[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26435-26438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11824]


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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, 
Rescission of Review in Part, and Preliminary Intent To Rescind New 
Shipper Review; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review and a new

[[Page 26436]]

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 the aligned new shipper 
review is September 1, 2015, through August 31, 2016. The 
administrative review covers two mandatory respondent exporters of the 
subject merchandise, Hubei Nature Agriculture Industry Co., Ltd. (Hubei 
Nature) and Yancheng Hi-King Agriculture Developing Co., Ltd. (Yancheng 
Hi-King). The new shipper review covers Jingzhou Tianhe Aquatic 
Products, Ltd. (Jingzhou Tianhe). The Department preliminarily 
determines that sales of subject merchandise by Hubei Nature have been 
made at prices below normal value, and sales of subject merchandise by 
Yancheng Hi-King have not been made at prices below normal value. The 
Department also preliminarily determines that Jingzhou Tianhe's single 
sale made to the United States during the POR was not bona fide. The 
Department preliminarily intends to rescind the new shipper review with 
respect to Jingzhou Tianhe.

DATES: Effective June 7, 2017.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482-3683 (Hubei 
Nature), Joseph Shuler (202) 482-1293 (Yancheng Hi-King), or Dmitry 
Vladimirov (202) 482-0665 (Jingzhou Tianhe), AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

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 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). 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 Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review and New 
Shipper Review of Freshwater Crawfish Tail Meat from the People's 
Republic of China; 2015-2016,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Rescission of Administrative Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation.
    Parties withdrew their review requests for eight of the eleven 
companies for which a review was requested. These withdrawals of review 
requests were submitted within the deadline set forth under 19 CFR 
351.213(d)(1) and no other parties requested a review of these 
companies. Accordingly, the Department is rescinding this review, in 
part, with respect to China Kingdom (Beijing) Import & Export Co., 
Ltd., Deyan Aquatic Products and Food Co., Ltd., Hubei Qianjiang 
Huashan Aquatic Food and Product Co., Ltd., Hubei Yuesheng Aquatic 
Products Co., Ltd., Nanjing Gemsen International Co., Ltd., Shanghai 
Ocean Flavor International Trading Co., Ltd., Weishan Hongda Aquatic 
Food Co., Ltd., and Xuzhou Jinjiang Foodstuffs Co., Ltd., in accordance 
with 19 CFR 351.213(d)(1).\2\
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    \2\ For more details, see the Preliminary Decision Memorandum.
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Bona Fides Analysis

    As discussed in the Preliminary Decision Memorandum, we 
preliminarily find that the sale made by Jingzhou Tianhe is not bona 
fide.\3\ We reached this conclusion based on the following totality of 
circumstances: The quantity and price of the U.S. sale are not 
reflective of the normal commercial reality; the suspect timing of the 
U.S. sale; the severe tardiness in the receipt of payment; and certain 
atypical business practices which are additional factors that are at 
odds with the normal business considerations of a bona fide sale.\4\ 
Because the non-bona fide sale at issue here was the only sale of 
subject merchandise that Jingzhou Tianhe made to the United States 
during the POR, we are preliminarily rescinding the new shipper review 
of this company.
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    \3\ See Preliminary Decision Memorandum; see also Memorandum, 
``New Shipper Review of Freshwater Crawfish Tail Meat from the 
People's Republic of China--Bona Fides Analysis of Jingzhou Tianhe 
Aquatic Products Co., Ltd.'s Sale,'' dated concurrently with this 
memorandum.
    \4\ Id.
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Separate Rate for Eligible Non-Selected Respondents

    The Department preliminarily determines that the respondent not 
selected for individual examination, Xiping Opeck Food Co., Ltd. 
(Xiping Opeck), is eligible to receive separate rate in this review.\5\ 
Consistent with our practice, we assigned to Xiping Opeck the weighted-
average margin calculated for Hubei Nature as the separate rate for the 
preliminary results of this review.\6\
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    \5\ See Preliminary Decision Memorandum at 9-10 for more 
details.
    \6\ Id.
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PRC-Wide Entity

    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\7\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review and the entity's rate is 
not subject to change (i.e., 223.01 percent).\8\
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \8\ See Freshwater Crawfish Tail Meat from the People's Republic 
of China; Notice of Final Results of Antidumping Duty Administrative 
Review, 68 FR 19504 (April 21, 2003).
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Methodology

    The Department is conducting these reviews in accordance with 
section 751(a)(1)(B), and (a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214. 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 the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov, and to all 
parties in the Department's Central Records Unit, room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. A list of the topics discussed in the 
Preliminary

[[Page 26437]]

Decision Memorandum is attached as an Appendix to this notice.

Preliminary Results of Administrative Review

    The Department determines that the following preliminary dumping 
margins exist for the administrative review covering the period 
September 1, 2015, through August 31, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                    Producer/exporter                     average margin
                                                             (percent)
------------------------------------------------------------------------
Hubei Nature Agriculture Industry Co., Ltd..............            5.10
Xiping Opeck Food Co., Ltd..............................            5.10
Yancheng Hi-King Agriculture Developing Co., Ltd \9\....            0.00
------------------------------------------------------------------------

Disclosure

    We intend to disclose calculations performed in these preliminary 
results to parties within five days after public announcement of the 
preliminary results.\10\
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    \9\ This rate preliminarily applies to Yancheng Hi-King 
Agriculture Developing Co., Ltd. and Yancheng Seastar Seafood Co., 
Ltd. See the ``Separates Rates'' section of the Preliminary Decision 
Memorandum for more details.
    \10\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
cases briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\11\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\12\
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    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
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    Pursuant to 19 CFR 351.310 (c) interested parties who wish to 
request a hearing, or participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance. All documents must be filed electronically using ACCESS 
which is available to registered users at http://access.trade.gov. An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the 
date of publication of this notice.\13\ 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. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
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    \13\ See 19 CFR 351.310(c).
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    Unless the deadline is extended, 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 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by these reviews.\14\ 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 each importer's 
examined sales and, where possible, the total entered value of sales. 
If the Department proceeds with a final rescission of the new shipper 
review with respect to Jingzhou Tianhe, its entry will be assessed at 
the rate entered.\15\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.212(c)(2).
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    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.\16\ Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\17\
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    \16\ 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).
    \17\ See 19 CFR 351.106(c)(2).
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    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.

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, 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 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. 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.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 the terms of an APO is a sanctionable 
violation. We are issuing and publishing the preliminary results of 
these reviews in accordance with sections 751(a)(1), 751(a)(2)(B)(iv),

[[Page 26438]]

751(a)(3), 777(i) of the Act, and 19 CFR 351.213, 351.214 and 
351.221(b)(4).

    Dated: June 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review in Part
V. Bona Fides Analysis
VI. Discussion of Methodology
    A. Non-Market-Economy Country Status
    B. Surrogate Country
    C. Separate Rates
    1. Absence of De Jure Control
    2. Absence of De Facto Control
    3. Separate Rate for Eligible Non-Selected Respondent
    D. Fair Value Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    E. U.S. Price
    F. Date of Sale
    G. Normal Value
    H. Surrogate Values
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2017-11824 Filed 6-6-17; 8:45 am]
 BILLING CODE 3510-DS-P