[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Notices]
[Pages 22947-22949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09479]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and New
Shipper Review; 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: On October 3, 2013, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the administrative review and new shipper review of the antidumping
duty order on freshwater crawfish tail meat from the People's Republic
of China (the PRC).\1\ The period of review (POR) for the
administrative review is September 1, 2011, through August 31, 2012,
and the POR for the new shipper review is September 1, 2011 through
September 30, 2012. These reviews cover four producers/exporters of
subject merchandise: Nanjing Gemsen International Co., Ltd. (Nanjing
Gemsen), Xiping Opeck Food Co., Ltd. (Xiping Opeck), Yancheng Hi-King
Agriculture Developing Co., Ltd. (Yancheng Hi-King), and Deyan Aquatic
Products and Food Co., Ltd. (Deyan Aquatic, the new shipper). We
invited parties to comment on the Preliminary Results. Based on our
analysis of the comments received, we made a change to our margin
calculations. However, for the final results, we continue to find that
the companies covered by these reviews did not make sales of subject
merchandise at less than normal value.
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\1\ See Freshwater Crawfish Tail Meat From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review and New Shipper Review; 2011-2012, 78 FR 61331 (October 3,
2013) (Preliminary Results). Also, on February 12, 2013, in
accordance with 19 CFR 351.214(j)(3), the Department aligned the new
shipper review with the administrative review. See Memorandum to the
File from Dustin Ross, Case Analyst, ``Alignment of New Shipper
Review of Freshwater Crawfish Tail Meat from the People's Republic
of China with the concurrent administrative review of Freshwater
Crawfish Tail Meat from the People's Republic of China'' dated
February 12, 2013.
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DATES: Effective Date: April 25, 2014.
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2013, the Department published the Preliminary
Results of these reviews. On January 24, 2014, we issued a memorandum
extending the time limit for the final results of these reviews to
April 21, 2014.\2\
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\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Freshwater Crawfish Tail Meat from the People's Republic of China:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review and New Shipper Review; 2011-2012'' dated
January 24, 2014.
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The Department gave interested parties an opportunity to comment on
the Preliminary Results. We received a case brief from the petitioner,
Crawfish Processors Alliance (CPA) on January 14, 2014, and rebuttal
briefs from Xiping Opeck on January 21, 2014, and from Deyan Aquatic
and Yancheng Hi-King on January 22, 2014.
We conducted these reviews in accordance with sections 751(a)(1)(B)
and 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act).
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, the Department added HTSUS classification number
0306.29.01.00 to the scope description pursuant to a request by U.S.
Customs and Border Protection (CBP). The HTSUS numbers are provided for
convenience and customs purposes only. The written description of the
scope is dispositive. A full description of the scope of the order is
contained in the Issues and Decision Memorandum,\3\ which is hereby
adopted by this notice.
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\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from James Maeder, Director, Office II,
Antidumping and Countervailing Duty Operations, ``Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review and New Shipper Review of Freshwater Crawfish
Tail Meat from the People's Republic of China'' dated concurrently
with and hereby adopted by this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in the case briefs by parties to these reviews
are addressed in the Issues and Decision Memorandum. A list of the
issues raised is attached to this notice as an appendix. The Issues and
Decision Memorandum is a public document and is on file electronically
[[Page 22948]]
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS
is available to registered users at http://iaaccess.trade.gov and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
Enforcement and Compliance Web site at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Final Determination of No Shipments
For these final results, we continue to find that China Kingdom
(Beijing) Import & Export Co., Ltd. (China Kingdom), Shanghai Ocean
Flavor International Trading Co., Ltd. (Shanghai Ocean Flavor), and
Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou Jinjiang), which have
separate rates, had no shipments during the POR.\4\ Consistent with the
Department's refinement to its assessment practice in NME cases
regarding no shipment claims, we are completing the administrative
review with respect to China Kingdom, Shanghai Ocean Flavor, and Xuzhou
Jinjiang, and will issue appropriate instructions to CBP based on the
final results of the administrative review.\5\
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\4\ See Preliminary Results.
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section below.
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Changes Since the Preliminary Results
Based on our analysis of comments received, we made a change to our
calculations for these final results. Specifically, we altered our
method of valuing crawfish shell from the Preliminary Results. For
further details, see the company-specific analysis memoranda dated
concurrently with this notice and the Issues and Decision Memorandum.
Final Results of the Review
For the final result of the administrative review, we determine
that the following percentage weighted-average dumping margins exist
for the period September 1, 2011, through August 31, 2012:
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Margin
Company (percent)
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Nanjing Gemsen International Co., Ltd...................... 0.00
Xiping Opeck Food Co., Ltd................................. 0.00
Yancheng Hi-King Agriculture Developing Co., Ltd \6\....... 0.00
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\6\ For these final results, we continue to find that Yancheng
Hi-King and its affiliates, Yancheng Seastar Seafood Co., Ltd.,
Wuhan Hi-King Agriculture Development Co., Ltd., Yancheng Hi-King
Frozen Food Co., Ltd., Jiangxi Hi-King Poyang Lake Seafood Co.,
Ltd., and Yancheng Hi-King Aquatic Growing Co., Ltd., are a single
entity for the purpose of calculating an antidumping duty margin.
See Issues and Decision Memorandum.
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For the result of the new shipper review, the Department determines
that a dumping margin of 0.00 percent exists for merchandise produced
and exported by Deyan Aquatic Products and Food Co., Ltd. covering the
period September 1, 2011, through September 30, 2012.
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by these reviews.\7\ We
intend to issue assessment instructions to CBP 15 days after the date
of publication of these final results of reviews. For Nanjing Gemsen,
Xiping Opeck, Yancheng Hi-King, and Deyan Aquatic we will instruct CBP
to liquidate all entries during the respective PORs without regard to
antidumping duties because their weighted-average dumping margins in
these final results are zero.\8\
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\7\ See 19 CFR 351.212(b)(1).
\8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
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Pursuant to the Department's refinement to its assessment practice
in NME cases,\9\ for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the Department 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 PRC-wide rate.
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of the administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date as provided
by section 751(a)(2)(C) of the Act: (1) For subject merchandise
exported by the companies listed above that have separate rates, the
cash deposit rate will be the rate established in the final results of
the administrative review for each exporter as listed above, except if
the rate is zero or de minimis, then no cash deposit will be required
for that exporter; (2) for previously investigated companies not listed
above that have separate rates, the cash deposit rate will continue to
be the company-specific rate published for the investigation; (3) for
all other PRC exporters of subject merchandise which have not been
found to be entitled to a separate rate, the cash deposit rate will be
the PRC-wide rate of 223.01 percent; and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC entity that
supplied that non-PRC exporter.
With respect to Deyan Aquatic, the respondent in the new shipper
review, the Department established a combination cash deposit rate for
this company consistent with its practice as follows: (1) For subject
merchandise produced and exported by Deyan Aquatic, the cash deposit
rate will be the rate established for Deyan Aquatic in the final
results of the new shipper review; (2) for subject merchandise exported
by Deyan Aquatic, but not produced by Deyan Aquatic, the cash deposit
rate will be the rate for the PRC-wide entity; and (3) for subject
merchandise produced by Deyan Aquatic but not exported by Deyan
Aquatic, the cash deposit rate will be the rate applicable to the
exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Notifications
This notice serves as a final 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 review period. Failure to comply
with this requirement could
[[Page 22949]]
result in the Secretary's presumption that reimbursement of antidumping
duties occurred and the subsequent assessment of double antidumping
duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction 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 terms of an APO is a sanctionable
violation.
These final results of reviews are issued and published in
accordance with sections 751(a)(1), 751(a)(2)(B)(iv), 751(a)(3), 777(i)
of the Act and 19 CFR 351.213(h), 351.214 and 351.221(b)(4).
Dated: April 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum:
A. Summary
B. Background
C. Surrogate Country
D. Affiliation
E. Separate Rates
F. Discussion of the Issue
1. Selection of Surrogate Value for Crawfish Shell
G. Recommendation
[FR Doc. 2014-09479 Filed 4-24-14; 8:45 am]
BILLING CODE 3510-DS-P