[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Notices]
[Pages 18775-18776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09046]


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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: Applicable April 30, 2018.
SUMMARY: The Department of Commerce (Commerce) is initiating a new 
shipper review (NSR) of the antidumping duty order on freshwater 
crawfish tail meat from the People's Republic of China (China) with 
respect to Nanjing Yinxiangchen International Trade Co., Ltd. 
(Yinxiangchen). We have determined that this request meets the 
statutory and regulatory requirements for initiation.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the antidumping duty Order on freshwater 
crawfish tail meat from China in the Federal Register on September 15, 
1997.\1\ Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), Commerce received a timely and properly filed 
request for an NSR from Yinxiangchen during the six months following 
the anniversary month of the antidumping duty Order.\2\ In its request, 
Yinxiangchen certified that it is both a producer and exporter of the 
subject merchandise upon which the Order is 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) (Order).
    \2\ See Yinxiangchen's Letter, ``Freshwater Crawfish Tail Meat 
from the People's Republic of China: Request for New Shipper 
Review,'' dated March 26, 2018 (Yinxiangchen's NSR Request).
    \3\ See Yinxiangchen's NSR Request at Exhibit 1.
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    Pursuant to section 751(a)(2)(B)) of the Act and 19 CFR 
351.214(b)(2)(i), Yinxiangchen 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) of the Act and 
19 CFR 351.214(b)(2)(iii)(A), Yinxiangchen certified that, since the 
initiation of the investigation, it had 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), Yinxiangchen also certified that its export 
activities were not controlled by the Government of China.\6\
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    \4\ See id.
    \5\ See id.
    \6\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Yinxiangchen 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\ See id. at Exhibit 2.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a NSR within one year of the date on which its subject merchandise 
first entered. Further, 19 CFR 351.214(d)(1) states that Commerce will 
initiate an NSR in the calendar month immediately following the 
anniversary month or the semiannual anniversary month if the request 
for review is made during the six-month period ending with the end of 
the anniversary month or the semi-annual anniversary month, whichever 
is applicable. In accordance with 19 CFR 351.214(g)(1)(i)(B), the 
period of review (POR) for an NSR initiated in the month immediately 
following the semi-annual anniversary month will be the six-month 
period immediately preceding the semi-annual anniversary month. 
Yinxiangchen requested an NSR within one year from the date its 
merchandise first entered. The request was filed in March 2018, the 
semi-annual anniversary month of the Order. Therefore, the POR for this 
NSR is September 1, 2017, through February 28, 2018.

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 Yinxiangchen meets the threshold 
requirements for the initiation of an NSR for shipments of freshwater 
crawfish tail meat from China produced and exported during the POR by 
Yinxiangchen.\8\
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    \8\ See the Memorandum, ``Freshwater Crawfish Tail Meat from the 
People's Republic of China: Initiation Checklist for Antidumping 
Duty New Shipper Review of Nanjing Yinxiangchen International Trade 
Co., Ltd.,'' dated concurrently with this notice.

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[[Page 18776]]

    The Trade Facilitation and Trade Enforcement Act of 2015 \9\ 
amended section 751(a)(2)(B) of the Act, including provisions which 
apply to this NSR. Specifically, the TFTEA amended the Act so that, as 
of February 24, 2016, Commerce 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 an 
NSR.
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    \9\ 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, Commerce intends to issue the preliminary results 
of this NSR no later than 180 days from the date of initiation and the 
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 Commerce'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 Yinxiangchen which will include a section 
requesting information concerning the company's eligibility for a 
separate rate. We will rescind the NSR of Yinxiangchen if we determine 
that the company has not demonstrated that it is eligible for a 
separate rate.
    Because Yinxiangchen certified that it produced and exported 
subject merchandise, the sale of which is the basis for its request for 
an NSR, we will instruct CBP to continue to suspend liquidation of all 
entries of subject merchandise produced and exported by Yinxiangchen.
    To assist in its analysis of the bona fide nature of Yinxiangchen's 
sales, upon initiation of this NSR, Commerce will require Yinxiangchen 
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).

    Dated: April 24, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, performing the duties of Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-09046 Filed 4-27-18; 8:45 am]
 BILLING CODE 3510-DS-P