[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64749-64750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25958]
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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, International Trade Administration,
Department of Commerce.
DATED: Effective Date: October 31, 2014.
SUMMARY: The Department of Commerce (the Department) has determined
that three requests for new shipper reviews of the antidumping duty
order on freshwater crawfish tail meat from the People's Republic of
China (PRC), meet the statutory and regulatory requirements for
initiation.
FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, 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-
1757.
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\
Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), we received three timely requests for new shipper
reviews of the Order from Wuhan Coland Aquatic Products and Food Co.,
Ltd. (Coland), Weishan Hongda Aquatic Food Co., Ltd. (Hongda), and
Hubei Yuesheng Aquatic Products Co., Ltd. (Hubei Yuesheng).\2\ Each new
shipper review applicant certified that it is both the producer and
exporter of the subject merchandise upon which its 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) (Order).
\2\ See Coland's new shipper review request dated September 18,
2014 (Coland NSR request); Hongda's new shipper review request dated
September 29, 2014 (Hongda NSR request); Hubei Yuesheng's new
shipper review request dated September 30, 2014 (Hubei Yuesheng NSR
request).
\3\ See Coland NSR request at page 1; Hongda NSR request at
Exhibit 1; Hubei Yuesheng NSR request at 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), each new shipper applicant 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), each
new shipper applicant 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), each new
shipper applicant also certified that its export activities were not
controlled by the government of the PRC.\6\
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\4\ See Coland NSR request at Attachment 1; Hongda NSR request
at Exhibit 1; Hubei Yuesheng NSR request 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), each new shipper applicant 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.\7\
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\7\ See Coland NSR request at Attachment 2; Hongda NSR request
at Exhibit 2; Hubei Yuesheng NSR request at Exhibit 1.
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Period of Review
In accordance with 19 CFR 351.214(g)(1)(A), the period of review
(POR) for new shipper reviews initiated in the month immediately
following the anniversary month will be the twelve-month period
immediately preceding the anniversary month. Therefore, under the
Order, the POR is September 1, 2013, through August 31, 2014.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that the request from each new
shipper applicant meets threshold requirements for the initiation of a
new shipper review of shipments of freshwater crawfish tail meat from
the PRC produced and exported by each new shipper applicant.\8\
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\8\ 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 Wuhan Coland Aquatic
Products and Food Co., Ltd.'' dated concurrently with this notice;
``Freshwater Crawfish Tail Meat from the People's Republic of China:
Initiation Checklist for Antidumping Duty New Shipper Review of
Weishan Hongda Aquatic Food Co., Ltd.'' dated concurrently with this
notice; and ``Freshwater Crawfish Tail Meat from the People's
Republic of China: Initiation Checklist for Antidumping Duty New
Shipper Review of Hubei Yuesheng Aquatic Products Co., Ltd.'' dated
concurrently with this notice. (Collectively, Initiation
Checklists.)
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The Department intends to issue the preliminary results of these
new shipper reviews no later than 180 days from the date of initiation
and the final results of the review no later than 90 days after the
date the preliminary results are issued.\9\ 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 each new shipper applicant which will include a section requesting
information concerning its eligibility for a separate rate. The new
shipper review of each new shipper applicant will be rescinded if the
Department determines that each new shipper applicant has not
demonstrated that it is eligible for a separate rate. In addition, the
Department has concerns with certain information contained in entry
data that the Department obtained from U.S. Customs and Border
Protection (CBP). Due to the business proprietary nature of this
information, please refer to the Initiation Checklists for further
discussion. The Department intends to address these concerns after
initiation of the new shipper reviews. If
[[Page 64750]]
the Department subsequently determines, based on information collected,
that a new shipper review for any applicant is not warranted, the
Department may rescind the review or apply facts available pursuant to
section 776 of the Act, as appropriate.
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\9\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(i).
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We will instruct CBP 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
each new shipper applicant in accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e). Because each new shipper applicant
certified that it produced and exported subject merchandise, the sale
of which is the basis for the request for a new shipper review, we will
apply the bonding privilege to each new shipper applicant only for
subject merchandise which was produced and exported by each new shipper
applicant.
To assist in its analysis of the bona fides of each new shipper
applicant's sales, upon initiation of this new shipper review, the
Department will require each new shipper applicant 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
the new shipper review 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, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-25958 Filed 10-30-14; 8:45 am]
BILLING CODE 3510-DS-P