[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48482-48483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22600]


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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 Reviews

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

DATES: Applicable October 18, 2017.

SUMMARY: Based on requests, the Department of Commerce (the Department) 
is initiating new shipper reviews (NSR) of the antidumping duty order 
on freshwater crawfish tail meat from the People's Republic of China 
(PRC) with respect to Anhui Luan Hongyuan Foodstuffs Co., Ltd. (Anhui 
Luan) and Kunshan Xinrui Trading Co., Ltd. (Kunshan Xinrui). We have 
determined that these requests meet 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 timely and properly filed 
requests for a NSR of the Order from Anhui Luan and Kunshan Xinrui 
during the anniversary month of the antidumping duty Order.\2\ In its 
request, Anhui Luan certified that it is both the producer and exporter 
of the subject merchandise upon which the request was based.\3\ In its 
request, Kunshan Xinrui certified that it is the exporter and Leping 
Yongle Food Co., Ltd. (Leping Yongle), is the producer of the subject 
merchandise upon which the request was based.\4\
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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) (Order).
    \2\ See Letter from Anhui Luan, ``Freshwater Crawfish Tail Meat 
from the People's Republic of China Request for New-Shipper 
Review,'' dated September 15, 2017 (Anhui Luan's NSR Request), and 
Letter from Kunshan Xinrui, ``Freshwater Crawfish Tail Meat from 
People's Republic of China: Request for New Shipper Review,'' dated 
September 19, 2017 (Kunshan Xinrui's NSR Request).
    \3\ See Anhui Luan's NSR Request at Attachment 1.
    \4\ See Kunshan Xinrui's NSR Request at Exhibit 1.
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Anhui Luan certified that it did not export subject 
merchandise to the United States during the period of investigation 
(POI).\5\ Similarly, pursuant to section 751(a)(2)(B)(i)(I) of the Act 
and 19 CFR 351.214(b)(2)(ii)(A) and 19 CFR 351.214(b)(2)(ii)(B), 
Kunshan Xinrui and Leping Yongle each certified, respectively, that 
they did not export subject merchandise to the United States during the 
POI.\6\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act 
and 19 CFR 351.214(b)(2)(iii)(A), Anhui Luan, Kunshan Xinrui, and 
Leping Yongle each certified, respectively, that, since the initiation 
of the investigation, they have 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.\7\ As required by 19 CFR 351.214(b)(2)(iii)(B), Anhui 
Luan and Kunshan Xinrui also certified, respectively, that their export 
activities were not controlled by the government of the PRC.\8\
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    \5\ See Anhui Luan's NSR Request at Attachment 1.
    \6\ See Kunshan Xinrui's NSR Request at Exhibit 1.
    \7\ See Anhui Luan's NSR Request at Attachment 1; Kunshan 
Xinrui's NSR Request at Exhibit 1.
    \8\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR

[[Page 48483]]

351.214(b)(2)(iv), Anhui Luan and Kunshan Xinrui each submitted 
respective 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 subsequent shipments; 
and (3) the date of its first sale to an unaffiliated customer in the 
United States.\9\
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    \9\ See Anhui Luan's NSR Request at Attachment 2; Kunshan 
Xinrui's NSR Request at Exhibit 2.
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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 these NSRs is September 
1, 2016, through August 31, 2017.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
we find that the requests from Anhui Luan and Kunshan Xinrui meet the 
threshold requirements for initiation of (1) a NSR for shipments of 
freshwater crawfish tail meat from the PRC produced and exported during 
the POR by Anhui Luan,\10\ and (2) a NSR for shipments of freshwater 
crawfish tail meat from the PRC produced by Leping Yongle and exported 
during the POR by Kunshan Xinrui.\11\
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    \10\ See the Memorandum, ``Freshwater Crawfish Tail Meat from 
the People's Republic of China: Initiation Checklist for Antidumping 
Duty New Shipper Review of Anhui Luan Hongyuan Foodstuffs Co., 
Ltd.,'' dated concurrently with this notice.
    \11\ See the Memorandum, ``Freshwater Crawfish Tail Meat from 
the People's Republic of China: Initiation Checklist for Antidumping 
Duty New Shipper Review of Kunshan Xinrui Trading Co., Ltd.,'' dated 
concurrently with this notice.
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    The Trade Facilitation and Trade Enforcement Act of 2015 \12\ 
amended section 751(a)(2)(B) of the Act, including provisions which 
apply to these NSRs. Specifically, the TFTEA amended the Act so that, 
as of February 24, 2016, the Department no longer instructs U.S. 
Customs and Border Protection (CBP) to allow an importer the option of 
posting a bond or security in lieu of a cash deposit during the 
pendency of a NSR.
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    \12\ The Trade Facilitation and Trade Enforcement Act of 2015, 
H.R. 644, Public Law 114-125 (February 24, 2016) (TFTEA).
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    Unless extended, the Department intends to issue the preliminary 
results of these NSRs no later than 180 days from the date of 
initiation and final results of the reviews no later than 90 days after 
the date the preliminary results are issued.\13\
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    \13\ See section 751(a)(2)(B)(iii) 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 questionnaires to Anhui Luan and Kunshan Xinrui which 
will include a section requesting information concerning each company's 
eligibility for a separate rate. We will rescind the NSR of Anhui Luan 
or Kunshan Xinrui if we determine that either company has not 
demonstrated that it is eligible for a separate rate.
    Because Anhui Luan certified that it produced and exported subject 
merchandise, the sale of which is the basis for its request for a NSR, 
we will instruct CBP to continue to suspend liquidation of all entries 
of subject merchandise produced and exported by Anhui Luan. Similarly, 
because Kunshan Xinrui certified that Leping Yongle produced subject 
merchandise that Kunshan Xinrui exported, the sale of which is the 
basis for its request for a NSR, we will instruct CBP to continue to 
suspend liquidation of all entries of subject merchandise produced by 
Leping Yongle and exported by Kunshan Xinrui.
    To assist in its analysis of the bona fide nature of Anhui Luan's 
and Kunshan Xinrui's respective sales, upon initiation of these NSRs, 
the Department will require Anhui Luan and Kunshan Xinrui, 
respectively, 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 NSRs 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).

    Dated: October 12, 2017.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-22600 Filed 10-17-17; 8:45 am]
 BILLING CODE 3510-DS-P