[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75377-75378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26148]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-848]


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

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


DATES: Effective October 31, 2016.

SUMMARY: Based on a request, the Department of Commerce (the 
Department) is initiating a new shipper review (NSR) of the antidumping 
duty order on freshwater crawfish tail meat from the People's Republic 
of China (PRC) with respect to Jingzhou Tianhe Aquatic Products Co., 
Ltd. (Jingzhou Tianhe). We have determined that this request meets the 
statutory and regulatory requirements for initiation.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.

SUPPLEMENTARY INFORMATION: 

Background

    The antidumping duty order on freshwater crawfish tail meat from 
the PRC published in the Federal Register on September 15, 1997.\1\ 
Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (the Act), the Department received a timely and properly filed 
request for a NSR of the order from Jingzhou Tianhe during the 
anniversary month of the antidumping duty order.\2\ In its request, 
Jingzhou

[[Page 75378]]

Tianhe certified that it is both the producer and exporter of the 
subject merchandise upon which the request was based.\3\
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    \1\ See Notice of Amendment to Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish 
Tail Meat From the People's Republic of China, 62 FR 48218 
(September 15, 1997) (Crawfish Order).
    \2\ See Letter from Jingzhou Tianhe, ``RE: Freshwater Crawfish 
Tail meat From the People's Republic of China; Request for New 
Shipper Review,'' dated September 30, 2016.
    \3\ Id., at 2.
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Jingzhou Tianhe certified that it did not export 
subject merchandise to the United States during the period of 
investigation (POI).\4\ In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Jingzhou Tianhe certified that, since the initiation of the 
investigation, it has never been affiliated with any exporter or 
producer who exported subject merchandise to the United States during 
the POI, including those respondents not individually examined during 
the POI.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), Jingzhou 
Tianhe also certified that its export activities were not controlled by 
the government of the PRC.\6\
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    \4\ Id., at Attachment 1.
    \5\ Id.
    \6\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2), Jingzhou Tianhe submitted documentation establishing 
the following: (1) The date on which it first shipped subject 
merchandise for export to the United States; (2) the volume of its 
first shipment; and (3) the date of its first sale to an unaffiliated 
customer in the United States.\7\
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    \7\ Id., at Attachment 2; see also Jingzhou Tianhe's October 14, 
2016, response to the Department's request for additional 
information, dated October 3, 2016.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the period of review 
(POR) for a NSR initiated in the month immediately following the 
anniversary month will be the twelve-month period immediately preceding 
the anniversary month. Therefore, the POR for this NSR is September 1, 
2015, through August 31, 2016.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
we find that the request from Jingzhou Tianhe meets the threshold 
requirements for initiation of a NSR for shipments of freshwater 
crawfish tail meat from the PRC produced and exported by Jingzhou 
Tianhe.\8\
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    \8\ See the memorandum to the file entitled, ``Freshwater 
Crawfish Tail Meat From the People's Republic of China: Initiation 
Checklist for Antidumping Duty New Shipper Review of Jingzhou Tianhe 
Aquatic Products Co., Ltd.,'' dated concurrently with this notice.
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    On February 24, 2016, the President signed into law the ``Trade 
Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made 
several amendments to section 751(a)(2)(B) of the Act. We will conduct 
this NSR in accordance with section 751(a)(2)(B) of the Act, as amended 
by the Trade Facilitation and Trade Enforcement Act of 2015.\9\
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    \9\ Notably, the Trade Facilitation and Trade Enforcement Act of 
2015 removed from section 751(a)(2)(B) of the Act the provision 
directing the Department to instruct U.S. Customs and Border 
Protection (CBP) to allow an importer the option of posting a bond 
or security in lien of a cash deposit during the pendency of an NSR.
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    Unless extended, the Department intends to issue the preliminary 
results of this NSR no later than 180 days from the date of initiation 
and final results of the review no later than 90 days after the date 
the preliminary results are issued.\10\
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    \10\ See section 751(a)(2)(B)(iv) of the Act.
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    It is the Department's usual practice, in cases involving non-
market economy countries, to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
country-wide rate provide evidence of de jure and de facto absence of 
government control over the company's export activities. Accordingly, 
we will issue a questionnaire to Jingzhou Tianhe which will include a 
section requesting information concerning its eligibility for a 
separate rate. We will rescind the NSR of Jingzhou Tianhe if we 
determine that Jingzhou Tianhe has not demonstrated that it is eligible 
for a separate rate.
    Because Jingzhou Tianhe certified that it produced and exported 
subject merchandise, the sale of which is the basis for the request for 
a NSR, we will instruct CBP to continue to suspend liquidation of all 
entries of subject merchandise produced and exported by Jingzhou 
Tianhe.
    To assist in its analysis of the bona fides of Jingzhou Tianhe's 
sales, upon initiation of this NSR, the Department will require 
Jingzhou Tianhe to submit on an ongoing basis complete transaction 
information concerning any sales of subject merchandise to the United 
States that were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
the NSR should submit applications for disclosure under administrative 
protective order, in accordance with 19 CFR 351.305 and 351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

Christian Marsh,
DAS for AD/CVD Operations.
[FR Doc. 2016-26148 Filed 10-28-16; 8:45 am]
 BILLING CODE 3510-DS-P