[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Notices]
[Pages 68411-68412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27312]
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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 Reviews
AGENCY: Enforcement and Compliance, formerly Import Administration,
[[Page 68412]]
International Trade Administration, Department of Commerce.
DATES: Effective Date: November 14, 2013.
SUMMARY: The Department of Commerce (Department) has determined that
requests for new shipper reviews of the antidumping duty order on
freshwater crawfish tail meat (crawfish) from the People's Republic of
China (PRC), meet the statutory and regulatory requirements for
initiation. The period of review (POR) for these new shipper reviews is
September 1, 2012, through August 31, 2013.\1\
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\1\ See 19 CFR 351.214(g)(1)(i)(A).
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
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Washington, DC 20230; Telephone: (202) 482-3683.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on crawfish from the PRC published in
the Federal Register on September 15, 1997.\2\ Pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), we
received timely requests for new shipper reviews of the order from
Hubei Nature Agriculture Industry Co., Ltd. (Hubei Nature) \3\ and
Hubei Zhenghe Food Co., Ltd. (Hubei Zhenghe).\4\ Each company certified
that it is both the producer and exporter of the subject merchandise
upon which the request was based.\5\
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\2\ See Notice of Final Determination of Sales at Less Than Fair
Value: Freshwater Crawfish Tail Meat From the People's Republic of
China, 62 FR 41347 (August 1, 1997), as amended by 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).
\3\ See Hubei Nature's new shipper request dated September 18,
2013.
\4\ See Hubei Zhenghe's new shipper request dated September 30,
2013.
\5\ See Hubei Nature's new shipper request at Exhibit 2 and
Hubei Zhenghe's new shipper request at Exhibit 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), Hubei Nature and Hubei Zhenghe each certified that it
did not export subject merchandise to the United States during the
period of investigation (POI).\6\ 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 and Hubei Zhenghe each 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.\7\ As required by 19 CFR 351.214(b)(2)(iii)(B), Hubei Nature
and Hubei Zhenghe also certified that their export activities were not
controlled by the government of the PRC.\8\
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\6\ Id.
\7\ Id.
\8\ Id.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2), Hubei Nature and Hubei Zhenghe each submitted
documentation establishing the following: (1) The date on which it
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.\9\
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\9\ Hubei Nature's new shipper request at Exhibit 1 and Hubei
Zhenghe's new shipper request at Exhibit 2.
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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 the requests from Hubei Nature
and Hubei Zhenghe meet the threshold requirements for initiation of new
shipper reviews for shipments of crawfish from the PRC produced and
exported by Hubei Nature and produced and exported by Hubei
Zhenghe.\10\
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\10\ See the memoranda to the file entitled ``Freshwater
Crawfish Tail Meat from the People's Republic of China: Initiation
Checklist for Antidumping Duty New Shipper Review of Hubei Nature
Agriculture Industry Co., Ltd.'' and ``Freshwater Crawfish Tail Meat
from the People's Republic of China: Initiation Checklist for
Antidumping Duty New Shipper Review of Hubei Zhenghe Food Co.,
Ltd.'' dated concurrently with this notice.
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The Department intends to issue the preliminary results of these
reviews no later than 180 days from the date of initiation and final
results of these reviews no later than 90 days after the date the
preliminary results are issued.\11\ 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
and Hubei Zhenghe which will include a section requesting information
concerning their eligibility for a separate rate. The new shipper
review of Hubei Nature will be rescinded if the Department determines
that Hubei Nature has not demonstrated that it is eligible for a
separate rate. Likewise, the new shipper review of Hubei Zhenghe will
be rescinded if the Department determines that Hubei Zhenghe has not
demonstrated that it is eligible for a separate rate.
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\11\ See section 751(a)(2)(B)(iv) of the Act.
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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 and Hubei Zhenghe in
accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e). Because each company certified that it produced and
exported subject merchandise, the sale of which is the basis for the
requests for new shipper reviews, we will apply the bonding privilege
to Hubei Nature and Hubei Zhenghe only for subject merchandise which
were produced and exported by Hubei Nature and produced and exported by
Hubei Zhenghe.
To assist in its analysis of the bona fides of these two companies'
sales, upon initiation of this new shipper review, the Department will
require them 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
these new shipper reviews 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: November 6, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-27312 Filed 11-13-13; 8:45 am]
BILLING CODE 3510-DS-P