[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47469-47471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22071]


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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 
Rescission of New Shipper Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 7, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review and 
intent to rescind the 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 
aligned new shipper review is September 1, 2015, through August 31, 
2016. Based on our analysis of the comments received, the Department 
has made changes to the margin calculations for the final results of 
the administrative review. The Department continues to find that 
Jingzhou Tianhe Aquatic Products, Ltd.'s (Jingzhou Tianhe) single sale 
made to the United States during the POR was not bona fide and, 
therefore, is rescinding the new shipper review with respect to 
Jingzhou Tianhe.

DATES: Applicable October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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) 482-3683 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 2017, the Department published the preliminary results 
of the administrative review and intent to rescind the new shipper 
review of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (the PRC) \1\ and invited 
interested parties to comment. On July 14, 2017, Hubei Nature 
Agriculture Industry Co., Ltd. (Hubei Nature) timely submitted its case 
brief in the administrative review and, on July 19, 2017, the Crawfish 
Processors Alliance \2\ (the petitioners) timely

[[Page 47470]]

submitted its rebuttal brief. No party submitted comments concerning 
the Department's preliminary intent to rescind the new shipper review 
of Jingzhou Tianhe.
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    \1\ See 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, 82 FR 26435 (June 7, 2017), 
and accompanying Decision Memorandum (Preliminary Decision 
Memorandum) (collectively, Preliminary Results).
    \2\ The Crawfish Processors Alliance consists of the following 
firms: A&S Crawfish; Acadiana Fishermen's Cooperative; Arnaudville 
Seafood Plant; Atchafalaya Crawfish Processors; Atchafalaya Crawfish 
Processing, L.L.C.; Bayou Land Seafood, LLC; Bieber Farms Crawfish, 
Inc.; Blanchard's Seafood, Inc.; Bonanza Crawfish Farm, Inc.; CJL 
Enterprise, Inc. d/b/a C.J.'s; Cajun Central, Inc.; Cajun Seafood 
Distributor, Inc.; Catahoula Crawfish, Inc.; Choplin Seafood; 
Clearwater Crawfish; Crawfish Enterprises, Inc.; Dugas Seafood aka 
Carl's Seafood; Toups Crawfish, L.L.C.; Harvestime Seafood; Harvey's 
Seafood; Louisiana Seafood Co.; Louisiana Premium Seafood; L.T. 
West, Inc.; Phillips Seafood, L.L.C.; Prairie Cajun Wholesale 
Distributors; Randol, Inc. aka Randol's Seafood and Restaurant; 
Riceland Crawfish, Inc. aka Beaucoup Crawfish; Seafood 
International, Inc.; Sylvester's Crawfish; and Teche Valley Seafood.
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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). 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.\3\
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    \3\ See Memorandum, ``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; 2015-2016,'' dated concurrently with, and hereby 
adopted by this notice (Issues and Decision Memorandum).
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Rescission of New Shipper Review

    As discussed in the Preliminary Decision Memorandum, we 
preliminarily found that the sale made by Jingzhou Tianhe was not bona 
fide.\4\ We received no comments concerning this finding. Because the 
non-bona fide sale at issue was the only sale of subject merchandise 
that Jingzhou Tianhe made to the United States during the POR, we are 
rescinding the new shipper review of this company.
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    \4\ See Preliminary Decision Memorandum at 4 and 5; 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 June 1, 2017.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these reviews are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached as an Appendix to this notice. 
The Issues and 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 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/. A list of the topics discussed in the 
Issues and Decision Memorandum is attached as an Appendix to this 
notice.

Changes Since the Preliminary Results

    Based on comments received from interested parties and further 
review of the record, the Department revised its calculation of the 
surrogate value for non-refrigerated inland freight expenses.\5\ This 
revision changed the weighted-average dumping margin results for Hubei 
Nature and, therefore, the rate applied to the non-selected, separate 
rate company, Xiping Opeck Food Co., Ltd. (Xiping Opeck).
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    \5\ See Issues and Decision Memorandum at Comment 1.
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Separate Rate for a Non-Selected Company

    Xiping Opeck is the only exporter of crawfish tail meat from the 
PRC that demonstrated its eligibility for a separate rate which was not 
selected for individual examination in this review. As in the 
Preliminary Results, the Department has calculated a rate for the 
mandatory respondent Yancheng Hi-King Agriculture Developing Co., Ltd. 
(Yancheng Hi-King) that is zero and a rate for the mandatory respondent 
Hubei Nature that is not zero, de minimis, or based entirely on facts 
available. Therefore, in accordance with section 735(c)(5)(A) of the 
Act and its prior practice, the Department has assigned Hubei Nature's 
calculated rate (i.e., 3.81 percent) as the separate rate for the non-
examined separate rate exporter, Xiping Opeck, for these final 
results.\6\
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    \6\ For more details on our methodology in selecting a rate for 
a non-examined separate rate exporter, see the ``Separate Rates'' 
section of the Issues and Decision Memorandum.
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PRC-Wide Entity

    As stated in the Preliminary Results, 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).\7\
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    \7\ 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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Final Results of the Administrative Review

    For the final results of the administrative review, we determine 
that the following percentage weighted-average dumping margins exist 
for the period September 1, 2015, through August 31, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         margin
                                                             (percent)
------------------------------------------------------------------------
Hubei Nature Agriculture Industry Co., Ltd..............            3.81
Xiping Opeck Food Co., Ltd..............................            3.81
Yancheng Hi-King Agriculture Developing Co., Ltd........            0.00
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by these reviews. 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.
    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 the administrative 
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 these final results of review.

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

[[Page 47471]]

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 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.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
results in accordance with 19 CFR 351.224(b).

Notification to Importers

    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.

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 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 violation subject 
to sanction.
    We are issuing and publishing these final results of administrative 
and new shipper reviews in accordance with sections 751(a)(1), 
751(a)(2)(B)(iii), 751(a)(3), 777(i) of the Act and 19 CFR 351.213(h) 
and 351.214.

    Dated: October 5, 2017.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

    List of Topics Discussed in the Issues and Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Surrogate Country
V. Separate Rates
VI. Discussion of the Issues
    Comment 1: Calculation of Surrogate Value for Non-Refrigerated 
Inland Freight Expenses
    Comment 2: Selection of Financial Information to Value Factory 
Overhead, Selling, General & Administrative Expenses, and Profit
VII. Recommendation

[FR Doc. 2017-22071 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DS-P