[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34339-34341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15191]
-----------------------------------------------------------------------
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;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain companies covered by the administrative review made sales
of subject merchandise at prices below normal value. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable July 18, 2019.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan at (202) 482-2201 (Hubei
Qianjiang), Jacob Keller (202) 482-4849 (Nanjing Gemsen), 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 of the antidumping
duty order on freshwater crawfish tail meat from the People's Republic
of China (China). The period of review (POR) is September 1, 2017
through August 31, 2018. This administrative review covers two
mandatory respondents, Hubei Qianjiang Huashan Aquatic Food and Product
Co., Ltd. (Hubei Qianjiang) and Nanjing Gemsen International Co., Ltd.
(Nanjing Gemsen). Commerce preliminarily determines that sales of
subject merchandise by Hubei Qianjiang have not been made at prices
below normal value, and sales of subject merchandise by Nanjing Gemsen
have 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\
---------------------------------------------------------------------------
\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; 2017-2018,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Five 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.\2\
Additionally, Nanjing
[[Page 34340]]
Yinxiangchen International Trade Co., Ltd. is subject to the semi-
annual new shipper review covering the period September 1, 2017 through
February 28, 2018, and reported that it did not have exports of subject
merchandise in the last six months of this administrative review (i.e.,
March 1, 2018 through August 31, 2018).\3\ We requested that CBP report
any contrary information.\4\ In response to our inquiry, CBP indicated
that these six companies did not have any shipments of the subject
merchandise sold to the United States during the POR.\5\ 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.\6\
---------------------------------------------------------------------------
\2\ See No-Shipment Letters from Weishan Hongda Aquatic Food
Co., Ltd., dated November 30, 2018; Kunshan Xinrui Trading Co., Ltd.
and Nanjing Yinxiangchen International Trade Co., Ltd., each dated
December 4, 2018; Shanghai Ocean Flavor International Trading Co.,
Ltd. and Anhui Luan Hongyuan Foodstuffs Co., Ltd., each dated
December 14, 2018; and China Kingdom (Beijing) Import & Export Co.,
Ltd. (China Kingdom), dated February 28, 2019. China Kingdom
submitted its no shipment letter past the 30-day deadline, however,
we have accepted it as a clarification to its separate rate
certification (see China Kingdom's Letter, ``Freshwater Crawfish
Tail Meat from the People's Republic of China Separate Rate
Certification,'' dated December 14, 2018 at 4 and 6) that it had
sales to the United States but no suspended entries of subject
merchandise into the United States during the POR.
\3\ See Nanjing Yinxiangchen International Trade Co., Ltd.'s
Letter, ``Freshwater Crawfish Tail Meat from the People's Republic
of China: Concurrent Shipment Certification,'' dated December 4,
2018.
\4\ See CBP message numbers 9150301, 9150302, 9150303, 9150304,
9157303, and 9157304, available at https://aceservices.cbp.dhs.gov/adcvdweb.
\5\ See Memorandum, ``No shipment inquiry with respect to the
companies below during the period 09/01/2017 through 08/31/2018,''
dated July 2, 2019.
\6\ 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).
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that eight respondents are
eligible to receive separate rates in this review.\7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at 5-6.
---------------------------------------------------------------------------
Separate Rate for Eligible Non-Selected Respondents
Commerce preliminarily determines that the respondents not selected
for individual examination, Deyan Aquatic Products and Food Co., Ltd.
(Deyan Aquatic); Hubei Nature Agriculture Industry Co., Ltd. (Hubei
Nature); Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei Yuesheng);
Xiping Opeck Food Co., Ltd. (Xiping Opeck); Xuzhou Jinjiang Foodstuffs
Co., Ltd. (Xuzhou Jinjiang); and Yancheng Hi-King Agricultural
Developing Co., Ltd. (Yancheng Hi-King) are eligible to receive a
separate rate in the administrative review.\8\ Consistent with our
practice, we assigned to Deyan Aquatic, Hubei Nature, Hubei Yuesheng,
Xiping Opeck, Xuzhou Jinjiang, and Yancheng Hi-King the margin
calculated for Nanjing Gemsen as the separate rate for the preliminary
results of this review.\9\
---------------------------------------------------------------------------
\8\ Id.at 7-8.
\9\ Id.
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\10\ 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 China-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).\11\ Aside from the no-
shipments and separate rate companies discussed above, Commerce
preliminarily determines that Jingzhou Tianhe Aquatic Products Co.,
Ltd., for which a review was requested (which did not file a separate
rate application) is part of the China-wide entity.\12\
---------------------------------------------------------------------------
\10\ 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).
\11\ 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).
\12\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (``All firms
listed below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.''); see also Preliminary Decision Memorandum at 8.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213. 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
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be found at http://enforcement.trade.gov/frn/.
The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix to this
notice.
Preliminary Results
Commerce preliminarily determines that the following weighted-
average dumping margins exist during the period September 1, 2017
through August 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Deyan Aquatic Products and Food Co., Ltd................ 7.92
Hubei Nature Agriculture Industry Co., Ltd.............. 7.92
Hubei Qianjiang Huashan Aquatic Food and Product Co., 0.00
Ltd....................................................
Hubei Yuesheng Aquatic Products Co., Ltd................ 7.92
Nanjing Gemsen International Co., Ltd................... 7.92
Xiping Opeck Food Co., Ltd.............................. 7.92
Xuzhou Jinjiang Foodstuffs Co., Ltd..................... 7.92
Yancheng Hi-King Agricultural Developing Co., Ltd....... 7.92
------------------------------------------------------------------------
Disclosure
We intend to disclose calculations performed in these preliminary
results to parties within five days after public announcement of the
preliminary results.\13\
---------------------------------------------------------------------------
\13\ 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.\14\ 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.\15\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue;
[[Page 34341]]
(2) a brief summary of the argument; and (3) a table of
authorities.\16\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309(c).
\15\ See 19 CFR 351.309(d).
\16\ 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.\17\ 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.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended, Commerce intends to issue the
final results of this review, 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 CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\18\ If a 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. Specifically, Commerce will apply the assessment rate
calculation method adopted in Final Modification for Reviews.\19\ 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.\20\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.212(b)(1).
\19\ 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).
\20\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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.\21\
---------------------------------------------------------------------------
\21\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
---------------------------------------------------------------------------
We intend to issue assessment instructions to CBP 15 days after the
date of publication of the final results of this review.
Cash Deposit Requirements
On June 7, 2019, as a result of the five-year (sunset) review,
Commerce revoked the antidumping duty order on imports of freshwater
crawfish tail meat from China.\22\ In the Revocation Notice, Commerce
stated that it intends to issue instructions to CBP to terminate the
suspension of liquidation and to discontinue the collection of cash
deposits on entries of subject merchandise, entered or withdrawn from
warehouse, on or after May 16, 2019.\23\ Furthermore, because the
antidumping duty order on freshwater crawfish tail meat from China has
been revoked as a result of the Revocation Notice, Commerce will not
issue cash deposit instructions at the conclusion of this
administrative review.
---------------------------------------------------------------------------
\22\ See Freshwater Crawfish Tail Meat from the People's
Republic of China: Final Results of Sunset Review and Revocation of
Antidumping Duty Order, 84 FR 26647 (June 7, 2019) (Revocation
Notice).
\23\ See Revocation 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 this POR. 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.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1), 751(a)(3), and 777(i) of
the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: July 11, 2019.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2019-15191 Filed 7-17-19; 8:45 am]
BILLING CODE 3510-DS-P