[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Pages 24723-24724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09700]
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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: April 26, 2013.
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, 2012, through
February 28, 2013.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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: 202-482-0665.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on freshwater crawfish tail meat from
the
[[Page 24724]]
PRC published in the Federal Register on September 15, 1997.\1\ On
March 26, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the Act), we received a timely request for an NSR
of the order from Hubei Nature Agriculture Industry Co., Ltd. (Hubei
Nature).\2\ Hubei Nature 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 March 26, 2013.
\3\ See id., at 1 and Exhibit 2.
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Hubei Nature 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), Hubei Nature 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), Hubei Nature also certified that its export
activities were not controlled by the government of the PRC.\6\
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\4\ Id., at Exhibit 2.
\5\ Id.
\6\ Id.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2), Hubei Nature submitted documentation establishing
the following: (1) The date on which Hubei Nature 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 Exhibit 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 Hubei Nature'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
Hubei Nature.\8\
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\8\ See Memorandum to the file entitled ``Freshwater Crawfish
Tail Meat from the People's Republic of China: Initiation Checklist
for Antidumping Duty New Shipper Review,'' dated concurrently with
this notice.
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The POR for this NSR is September 1, 2012, through February 28,
2013. See 19 CFR 351.214(g)(1)(i)(A). The Department intends to issue
the preliminary determination of this review no later than 180 days
from the date of initiation and final results of this review no later
than 90 days after the date the preliminary determination is issued.
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 Hubei Nature, which will include a
section requesting information concerning Hubei Nature's eligibility
for a separate rate. The review will proceed if the response provides
sufficient indication that Hubei Nature 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 Hubei Nature in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Hubei
Nature 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 Hubei Nature only for subject merchandise which
Hubei Nature both produced and exported.
To assist in its analysis of the bona fides of Hubei Nature's
sales, upon initiation of this NSR, the Department will require Hubei
Nature 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: April 18, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-09700 Filed 4-25-13; 8:45 am]
BILLING CODE 3510-DS-P