[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52201-52203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22455]


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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 
and New Shipper Reviews, and Rescission of Review in Part; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that companies covered by the administrative review and new shipper 
reviews did not make sales of subject merchandise at prices below 
normal value. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable October 16, 2018.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482-3683 (Hubei 
Nature), Joshua Poole (202) 482-1293 (Anhui Luan), or Hermes Pinilla 
(202) 482-3477 (Kunshan Xinrui), 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: 

Background

    Commerce is conducting an administrative review and new shipper 
reviews of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (China). The period of review (POR) 
for the administrative review and the aligned new shipper reviews is 
September 1, 2016, through August 31, 2017. The administrative review 
covers one mandatory respondent, Hubei Nature Agriculture Industry Co., 
Ltd. (Hubei Nature). The new shipper reviews cover Anhui Luan Hongyuan 
Foodstuffs Co., Ltd. (Anhui Luan) and Kunshan Xinrui Trading Co., Ltd. 
(Kunshan Xinrui). Commerce preliminarily determines that sales of 
subject merchandise by Hubei Nature have not been made at prices below 
normal value. Commerce also preliminarily determines that sales of 
subject merchandise by Anhui Luan and Kunshan Xinrui have not been made 
at prices below normal value.

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, Commerce added HTSUS classification number 
0306.29.01.00 to the scope description pursuant to a request by U.S. 
Customs and Border Protection (CBP). On September 21, 2018, Commerce 
added HTSUS classification numbers 0306.39.0000 and 0306.99.0000 to the 
scope description pursuant to a request by 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, ``Freshwater Crawfish Tail Meat from the 
People's Republic of China: Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review and New 
Shipper Reviews; 2016-2017,'' 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), Commerce 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.
    The petitioners, the Crawfish Processors Alliance, withdrew their 
review request for six of the 12 companies for which a review was 
requested.\2\ This withdrawal of review requests was submitted on 
February 12, 2018, within the deadline set forth under 19 CFR 
351.213(d)(1). Two of these companies also requested a review of their 
sales of subject merchandise. No other parties requested a review of 
the remaining four companies. Accordingly, Commerce is rescinding this 
review, in part, with respect to Deyan Aquatic Products and Food Co., 
Ltd., Hubei Yuesheng Aquatic Products Co., Ltd., Jingzhou Tianhe 
Aquatic Products Co., Ltd., and Shanghai Ocean Flavor

[[Page 52202]]

International Trading Co., Ltd., in accordance with 19 CFR 
351.213(d)(1).\3\
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    \2\ We initiated an administrative review on the following 
companies: China Kingdom (Beijing) Import & Export Co., Ltd., Deyan 
Aquatic Products and Food Co., Ltd., Hubei Nature Agriculture 
Industry Co., Ltd., Hubei Qianjiang Huashan Aquatic Food and Product 
Co., Ltd., Hubei Yuesheng Aquatic Products Co., Ltd., Jingzhou 
Tianhe Aquatic Products Co., Ltd., Nanjing Gemsen International Co., 
Ltd., Shanghai Ocean Flavor International Trading Co., Ltd., Weishan 
Hongda Aquatic Food Co., Ltd., Xiping Opeck Food Co., Ltd., Xuzhou 
Jinjiang Foodstuffs Co., Ltd., Yancheng Hi-King Agriculture 
Developing Co., Ltd. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 82 FR 52268 (November 
13, 2017).
    \3\ For more details, see the Preliminary Decision Memorandum.
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Preliminary Determination of No Shipments

    Three companies that received a separate rate in previous segments 
of the proceeding and are subject to this review reported that they did 
not have any exports of subject merchandise during the POR.\4\ We 
requested that CBP report any contrary information.\5\ In response to 
our inquiry, CBP indicated that these three companies did not have any 
shipments of the subject merchandise sold to the United States during 
the POR.\6\ Further, consistent with our practice, we find that it is 
not appropriate to rescind the review with respect to these companies 
but, rather, to complete the review and issue appropriate instructions 
to CBP based on the final results of review.\7\
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    \4\ See No-Shipment Letters from China Kingdom (Beijing) Import 
& Export Co., Ltd., Hubei Qianjiang Huashan Aquatic Food and Product 
Co., Ltd., and Nanjing Gemsen International Co., Ltd., all dated 
November 30, 2017.
    \5\ See CBP message numbers 8103308, 8103309 and 8103310 dated 
April 13, 2018, available at http://adcvd.cbp.dhs.gov/adcvdweb/.
    \6\ See Memorandum, ``Re: No shipment inquiry with respect to 
the companies below during the period 09/01/2016 through 08/31/
2017,'' dated May 9, 2018.
    \7\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results and Final Rescission, In Part, of 
Administrative Review and Final Results of New Shipper Review; 2013, 
80 FR 34619 (June 17, 2015).
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Separate Rates

    Commerce preliminarily determines that seven respondents are 
eligible to receive separate rates in these reviews.\8\
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    \8\ See Preliminary Decision Memorandum at 8-10, for more 
details.
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Separate Rate for Eligible Non-Selected Respondents

    Commerce preliminarily determines that the respondents not selected 
for individual examination, Weishan Hongda Aquatic Food Co., Ltd. 
(Weishan Hongda), Xiping Opeck Food Co., Ltd. (Xiping Opeck), Xuzhou 
Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang), and Yancheng Hi-King 
Agriculture Developing Co., Ltd. (Yancheng Hi-King) are eligible to 
receive a separate rate in the administrative review.\9\ Consistent 
with our practice, we assigned to Weishan Hongda, Xiping Opeck, Xuzhou 
Jinjiang and Yancheng Hi-King the weighted-average margin calculated 
for Hubei Nature as the separate rate for the preliminary results of 
this review.\10\
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    \9\ Id. at 10-11 for more details.
    \10\ Id.
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\11\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce 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).\12\
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    \11\ 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).
    \12\ 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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Verification

    As provided in section 782(i) of the Act, we verified the 
information provided by Hubei Nature in the administrative review and 
Kunshan Xinrui in the new shipper review of freshwater crawfish tail 
meat from China using standard verification procedures, including on-
site inspection of the producer's and exporter's facilities and 
examination of relevant sales and financial records. Our verification 
results are outlined in the verification reports for Hubei Nature and 
Kunshan Xinrui dated concurrently with this notice.

Methodology

    Commerce is conducting these reviews in accordance with section 
751(a)(1)(B), and 751(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 China is a non-market economy 
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 Commerce'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 Decision Memorandum is attached as an Appendix to this 
notice.

Preliminary Results of Administrative Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering 
the period September 1, 2016, through August 31, 2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
Hubei Nature Agriculture Industry Co., Ltd..................        0.00
Weishan Hongda Aquatic Food Co., Ltd........................        0.00
Xiping Opeck Food Co., Ltd..................................        0.00
Xuzhou Jinjiang Foodstuffs Co., Ltd.........................        0.00
Yancheng Hi-King Agriculture Developing Co., Ltd............        0.00
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Preliminary Results of New Shipper Reviews

    As a result of the new shipper reviews, Commerce preliminarily 
determines that the following dumping margins exist covering the period 
September 1, 2016, through August 31, 2017: \13\
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    \13\ Commerce reached these conclusions based on the totality of 
the circumstances surrounding the reported sale for each company. 
See Preliminary Decision Memorandum, Bona Fides Analysis section at 
4-5.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
              Exporter                       Producer           margin
                                                               (percent)
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Anhui Luan Hongyuan Foodstuffs Co.,   Anhui Luan Hongyuan           0.00
 Ltd.                                  Foodstuffs Co., Ltd.
Kunshan Xinrui Trading Co., Ltd.....  Leping Yongle Food            0.00
                                       Co., Ltd.
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Disclosure

    We intend to disclose calculations performed in these preliminary 
results to parties within five days after public announcement of the 
preliminary results.\14\
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    \14\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
case briefs no later than 30 days after the date of

[[Page 52203]]

publication of this notice.\15\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than five days after 
the date for filing case briefs.\16\ 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.\17\
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    \15\ See 19 CFR 351.309(c).
    \16\ See 19 CFR 351.309(d).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. 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.\18\ Hearing 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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    \18\ See 19 CFR 351.310(c).
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    Unless the deadline is extended, Commerce intends to 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, Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by these reviews.\19\ If a respondent's 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent) in the final results of these reviews, we 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. Specifically, 
Commerce will apply the assessment rate calculation method adopted in 
Final Modification for Reviews.\20\ Where an importer- (or customer-) 
specific ad valorem rate is zero or de minimis, we will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\21\
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    \19\ See 19 CFR 351.212(b)(1).
    \20\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) 
(Final Modification for Reviews).
    \21\ 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 exporters individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate. If Commerce determines that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the China-wide rate.\22\
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    \22\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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    For the companies for which the review is rescinded, Commerce will 
instruct CBP to assess antidumping duties at the rate equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i). 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 China 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 subject merchandise 
exported by the companies listed above that have separate rates, the 
cash deposit rate will be zero (2) for previously investigated or 
reviewed Chinese and non-Chinese 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 Chinese 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 China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the Chinese 
exporter that supplied that non-Chinese 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 Commerce'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. Commerce is issuing and publishing the preliminary results 
of these reviews in accordance with sections 751(a)(1), 
751(a)(2)(B)(iv), 751(a)(3), 777(i) of the Act, and 19 CFR 351.213, 
351.214 and 351.221(b)(4).

    Dated: October 2, 2018.
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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review in Part
V. Bona Fides Analysis
VI. Verification
VII. Discussion of the 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
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2018-22455 Filed 10-15-18; 8:45 am]
 BILLING CODE 3510-DS-P