[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:
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Weighted-
average
Exporter margin
(percent)
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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.
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Weighted-
Exporter Producer average margin
(percent)
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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