[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Notices]
[Pages 12585-12587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06314]


-----------------------------------------------------------------------

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 New Shipper Review; 
2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Nanjing Yinxiangchen International Trade Co., Ltd. (Nanjing 
Yinxiangchen) did not make sales of subject merchandise at prices below 
normal value during the period of review (POR), September 1, 2017, 
through February 28, 2018. We invite interested parties to comment on 
the preliminary results.

DATES: Applicable April 2, 2019.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla (202) 482-3477, 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 a new shipper review of the antidumping duty 
order on freshwater crawfish tail meat from the People's Republic of 
China (China). The new shipper review covers Nanjing Yinxiangchen. 
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.\1\ If the new deadline 
falls on a non-business day, in accordance with Commerce's practice, 
the deadline will become the next business day. Accordingly, the 
revised deadline for the final results of this review is now March 26, 
2019.
---------------------------------------------------------------------------

    \1\ See Memorandum, ``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.
---------------------------------------------------------------------------

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.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Freshwater Crawfish Tail Meat from the 
People's Republic of China: Decision Memorandum for the Preliminary 
Results of the New Shipper Review; 2017-2018,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).

---------------------------------------------------------------------------

[[Page 12586]]

Separate Rate

    Commerce preliminarily determines that Nanjing Yinxiangchen is 
eligible to receive a separate rate in this review.\3\
---------------------------------------------------------------------------

    \3\ See Preliminary Decision Memorandum at 6-8, for more 
details.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. Commerce calculated export price 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, Commerce calculated normal 
value 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 New Shipper Review

    As a result of the new shipper review, Commerce preliminarily 
determines that the following dumping margin exists: \4\
---------------------------------------------------------------------------

    \4\ Commerce reached this conclusion based on the totality of 
the circumstances surrounding the reported sale for Nanjing 
Yinxiangchen. See Preliminary Decision Memorandum at 2-3 Bona Fides 
Analysis section.

------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer         average margin
                                                             (percent)
------------------------------------------------------------------------
Nanjing Yinxiangchen             Nanjing Yinxiangchen               0.00
 International Trade Co. Ltd.     International Trade
                                  Co. Ltd.
------------------------------------------------------------------------

Disclosure

    We intend to disclose calculations performed in these preliminary 
results to parties within five days after public announcement of the 
preliminary results.\5\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

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 publication of this 
notice.\6\ 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.\7\ 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.\8\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c).
    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
---------------------------------------------------------------------------

    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.\9\ 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.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended, Commerce intends to issue the 
final results of this new shipper review, including the results of its 
analysis of issues raised by parties in their comments, within 90 days 
after the publication of these preliminary results, pursuant to section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(i)(1).

Assessment Rates

    Upon issuing the final results of this new shipper review, Commerce 
will determine, and U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries covered by this 
review.\10\ If the respondent's weighted-average dumping margin is 
above de minimis (i.e., 0.50 percent) in the final results of this 
review, 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 in accordance with 19 CFR 351.212(b)(1). Specifically, 
Commerce will apply the assessment rate calculation method adopted in 
Final Modification for Reviews.\11\ 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.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.212(b)(1).
    \11\ See Antidumping Proceeding: 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).
    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales database 
submitted by Nanjing Yinxiangchen examined during this review, Commerce 
will instruct CBP to liquidate such entries at the China-wide rate.

Cash Deposit Requirements

    With regard to Nanjing Yinxiangchen, the respondent in this new 
shipper review, Commerce established a combination cash deposit rate 
consistent with its practice, as follows: (1) For subject merchandise 
produced and exported by Nanjing Yinxiangchen, the cash deposit rate 
will be the rate established in the final results of this new shipper 
review; (2) for subject merchandise exported by Nanjing Yinxiangchen 
but not produced by Nanjing Yinxiangchen the cash deposit rate will be 
the rate for the China-wide entity; and (3) for subject merchandise 
produced by Nanjing Yinxiangchen but not exported by Nanjing 
Yinxiangchen the cash deposit rate will be the rate applicable to the 
exporter. These deposit requirements shall remain in effect until 
further notice.

[[Page 12587]]

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 this 
new shipper review in accordance with sections 751(a)(2)(B) and 777(i) 
of the Act, and 19 CFR 351.214 and 351.221(b)(4).

    Dated: March 27, 2019.
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. Bona Fides Analysis
V. Discussion of the Methodology
    A. Non-Market-Economy Country Status
    B. Surrogate Country
    C. Separate Rate
    1. Absence of De Jure Control
    2. Absence of De Facto Control
    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
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2019-06314 Filed 4-1-19; 8:45 am]
 BILLING CODE 3510-DS-P