[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60134-60136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23793]
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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
and New Shipper Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review and new shipper review of the antidumping duty
order on freshwater crawfish tail meat from the People's Republic of
China (PRC). The period of review (POR) for the administrative review
and new shipper review is September 1, 2012, through August 31, 2013.
The Department preliminarily determines that Hubei Nature Agriculture
Industry Co., Ltd. (Hubei Nature, the new shipper), and Xiping Opeck
Food Co., Ltd. (Xiping Opeck) have not made sales of subject
merchandise in the United States at prices below normal value.
DATES: Effective Date: October 6, 2014.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Hermes Pinilla, AD/CVD
Operations, Office 1, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683, and (202) 482-3477, respectively.
SUPPLEMENTARY INFORMATION:
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 item numbers
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). 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\
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\1\ See the memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Results of the Antidumping
Duty Administrative Review and New Shipper Review: Freshwater
Crawfish Tail Meat from the People's Republic of China'' dated
concurrently with and hereby adopted by this notice (Preliminary
Decision Memorandum).
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[[Page 60135]]
Methodology
The Department conducted these reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price
is calculated in accordance with section 772(c) of the Act. Because the
PRC is a non-market economy (NME) 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 Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Reviews
The Department determines that the following preliminary dumping
margins exist for the administrative review covering the period
September 1, 2012, through August 31, 2013:
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Weighted
average
Exporter dumping
margin
(percent)
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Xiping Opeck Food Co., Ltd.................................. 0.00
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As a result of the new shipper review, the Department preliminarily
determines that a dumping margin of 0.00 percent exists for merchandise
produced and exported by Hubei Nature Agriculture Industry Co., Ltd.
covering the period September 1, 2012, through August 31, 2013.
Disclosure and Public Comment
The Department will disclose calculations performed in these
preliminary results to the parties within five days after the date of
publication of this notice.\2\ Pursuant to 19 CFR 351.309(c),
interested parties may submit cases briefs no later than 30 days after
the date of publication of these preliminary results of review.\3\
Parties who submit arguments are requested to submit with the argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities. Rebuttals briefs, limited to issues raised
in case briefs, may be filed no later than five days after the time
limit for filing the case briefs, as specified by 19 CFR 351.309(d).
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's IA
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\4\ 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. Oral
presentations will be limited to issues raised in the briefs. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230,
at a time and location to be determined.\5\ Parties should confirm by
telephone or email the date, time, and location of the hearing.
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\4\ See 19 CFR 351.310(c).
\5\ Id.
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of these reviews, 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, the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by these reviews.\6\ If a respondent's weighted average dumping margin
is above de minimis (i.e., 0.50 percent) in the final results of these
reviews, the Department will calculate an importer-specific assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales and, where possible, the
total entered value of sales, in accordance with 19 CFR 351.212(b)(1).
In these preliminary results, the Department applied the assessment
rate calculation method adopted in the Final Modification for Reviews,
i.e., on the basis of monthly average-to-average comparisons using only
the transactions associated with the importer with offsets being
provided for non-dumped comparisons.\7\ 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.\8\
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\6\ See 19 CFR 351.212(b)(1).
\7\ 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)
(Final Modification for Reviews).
\8\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement in the Department's 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. We intend to issue assessment instructions to CBP 15
days after the date of publication of the final results of these
reviews.
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\9\ For a full discussion of this practice, 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 these reviews for shipments of the
subject merchandise from the PRC 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 the companies listed above
that have a separate rate, with the exception of Hubei Nature (see
below), the cash deposit rate will be that established in the final
results of these reviews (except if the rate is zero or de minimis,
i.e., less than 0.5 percent, then no cash deposit will be required);
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate
[[Page 60136]]
will be that for the PRC-wide entity; 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 exporter that
supplied that non-PRC exporter.
With respect to Hubei Nature, the new shipper respondent, 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 Hubei Nature, the cash deposit rate will be
the rate established for Hubei Nature in the final results of the NSR;
(2) for subject merchandise exported by Hubei Nature, but not produced
by Hubei Nature, the cash deposit rate will be the rate for the PRC-
wide entity; and (3) for subject merchandise produced by Hubei Nature
but not exported by Hubei Nature, the cash deposit rate will be the
rate applicable to the exporter.
These deposit requirements, when imposed, shall remain in effect
until further 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 these PORs. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing the preliminary results of these
reviews 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: September 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Non-Market-Economy Country Status
6. Surrogate Country
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Surrogate Values
14. Currency Conversion
15. Recommendation
[FR Doc. 2014-23793 Filed 10-3-14; 8:45 am]
BILLING CODE 3510-DS-P