[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Page 65667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26660]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 30, 2012.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on freshwater crawfish tail meat from the People's Republic
of China (``PRC''), meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for this NSR is September 1,
2011, through August 31, 2012.
FOR FURTHER INFORMATION CONTACT: Dustin Ross, AD/CVD Operations, Office
1, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; Telephone: 202-482-0747.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on freshwater crawfish tail meat from
the PRC published in the Federal Register on September 15, 1997.\1\ On
September 28, 2012, pursuant to section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (``Act''), we received a timely request for an
NSR of the antidumping duty order on freshwater crawfish tail meat from
the PRC from Deyan Aquatic Products and Food Co., Ltd. (``Deyan
Aquatic'').\2\ Deyan Aquatic certified that it is both the producer and
exporter of the subject merchandise upon which the request was
based.\3\
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\1\ See Notice of Amendment to Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish
Tail Meat From the People's Republic of China, 62 FR 48218
(September 15, 1997).
\2\ See Freshwater Crawfish Tail Meat from the People's Republic
of China: New Shipper Review Request, dated September 28, 2012.
\3\ See id. at 1.
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Deyan Aquatic certified that it did not export
subject merchandise to the United States during the period of
investigation (``POI'').\4\ In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Deyan
Aquatic certified that, since the initiation of the investigation, it
has never been affiliated with any exporter or producer who exported
subject merchandise to the United States during the POI, including
those respondents not individually examined during the POI.\5\ As
required by 19 CFR 351.214(b)(2)(iii)(B), Deyan Aquatic also certified
that its export activities were not controlled by the government of the
PRC.\6\
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\4\ Id. at Ex. 2.
\5\ Id.
\6\ Id.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2), Deyan Aquatic submitted documentation establishing
the following: (1) The date on which Deyan Aquatic first shipped
subject merchandise for export to the United States; (2) the volume of
its first shipment; and (3) the date of its first sale to an
unaffiliated customer in the United States.\7\
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\7\ Id. at Ex. 1.
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that Deyan Aquatic's request meets
the threshold requirements for initiation of an NSR for the shipment of
freshwater crawfish tail meat from the PRC produced and exported by
Deyan Aquatic.\8\
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\8\ See Memorandum to the file, from Dustin Ross, Operations
Analyst, ``Initiation Checklist of AD New Shipper Review: Freshwater
Crawfish Tailmeat from the People's Republic of China (A-570-848),''
dated concurrently with this notice. See also ``Memorandum to the
File,'' from Dustin Ross, Operations Analyst, ``Freshwater Crawfish
Tailmeat from the People's Republic of China: Placing CBP data on
the Record,'' dated concurrently with this notice.
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The POR for this NSR is September 1, 2011, through August 31, 2012.
See 19 CFR 351.214(g)(1)(i)(A). The Department intends to issue the
preliminary results of this review no later than 180 days from the date
of initiation and final results of this review no later than 270 days
from the date of initiation. See section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economy countries, to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
country-wide rate provide evidence of de jure and de facto absence of
government control over the company's export activities. Accordingly,
we will issue a questionnaire to Deyan Aquatic, which will include a
section requesting information concerning Deyan Aquatic's eligibility
for a separate rate. The review will proceed if the response provides
sufficient indication that Deyan Aquatic is not subject to either de
jure or de facto government control with respect to its export of
subject merchandise.
We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
review, of a bond or security in lieu of a cash deposit for each entry
of the subject merchandise from Deyan Aquatic in accordance with
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because
Deyan Aquatic certified that it produced and exported the subject
merchandise, the sale of which is the basis for this NSR request, we
will apply the bonding privilege to Deyan Aquatic only for subject
merchandise which Deyan Aquatic both produced and exported.
To assist in its analysis of the bona fides of Deyan Aquatic's
sales, upon initiation of this NSR, the Department will require Deyan
Aquatic to submit on an ongoing basis complete transaction information
concerning any sales of subject merchandise to the United States that
were made subsequent to the POR.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306. This
initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: October 24, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-26660 Filed 10-29-12; 8:45 am]
BILLING CODE 3510-DS-P