[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
[Pages 2489-2491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01478]


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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 New 
Shipper Reviews; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
exporters subject to this administrative review and new shipper reviews 
did not make sales of subject merchandise at less than normal value.

DATES: Applicable February 7, 2019.

FOR FURTHER INFORMATION CONTACT: Jacob Keller and Bryan Hansen, 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) 482-4849 and (202) 482-3683, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 28, 2017, Commerce aligned the new shipper reviews with 
the administrative review.\1\ On October 16, 2018, we published the 
preliminary results of the administrative review and new shipper 
reviews of the antidumping duty order on freshwater crawfish tail meat 
from the People's Republic of China (China) covering the period of 
review (POR) September 1, 2016, through August 31, 2017.\2\ We gave 
interested parties an opportunity to comment on the Preliminary 
Results. We received no comments. Hence, these final results are 
unchanged from the Preliminary Results. Commerce conducted these 
reviews in accordance with section 751(a)(1)(B) and (2) of the Tariff 
Act of 1930, as amended (the Act).
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    \1\ See Memorandum, ``Alignment of New Shipper Reviews of 
Freshwater Crawfish Tail Meat from the People's Republic of China 
with the Concurrent Administrative Review of Freshwater Crawfish 
Tail Meat from the People's Republic of China,'' dated November 28, 
2017.
    \2\ See 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, 83 FR 52201 (October 16, 2018) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\3\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for these final results of reviews is now March 25, 2019.
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    \3\ See memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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Scope of the Order

    The product covered by the antidumping duty order is freshwater 
crawfish tail meat, in all its forms (whether washed or with fat on, 
whether purged or un-purged), grades, and sizes; whether frozen, fresh, 
or chilled; and regardless of how it is packed, preserved, or prepared. 
Excluded from the scope of the order are live crawfish and other whole 
crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are 
saltwater crawfish of any type, and parts thereof. Freshwater crawfish 
tail meat is currently classifiable in the Harmonized Tariff Schedule 
of the United States (HTSUS) under item numbers 1605.40.10.10 and 
1605.40.10.90, which are the HTSUS numbers for prepared foodstuffs, 
indicating peeled crawfish tail meat and other, as introduced by U.S. 
Customs and Border Protection (CBP) in 2000, and HTSUS numbers 
0306.19.00.10 and 0306.29.00.00, which are reserved for fish and 
crustaceans in general. On February 10, 2012, Commerce added HTSUS 
classification number 0306.29.01.00 to the scope description pursuant 
to a request by 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

[[Page 2490]]

by CBP. The HTSUS subheadings are provided for convenience and customs 
purposes only. The written description of the scope of the order is 
dispositive.

Final Determination of No Shipments

    Commerce preliminarily found that China Kingdom (Beijing) Import & 
Export Co., Ltd., Hubei Qianjiang Huashan Aquatic Food and Product Co., 
Ltd., and Nanjing Gemsen International Co., Ltd., which have been 
eligible for separate rates in previous segments of the proceeding and 
are subject to this administrative review, did not have any reviewable 
entries of subject merchandise during the POR.\4\ After the Preliminary 
Results, we received no comments or additional information with respect 
to these three companies. Therefore, for the final results, we continue 
to find that these three companies did not have any reviewable entries 
of subject merchandise during the POR. Consistent with our practice, we 
will issue appropriate instructions to U.S. Customs and Border 
Protection (CBP) based on our final results.
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    \4\ See Preliminary Results, 83 FR at 52202 n.4.
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Separate Rates

    Commerce preliminarily determined that seven respondents are 
eligible to receive separate rates in this administrative review.\5\ We 
made no changes to these determinations for the final results.
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    \5\ Id. at 52202, and accompanying Preliminary Decision 
Memorandum at 8-11.
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Analysis of Comments Received

    As stated above, we received no comments on the Preliminary 
Results.

Changes Since the Preliminary Results

    We made no revisions to the Preliminary Results.

Final Results of Administrative Review

    As a result of this administrative review, Commerce determines that 
the following weighted-average dumping margins exist for 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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Final Results of New Shipper Reviews

    As a result of the new shipper reviews, Commerce determines that 
the following dumping margins exist covering the period September 1, 
2016, through August 31, 2017: \6\
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    \6\ Commerce reached these conclusions based on the totality of 
the circumstances surrounding the reported sale for each company. 
See Preliminary Results, and accompanying Preliminary Decision 
Memorandum at 4-5 Bona Fides Analysis section.

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

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
and the Final Modification for Reviews,\7\ Commerce intends to instruct 
CBP to liquidate without regard to antidumping duties all appropriate 
entries for respondents eligible for a separate rate. For all other 
companies, we will instruct CBP to apply the antidumping duty 
assessment rate of the China-wide entity, 223.01 percent, to all 
entries of subject merchandise exported by these companies.\8\ For the 
three companies that we determined had no reviewable entries of the 
subject merchandise in the administrative review period, 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. We intend 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review.
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012) (Final Modification for Reviews).
    \8\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 52268, 52269 (November 13, 2017); see 
also Freshwater Crawfish Tail Meat from the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews, 82 FR 
48482, 48483 (October 18, 2017).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
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 subject 
merchandise exported by the companies listed above that have separate 
rates, the cash deposit rate will be the rate established in these 
final results of review for each exporter as listed above; (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 
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; (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.
    With respect to Anhui Luan Hongyuan Foodstuffs Co., Ltd. (Anhui 
Luan) and Kunshan Xinrui Trading Co., Ltd. (Kunshan Xinrui), the 
respondents in the new shipper reviews, Commerce established a 
combination cash deposit rate for these companies consistent with its 
practice, as follows: (1) For subject merchandise produced and exported 
by Anhui Luan and for subject merchandise produced by Leping Yongle 
Food Co., Ltd. and exported by Kunshan Xinrui, the cash deposit rate 
will be the rate established in the final results of the new shipper 
reviews; (2) for subject merchandise exported by Anhui Luan but not 
produced by Anhui Luan and exported by Kunshan Xinrui but not produced 
by Leping Yongle Food Co., Ltd. the cash deposit rate will be the rate 
for the China-wide entity;

[[Page 2491]]

and (3) for subject merchandise produced by Anhui Luan but not exported 
by Anhui Luan and for subject merchandise produced by Leping Yongle 
Food Co., Ltd. but not exported by Kunshan Xinrui the cash deposit rate 
will be the rate applicable to the exporter. These deposit requirements 
shall remain in effect until further notice.

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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of the antidumping duties occurred and the subsequent assessment of 
doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or 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.
    These final results of administrative and new shipper reviews are 
issued and published in accordance with sections 751(a)(1) and 777(i) 
of the Act and 19 CFR 351.221(b)(5).

    Dated: February 1, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-01478 Filed 2-6-19; 8:45 a.m.]
 BILLING CODE 3510-DS-P