[Page 21841]]

``Final Results of the Administrative Review and New Shipper Reviews.''
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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 Reviews; 2013-2014, 80 FR 60624 (October 7, 
2015) (Preliminary Results). Also, on November 21, 2014, 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 entitled ``Alignment of New Shipper Reviews 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 November 21, 2014.

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DATES: Effective Date: April 13, 2016.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2013, the Department published the Preliminary 
Results of these reviews. On January 6, 2016, we issued a memorandum 
extending the time limit for the final results of these reviews to 
April 4, 2016.\2\ As explained in the memorandum from the Acting 
Assistant Secretary for Enforcement and Compliance, the Department has 
exercised its discretion to toll all administrative deadlines due to 
the closure of the Federal Government in January 2016. All deadlines in 
this segment of the proceeding have been extended by four business 
days. The revised deadline for the final results of these reviews is 
now April 8, 2016.\3\
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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 Reviews; 2013-2014,'' dated 
January 6, 2016.
    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement and Compliance, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure 
During Snowstorm Jonas,'' dated January 27, 2016.
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    The Department gave interested parties an opportunity to comment on 
the Preliminary Results. We received case briefs from the petitioners, 
the Crawfish Processors Alliance (CPA), and Hongda on November 6, 2015. 
We received a rebuttal brief from Hongda on November 12, 2015. Pursuant 
to a request from CPA, we held a public hearing on February 11, 
2016.\4\
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    \4\ See Public Hearing Transcript concerning the Administrative 
and New Shipper Reviews of the Antidumping Duty Order on Freshwater 
Crawfish Tail Meat from the People's Republic of China (February 11, 
2016).
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    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,\5\ which is hereby 
adopted by this notice.
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    \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Issues and Decision Memorandum for the Final Results 
of Antidumping Duty Administrative Review and New Shipper Reviews 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 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, room B8024 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/. The signed 
Issues and Decision Memorandum and the electronic versions are 
identical in content.

Final Results of the Administrative Review and New Shipper Reviews

    For the final results of the administrative review, we determine 
that the following percentage weighted-average dumping margins exist 
for the period September 1, 2013, through August 31, 2014:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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China Kingdom (Beijing) Import & Export Co., Ltd........           22.16
Deyan Aquatic Products and Food Co., Ltd................           12.04
Shanghai Ocean International International Trading Co.,            17.23
 Ltd....................................................
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    For the final results of the new shipper reviews, the Department 
determines that a dumping margin of 42.45 percent exists for 
merchandise produced and exported by Hubei Yuesheng Aquatic Products 
Co., Ltd. and a dumping margin of 26.10 percent exists for merchandise 
produced and exported by Weishan Hongda Aquatic Food Co., Ltd., 
covering the period September 1, 2013, through August 31, 2014.

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by these reviews.\6\ In 
accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific (or customer-specific) assessment rates for merchandise 
subject to these reviews.
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    \6\ See 19 CFR 351.212(b)(1).
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    For these final results, we divided the total dumping margins 
(calculated as the difference between normal value and export price) 
for each of the respondents' importers or customers by the total number 
of kilograms the exporter sold to that importer or customer. We will 
direct CBP to assess the resulting per-kilogram dollar amount against 
each kilogram of merchandise in each of that importer's/customer's 
entries during the review period.
    For entries that were not reported in the U.S. sales databases 
submitted by companies individually examined during these reviews, 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 these final results of reviews.

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, the cash deposit rate will be 
the rate

[[Page 21842]]

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 Hubei Yuesheng, a 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 Hubei Yuesheng the cash deposit 
rate will be the rate established in the final results of the new 
shipper review; (2) for subject merchandise exported by Hubei Yuesheng, 
but not produced by Hubei Yuesheng, the cash deposit rate will be the 
rate for the PRC-wide entity; and (3) for subject merchandise produced 
by Hubei Yuesheng, but not exported by Hubei Yuesheng, the cash deposit 
rate will be the rate applicable to the exporter.
    With respect to Hongda, a 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 Hongda the cash deposit rate will be the rate 
established in the final results of the new shipper review; (2) for 
subject merchandise exported by Hongda, but not produced by Hongda, the 
cash deposit rate will be the rate for the PRC-wide entity; and (3) for 
subject merchandise produced by Hongda, but not exported by Hongda, 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 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 8, 2016.
Ronald K. Lorentzen,
Acting 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. Separate Rates
E. Discussion of the Issues
    1. Use of Financial Information to Value Factory Overhead, 
Selling, General & Administrative (SG&A) Expenses, and Profit
    2. Selection of Surrogate Value for Water
    3. Application of a Zero Margin to Unexamined Respondent
    4. Clerical Error
F. Recommendation

[FR Doc. 2016-08501 Filed 4-12-16; 8:45 am]
 BILLING CODE 3510-DS-P